Article 1 (Purpose)
The WeBudding Selling Member Terms of Use, (hereinafter referred to as "Terms of Use") are intended to stipulate rights, obligations, responsibilities, general procedures, and other necessary matters between Noutecompany Corp. (hereinafter referred to as "Company") and an entity (hereinafter referred to as the "Selling Member") who has signed up for WeBudding Seller Admin operated by the Company (hereinafter referred to as "Seller Admin") as a Selling Member in order to use services (hereinafter referred to as "Services") provided including paid transactions, sales management, and purchase management of contents provided by the Company.
Article 2 (Definitions)
(1) The terms used in these Terms of Use shall be defined as follows:
1.
"Seller Admin" refers to a PC, mobile website, and application provided by the Company to enable Selling Members to register and manage paid content products related to the use of the Services.
2.
"Product" refers to content that Selling Members telemarket and that the Company intermediates telemarketing sales within the Services.
3.
"Content" refers to a product or a collection of products where a form of codes, texts, voices, sounds, pictures, photos, videos, or links is structured into a data format; or to information which Selling Members have the legal rights to retain and are supposed to provide "Purchasing Members" with.
4.
"Purchasing Members" refer to entities which purchase products from the Services and use the Content according to the product sales conditions.
(2) Definitions of terms that are not stipulated in this Article shall be determined by the relevant laws and regulations and general commercial practices.
Article 3 (Posting and Amendments of Terms of Use)
(1) The Company shall post these Terms of Use on the home page or connection screens of Seller Admin so that Selling Members can easily be aware of them.
(2) The Company may amend these Terms of Use if necessary within a scope where it does not violate any relevant laws and regulations, and in such a case, the Company shall announce the amendment details and their effective date through WeBudding from 7 days to 1 day before the effective date. However, if any of the details may count against Selling Members, the announcement shall be made 30 days before the effective date.
(3) If Selling Members do not agree to the amended terms, they may declare their intention of refusal before the effective date to withdraw the service use contract (hereinafter referred to as the "Service Contract") under these Terms of Use.
(4) If the Selling Member does not explicitly refuse even after the Company has notified the amendments in accordance with paragraph (2) of this Article and clearly states, "If the Selling Member does not declare their intentions before the effective date, it will be deemed that the intention has been declared", you will be deemed to have agreed to the amendments.
Article 4 (Effect of Terms of Use)
(1) The Company may establish and operate separate Operating Policies (hereinafter referred to as "Operating Policies") for detailed matters not stipulated in these Terms of Use, and such matters shall be posted through the notice in WeBudding Seller Admin. The Operating Policies form a part of the Service Contract along with these Terms of Use.
(2) The Company may separately establish Terms and Conditions for specific services (hereinafter referred to as "Separate Terms and Conditions"), and if a Selling Member has agreed to the Separate Terms and Conditions, the Separate Terms and Conditions shall be a part of the Service Contract, and in cases of any conflicts of interest between the terms, the Separate Terms and Conditions shall take precedence.
(3) A person who wishes to join as a Selling Member according to the Terms of Use shall confirm that he or she has understood the matters in these Terms of Use and agrees to the rights and obligations between the Selling Member and the Company.
Article 5 (Conclusion of the Service Contract)
(1) The Service Contract shall take effect when a person who intends to use the Services agrees to the Terms of Use and signs up as a Selling Member according to the procedure established by the Company, and the Company approves after review. The Company may deliver the declaration of intention for approval of use by posting it on the concerned service screen or sending an email.
(2) A membership applicant shall promptly submit evidentiary documents separately requested by the Company, and the Company may withhold or refuse the approval for membership sign-up until the time the concerned documents are handed in.
Article 6 (Membership Sign-up and Approval)
(1) Selling Members shall sign up in the following way:
1.
A membership applicant fills member information and business information (if applicable) in the form after verifying the applicant's identity and agreeing to these Terms of Use, and attaches required evidentiary documents.
2.
Individual applicants shall enter their resident registration number and account information (bank name, account number, account holder) for settlement and tax processing at the point in time of sales.
3.
Business applicants shall submit evidentiary documents requested by the Company, including a certificate of representative or corporate seal impression, confirmation of authority, etc. (required if a delegate signs up).
(2) The Company shall approve the sign-up in the preceding paragraph in the following way.
1.
Details of the approval or refusal of sign-up will be notified to the applicant in the manner stipulated in Article 12.
2.
The Company may refuse to approve an application for the following reasons and may cancel the approval even after the applicant becomes a member in case of the following reasons:
a.
If the applicant has used a false name or someone else’s name upon application
b.
If the details contain false information, or if the information requested by the Company is not entered
c.
If a Selling Member is restricted from service usage, such as suspension of using the Services, arbitrarily terminates the Service Contract during the period of usage restriction, and signs up again
d.
If an applicant has lost the right as a Selling Member due to usage restriction under these Terms of Use
e.
If approval for sign-up is unavailable due to reasons attributable to the Company such as technology-related or work-related obstacles
f.
If approval is not available due to reasons attributable to the applicant, or if the sign-up procedure has violated other matters, such as having failed to submit required documents or documents requested by the Company
g.
If the Company deems it necessary by reasonable judgment, including when the sign-up procedure is in violation of these Terms of Use, illegal, or unreasonable
(3) If there is a change in the information entered at the time of signing up, the Selling Member shall either modify it directly or notify the Company immediately through application for modifications. Any disadvantages that have arisen from the violation shall not be attributable to the Company except for cases due to the Company’s intention or negligence.
Article 7 (Management Obligations of Selling Member Account)
(1) Selling Members shall be responsible for protecting and managing their own WeBudding IDs and passwords (hereinafter referred to as "Login Information") and shall not allow third parties to use them or allow the information to be leaked.
(2) Selling Members shall notify the Company immediately upon realizing the fact that their Login Information has been used illegally or leaked out and shall conform to the Company’s instructions. The Company is not responsible for any disadvantages arising because the Selling Member does not notify the Company of the fact or does not conform to the Company’s instructions even if the Selling Member has notified the fact except for the cases due to the Company’s intention or negligence.
(3) The Company may restrict the use of the Selling Member’s account if the Selling Member’s personal information can possibly be leaked, and in such a case, the Company shall notify the Selling Member in a manner expressed in Article 12.
Article 8 (Disclaimer of Representation and Guarantee)
(1) The Company is only responsible for operating and managing the telemarketing intermediary system for product transactions between the Selling Members and the Purchasing Members and does not represent the Purchasing Member or the Selling Member regarding transactions such as the sale of the product, and any actions of the Company shall not be considered an act on behalf of the Selling Member or Purchasing Member.
(2) Regarding the transaction between the Selling Member and the Purchasing Member made through the Services, the Company does not guarantee the existence or authenticity of the intention to sell or purchase, the profile of the Selling Member, the quality, completeness, safety, and legality of the registered product, and non-infringement of the rights of others, the information entered by the Selling Member or Purchasing Member and the authenticity of information posted via the linked URL through the information inputted by the Selling Member or Purchasing Member, etc., and all risks and responsibilities related to this shall be borne by the Member.
(3) The Company does not guarantee any sales effect of the products handled by the Selling Member through the Services, and the Selling Member cannot hold the Company accountable for the lack of the sales effect intended by the Selling Member.
Article 9 (Types and Use of Services)
(1) The Company may provide the following Services to the Selling Member pursuant to these Terms of Use, and, if necessary, may entrust the Services to a third party. However, depending on the provision of Services and Operating Policies, certain Services may be provided preferentially while the remaining Services may be provided sequentially. The time of provision of each Service may vary according to the Company policies, and the names of the Services may also be changed.
1.
Telemarketing intermediary service for product transactions
2.
Payment and settlement service for product transactions
3.
Advertising services for the promotion of product sales
4.
Community Services for facilitating exchanges between Selling Members
5.
Services related to other telemarketing intermediary activities
(2) The Service provided by the Company shall be for the purpose of allowing the use of the Services or arranging telemarketing sales so that the Selling Member can trade the products, and the Company shall not take any responsibility for the products that an individual Selling Member has registered for Services except for the cases due to the Company’s intention or negligence.
(3) It is a principle that the Company provides the Services 24 hours a day, 365 days a year, unless there is a special occasion regarding business or technical issues, but the Services may temporarily be suspended on days or times when regular maintenance or system upgrade is required. In a case where the Services have to be temporarily suspended for such reasons, the Company shall notify in advance through the notice in WeBudding Seller Admin.
(4) The Company mandatorily applies the "POPBill cash receipt issuance service" provided by LinkHub to all Selling Members who use the Services under the name of the business operator for the purpose of the smooth provision of sales payment and settlement service. The Company uses the service provided by LinkHub to issue monthly cash receipts on behalf of Selling Members.
Article 10 (Service Charge)
(1) The Company may charge for the Services from Selling Members, and the detailed informations of the Service Charges are as follow:
1.
"Monthly Sales in Seeds" refer to the sum of Seeds of sales and the charged amount at WeBudding from the first day to the last day of the previous month according to the Korea Standard Time (KST).
2.
“Monthly Sales in US Dollar” is calculated by multiplying Monthly Sales in Seeds by 100, the KRW-Seeds exchange rate, and then dividing by the KRW-USD exchange rate. For example, if your previous month's Monthly Sales in Seeds is 2,000 Seeds, then your Monthly Sales in US Dollar would be 2,000 Seeds * 100KRW / 1,000 = $200, assuming 1$=1,000 KRW.
3.
The "Settled Amount" is determined by deducting the Service Charges from the monthly sales in US Dollar; the Service Charges are calculated based on the "Commission Fee Rate" that is applied differently to each Selling Member. The Company shall post the related information for Selling Members to check with during the process of opening a sales business within the Services.
a.
Settled Amount: Monthly Sales in US Dollar * (100% - Commission Fee Rate (%))
4.
The Settled Amount shall be rounded down from the third decimal place.
(2) The Company may deduct Service Charges from the settled payment, which the Company pays to the Selling Members, according to Article 21. However, in cases where the Company and the Selling Member have entered into a separate agreement, the collection of the Service Charges may be differently applied. If other matters need to be stipulated, the collection method may be changed in accordance with the Company policies. The Company shall notify the concerned changes on WeBudding or WeBudding Seller Admin.
(3) The Company may newly implement or revise the service charging system if necessary, and in such cases, the concerned matters shall be notified through WeBudding.
Article 11 (Interruption of Service)
(1) The Company may temporarily suspend the Services in cases of the following subparagraphs:
1.
If regular maintenance or facility repair work is required
2.
If there are reasons attributable to a third party such as interruption of telecommunications service from a key telecommunication service provider
3.
If the normal provision of Services is unavailable due to natural disasters or national emergency
4.
If there are uncontrollable technical- or business-related errors
(2) If the Services are interrupted pursuant to this Article, the Company shall notify in advance the Selling Members of the reasons and period of interruption in a method described in Article 12. However, if the Company cannot notify in advance due to inevitable situations, it may notify the details afterwards.
Article 12 (Notification)
(1) The Company may send notifications regarding the Terms of Use via email addresses or (mobile) phone numbers collected from the Selling Members, or pop-up windows upon logging into WeBudding Seller Admin.
(2) If the Company notifies all Selling Members, the Company may replace the notification method stipulated in paragraph (1) of this Article by posting it on the homepage of WeBudding or the bulletin board for at least seven days. However, matters that significantly affect Selling Members’ use of Services shall be separately notified using at least 2 methods listed in paragraph (1) of this Article.
(3) Selling Members are ought to provide reachable contact information, such as their email address, (mobile) phone number, and address, and keep the information up to date to check notifications sent by the Company.
In cases when the Selling Member does not faithfully perform the obligations stipulated in the preceding paragraph, leading to cause disadvantages, the Company is not responsible for any of those advantages except for the cases due to the Company's intention or negligence.
Article 13 (Company Rights and Obligations)
(1) The Company shall make the best effort and strive to provide continuous and stable Services in compliance with the relevant laws and regulations and the Terms of Use.
(2) If the Company deems the complaints and problems in the Services raised by the Selling Member justifiable, the Company shall take priority over the concerned issues. If it is difficult to solve the issues in a prompt manner, the Company shall notify the Selling Member of the reasons for the delay and the dealing process in a method stipulated in Article 12.
(3) The Company may use the profile or product information registered by the Selling Member in the Services for the purpose of providing the Services pursuant to Article 9 (1) as well as for the purpose of promoting the Services, and may modify or edit such information if necessary.
(4) The Company may prepare statistical data using information such as sales effect from product transaction details and sales price, made by the Selling Members' use of the Services. The Company may use this information in order to improve the Service, apply the information to other Services of the Company, and develop new services.
(5) If governmental agencies, such as an investigation agency or court, request the Company to submit data related to the use of the Services by the Selling Member as per the relevant laws and regulations, the Company may provide it without the consent of the Selling Member.
(6) If the Company deems that the products and information registered by the Selling Member in the Service contain illegal information that are against the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., or if the Company deems that the Selling Member is using the Services for a purpose other than those stipulated in the Terms of Use, the Company may delete the product and its information without prior notice to the Selling Member.
(7) In order to provide the Services stably, the Company may set a limit on the number of products that can be sold (including both on-sale and standby products) for each Selling Member, and the details shall be stipulated in the Operating Policies.
Article 14 (Obligations and Prohibited Acts of Selling Members)
(1) Selling Members shall not provide false information when signing up for a membership or changing member information and shall ensure that false information is not included in the evidentiary documents submitted to the Company upon sign-up application. The Selling Member is responsible for disadvantages or legal liabilities arising from violating this paragraph.
(2) The Selling Member shall guarantee that the sale of products and the provision of content accordingly does not violate the relevant laws and regulations, and if any particular qualifications, licenses, and requirements are required to provide contents accordingly under the relevant laws and regulations, the Selling Member shall guarantee that the products are transacted with such qualifications, licenses, and requirements. The Selling Members shall be responsible for disadvantages or legal liabilities arising from violating this paragraph, and the Selling Member shall indemnify the Company from any issues raised to the Company due to violation of this paragraph and shall be responsible for compensating the Company or Purchasing Members for any damages incurred.
(3) Selling Members shall comply with relevant laws and regulations, the Terms of Use, and obligations stipulated in the Operating Policies. In case of violating the obligations of the Selling Member pursuant to the Terms of Use, the Company may take measures such as limiting the use of the Services and canceling the Service Contract. The Company is not responsible for any disadvantages caused by this except for the cases due to the Company’s intention or negligence.
(4) Selling Members must provide the contents according to the product sales conditions by themselves, and in violation of this, the Selling Member shall bear all responsibilities resulting from the failure or unfaithful performance of contents in accordance with the product sales conditions.
(5) If the Selling Member finds it difficult to supply the subscribed content, the Selling Member shall notify the Purchasing Member of the reason without delay and refund in whole or in part of the price or take necessary measures for refund within 3 business days from the date of the notification.
(6) Matters not stipulated in detail in the Terms of Use, including specific interpretations and procedures regarding restriction on the use of the Services and termination of the Service Contract shall be in conformity with the Operating Policies.
(7) The Selling Member shall not engage in any acts of the following subparagraphs in relation to the Services, and in case of violation, measures of restrictions on use or termination of the Service Contract may be taken, and the Selling Member may be responsible for civil and criminal liabilities according to the Terms of Use and Operating Policies.
1.
Acts that are generally forbidden
a.
An act of stealing someone else’s ID
b.
An act of transferring or lending Login Information to someone else
c.
An act of defaming or insulting someone else’s reputation
d.
An act of violating someone else’s intellectual property or other protected rights
e.
An act of posting or linking noxious information, including pornographic, deceitful, or illegal information
f.
An act of inflicting harm to someone else or the Company by hacking, distributing computer viruses, or attacking the server
g.
An act of transmitting a large amount of information with the intention to disturb the smooth service operation or of continuously transmitting advertising information against recipient's will
h.
An act of disturbing the Services or possibly causing errors to the Services
i.
An act of transferring, entrusting, or collateralizing the rights and obligations under the Terms of Use without the Company’s prior consent
j.
An act of using the Services for purposes other than product sales
k.
An act of violating the relevant laws and regulations or being involved in any crimes
l.
Any acts forbidden by the Operating Policies as other companies deemed necessary to put a restriction on the use of the Services
2.
Any forbidden acts related to transactions, including product registration or sales
a.
An act of illegal transactions where products are falsely registered or when an account of a family member or acquaintance is used to purchase a Selling Member’s product
b.
An act of posting the content irrelevant to the product name or information when registering the product or of repetitively posting the same content without any good reasons
c.
An act of restricting the legitimate rights of Purchasing Members, such as restrictions on subscription cancellation without grounds under the relevant laws and regulations when registering and selling products
d.
An act of selling products without obtaining particular qualifications or licenses, etc. required in order to sell the products under the relevant laws and regulations
e.
An act of selling or distributing the products or contents despite the fact that the Selling Member is prohibited or restricted from selling products or providing contents under the relevant laws and regulations
f.
An act of entering false details or using other people's trademarks or logos, etc., in the Selling Member’s profile and product information
g.
An act of violating the relevant laws and regulations, the Terms of Use, and the Operating Policies upon registration of products
h.
An act of failing to enter essential information stipulated in the relevant laws and regulations upon registration of products
i.
An act of manipulating the number of likes, comments, views, sales, etc., by the Seller Member himself or herself, or through a third party
(8) The Selling Member shall check and be fully aware of notifications and announcements delivered through WeBudding, MY menu, and registered email address and strive to keep the business information and settlement-related information shown in the profile and product information fields up to date. The Company shall not be responsible for any issues caused by the Selling Member having failed to check or understand notifications and announcements except for cases due to the Company's intention or negligence.
Article 15 (Protection of Other Entities' Rights and Report of Infringement of Rights, etc.)
(1) If the Selling Member uses a third party's intellectual property rights for content registration and product sales, approval of use should first be obtained from the right holder, and the Selling Member shall not infringe any intellectual property rights such as trademark right, patent right, copyright, name right, portrait right.
(2) The Company may take measures such as deleting the content and product and restricting re-registration if the Company has received a claim from a third party that the contents and product information registered and used by the Selling Member in the Services have infringed the third party's rights.
(3) Regarding the preceding paragraph, the Company may request explanatory documents from the Selling Member, and the Selling Member shall actively cooperate with the request. However, the documents submitted by the Selling Member should be verified by the Company, such as a final judgment by a court, and otherwise, the Company may keep the content and product deleted and restricted from registration.
(4) If any dispute regarding the contents and product information registered in the Service arises with a third party, the Selling Member shall take measures for the Company to receive immunity from the dispute and compensate the Company for the incurred damage.
Article 16 (Protection of Acquired Personal Information)
(1) Selling Members may not use the personal information of other people, such as Purchasing Members, acquired through the use of the Services for purposes other than those stipulated in the Terms of Use, or provide such information to a third party, but rather it shall be thoroughly protected in accordance with the relevant laws and regulations, the Terms of Use, and Operating Policies
(2) If the Purchasing Member raises an issue for the Selling Member's violation of this Article, the Selling Member shall exempt the Company and is responsible for all responsibilities, such as civil and criminal responsibilities, under the relevant laws and regulations.
(3) The Company may take measures to make the personal information of Purchasing Members disclosed to Selling Members private after a considerable period of time has elapsed in accordance with the Company policy for the purpose of providing, implementing, and managing contents, etc., for product sales.
Article 17 (Use of WeBudding and Management of Product Sales)
(1) Registration of contents and sales of products are available once the Company approves Selling Member sign-up, and the Selling Member must register and manage product information through WeBudding by themselves.
(2) Selling Members are obliged to faithfully manage and operate content registration, product advertisement, sales, etc. so that they do not violate relevant laws and regulations and the Terms of Use.
(3) Selling Members must properly manage detailed information such as the type of content they wish to provide and sales conditions of products through WeBudding, and Selling Members shall not provide false information.
(4) Selling Members may use WeBudding for the purposes set by the Company, such as registering and modifying content and products but cannot provide information received through WeBudding to third parties for purposes other than those stipulated in the relevant laws and the Terms and Conditions.
(5) Selling Members are obliged to manage the Login Information of themselves and that of the operator, and the Company shall not take responsibility for any damages caused by loss of Login Information due to reasons attributable to the Selling Member or the operator or by the use of third parties.
(6) When the Company requests submission of information and evidence required for the operation of the Services, the Selling Member shall faithfully comply with the request.
(7) Selling Members must accurately and faithfully answer inquiries from Purchasing Members, and all responsibilities and obligations arising from inaccurate or unfaithful answers shall be borne by the Selling Member. If Selling Members repetitively violate this paragraph, and if the Purchasing Member raises the same issue, the Company may restrict the Selling Member on the use of the Services or terminate the Service Contract.
(8) If the Selling Member deletes an inquiry or comment written by the Purchasing Member, a reply written by the Selling Member to the post is deleted as well. However, pursuant to the relevant laws and regulations, deleted posts are kept for 3 years from the date of creation.
(9) If the product does not show any content updates or transaction history for one year or longer after the product registration and thus is no longer provided to the Purchasing Member, the Company will remove the product from the product sales list or suspend it from sales without notice to improve the efficiency of product search and the convenience of the Purchasing Member.
(10) Selling Members must be fully aware of the Operating Policies and notices posted and guided by the Company through WeBudding, etc.
Article 18 (Registration and Sales of Products)
(1) Selling Members shall register the product they wish to sell the product according to the registration form provided by the Company.
(2) Registration of products that do not meet the Company's standards may be restricted through the Company's product inspection process.
(3) When registering the product, the Selling Member shall ensure that the Purchasing Member can fully check the product sales conditions before purchasing, including the conditions for withdrawal or cancellation of the product purchase (hereinafter referred to as "Subscription Withdrawal") and refund-related conditions (including whether a refund is restricted, such as Subscription Withdrawal), and the Selling Member is responsible for all responsibilities related to product information registered by himself/herself.
(4) Even if the product information registered by the Selling Member is deleted, the Company may keep the contents and product information in order to perform the obligations for information retention pursuant to the relevant laws and regulations.
Article 19 (Products Unsuitable for Sale)
(1) The Company may delete, cancel, or suspend the registration of the product at the request of a third party, such as a person who reported infringement of rights, if a product registered by the Selling Member cannot be sold online or is inappropriate according to the relevant laws and regulations.
(2) If the content details registered by the Selling Member, product information, and product sales and provision are in violation of related laws and regulations, the Terms of Use, the Operating Policies, etc., or if it interferes with public order and morals, or if it is related to or has such a purpose of manipulation of the law, or if it is required by the Company policy, the Company may use its authority to delete, cancel, or suspend such content.
(3) The Company shall prohibit the sale of products inappropriate for sale in the following subparagraphs, and shall hold the Selling Member responsible for the sale of such products stipulated in the following subparagraphs. If any damage is incurred to the Company by the Selling Member's due to the sales of the inappropriate products stipulated in the following subparagraphs, the Company may claim indemnification to the Selling Member.
1.
Products with false or exaggerated advertising
2.
Products that infringe the rights of other people, such as intellectual property rights (trademark rights, copyrights, etc.)
3.
Pornographic materials, etc., prohibited by the relevant laws and regulations
4.
Books, videos, sound sources, etc., that are not classified or reviewed under the relevant laws or regulations or that are illegally duplicated
5.
Products prohibited from being sold by the Selling Member under the relevant laws and regulations
6.
Products with a decision (request) to suspend or reserve sales from the relevant authorities
7.
Other products prohibited from handling according to the Company policies or are against public order and morals
Article 20 (Matters Regarding Refund Including Subscription Withdrawal, etc.)
(1) Selling Members must set product sales conditions within the scope of observing the obligations for refund, such as Subscription Withdrawal, that telemarketers, pursuant to the relevant laws and regulations, are responsible for. Unless otherwise stipulated in the Terms of Use, the Selling Member shall take responsibility for refunds, such as Subscription Withdrawal for products, as agreed upon when selling products.
(2) If the conditions for selling products set by the Selling Member are against the relevant laws and regulations, the relevant laws and regulations shall take precedence. In such a case, the Selling Member may receive restrictions for the violation.
(3) If the Purchasing Member does not download the purchased product, the Purchasing Member may request Subscription Withdrawal within 3 days from the purchase, and in such a case, the product transaction will be canceled immediately.
(4) The Company may refuse refunds or Subscription Withdrawal if 3 days have elapsed from the date of the purchase or after the Purchasing Member has used the purchased product.
(5) If a refund is only partially processed, such as partial Subscription Withdrawal, according to the sales conditions of the product registered by the Selling Member, the Selling Member shall enter the refund amount in accordance with the sales conditions of the product or agreement with the Purchasing Member, or calculated by grounds for calculation.
(6) It is the principle that even if the provision of the subscribed contents, etc., such as the non-guaranteed period for viewing contents, is not completed due to reasons attributable to the Selling Member, the entire amount of product sales shall be refunded even after the product has been used.
(7) It is the principle that if there is an objection to the Company from the Purchasing Member regarding a refund, such as the Subscription Withdrawal, the Company shall resolve it according to the agreement between the Selling Member and the Purchasing Member. However, if the reason for failing to reach an agreement between the Selling Member and the Purchasing Member is due to a violation of the Selling Member’s obligations under the relevant laws and regulations or the Terms and Use, or other reasons attributable to the Selling Member, refunds may be processed according to the Terms of Use and conditions of the sales, and in such a case, the Company may deduct the amount from the payment to be paid to the Selling Member.
Article 21 (Settlement)
(1) The Company pays the remaining amount (hereinafter referred to as the "Settled Payment") on a designated date every month according to the Company's settlement date after deducting the service charges, outstanding payment to the Company, and other debts from the sales price. The date for the Settled Payment shall be notified to the Selling Member through notices (or user guides) within the Services.
(2) When signing up for membership, the Selling Member must enter an account number to receive the Settled Payment, and it is the principle that the Selling Member must be the same person as the account holder of the deposit account entered by the Selling Member. However, the individual Selling Member not operating in the business name but in his/her personal name can enter an account to receive the Settled Payment only when an actual transaction occurs, and the individual Selling member must enter relevant information within the month where the transaction occurred, and otherwise, the individual Selling Member may not receive payment.
(3) If the transfer fails due to an error in the account number entered by the Selling Member for receiving the Settlement Payment, system error, or restrictions on using the services, the payment by the Company may be delayed.
(4) The Settled Payment incurred after the Selling Member's withdrawal is paid to the most recently entered account before the withdrawal.
Article 22 (Withholding Settlement, etc.)
(1) The Company may deduct all expenses such as damages incurred to the Company and Purchasing Members due to reasons attributable to the Selling Member when settling the sales price, and after the termination of the Service Contract with the Selling Member, the amount can be deposited for a certain period from the date of termination of the Service Contract and spent for refunds and fees charged for handling complaints from the Purchasing Member during the period.
(2) If there is a court decision, such as provisional seizure, seizure, and collection order of the sales, proceeds at the request of the Selling Member's creditor, the Company may suspend settlement of the sales until the decision is resolved by an agreement between the Selling Member and the creditor or by paying for the debt.
(3) If there is a reasonable circumstance that the Selling Member has violated or is suspected of having violated the matters of the Terms of Use based on the valid grounds, the Company may suspend the settlement of the sales for a certain period of time to process or cancel the product transaction.
(4) If there is a circumstance, based on valid grounds, that the Selling Member has violated or is suspected of having violated the Terms of Use and the Operating Policies, including false transactions, the Company may ask the Selling Member for an explanation, such as submitting evidentiary materials. If no materials can prove a normal transaction, the Company may cancel the transaction.
(5) If there are justifiable reasons, other than those stipulated in this Article, such as non-compliance with the law or non-compliance with anti-money laundering obligations, the Company shall notify the Selling Member of the fact and suspend settlement of the sales in whole or in part for a certain period of time, or the amount can be offset against accounts.
Article 23 (Evaluation System)
(1) Comments on contents and products (hereinafter collectively referred to as "Comments") may be seen on the Selling Member's content, product information, and Services.
(2) Selling Members cannot use the Comments in whole or in part outside of the Services.
(3) Selling Members cannot delete Comments written by Purchasing Members even if they are unfavorable to Selling Members, such as criticizing their product quality.
(4) In case of any reasons of the following subparagraph, the Company may hide Comments or take measures to stop posting according to the request of the right holder, and the restrictive measures to use the Services shall be taken to the poster of the content.
1.
If any content review contains swears, obscenity, slander, etc.
2.
If any content review is irrelevant to the Selling Member or the content and product sold by the Selling Member
3.
If other reviews are in violation of the relevant laws and regulations, the Terms of Use, and Operating Policies
4.
Article 24 (Advertisements)
(1) The Company may advertise products of Selling Members to promote products and sales. Also, if the Company requires the Selling Member’s cooperation for advertising, the Company may ask for cooperation.
(2) If an advertisement falls under any of the following subparagraphs, the Selling Member may request the Company to modify or delete the advertisement:
1.
If it contains unfair advertisements prohibited by Article 3 of the Act on Fair Labeling and Advertising
2.
If the content of an advertisement is irrelevant or inappropriate to the promotion of the content
(3) If the Selling Member requests modification of an advertisement, etc., the Company shall correct or delete such contents.
(4) If any damages are incurred to third parties, such as users, due to advertisements, the Company shall bear the responsibility. However, if the damage is caused by an advertisement produced with the information provided by the assignee or according to the instructions of the assignee, the Company may exercise the right to indemnify to the Selling Member.
Article 25 (Sales Promotion)
(1) The Company may organize events, etc., to promote sales of the content.
(2) If the Company requires the Selling Member’s cooperation with regard to hosting an event mentioned in the preceding paragraph, the Company may ask for cooperation.
(3) The Company and the Selling Member can temporarily adjust the commission rate after consultation so that the Selling Member can bear a part of the sales promotion fees for the event, etc., pursuant to paragraph (1).
(4) If the sales promotion fees are borne by the Selling Member pursuant to paragraph (3), the Company may agree in writing with the assignee on matters stipulated in the following subparagraphs:
1.
Name, characteristic, period of the event, etc.
2.
Types of content to sell at the event, etc.
Article 26 (Entrustment of Sales Service to Third Party)
(1) The Company shall sell the contents stipulated in the Terms of Use. However, upon the Selling Member’s consent, sales in whole or in part may be entrusted to a third party.
(2) In case of the proviso in paragraph (1), the Company shall deliver the following documents to the Selling Member before concluding an entrustment contract with a third party. However, if it cannot be delivered in advance due to reasons not attributable to the Company, it will be delivered without delay after the cause turns invalid.
1.
Name of the third party (in case of a corporation, the names of the business and the representative)
2.
Name and address of an online mall operated by a third party
3.
Matters concerning the distribution of sales commissions. However, it shall apply only to cases where the Selling Member bears additional sales commissions.
Article 27 (Exclusive Consignment Sale Contract)
(1) The Selling Member may conclude a content consignment sale with a third party other than the Company. However, under mutual agreement between the Selling Member and the Company, the Selling Member may conclude a contract prohibiting the signing of a consignment sale contract with a third party (hereinafter referred to as the "Exclusive Consignment Sale Contract").
(2) The Company shall not force the Selling Member to conclude an Exclusive Consignment sale Contract or disturb the signing of the contract with a third party.
(3) If the Selling Member has violated the Exclusive Consignment Sale Contract, the Company may take or request one or more measures stipulated in each of the following subparagraphs.
1.
Cancellation or termination of an Exclusive Consignment Sale Contract with a third party
2.
Cancellation or termination of the Terms of Use. However, except for the cases where the assignee refuses, the Company shall set a period of at least 15 days so that the Selling Member can terminate the consignment sale contract with a third party.
3.
For compensation for damages, this, however, does not apply for cases where an assignee proves that there is no assignee’s negligence or fault.
Article 28 (Restricted Use, etc.)
(1) If there is a justifiable reason to suspect that the Selling Member has violated the relevant laws and regulations, the Terms of Use, the Operating Policies, or the rights of others, or that there is such an illegal or unfair act, the Company may restrict the use of the Services (hereafter, all sorts of restrictions on the use of the Services set forth in this Article are referred to as "Use Restrictions") pursuant to the Terms of Use and the Operating Policies.
(2) Use Restrictions are categorized into restrictions on exposing inappropriate content and products, suspension of use for a set period with a warning, permanent suspension of use, and forced withdrawal. During the suspension period, registration of new content and sales of already registered products are restricted.
(3) If any reasons stipulated in the following subparagraphs have arisen to the Selling Member, the Company may take measures, such as Use Restrictions on the Selling Member, and determine the detailed standards and procedures based on the Operating Policies.
1.
An act of interfering with other people’s use of the Services or with the Company's business
2.
In case of repeated unfaithful responses such as delay in content publication, failing to provide guaranteed benefits, or non-response
3.
In case the Selling Member's use of the Services causes the entire service system to be overloaded
4.
In case the Selling Member's product sales and corresponding content provision are in violation of the relevant laws and regulations
5.
In case of violating other relevant laws and regulations, the Terms of Use, and Operating Policies
(4) In cases where the Company enforces the Use Restrictions on the Selling Member's use of the Services, unless stipulated in the Terms of Use, the Company shall take such measures first for unavoidable reasons, and later notify the Selling Member in the manner specified in Article 12.
(5) If the Company takes measures such as Use Restrictions, etc., pursuant to this Article, the Selling Member may request the withdrawal of the measure after resolving the cause, and the procedure shall be in conformance with the matters specified in the Terms of Use and the Operating Policies.
(6) The Selling Member shall compensate the Purchasing Member for any damages caused by the Use Restrictions (including the suspension of posting) pursuant to this Article.
Article 29 (Termination of Service Contract)
(1) The Selling Member may terminate the Service Contract by notifying the Company of the intention to terminate the Service Contract. In this case, the contract termination shall be effective as of the point when the intention of the Selling Member reaches the Company.
(2) The Selling Member shall delete all content and complete or cancel the product transactions before notifying the Company of the intention to terminate the Service Contract and shall be responsible for all legal liabilities and disadvantages arising from failure to do so.
(3) If the Selling Member has not completed or canceled all ongoing transactions, the Service Contract will be terminated when all measures for ongoing transactions are completed, and the Company may allow re-signing up of the Services to the Selling Member for a certain period of time.
(4) The Company may terminate the concluded Service Contract in compliance with Article 5 in cases of any of the reasons stipulated in the following subparagraphs:
1.
In case the Selling Member violates the relevant laws and regulations, the Terms of Use, and the Operating Policies and fails to correct it within 7 days after receiving a correction request from the Company
2.
In case the Selling Member is unable to perform the Service Contract due to the suspension of transactions of financial institutions, such as seizure and provisional seizure, the initiation of rehabilitation and bankruptcy procedures, administrative disposition, such as suspension and cancellation of business, preservation disposition for major assets, business transfer or merger, etc.
3.
In case the Company suffers tangible or intangible damage, including loss of reputation, due to the Selling Member having violated the relevant laws and regulations or due to reasons attributable to the Selling Member
4.
In case it is confirmed that there is a reason for the refusal of the consent described in Article 6 (2)
5.
In case the login account is transferred or ceded to another person
6.
In case the Service is terminated according to the decision by the Company’s management team
7.
In case it is necessary to terminate the Service Contract based on other reasons deemed justifiable by the Company
(5) If the Company terminates the Service Contract pursuant to this Article, the Company shall notify the Selling Member in the manner stipulated in Article 12. In such a case, the Company gives the Selling Member an opportunity to file an objection by setting a reasonable period before the termination of the Service Contract. However, if there is a reason prescribed in the Terms of Use, Operating Policies, etc., regarding the reasons set forth in paragraph (4) 1 and 2 of this Article, a period for objection may not be separately set.
If the Selling Member wishes to terminate the Service Contract pursuant to the Terms of Use, the request for membership withdrawal must be made by the Selling Member through WeBudding. If there are any ongoing transactions, inquiries, or civil complaints, or in case of suspension from use of the Service due to the Use Restrictions according to the Terms of Use, the withdrawal request may not be processed. In such a case, cancellation and termination of the Service Contract are available as stipulated in the Operating Policies once the Selling Member resolves the concerned issues.
(7) Notwithstanding the termination of the Service Contract, the Selling Member shall take necessary measures to perform the conditions of sale of products already sold until the time of termination and refund of products, and the clauses regarding the liability of the Selling Member with regard to the products already sold before the termination of the Service Contract shall remain in effect.
(8) The termination of the Service Contract pursuant to this Article does not affect the relationship of rights and duties between the Company and the Selling Member and the right to claim damages.
Article 30 (Confidentiality)
(1) Selling Members may not disclose not only information of Purchasing Members but also any information such as trade secrets of the Company acquired in the course of using the Services to outsiders and third parties without the prior consent of the Company or use it for purposes other than those stipulated in these Terms of Use.
(2) The obligations in the preceding paragraph shall remain effective even after the termination of the Service Contract.
Article 31 (Compensation for Damage)
If any damages are incurred to the other party, the Purchasing Member, or the other Selling Member due to reasons attributable to the Company or the Selling Member, the attributable party shall be liable for compensation.
Article 32 (Prohibition on Transfer)
(1) The Selling Member cannot transfer any rights and obligations under the Terms of Use to a third party or provide them for the purpose of provision of collateral without the prior written consent of the Company.
(2) The Company has the right to refuse the provision of Services if the Selling Member violates this Article, and may terminate the Service Contract.
Article 33 (Company Immunity)
(1) The Company only provides a transaction system for telemarketing sales between Purchasing Members and Selling Members and shall not be responsible for the product information registered by the Selling Member. In the event of a dispute between a purchasing member and a Selling Member regarding a product transaction, the Company shall not be involved in the dispute, and the Selling Member shall be responsible for all responsibilities resulting from the dispute. If a third party holds the Company accountable for civil or criminal liability regarding product transactions, the Selling Member shall actively cooperate to resolve the problem and shall compensate the Company for any damages incurred regarding this.
(2) Notwithstanding paragraph (1) of this Article, if there is a civil complaint or dispute arising between the Purchasing Member and the Selling Member or between the Selling Member and a third party, and if the Selling Member or the Purchasing Member requests the Company for mediation, the Company will make an intervention in the dispute for the mediation as an exception through the customer support center, and the Selling Member must respect the Company's decision as much as possible based on the principle of good faith.
(3) The Company may delete or modify the product information if the Company has received a request from the legitimate right holder, and in such a case, the Selling Member cannot hold the Company legally responsible such as compensation for damages.
(4) The Company may provide the Purchasing Member with a method to view the information of the Selling Member according to the relevant laws and regulations, and the Selling Member shall bear all responsibilities arising from having failed to enter the information or entering false information.
(5) The provision of Services may temporarily suspend the provision of the Services in the event of maintenance, replacement, and malfunction of telecommunication facilities, such as computers, network disconnection, etc. The Company is not responsible for such circumstances except for the cases due to Company’s intention or negligence.
(6) The Company shall not take responsibility for any damages caused by the Selling Member having provided or leaked personal data or login information to someone else except for the cases due to the Company's intention or negligence.
(7) The Company is not responsible for any damages caused by the Selling Member having failed to faithfully perform obligations such as checking amendments to other relevant laws and regulations, Terms of Use, and Operating Policies, and notices and notifications for the Selling Member, except for the cases due to the Company's intention or negligence.
(8) The Company's approval of the Selling Member's application for signing up for the Services does not necessarily mean that the Company has confirmed there's no violation of the relevant laws and regulations regarding the Selling Member's product sales, and the Company shall not be responsible for the Selling Member's violation of laws and regulations.
Article 34 (Settlement of Disputes)
If any disputes between the Company and the Selling Member arise, they shall be resolved in accordance with the Civil Procedure Act in the competent court in observance of the law of the Republic of Korea as the governing law.
Addendum
(1) The Terms of Use shall take effect from December 4, 2022.
(2) The previous version of the terms of use which had been implemented since August 10, 2021, shall be replaced with these Terms of Use.