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Terms of Service

  

Article 1 (Purpose)

These terms and conditions set forth the terms of rights, obligations, and liabilities between Hummingon Inc.(hereinafter referred to as the “Company”) and “Users” regarding the usage of the “Services” provided by the company.

 

Article 2 (Definitions)

The definitions used herein are as follows.

   “Service” is defined as the service and related additional services provided by the “Company” to the “User” to connect a person with legitimate authority to use a space for the purpose of storing luggage and a person who shall store the luggage for a set period of time.

   “Website etc.” is defined as the methods of providing services through various wired and wireless devices including PCs, TVs, mobile devices etc., to allow the “Company” to provide the “Service” to the “User”.

   “Service Agreement” is defined as the contract entered between the “Company” and the “User” related to the usage of the “Service” provided by the “Company”.

   “User” is defined as the “Members” and “Non-members” who receive the “Service” provided by the “Company” following these terms and conditions.

   “Member” is defined as a person who has entered into a service agreement with the “Company” and is classified as follows.

1. “Customer” Member : A person who has entered into a service agreement following the customer service agreement in addition to these terms and conditions, and one who has stored luggage with a “Host” through a “Website etc.” provided by the “Company”.

2. “Host” Member : A person who has entered into a service agreement following the host service agreement in addition to these terms and conditions, and one who stores luggage of a “User”

through a “Website etc.” provided by the “Company”.

   “Non-member” is defined as a person who uses the “Service” provided by the “Company” without joining as a member.

   “ID” is defined as the combination of characters and numbers that the “User” determines, and the “Company” approves to be used to identify the “Member” and for usage of the “Service”.

   “Password” is defined as the combination of characters and numbers determined by “Member” for the purpose of confirming that the “Member” is the “Member” corresponding to the given “ID” and for secret protection.

   “Posting” is defined as the text, images, video, various files, and links etc. in the form of information such as symbols, characters, audio, sounds, images, videos etc. that the “Member” posted “On the service” while using the “Service”.

 

Article 3 (Explanation and Modification of the Terms and Conditions)

   The “Company” shall post these terms and conditions on the initial service screen(first page) of the “Website etc.” in addition to the Company name, representative name, operating location address(including the address of the location where the “User” can file complaints), phone number/e-mail address, corporate registration number, personal information protection supervisor etc. so that the “User” can easily find them. However, the contents of the terms and conditions can be seen by the “user” through a linked page.

   The “Company” may amend the Terms and Conditions to an extent not violating relevant legislations such as the ‘Act on the Regulation of Terms and Conditions’, the ‘Act on Promotion of Utilization of Information and Communications Network’ , etc.

   In the case that the “Company” amends the Terms and Conditions, it shall provide a notice specifying applicable date and amendments together with the current Terms and Conditions via electronic mail to “Members” who have registered their e-mail address. Provided that if such amendment is disadvantageous to the “Member”, it should be notified by electronic mail giving a minimum of 15 days prior notice. In this case, the “Company” shall clearly compare the contents before and after amendment so that it is easy for the “Member” to understand.

   Despite the clear announcement or notification on the amended terms and conditions by the “Company” following the previous paragraph that clearly announces and notifies the “Member” that it is deemed an expression of intention unless the “Member” shows rejecting intention during the 15 day period, if the “Member” does not clearly show rejecting intention, it is interpreted as agreeing to the amended terms and conditions.

   In the event that the “Member” disagrees with the application of the amended terms and conditions, the “Company” cannot apply the amended terms and conditions, and the “Member” is allowed to cancel the service agreement. Provided that if there are special reasons not warranting the application of existing terms and conditions, the “Company” may cancel the service agreement or apply the existing terms and conditions.

 

Article 4 (Interpretation of the terms and conditions)

   The “Company” may have separate terms and conditions & policies (Hereinafter referred to as “Other Terms and Conditions etc.”) for pay services or individual services, and if the relevant contents are contrary to these terms and conditions, the “Other Terms and Conditions etc.” shall prevail.

   The “Company” may have English versions of these terms and conditions and “Other Terms and Conditions etc.”, and if there is a discrepancy in the interpretation between the Korean version and the English version, the Korean version shall prevail.

   As to the matters or interpretation not specified in these terms and conditions, they shall follow the ‘Act on the Regulation of Terms and Conditions’, consumer protection policies and related legislation of the government, or common commercial practices.

 

Article 5 (Entering into the Service Agreement)

   The Service Agreement is entered into when a person who wishes to become a “Member”(hereinafter referred to as the “Applicant”) agrees to the contents of the agreement and applies to be registered as a member, and when the “Company” approves such application.

   As a rule, the “Company” shall approve applications by “Applicants” for usage of the “Service”; provided that the “Company” may not approve applications that are applicable to the following or may terminate service agreements thereinafter.

1. In the case the Applicant has previously experienced membership disqualification under these terms and services, provided that an exception may be made when the “Company” has approved

re-application of the member.

2. In the case a false name or the name of another person has been used

3. In the case false information was provided, or in the case compulsory information requested by the “Company” has not been provided

4. In the case a child under the age of 14 has not received approval from their legal guardian(parents etc.)

5. In the case approval is not possible due to reasons attributable to the user, or in the case an application was made in breach of other conditions or regulations

For applications according to paragraph 1, the “Company” may request real name verification and identity verification through a specialized agency based on the type of “Member”.

The “Company” may defer approval in the service related equipment or facilities are not sufficient, or in cases there are technical or operational difficulties.

In the case membership applications are not approved or deferred pursuant to paragraph 2 and paragraph 4, the “Company” in principle will inform the membership applicant.

   The formation timing of the service agreement shall be from the time when the “Applicant” has completed the membership application procedure, is identified as a member on the “Website etc.” of the “Company”, and the “Applicant” can use the “Member” services.

   The “Company” may subdivide the “Member” into levels based on utilization hours, utilization times, service menu etc., according to company policy.

   The “Company” may limit Service use or place restrictions by level on “Members” to comply with ratings and age restrictions according to the ‘Promotion of the Motion Picture and Video Products Act’ & ‘Juvenile Protection Act’ etc.

 

Article 6 (Modification of Member Information)

   The “Member” may inspect and modify personal information at any time through the personal information management page; provided that actual names and IDs etc. required for service management may be modified.

   In the case the information provided at the time of member application has changed, the “Member” shall inform the “Company” on the changes by modifying the information on-line or by other methods such as electronic mail.

   The “Company” shall not be liable for any damages that may occur by not informing the “Company” of the changes from paragraph 2.


Article 7 (Privacy Obligation)

The “Company” shall endeavor to protect the personal information of the “Member” according to the relevant legislations including the ‘Act on Promotion of Utilization of Information and Communications Network’ etc. The personal information protection policy of the “Company” and

relevant legislation applies with respect to the protection and usage of personal information, provided that the personal information protection policy of the “Company” will not be applicable to any websites linked from websites operated by the “Company”.

 

Article 8 (Obligation of the “Member” regarding management of their “ID” and “Password”)

   The responsibility for management of the “ID” and “Password” of the “Member” is with the member, and they shall not allow a 3rd party to use them.

   In the case of concerns of leakage of personal information by the “ID” of a “Member”, or in the case it is antisocial or harms traditional customers, or there is the concern that it may be mistaken for the “Company” or an operator of the “Company”, the usage of the “ID” may be restricted.

   In the case the “Member” aware that their “ID” and “Password” has been illegally used or that it is being used by a 3rd party, they shall immediately inform the “Company” and follow the instructions of the “Company”.

   In the case of paragraph 3, the “Company” shall not be liable for any damages arising from the “Member” not informing the “Company” of that fact, or arising from not following the instructions of the “Company” even in the case they have made such notification.

 

Article 9 (Notice to the “Member”)

   The “Company” may provide a notice to the “Member” via e-mail address, electronic message etc. within the service unless specified in these terms and conditions.

   For a notice to all “Members”, displaying the notice over 7 days on the “Company” bulletin board may act in place of a notice pursuant to the preceding paragraph 1.

 

Article 10 (Obligations of the “Company”)

   The “Company” should not act in a way that is prohibited by the relevant legislations & these terms and conditions or that harms traditional customs, and shall endeavor to provide consistent stable services.

   The “Company” shall establish a security system to protect personal information(including financial information) so that the “Member” may use the “Services” safety, and make a public notification regarding its personal information protection policy and comply with it accordingly.

   In the case the “Company” determines that the opinions or complaints filed by the “Member” is justifiable, they must process these opinions or complaints. The handling process and results regarding the opinions or complaints filed by the “Member” shall be delivered to the “Member” through the bulletin board or by electronic mail etc.


Article 11 (Obligation of the “Member”)

The “Member” shall not engage in the following activities.

1. Submitting false information during application or modification

2. Usage of another person’s information without permission

3. Modification of information posted by the “Company”

4. Transmission or posting of information(computer programs etc.) other than the information specified by the “Company

5. Violations of copyrights or intellectual property rights of the “Company” or other 3rd parties

6. Activities that damage the honor or interfere with the operations of the “Company” or other 3rd parties

7. Activities that disclose or post information on the “Service” which includes violent messages, images, audio, or other information that harms public order & traditional customs

8. Activities that use the “Service” for commercial uses without the approval of the “Company”

9. Other illegal or unlawful activities

 

Article 12 (Provision of the “Service” etc.)

The “Company” can provide the following services to the “Customer” member.

1. Luggage storage location search/reservation/prior payment and on-site payment services

2. Search and information provision of local tourist attractions

3. Sharing and review services for information provision between users

4. All services provided to the “Member” additionally developed by the “Company” or through partnership agreements with other companies

The “Company” can provide the following services to the “Host” member.

1. Separate functions and services for the host to simplify the luggage storage/retrieval process

2. Dashboard provision and statistical services including visited customers, monthly profit etc.

3. Realtime management services on host store information

4. All services provided to the “Member” additionally developed by the “Company” or through partnership agreements with other companies

The Company may subdivide the “Service” to certain ranges and set separate usage times for each range; provided this information is announced beforehand.

   In principle, the “Service” shall be provided year round, 24 hours per day.

   The “Company” may temporarily suspend the provision of the “Service” if justifiable reasons exist such as repair maintenance, replacement & breaking down of information communications equipment, loss of communication or considerable reasons in terms of operation. In this case the “Company” shall inform the “Member” using the methods prescribed pursuant to article 9[Notice to the “Member”]. Provided that the can notify after the fact is unavoidable circumstances prevents advance notice.

   The “Company” may conduct routine maintenance if required for the provision of services, and the routine maintenance time shall follow announcements shown on the service provision screen.

 

Article 13 (Modification of the “Service”)

   In the event that the “Company” has justifiable reasons, it may modify a part or whole of the Service provided depending on operational/technical necessities.

   In the event that contents, usage method, usage hours related to the “Service” are changed, information including reasons for the change, the contents of the services to change, and commencing date etc. shall be posted on the initial screen of the relevant service prior to the change.

   The “Company” may modify, suspend, change a part or whole of the free of charge services as required by the policies and operational needs of the company, and is not liable to compensate the “Member” unless otherwise specified in the relevant legislations.

 

Article 14 (Provision of Information and Advertisement Display)

   The “Company” may provide the “Member” with various information that is acknowledged to be required during “Service” usage by the “Member” through methods such as announcements or electronic mail etc. Provided that the “Member” is allowed to reject receipt of information via electronic mail at anytime except for transaction related information or customer enquiries according to relevant legislation.

   In the case the information in paragraph 1 is transmitted via telephone or fax, prior consent should be obtained from the “Member” before transmission. Provided that, transaction related information or replies to customer enquiries etc. of the “Member” are excluded

   In relation to the operation of the “Service”, the “Company” may display advertisements on the service screen, homepage, electronic mail etc. A “Member” who has received an electronic mail with an advertisement displayed may express their intention to reject such receipt to the “Company”.

   The “User(including Members and Non-Members)” shall not take action to change, modify, limit etc. postings or other information related to the “Service” provided by the “Company”.

 

Article 15 (Ownership rights and usage restrictions)

   Copyrights and intellectual property rights regarding the “Service” shall remain with the “Company”. Provided that “Postings” by “Members” and copyrighted material provided following partnership contracts etc. are excluded.

   The “User” shall not duplicate, transmit, publish, distribute, broadcast any information where the intellectual property rights for the information remain with the “Company” acquired by using the “Service” for other uses or for use by a 3rd party without the prior approval of the “Company”.

   In relation to the “Service”, the “Company” only provides usage rights to the “Member” to use the account, “ID”, contents, “Points” etc. pursuant to the usage conditions set by the “Company”, and the “Member” cannot participate in disposal activities including transfer, sell, provision of collateral etc.

   The contents that the “User” posts on the “Service” may be exposed for search results or promotions related to the “Service” etc., and they may be posted with some modifications, duplications, editing within the required range for such exposure. In this event, the “Company” shall follow copyright law regulations, and the “User” can at any time take action to delete, exclude from search results, make private the relevant posting through the customer center or the management function within the “Service”.

   In the event the “Company” wishes to use the contents of the “User” in a way other than paragraph 4, it must receive prior approval from the “User” through phone, fax, electronic mail etc.

 

Article 16 (Management and exemptions of “Posting”)

   In the event the “Posting” of the “User” contains content in violation of relevant legislation such as the ‘Act on Promotion of Utilization of Information and Communications Network’ and ‘Copyright Act’ etc., the right holder may request desisting of posting or deletion following the procedure set by relevant legislation, and the “Company” must take measures in accordance to relevant legislation.

   Even in the case where the request of the right holder pursuant to the previous paragraph was not made, the “Company” may take temporary action etc. regarding the relevant “Posting” in accordance to relevant legislation in the event there is grounds to acknowledge violation of rights, company policy, or relevant legislation.

   The “Company” shall be exempt from liability regarding civil and criminal responsibility due “Postings” created by a member in violation of the Copyright act, Act on the Information and Communications Network etc..


Article 17 (Cancellation, termination of agreement)

   The “Member” may at any time request cancellation of the agreement from the “Company”, and the “Company” shall immediately process this immediately pursuant to related legislation.

   In the event the “Member” terminates the agreement, the “Company” shall immediately delete all data on the “Member” upon termination excluding the case where the company holds the member information pursuant to related legislation and the personal information protection policy.

   In principle, even if the “Member” terminates the agreement, the “Postings” created by the “Member” are not deleted. Provided that the “Member” may request the deletion of their “Postings” to the “Company” during agreement termination, and the “Company” must accept the above request unless there are special circumstances such as linkage with the “Posting” of another “Member” or usage in events or advertisements of the “Company” etc.

 

Article 18 (Usage restrictions etc.)

   In the event the “Member” has violated the obligations of these terms and conditions, or disrupt the normal operation of the “Service”, the “Company” may impose restrictions in stages on the usage of the “Service” including warnings, temporary suspension, permanent suspension etc..

   Despite the previous paragraph, in the event of any of the following reasons, the “Company” may immediately impose permanent suspension. In the event of permanent suspension in accordance to this paragraph, all benefits etc. gained through the usage of the “Service” shall be made void, and the “Company” shall not provide separate compensation in relation to this.

1. Identity theft or payment theft violating the ‘Citizen Registration Act’,

2. Provision of illegal programs and disruption of operations violating the ‘Copyright Act’ and the ‘Computer Program Protection Act’

3.Illegal communication, hacking, distribution of malware, activities ‘Act on Promotion of Utilization of Information and Communications Network‘

4. In the event of violation of other related legislation

In the event the “Member” has not logged in for over 6 months, the “Company” may limit “Service” usage to protect member information and for efficiency of operation. In the event of usage restriction or agreement termination in accordance with this article,  notification shall be made pursuant to article 9 [Notice to the “Member”].

The “Member” may file a formal objection regarding usage restrictions in accordance with this article through the procedure determined by the “Company”. In the event the “Company” acknowledges that the objection is valid, the “Company” shall immediately resume the usage of the “Service”.

  The “Company” may have a usage restriction policy or operation policy for individual services in order to establish the conditions for restrictions and details within the range of usage restriction in

this article.

 

Article 19 (Limitation of Liability)

   The “Company” may suspend its “Service” in the event that “Service” provision is not possible based on natural disaster or force majeure equivalent thereto. In that regard, it shall not be liable for such suspension.

   The “Company” shall not be liable for any disruptions to “Service” use due to a material fault of the “Member”.

  The “Company” shall not be liable for any contents in terms of information, material, trustworthiness, accuracy etc. that are posted relating to the “Service” by the “Member”.

   The “Company” shall not be liable for transactions etc. that occur between “Members” or between a “Member” and a 3rd party, using the “Service” as a medium.

   The “Company” shall not be liable to the “Member” regarding any free of charge services unless otherwise specifically stipulated in relevant legislations.

 

Article 20 (Dispute resolution)

   The “Company” shall handle with priority the complaints and opinions submitted by “Users”. Provided, in the case that quick processing is difficult, the reasons for the delay and the schedule for processing shall immediately notified to the “User”.

   Proceeding related the disputes that occur between the “Company” and the “User” shall follow the exclusive jurisdiction and venue of the competent court according to the Civil Procedure Act.

   In the case of “User” who have an address in or located overseas, proceedings related to disputes that occur between the “Company” and the “User” shall fall under the jurisdiction of the Seoul Central District Court in Korea notwithstanding the previous paragraph.