Terms and Conditions
The global leader of OMR software technology, omrscan!
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Chapter 1. General Terms
Article 1 Purpose
The purpose of these Terms and Conditions is to stipulate the general conditions and procedures related to using the online services provided by OMRSCANNER Co., Ltd. (hereinafter referred to as the "Mall").
Article 2 Validation of Terms and Conditions and Modification
1. The contents of these Terms and Conditions become effective when they are posted on the service screen or provided to members using other means.
2. The Mall may revise the Terms and Conditions if necessary and the revised Terms and Conditions will be posted on the service screen from 7 days in prior to validation in the same manner as subsection 1 above.
3. When revising the Terms and Conditions, the revisions are applied to the agreements signed after the application and the previous Terms and Conditions are applied to the agreements signed in prior to the revisions. For the convenience of giving consent, any existing member will be governed by the revised Terms and Conditions if they do not object to the notice in subsection 2 as it is deemed that they have given consent to subsection 1.
Article 3 Other Governing Regulations
Any issues not stipulated herein shall follow the government’s Basic Electrical Communication Act, Electrical Communication Business Act, Information Communication Network Promotion and Information Protection Act, and other related laws and regulations.
Article 4 Definitions of Terms
The following terms are used in these Terms and Conditions and they are defined as follows:
1. Members: Anyone who has signed an agreement to use the Mall and its services.
2. Non-members: Anyone who uses services without signing an agreement with the Mall.
3. ID: The combination of letters and numbers which members choose for identification and use of services and submit for the Mall’s approval.
4. Password: The combination of letters and numbers which members choose to protect their online secrecy.
5. Withdrawal: The Mall’s or member’s intention to terminate the service agreement after using the services.
Chapter 2: Service Agreement
Article 1 Conclusion of User Agreement
1. When subscribing for membership, it is deemed that a subscriber has given consent to the Terms and Conditions when he/she reads them and presses "I agree." The Mall takes its choice of verification procedures before approving the subscription.
2. Any user under 14 years of age shall provide the consent of a legal guardian under special laws and regulations, before providing membership information to the Mall.
3. User Agreement is concluded when service subscriber gives consent to the Terms and Conditions and provides membership information on the Mall’s online membership subscription form to request service and the Mall approves the subscription.
Article 2 Limitations to Subscription
1. The Mall may refuse registration or modify or delete membership information without notice in case of the following applications:
1) If a subscriber has lost qualification as a member before;
2) If there are fraudulent, missing, or incorrect information or an application has been submitted with an applicant’s real name;
3) If a subscriber has submitted an application to disturb the social order or good customs;
4) If a subscriber has been registered as a delinquent borrower under the Credit Information Use and Protection Act;
5) If it is impossible to grant approval due to other faults of a subscriber.
2. The Mall may not give approval to subscription until the following reasons are resolved:
1) If the Mall’s facilities have no extra room;
2) If the Mall has technical issues;
3) In any other cases deemed necessary by the Mall.
3. The Mall shall notify subscribers if application is rejected or approval is limited.
Article 3 Updating Membership Information
1. Members shall update the information online if there are any changes to the information or request the administrator to make updates. Members are responsible for any problems that rise due to information that has not been updated on a timely manner.
2. If the Mall cannot send emails to the email address provided by a member or additional fees apply to sending emails, the Mall may require a member to change the email address.
Article 4 Sharing Member Information
1. Member information can be shared if the Mall makes partnerships with, acquires, separates from, or merges with other companies for better services.
2. In case of events that provide various gifts, winners’ membership information may be shared based on agreements with the sponsors of gifts.
3. In case of subsections 1 and 2, the Mall shall notify members of information sharing.
Article 5 Providing Information
The Mall may provide information to members via email, mail, or text messaging services in regards to its services, various events or information services.
Article 6 Personal Information Protection
1. The Mall’s personal information protection policy complies with the Information Communication Network Promotion and Information Protection Act.
2. Personal information collected by the Mall shall be minimal for the provision of service, but more information may be demanded when necessary.
3. Personal information will not be used for any purposes besides internal control, statistics, and Chapter 2, Article 4 and will not be randomly disclosed or shared without users’ consent.
Please note that the Mall has no obligation to protect the personal information collected by the Websites that are linked to the Mall.
Chapter 3 Providing and Using Services
Article 1 Service Use and Termination
1. Service use shall be available 24/7 unless there are special impacts to the Mall’s business or technical capacities. If the Mall deems it is necessary for service improvement, e.g., regular maintenance, it may suspend service temporarily with a prior notice.
2. The Mall may suspend service in any of the following cases:
1) If inevitable for the repair of facilities, etc.;
2) If the communications service provider assigned by the Electrical Communication Business Act stops the electrical communication services;
3) If there are other reasons why the Mall cannot provide service.
Article 2 Posting Advertisements
1. The Mall may post advertisement on the service screen, Homepage, or email in relation to the operation of services.
2. The Mall is not responsible for any losses resulting from members’ participation in the promotion activities of or transactions with the advertisers who have posted advertisements on its services.
Article 3 Deletion of File Information and Member Authorities
1. The Mall may delete members’ information or profile if deemed necessary as there is no extra room in the facilities operated for services.
2. The Mall may, without prior notice, search the information or profile of members who cause problems in regards to the operation or security of services.
3. In case of subsection 1, the Mall shall notify members in advance via service platform or email.
Chapter 4 Limited Use of Services and User Agreement
Article 1 Limited Use of Services
1. Members shall not be subject to any of the following when using services as the Mall may limit the use of services:
1) If using other members’ ID fraudulently;
2) If using the services for criminal acts or engaging in other acts related to crimes;
3) If disturbing good customs or social order;
4) If compromising others’ reputations or insulting others;
5) If infringing the intellectual property rights or other rights of others;
6) If hacking or disseminating computer viruses;
7) If transmitting advertising information or certain information continuously against others’ will;
8) Any act that will or may affect stable operation of services;
9) Other acts that violate the related laws and regulations.
Article 2 Cancellation of Agreement
1. If a member wants to cancel the User Agreement, the Mall shall be notified via service platform or email by 1 day before the day of cancellation (or 2 days before if it is a legal holiday).
2. The Mall may cancel the User Agreement if a member violates Chapter 4, Article 1 and fails to make corrections within the given grace period.
3. The Mall may limit the approval if a member who is cancelled due to subsection 2 and applies for membership again.
Chapter 5 Obligations of Each Party
Article 1 Obligations of Members
1. Each member has the responsibility to manage member ID and password and cannot assign or lend them to others without the Mall’s prior approval.
2. Members shall report to the Mall immediately in case their member ID and password are used without their approval and make sure that they log out completely each time they log in.
3. Members shall provide and maintain information that is truthful, accurate, and currently factual in regards to the information required on the subscription form.
4. Members cannot use services for commercial purposes without prior approval.
5. Members shall comply with the provisions in these Terms and Conditions and the related laws and regulations.
Article 2 Obligations of the Mall
1. The Mall shall grant access to its services on the date requested by members under these Terms and Conditions, except for the cases listed in Chapter 3, Articles 1 and 2.
2. The Mall has the obligation to provide continually and stably under these Terms and Conditions.
The Mall will not be responsible for it if members’ personal information is lost due to inevitable causes.
3. The Mall will not leak or disseminate members’ personal information without their consent.
However, the following cases are exceptions:
1) If demanded by a national office under the related laws and regulations, e.g., the Basic Electrical Communications Act;
2) If needed for criminal investigations or requested by the Information Communications Ethics Committee;
3) If requested under the procedures stipulated by other related laws and regulations;
4. The Mall shall immediately process requests if any opinion or complaint of a member is deemed valid. If it cannot be processed immediately, a member shall be notified of the reason of delay and the processing schedule.
Article 3 Deletion of Postings or Information
1. Members have all rights and responsibilities, including copyrights, for the postings they post, and the Mall has the right to post them on the service platform.
2. The Mall is not responsible for the accuracy and credibility of information which users post on the service platform.
3. The Mall may delete it without prior notice or consent if any postings or information on the service violate the provisions on Chapter 4, Article 1 or exceed the designated posting time.
Chapter 6 Payments (Shipping/Cancellations/Refunds)
Article 1 Supply of Goods
1. The Mall shall take the actions necessary to pack and fulfill shipments to ship the goods within 30 days of order, unless otherwise agreed upon with the user in regards to the supply of goods. The Mall shall take appropriate actions for users to check the process and progress of supply of goods. In case of additional requirements, including customizing, user and the Mall shall mutually discuss the time of supply.
2. The Mall shall clarify the means of shipping, payer of shipping cost, and shipping time for the goods purchased by users.
Article 2 Refunds
1. If the goods purchased by users are out of stock and cannot be delivered or supplied, the Mall shall immediately notify users and provide refunds or take the necessary actions to provide refunds within 3 business days if a payment has already been received.
2. The ‘Cash’ purchased by users may be returned. The Mall pays a refund after deducting up to 10% of the remaining ‘Cash’ or a certain amount as additional cost or fees. No refund will be provided if the remaining amount is smaller than the amount of deduction or fees.
Also, refunds may be limited if the User Agreement is terminated due to a user’s fault, including violation of current laws and regulations or the Terms and Conditions.
All refunds are paid in the initial means of payment within 10 business days from the day user provided the information and documents necessary for the refunds. If refunds cannot be given by the same means, the Company may notify members to provide refunds using other means.
Article 3 Withdrawal from Agreement, etc.
1. Users who sign purchase agreements with the Mall may withdraw from the agreement within 3 days receiving the confirmation of receipt. However, withdrawal is impossible in case of the following reasons.
2. Returns or exchanges are not accepted if users are subject to any of the following after receiving the goods:
1) If goods are lost or damaged due to a user’s fault (unless the packaging has been damaged to check the goods);
2) If the value of goods has been reduced significantly due to user’s use or partial consumption;
3) If the value of goods has been reduced to a degree where resale is impossible by elapse of time;
4) If the package of original goods has been damaged when it is possible to reproduce the goods with the original for the same level of performance.
3. Returns and exchanges may be accepted after receipt of goods in any of the following cases:
1) If the goods are different from the information on the label/advertising;
2) If the contents of goods are different from what is described on the agreement:
-Agreement may be annulled within three days from the day of supply or within a week from the day the fact of discrepancies was or could be realized.
4. If a user wishes to cancel a purchase of goods due to simple a change of mind, cancellation is available if user pays the cost of shipping both ways.
Article 4 Effect of Withdrawal from Agreement
1. The Mall shall return the payment within 3 business days from receiving the return shipment from the user.
2. The Mall shall immediately request the provider of means of payment to stop or cancel the payment if a user has used a credit card or e-bill to make the payment.
3. Users are responsible for the cost of return in case of withdrawal from agreement. If an agreement is cancelled as the goods are different from the label or advertising or from the agreement, the Mall shall be responsible for the cost of return.
4. If a user has paid the cost of shipping to receive the goods, the Mall shall clarify who is responsible for the cost in case of withdrawal from agreement.
Chapter 7 Compensations and Indemnities
Article 1 Compensations
The Mall is not responsible for any losses that occur without the Mall’s deliberate or major losses in regards to the use of services.
Article 2 Indemnities
1. The Mall is not responsible for the losses that occur while using its services when there is no fault on its part.
2. The Mall is indemnified from liabilities if services cannot be provided due to a reason specified in the Terms and Conditions.
3. The Mall is not responsible for any problems with the use of service caused by a member’s fault.
4. The Mall is not responsible for the credibility and accuracy of information, resources, or facts which members post on the service.
5. Members are responsible for any losses or fraudulent use by third parties caused by poor management or use of member ID and password.
6. If a member violates Chapter 4, Article 1 or other provisions of the Terms and Conditions and the Mall is held liable for any compensations to a member of a third party, the member who violates the Terms and Conditions shall be responsible for the compensations and indemnify the Mall from the liabilities.
Chapter 8 Miscellaneous
Article 1 Changes to the Terms and Conditions
The Mall must notify members of any changes to the Terms and Conditions for at least a week through the Homepage
Article 2 Resolution of Disputes
1. The Mall and its members shall take all necessary measures to resolve any disputes related to the services.
2. Notwithstanding subsection 1, if a lawsuit is filed due to the disputes, the lawsuit shall be filed with the court in the jurisdiction of the Mall’s head office.
Addendums
Effect Date: The Terms and Conditions are effective from August 1, 2011.
Effect Date: The Terms and Conditions are effective from September 1, 2015.