Article 1 (Purpose)
These Terms and Conditions aim to define the rights, obligations, and responsibilities between the cyber mall and users regarding the use of Internet-related services (hereinafter "Services") provided by Korea Patent Mall www.ipmall.co.kr (hereinafter "Mall") operated by Intellectual Bridge Co., Ltd. (hereinafter "Company").
※ These Terms and Conditions shall also apply to electronic commerce using PC communications, wireless communications, etc., unless contrary to their nature.
Article 2 (Definitions)
① "Mall" refers to a virtual business place established by the Company using information and communication facilities such as computers to enable users to trade goods or services (hereinafter "Goods, etc."), and is also used to mean the business operator operating the cyber mall.
② "User" refers to members and non-members who access the "Mall" and receive services provided by the "Mall" in accordance with these Terms and Conditions.
③ "Member" refers to a person who has registered as a member of the "Mall" and can continuously use the services provided by the "Mall".
④ "Non-member" refers to a person who uses the services provided by the "Mall" without joining as a member.
Article 3 (Specification, Explanation and Amendment of Terms and Conditions)
① The "Mall" shall post the contents of these Terms and Conditions, company name and representative's name, business address (including the address where consumer complaints can be handled), telephone number, fax number, email address, business registration number, telecommunication sales business report number, and personal information manager on the initial service screen (front page) of the "Mall" so that users can easily understand them. However, the contents of the Terms and Conditions may be made available for users to view through a connection screen.
② Before users agree to the Terms and Conditions, the "Mall" must provide separate connection screens or pop-up screens to help users understand important contents such as withdrawal of subscription, delivery responsibility, and refund conditions among the contents stipulated in the Terms and Conditions, and seek user confirmation.
③ The "Mall" may amend these Terms and Conditions within the scope that does not violate related laws such as the Consumer Protection Act in Electronic Commerce, Regulation of Terms and Conditions Act, Framework Act on Electronic Documents and Electronic Transactions, Electronic Financial Transactions Act, Digital Signature Act, Act on Promotion of Information and Communications Network Utilization and Information Protection, Door-to-Door Sales Act, and Framework Act on Consumers.
④ When the "Mall" amends the Terms and Conditions, it shall specify the application date and reasons for amendment and announce them on the initial screen of the mall together with the current Terms and Conditions from 7 days before the application date to the day before the application date. However, when changing the contents of the Terms and Conditions unfavorably to users, it shall announce them with a prior grace period of at least 30 days. In this case, the "Mall" shall clearly compare the contents before and after amendment and display them so that users can easily understand them.
⑤ When the "Mall" amends the Terms and Conditions, the amended Terms and Conditions shall apply only to contracts concluded after the application date, and the Terms and Conditions before amendment shall continue to apply to contracts already concluded before that. However, if a user who has already concluded a contract sends their intention to be subject to the amended Terms and Conditions to the "Mall" within the announcement period of the amended Terms and Conditions under Paragraph 3 and receives the "Mall's" consent, the amended Terms and Conditions shall apply.
⑥ Matters not stipulated in these Terms and Conditions and interpretation of these Terms and Conditions shall be governed by the Consumer Protection Act in Electronic Commerce, Regulation of Terms and Conditions Act, consumer protection guidelines in electronic commerce established by the Fair Trade Commission, and related laws or commercial practices.
Article 4 (Provision and Modification of Services)
① The "Mall" performs the following tasks:
1. Provision of information on goods or services and conclusion of purchase contracts
2. Delivery of goods or services for which purchase contracts have been concluded
3. Other tasks determined by the "Mall"
② The "Mall" may change the contents of goods or services to be provided by future contracts in case of out-of-stock or changes in technical specifications of goods or services. In this case, the changed contents of goods or services and the provision date shall be specified and immediately announced where the current contents of goods or services are posted.
③ When the "Mall" changes the contents of services contracted with users due to reasons such as out-of-stock or changes in technical specifications, the "Mall" shall immediately notify the user at an address where notification is possible.
④ In the case of the preceding paragraph, the "Mall" shall compensate users for damages incurred thereby. However, this shall not apply when the "Mall" proves that there was no intention or negligence.
Article 5 (Suspension of Services)
① The "Mall" may temporarily suspend the provision of services in case of maintenance, replacement and breakdown of information and communication facilities such as computers, or interruption of communications.
② The "Mall" shall compensate for damages incurred by users or third parties due to temporary suspension of service provision for the reasons in Paragraph 1. However, this shall not apply when the "Mall" proves that there was no intention or negligence.
③ When services cannot be provided due to business conversion, business abandonment, merger between companies, etc., the "Mall" shall notify users in the manner prescribed in Article 8 and compensate consumers according to the conditions originally presented by the "Mall". However, when the "Mall" does not announce compensation standards, it shall pay users' mileage or accumulated points to users in kind or cash equivalent to the monetary value used in the "Mall".
Article 6 (Membership Registration)
① Users apply for membership registration by filling in member information according to the registration form determined by the "Mall" and expressing their intention to agree to these Terms and Conditions.
② The "Mall" shall register as members those users who apply to join as members as in Paragraph 1, unless they fall under any of the following:
1. When the applicant has previously lost membership qualification under Article 7, Paragraph 3 of these Terms and Conditions, except when 3 years have passed since the loss of membership qualification under Article 7, Paragraph 3 and the "Mall's" consent for re-registration has been obtained
2. When there are false information, omissions, or errors in the registration contents
3. When it is judged that registering as a member would significantly interfere with the "Mall's" technology
③ The time of establishment of the membership registration contract shall be when the "Mall's" acceptance reaches the member.
④ When there are changes in the matters registered at the time of membership registration, members must notify the "Mall" of such changes within a reasonable period by means such as modifying member information.
Article 7 (Member Withdrawal and Loss of Qualification)
① Members may request withdrawal from the "Mall" at any time, and the "Mall" shall immediately process the member withdrawal.
② When a member falls under any of the following reasons, the "Mall" may restrict and suspend membership qualification:
1. When false contents are registered at the time of application
2. When members fail to pay by the due date the price of goods purchased using the "Mall" and other debts borne by members in relation to using the "Mall"
3. When threatening the electronic commerce order by interfering with others' use of the "Mall" or stealing their information
4. When using the "Mall" to engage in acts prohibited by laws or these Terms and Conditions or contrary to public order and morals
③ After the "Mall" restricts or suspends membership qualification, if the same act is repeated twice or more or the reason is not corrected within 30 days, the "Mall" may cause the loss of membership qualification.
④ When the "Mall" causes loss of membership qualification, it shall cancel the member registration. In this case, it shall notify the member and provide at least 30 days for explanation before canceling the member registration.
Article 8 (Notice to Members)
① When the "Mall" gives notice to members, it may do so to the email address designated in advance by agreement between the member and the "Mall".
② For notices to unspecified multiple members, the "Mall" may substitute for individual notice by posting on the "Mall" bulletin board for more than one week. However, individual notice shall be given for matters that significantly affect the member's own transactions.
Article 9 (Purchase Application and Consent to Provide Personal Information)
① "Mall" users apply for purchases on the "Mall" by the following or similar methods, and the "Mall" must provide the following contents in an easily understandable manner when users make purchase applications:
1. Search and selection of goods, etc.
2. Input of recipient's name, address, telephone number, email address (or mobile phone number), etc.
3. Confirmation of Terms and Conditions contents, services with limited right to withdraw subscription, and cost burden such as delivery charges and installation fees
4. Indication of agreeing to these Terms and Conditions and confirming or refusing the matters in Item 3 above
(e.g., mouse click)
5. Purchase application for goods, etc. and confirmation thereof or consent to the "Mall's" confirmation
6. Selection of payment method
② When the "Mall" entrusts a third party to handle the buyer's personal information, it must inform the buyer of 1) the person receiving the personal information handling entrustment, 2) the contents of the work for which personal information handling is entrusted, and obtain consent. (The same applies when the consented matters change.) However, when it is necessary for contract performance related to service provision and related to improving buyer convenience, notification through the personal information handling policy in the manner prescribed by the Act on Promotion of Information and Communications Network Utilization and Information Protection may be given without going through notification and consent procedures.
Article 10 (Formation of Contract)
① The "Mall" may not accept purchase applications under Article 9 if they fall under any of the following. However, when concluding a contract with a minor, it must notify that the minor themselves or their legal representative may cancel the contract if they do not obtain the consent of the legal representative.
1. When there are false information, omissions, or errors in the application contents
2. When minors purchase goods and services prohibited by the Youth Protection Act, such as cigarettes and alcohol
3. When it is judged that accepting the purchase application would significantly interfere with the "Mall's" technology
② The contract shall be deemed established when the "Mall's" acceptance reaches the user in the form of receipt confirmation notice under Article 12, Paragraph 1.
③ The "Mall's" expression of acceptance must include confirmation of the user's purchase application and information on availability for sale, correction and cancellation of the purchase application, etc.
Article 11 (Payment Methods)
Payment for goods or services purchased from the "Mall" may be made by any of the following available methods. However, the "Mall" cannot collect any additional fees under any name for the payment method of goods, etc.
1. Various account transfers such as phone banking, internet banking, mail banking
2. Various card payments such as prepaid cards, debit cards, credit cards
3. Online bank deposit without passbook
4. Electronic money payment
5. Payment upon receipt
6. Payment by points such as mileage paid by the "Mall"
7. Payment by gift certificates contracted with the "Mall" or recognized by the "Mall"
8. Payment by other electronic payment methods
Article 12 (Receipt Confirmation Notice, Change and Cancellation of Purchase Application)
① The "Mall" shall send a receipt confirmation notice to users when there is a purchase application from users.
② Users who receive the receipt confirmation notice may request changes and cancellation of the purchase application immediately after receiving the receipt confirmation notice if there is disagreement in intention, etc., and the "Mall" must process such requests without delay if there is a user's request before delivery. However, if payment has already been made, it shall be in accordance with the provisions on withdrawal of subscription, etc. in Article 15.
Article 13 (Supply of Goods, etc.)
① Unless there is a separate agreement with the user regarding the supply timing of goods, etc., the "Mall" shall take necessary measures such as custom manufacturing and packaging so that goods, etc. can be delivered within 7 days from the date the user made the subscription. However, if the "Mall" has already received all or part of the payment for goods, etc., it shall take measures within 3 business days from the date of receiving all or part of the payment. At this time, the "Mall" shall take appropriate measures so that users can check the supply procedures and progress of goods, etc.
② The "Mall" shall specify the delivery method, the bearer of delivery costs by method, and delivery period by method for goods purchased by users. If the "Mall" exceeds the agreed delivery period, it must compensate for the user's damages caused thereby. However, this shall not apply when the "Mall" proves that there was no intention or negligence.
Article 14 (Refund)
When the "Mall" cannot deliver or provide goods, etc. that users applied to purchase due to reasons such as out-of-stock, it shall notify the user of the reason without delay and refund the payment within 3 business days from the date of receiving payment or take necessary measures for refund if payment for goods, etc. has been received in advance.
Article 15 (Withdrawal of Subscription, etc.)
① Users who have concluded a contract for the purchase of goods, etc. with the "Mall" may withdraw their subscription within 7 days from the date of receiving the written contract contents under Article 13, Paragraph 2 of the Consumer Protection Act in Electronic Commerce (or from the date of receiving or starting to receive the supply of goods, etc. if the supply of goods, etc. is made later than receiving the written document). However, the "Mall" is an intermediary business operator that mediates patent rights, and when users conclude a standard patent transaction contract with patent holders, matters regarding contract withdrawal shall be applied with priority to the standard patent transaction contract.
② Users cannot return or exchange goods, etc. in the following cases after receiving delivery:
1. When goods, etc. are lost or damaged due to reasons attributable to the user (however, subscription withdrawal is possible when packaging, etc. is damaged to check the contents of goods, etc.)
2. When the value of goods, etc. has significantly decreased due to the user's use or partial consumption
3. When the value of goods, etc. has significantly decreased to the extent that resale is difficult due to the passage of time
4. When the packaging of the original goods, etc. is damaged when reproduction is possible with goods, etc. of the same performance
5. When the user concludes a standard patent transaction contract with the patent holder and both transaction parties sign
6. When documents transferring patent rights are submitted to the Patent Office
③ Notwithstanding the provisions of Paragraphs 1 and 2, when the contents of goods, etc. are different from the display and advertisement contents or implemented differently from the contract contents, users may withdraw subscription, etc. within 3 months from the date of receiving the goods, etc., or within 30 days from the date of knowing or being able to know the fact.
Article 16 (Effects of Withdrawal of Subscription, etc.)
① When the "Mall" receives goods, etc. returned from users, it shall refund the payment for goods, etc. already received within 3 business days. In this case, when the "Mall" delays the refund of goods, etc. to users, it shall pay delay interest calculated by multiplying the delay interest rate prescribed in Article 21-2 of the Enforcement Decree of the Consumer Protection Act in Electronic Commerce for the delay period.
② When refunding the above payment, if the user paid for goods, etc. by payment methods such as credit cards or electronic money, the "Mall" shall request the business operator who provided the payment method to stop or cancel the billing for goods, etc. without delay.
③ In case of withdrawal of subscription, etc., the user shall bear the costs necessary for returning the supplied goods, etc. The "Mall" shall not claim penalty or damages from users for withdrawal of subscription, etc. However, when withdrawal of subscription, etc. is made because the contents of goods, etc. are different from display and advertisement contents or implemented differently from contract contents, the "Mall" shall bear the costs necessary for returning goods, etc.
Article 17 (Personal Information Protection)
① The "Mall" collects minimum personal information within the scope necessary for providing services when collecting users' personal information.
② The "Mall" does not collect information necessary for purchase contract performance in advance when joining as a member. However, this does not apply when collecting minimum specific personal information when identity verification is required before purchase contracts to fulfill obligations under related laws.
③ When the "Mall" collects and uses users' personal information, it shall notify the user of the purpose and obtain consent.
④ The "Mall" cannot use collected personal information for purposes other than the intended purpose, and when new purposes of use arise or when providing to third parties, it shall notify the user of the purpose at the stage of use and provision and obtain consent. However, exceptions apply when otherwise provided by related laws.
⑤ When the "Mall" must obtain user consent under Paragraphs 2 and 3, it must specify or notify in advance the matters prescribed in Article 22, Paragraph 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, such as the identity of the personal information manager (affiliation, name and telephone number, other contact information), purpose of information collection and use, matters related to information provision to third parties (recipients, purpose of provision and contents of information to be provided), and users may withdraw this consent at any time.
⑥ Users may request access to and error correction of their personal information held by the "Mall" at any time, and the "Mall" has an obligation to take necessary measures without delay. When users request error correction, the "Mall" shall not use the personal information until the error is corrected.
⑦ The "Mall" must minimize the persons handling users' personal information for personal information protection, and bears all responsibility for users' damages due to loss, theft, leakage, unauthorized provision to third parties, alteration, etc. of users' personal information including credit cards and bank accounts.
⑧ The "Mall" or third parties who receive personal information from it shall destroy the personal information without delay when the purpose of personal information collection or the purpose of provision is achieved.
⑨ The "Mall" does not preset consent fields for personal information collection, use, and provision as selected. Also, it specifically specifies services that are restricted when users refuse consent for personal information collection, use, and provision, and does not restrict or refuse membership registration and other service provision due to users' refusal of consent for personal information collection, use, and provision that are not essential collection items.
Article 18 (Obligations of the "Mall")
① The "Mall" shall not engage in acts prohibited by laws and these Terms and Conditions or contrary to public order and morals, and shall do its best to provide goods and services continuously and stably according to these Terms and Conditions.
② The "Mall" must have a security system to protect users' personal information (including credit information) so that users can safely use Internet services.
③ When the "Mall" causes damages to users by engaging in unfair display and advertising acts prescribed in Article 3 of the Fair Labeling and Advertising Act for products or services, it shall be liable for compensation.
④ The "Mall" shall not send commercial advertising emails for profit purposes that users do not want.
Article 19 (Obligations Regarding Members' ID and Password)
① Except for cases under Article 17, management responsibility for ID and password lies with members.
② Members must not allow third parties to use their ID and password.
③ When members recognize that their ID and password have been stolen or are being used by third parties, they must immediately notify the "Mall" and follow the "Mall's" guidance when provided.
Article 20 (Obligations of Users)
Users must not engage in the following acts:
1. Registration of false contents when applying or making changes
2. Theft of others' information
3. Alteration of information posted on the "Mall"
4. Transmission or posting of information other than that determined by the "Mall" (such as computer programs)
5. Infringement of intellectual property rights such as copyrights of the "Mall" and other third parties
6. Acts that damage the reputation of the "Mall" and other third parties or interfere with their business
7. Acts of disclosing or posting obscene or violent messages, images, voices, and other information contrary to public order and morals on the mall
8. Acts that infringe trade secrets
Article 21 (Relationship between Linked "Mall" and Connected "Mall")
① When upper "Mall" and lower "Mall" are connected by hyperlink (e.g., hyperlink targets include text, pictures, and moving images), the former is called linked "Mall" (website) and the latter is called connected "Mall" (website).
② The linked "Mall" does not bear guarantee responsibility for transactions conducted between users and connected "Mall" regarding goods, etc. independently provided by the connected "Mall" when it clearly states on the initial screen of the linked "Mall" or the pop-up screen at the time of connection that it does not bear guarantee responsibility.
Article 22 (Attribution and Use Restrictions of Copyrights)
① Copyrights and other intellectual property rights for works created by the "Mall" belong to the "Mall".
② Users must not use information with intellectual property rights belonging to the "Mall" among information obtained by using the "Mall" for commercial purposes or allow third parties to use it by reproduction, transmission, publication, distribution, broadcasting, or other methods without prior consent from the "Mall".
③ The "Mall" must notify the user when using copyrights belonging to users according to agreement.
Article 23 (Dispute Resolution)
① The "Mall" establishes and operates a damage compensation processing organization to reflect legitimate opinions or complaints raised by users and compensate for such damages.
② The "Mall" gives priority to processing complaints and opinions submitted by users. However, when prompt processing is difficult, it immediately notifies users of the reasons and processing schedule.
③ When there is a user's application for damage relief regarding electronic commerce disputes between the "Mall" and users, mediation by dispute mediation organizations commissioned by the Fair Trade Commission or city/provincial governors may be followed.
Article 24 (Jurisdiction and Governing Law)
① Lawsuits regarding electronic commerce disputes between the "Mall" and users shall be filed with Seoul Southern District Court.
② Korean law shall apply to electronic commerce lawsuits filed between the "Mall" and users.
