The terms of service
This agreement is for rights and duties, responsibilities, and user service procedures between the User and the Company related to the travel package sale brokerage service and other information service (Hereinafter referred to as the "Service") that the WEB & APP Co. (Hereinafter referred to as "company") and "T-WITH" the online travel agency (http://www.t-with.com, hereinafter referred to as "T-WITH") provide through "T-WITH" mobile application (hereinafter referred to as "T-WITH APP”).
③ This agreement is the basic terms of service agreement between the Company and the User. The Company may, if necessary, designate the applicable matters (hereinafter referred to as the "Individual Terms") applicable to particular services and notify them in advance. If the User agrees to these separate terms and use certain services, then the individual terms shall prevail and these terms shall supersede. In case of application and amendment of Individual Terms, ① and ② are followed. The Company shall issue the written agreement (including the electronic document) to the seller who concluded the individual agreement.
④ The matters not set forth in this agreement or the Individual Terms shall be deemed to be replaced with the provisions of the [Act on Consumer Protection in Electronic Commerce], [Act on Regulation of Terms], [Basic Act on Electronic Documents and Electronic Transactions], [Electronic Financial Transactions Act], [Act on Promotion of Information and Communication Network Utilization and Information Protection], and [Basic Law on Consumer Protection].
Article 3 (Definitions)
① “T-WITH” shall mean the real-time electronic commerce transaction system and its operation website and mobile application provided by the company for the purpose of the unlimited product or service (hereinafter as "Product") transaction.
③ “Member” shall refer to the person registered as a member with the “T-WITH” and the person entitled to the utilization of the service provided by the “T-WITH” in a continuous manner.
④ “Non-member” shall refer to the person that has not subscribed as a member, however, utilizes the service provided by the “T-WITH”
Article 4 (Service Provision and Change)
① “T-WITH” shall carry out the tasks as follows:
1. Product or service information provision and the signing of purchase contracts;
2. Reservation of product or service with which a purchase contract is signed;
3. Any other tasks designated by the “T-WITH”
② “T-WITH” may change the specifics of the product or service to be provided under the contract to be signed due to the product or service sold-out or the modification of the technological specifications. In this case, the specifics and the provision date regarding the changed product or service shall be immediately uploaded onto the current product or service page.
③ If the “T-WITH” changes the specifics of the service under the contract with the User due to the product sold-out or the modification of the technological specifications, it shall immediately notify the User of the ground.
④ In the case of a previous Paragraph, the “T-WITH” shall indemnify the User for any loss or damaged incurred, provided, however, that the foregoing shall be inapplicable if the “T-WITH” can prove the absence of bad intent or negligence.
Article 5(Service Period and Termination)
① The service period of the Member shall be from the service application and use consent date by the “T-WITH” to the service use cancellation date.
② “T-WITH” may temporarily suspend the service provision upon the occurrence of the repair, inspection, change or malfunctioning of information communications facility, such as a computer, or communications interruption, etc., and in this case, the temporary service interruption and its relevant ground shall be uploaded onto the initial page of the site.
③ “T-WITH” may restrict or temporarily suspend the provision of the service due to its inability to provide the service due to a natural disaster or other force majeure events.
Article 6 (Member Subscription)
① The use agreement related to the service provided by the Company (hereinafter referred to as the "Use Agreement") is established by the Company's approval of the use application (user subscription application) by the person who wants to use the service. The Company shall notify the applicant of the acceptance of the use by posting on the service screen, e-mail or other means.
② For any of the following reasons, the Company may refuse to accept the application.
1. Email and other information are identical to already subscribed user
2. If the former user who has terminated the use contract by the Company in accordance with Article 7 ② of this Agreement applies for re-use
3. If a user, who has been suspended by the Company pursuant of Article 19 of this Agreement, arbitrarily terminates the User Agreement during the suspension and applies for reuse
4. If a statement in the required items to be described at the time of application is falsely stated
5. Any other violation of these Terms or any illegal or unauthorized use
③ The membership subscription contract shall be deemed to be executed when the consent of the “T-WITH” is notified to the Member.
④ When the information submitted at the time of the membership application is changed, the Member shall notify the “T-WITH” of such change by changing the relevant information, etc.
Article 7 (Member Withdrawal or Disqualification, Etc.)
① Termination of the User
1)User may terminate the Use Agreement at any time by notifying the Company the intention to terminate. The Company provides procedures to terminate the online agreement. Buyer must complete, withdraw or cancel all the purchase procedures that are in the process before notifying agreement termination, and the seller must terminate all the sales procedures in progress and settle the debts to the company. In this case, any disadvantage in withdrawal or cancellation of the sale must be borne by the user.
2)The Use Agreement is terminated when the user's intention to terminate is reached by the company.
3)A user who terminates this clause may register as a user again in accordance with the user registration procedure and related provisions set forth in this Agreement. However, if a user reapplies for registration after a user withdraws for illegal purposes, such as participation in a promotional event with limited participation, the company may restrict reapplication for a certain period of time.
② If any one of the following sub-paragraphs applies to the Member, the “T-WITH” may restrict or suspend the membership:
1. When the membership application includes false information;
2. When the Member fails to make the payment on a due date regarding the product purchase via the “T-WITH” or any other financial obligation;
3. When the Member engages in an act that threatens the electronic commerce order, such as interfering with another’s use of the “T-WITH” or appropriating the other’s information without the authorization;
③ When the “T-WITH” restricts or suspends the membership and the identical act is committed at least twice thereafter or the relevant breach is not cured within thirty (30) days, the “T-WITH” may revoke the membership.
④ When the “T-WITH” revokes the membership, the membership registration shall be cancelled. In this case, the relevant Member shall be notified and he/she shall have at least thirty (30) days prior to the membership cancellation to provide a justifiable explanation.
Article 8 (Service Charge)
① “T-WITH” may impose the fee (service charge) for its provision of various services necessary for the unlimited electronic commerce between and among Members in accordance with the company’s internal policy.
Article 9 (Purchase Application and Personal Information Provision Consent, Etc.)
① User shall apply for the purchase with the “T-WITH” through the following or similar method, and the “T-WITH” shall provide the explanation in a reader-friendly manner for each one of the following methods for the User’s purchase application:
1. Product, etc. search and selection;
2. Entering reservation information about product use
3. Insertion of the recipient’s name, address, phone number, e-mail address (or mobile phone number), etc.
6. Product, etc. purchase application and the related confirmation or agreement on the confirmation by the “T-WITH”
7. Payment method selection
② When “T-WITH” needs to provide to a third party the purchaser’s personal information, it shall notify the purchaser of the following and obtain his/her consent:
1) information recipient,
2) information recipient’s utilization purpose,
3) information items to be provided,
4) information recipient’s information retention and utilization period, etc. (the foregoing shall apply to the change of the matters to which the consent has been obtained)
③ When the “T-WITH” delegates the handling of the purchaser’s personal information to a third party, it shall notify the purchaser of the following and obtain his/her consent:
1) delegation party
2) specifics of the personal information handling work delegation (the foregoing shall apply to the change of the matters to which the consent has been obtained), provided, however, that if the delegation is required for the service provision contract execution and if it is related to the purchaser benefit improvement, it may notify through the method under「Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.」and it may not complete the notification and consent procurement process.
Article 10 (Contract Signing)
① “T-WITH” may reject the purchase application in line with the Article 9, if any one of the following sub-paragraphs applies, provided, however, that in the case of a contract with a minor, if the consent of a legal guardian is not obtained, the minor himself/herself or his/her legal guardian may cancel the contract:
1. When the application includes false, omitted or incorrect information;
2. When it is deemed that the purchase application approval imposes the noticeable technological obstacle upon the “T-WITH”
② A contract shall be deemed to have been executed when the approval of the “T-WITH” is reached upon the User via any form of a receipt confirmation notice under the Article 12, Paragraph 1.
③ The approval intention marking by the “T-WITH” shall include whether it verifies the User’s purchase application, whether it is able to sell, and the information regarding the purchase application correction, etc.
Article 11 (Payment Method)
The payment for the product or service purchase through the “T-WITH” shall be any one of the methods under the following sub-paragraphs:
1. Various card payment, such as prepaid card, debit card or credit card, etc.;
2. Payment through the points given by the “T-WITH,” such as Loyalty;
3. Any other electronic payment method, etc.
Article 12 (Receipt Confirmation Notice, Purchase Application Change and Cancellation)
① “T-WITH” shall provide the receipt confirmation notice to the User once the User wants to make a purchase.
② The User who is informed of the receipt confirmation notice may immediately request the purchase application change and cancellation if there is misunderstanding on his/her intention, and the “T-WITH” shall handle such request without undue delay, if such request is made prior to the delivery, provided, however, that in the case of the payment already made, it shall follow the stipulation under the subscription revocation under the Article 15.
Article 13 (Refund)
When the product for which the purchase is applied by the User cannot be delivered or provided due to the grounds, such as sold-out, etc., the “T-WITH” shall notify the User of the ground without undue delay, and if the payment for the product, etc. is already made, it shall be refunded within three (3) business days or any action necessary for the refund shall be taken.
Article 14 (Discount Coupon and Points)
① Discount Coupon
1. Discount coupons are classified into T-WITH discount coupons and seller discount coupons depending on the issuance target, issuance route, and the target of use.
Depending on the issuance target, issuance route, and the target of use, discount coupons are classified into T-WITH discount coupons and seller discount coupons and the detailed classification, discount amount (discount rate), method of use, period of use and restriction are displayed on the coupon or the service display. Type and content of coupon can vary according to the company policy.
2. Discount coupons can not be withdrawn in cash and will expire when the expiration date (3 months) shown on the coupon expires or the contract expires.
1. Loyalty is in purchase or according to event application result and expires after expiration date (3 months) set by the company or when the contract ends. In case of cancellation or return after purchasing the goods, the company retrieves the loyalty awarded when purchasing the goods. Terms and conditions of use of the accumulated loyalty, period of use, and expiration conditions may change if there are reasonable and substantial reasons such as amendment and abolition of relevant laws, change in contracts between the company and the seller, and the criteria on how earn or use loyalty may change based on changes in the company's marketing policy. In this case, the company will announce the contents with a grace period of 30 days or more.
2. Loyalty can not be withdrawn in cash.
3. Loyalty is divided into the general 'loyalty' that can be used within the maximum allowable limit for each product and the 'UL-Loyalty' (Unlimited Loyalty) which can be used freely without any limit of maximum use.
③ Discount coupons or loyalty can not be transferred to another person or used for any other purpose or for any other purpose unless expressly stated otherwise by the Company. In this case, the Company will notify the reason in advance (without delay if it can not be notified in advance), and may withdraw the discount coupon and loyalty or suspend the user.
Article 15 (Subscription Revocation, Etc.)
① The Company's cancellation and refund policy on products is subject to the relevant laws and regulations such as the[Act on Consumer Protection in Electronic Commerce]
② A user who has entered into a contract with the company for the purchase of a product may withdraw the offer in accordance with the product change and cancellation policy described in the details of each product.
③ The user can not ask for a refund after using the goods etc. unless there is a specific reason.
④ In the event that the contents of the goods are different from the contents of the advertisement displayed on the site or the contents are different from the contents of the contract, the user shall withdraw the application within 30 days from the date of receiving the information And so on.
Article 16 (Effect of Subscription Revocation, Etc.)
① In the case of cancellation or refund of the goods purchased by the user, the Company shall notify the result of the processing in the manner set forth in Article 12 (Notice to Users).
② “T-WITH” shall make a refund of the payment already made within seven (7) business days after it determines that the User’s subscription revocation based upon a justifiable reason. In this case, if the “Market” delays the refund of the product, etc., it shall pay to the User the penalty interest calculated in the form of the penalty interest stipulated under the Article 21-2 of 「Enforcement Decree of Act on the Consumer Protection in Electronic Commerce, Etc.」multiplied by the delayed period.
③ The refund-related expense, such as the return of the product delivered due to the subscription revocation, etc., shall be borne by the User. The “Market” shall not impose the penalty upon or demand the indemnification from the User because of the subscription revocation, etc. However, if the subscription is cancelled because the product, etc. is markedly different from the designation or advertising contents or the contract is not properly executed, the expense for the product return, etc. shall be borne by the “Market.”
④ In case of cancellation due to user's simple remorse, the user will be responsible for the fees and other expenses incurred in the refund process.
⑤ Miscellaneous Cancellations and refunds not provided in these Terms and Conditions of Use of the Site shall be in accordance with the provisions of the Consumer Damage Compensation Regulations.
Article 17 (Personal Information Protection)
① “T-WITH” shall collect the personal information of the User to the minimum extent that is necessary for the service provision.
② “T-WITH” shall not collect in advance upon the membership subscription the information necessary for the purchase contract execution, provided, however, that the foregoing shall be inapplicable when the specific personal information is collected to the minimum extent as it is necessary for the identity confirmation prior to the purchase contract execution in order to carry out the obligations under the relevant laws and regulations.
③ When the “T-WITH” collects and uses the personal information of the User, it shall notify the pertinent User of its purpose and obtain the consent.
④ “T-WITH” shall be prohibited from utilizing the collected personal information for the purpose other than the stipulated herein, and when the utilization purpose is newly added or when the information is provided to a third party, the pertinent User shall be notified of the purpose and his/her consent shall be obtained, provided, however, that an exception may be created if the relevant laws and regulations stipulate otherwise.
⑤ When the “T-WITH” is required to obtain the User’s consent in accordance with Paragraphs 2 and 3, it shall stipulate or notify in advance the information stipulated under the Article 22, Paragraph 2 of 「Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.」, such as, the personal information management contact person information (department, name and phone number, other contact information), information collection and utilization purpose, relevant matters to the provision to a third party (recipient, purpose, information to be provided), etc., and the User may revoke this consent at any time.
⑥ User may demand, at any time, the reading or error correction regarding his/her personal information kept by the “T-WITH”, which in turn has the obligation of taking the necessary measure without undue delay. When the User demands the error correction, the “T-WITH” shall not utilize the pertinent personal information until such error is to be rectified.
⑦ For the personal information protection, the “T-WITH” shall limit to the minimum the number of the personnel that handle the User’s personal information, and it shall take all and any responsibility for the User’s loss or damage arising from the loss, stealing, disclosure, unauthorized provision to a third party, falsification, etc. of the User’s personal information, including without the limitation, credit card or bank account information.
⑧ “T-WITH” or a third party that has received personal information from the “T-WITH” shall immediately destruct the pertinent personal information once the collection purpose or the provision purpose is achieved.
⑨ “T-WITH” shall not set the confirmation box on the personal information collection, utilization, and provision as being checked in advance. In addition, it shall stipulate in details the services to be restricted upon the User’s refusal to consent to the personal information collection, utilization, and provision, and it shall not restrict or refuse the service provision, such as membership subscription, citing the User’s refusal to give his/her consent to the collection, utilization and provision of the personal information, which is not the required collection items.
Article 18 (“T-WITH” Obligations)
② “T-WITH” shall establish a security system for the User’s personal information (including credit information) so that the User can utilize the Internet service in a safe manner.
③ “T-WITH” shall indemnify the User regarding any loss incurred due to the unfair designation or advertising under the Article 3 of「Act on Fair Labeling and Advertising」.
④ “T-WITH” shall not send a for-profit advertising e-mail that the User has declined to receive.
Article 19 (Member ID and Password)
① It is the user's responsibility to manage the ID and password, and all civil and criminal liability incurred by neglecting it is the user's own responsibility.
② Member shall not allow a third party to use his/her ID and password.
③ Member shall immediately notify “T-WITH” when his/her ID and password is stolen or he/she becomes aware that a third party is using them, and the Member shall comply with the instruction of the “T-WITH”, if any exists.
④ The user is responsible for all disadvantages that occur due to not notifying in accordance with paragraph 3 or does not comply with the measures of the company.
Article 20 (User Obligations) User shall be prohibited from engaging in the following acts:
① Registration of false information upon the registration or change;
② Appropriation of another’s information without the authorization;
③ Change of the information uploaded onto the “T-WITH”;
④ Transmission or posting of the information other than the one designated by the “T-WITH” (computer program, etc.);
⑤ Infringement of an intellectual property right, such as copyright, of the “T-WITH” or a third party;
⑥ An act that damages the reputation of or interferes with the work of the “T-WITH” or a third party;
⑦ An act that publishes or posts the obscene or violent message, video or voice clip, or any other information in contravention of public order and good morals
Article 21 (Copyright Ownership and Use Restriction)
① Copyright or any other intellectual property right relating to the copyrighted work by the “T-WITH” shall be vested in the “T-WITH.”
② User shall not utilize for a profit by copying, transmitting, publishing, distributing, broadcasting or through any other manner, or permit a third party to utilize the information with which an intellectual property right is vested in the “T-WITH” without the prior consent of the “T-WITH.”
Article 22 (Dispute Resolution)
① “T-WITH” shall establish and operate the damage compensation processing department in order to consider a legitimate opinion or a complaint raised by the User and provide the compensation.
② “T-WITH” shall put a priority on the processing of a complaint or an opinion submitted by the User. Provided, however, that if the prompt processing is not feasible, the User shall be notified of the relevant ground and the processing schedule without undue delay.
③ The User’s damage relief request relating to an electronic commerce dispute between the “T-WITH” and the User may be submitted to the Fair Trade Commission or the mediation by the dispute arbitration organization commissioned by a mayor or a governor.
Article 23 (Governing Jurisdiction and Law)
① The governing jurisdiction of an electronic commerce dispute between the “T-WITH” and the User shall be the court relating to the User’s address at the time of the dispute, and if such address is not available, the exclusive jurisdiction shall be the local court for the User’s residence. Provided, however, that if the address or residence of the User is not clear or if the User resides overseas, a dispute shall be submitted to the governing jurisdiction under the Civil Procedure Act.
② The laws of Republic of Korea shall be applicable to an electronic commerce between “T-WITH” and User.