Terms of Service
The purpose of these terms and conditions is to define the rights, obligations, and responsibilities of the cyber forum and users when using the internet-related services (hereinafter referred to as "Services") provided by XISOM inc (hereinafter referred to as "Company") operating X-SCADA Forum (hereinafter referred to as "Forum").
※「These terms and conditions shall also apply to electronic commerce conducted through PC communication, wireless, etc., as long as it does not contradict its nature.」- The "Forum" refers to a virtual business place set up by the "Company" to allow users to trade goods or services (hereinafter referred to as "Goods, etc.") using computers and information communication facilities, and it also refers to the operator of the cyber forum.
- "Users" refers to members and non-members who access the "Forum" and receive services provided by the "Forum" under these terms and conditions.
- "Member" refers to a person who has registered with the "Forum" and can continuously use the services provided by the "Forum."
- "Non-member" refers to a person who uses the services provided by the "Forum" without registering as a member.
- The "Forum" posts the contents of these terms and conditions, company name, representative's name, business office address (including the address for handling consumer complaints), phone number, fax number, email address, business registration number, e-commerce permit number, and personal information management officer on the initial screen of the cyber forum to make it easily accessible to users. However, the contents of the terms can be made available through a linked screen.
- Before a user agrees to the terms, the "Forum" must provide a separate linked or popup screen to ensure users understand important matters such as withdrawal of offers, delivery responsibility, refund conditions, etc., and confirm their understanding.
- The "Forum" may revise these terms and conditions to the extent that it does not violate related laws such as the "Act on Consumer Protection in Electronic Commerce," "Act on the Regulation of Terms and Conditions," "Basic Act on Electronic Transactions," "Electronic Financial Transactions Act," "Electronic Signature Act," "Act on Promotion of Information and Communications Network Utilization and Information Protection," "Door-to-Door Sales Act," "Consumer Basic Act," etc.
- If the "Forum" revises the terms, it will specify the effective date and reasons for the revision and notify them alongside the current terms on the forum's initial screen from seven days before the effective date to the day before the effective date. However, for changes that are disadvantageous to users, a grace period of at least 30 days will be provided. In this case, the "Forum" will clearly compare the revised terms with the previous terms to make it easier for users to understand.
- If the "Forum" revises the terms, the revised terms apply only to contracts entered into after the effective date. For contracts already established, the previous terms apply unless users express their intention to accept the revised terms within the notice period stipulated in Clause 3 and obtain the "Forum's" consent.
- Matters not specified in these terms and the interpretation of these terms shall follow the "Act on Consumer Protection in Electronic Commerce," "Act on the Regulation of Terms and Conditions," guidelines for consumer protection in electronic commerce as determined by the Fair Trade Commission, related laws, or customary practices.
- The "Forum" performs the following tasks:
- Providing information on goods or services and concluding purchase contracts
- Delivery of goods or services for which purchase contracts have been concluded
- Other tasks determined by the "Forum"
- If the "Forum" changes the content of goods or services to be provided due to sellouts or changes in technical specifications, it will immediately notify the current contents of the goods or services and their changed contents and dates of provision on the same page.
- In such cases, the "Forum" notifies users of the reasons for the change to the address where they can be contacted immediately.
- In the case of the preceding clause, the "Forum" compensates users for damages caused by the changes. However, if the "Forum" proves that there was no intention or negligence, this does not apply.
- The "Forum" may temporarily suspend the provision of services due to maintenance, replacement, breakdown of computers or information communication facilities, or disconnection of communication.
- The "Forum" compensates users or third parties for damages caused by the temporary suspension of services. However, this does not apply if the "Forum" proves that there was no intention or negligence.
- If the "Forum" cannot provide services due to business item changes, business discontinuation, or mergers between companies, it notifies users in the manner specified in Article 8 and compensates consumers under the initial conditions proposed by the "Forum." However, if the "Forum" has not notified the compensation criteria, it provides users with mileage or reserves equivalent to the currency value used on the "Forum" as real goods or cash.
- Users can apply for membership by filling out the registration form provided by the "Forum" and indicating their agreement to these terms and conditions.
- The "Forum" will register users as members unless they fall under any of the following categories:
- If the applicant has previously lost their membership under Clause 3, Article 7, except when three years have passed since the loss and the applicant has obtained approval for re-registration.
- If there are false statements, omissions, or errors in the registration information.
- If registering the user as a member poses significant technical difficulties for the "Forum."
- The membership agreement becomes effective when the "Forum's" approval is communicated to the member.
- If there are changes to the information registered during membership, the member must notify the "Forum" of such changes through methods like updating member information within a reasonable period.
- Members may request to withdraw from the "Forum" at any time, and the "Forum" will process the withdrawal immediately.
- The "Forum" may restrict or suspend a member’s qualifications in the following cases:
- If the member has provided false information during the registration process.
- If the member fails to pay the price of goods or other debts related to the use of the "Forum."
- If the member disrupts the use of the "Forum" for others or misuses their information, thereby threatening the order of electronic commerce.
- If the member violates laws or these terms and engages in activities against public order or morality.
- If the same violation is repeated twice or more after the restriction or suspension, or if the reason for restriction or suspension is not corrected within 30 days, the "Forum" may revoke the member’s qualification.
- If the "Forum" disqualifies a member, it will delete their registration. The member will be notified of this and given at least 30 days to explain their case before the deletion.
- Notifications to members can be sent to the email address specified in advance by the member and the "Forum."
- For notifications to an unspecified number of members, the "Forum" may replace individual notifications by posting them on the "Forum" bulletin board for at least one week. However, for matters significantly affecting the individual member's transactions, individual notifications will be sent.
- Users can apply for purchases on the "Forum" through methods similar to the following, and the "Forum" must provide the following information in a clear manner:
- Search and selection of goods, etc.
- Input of the recipient’s name, address, phone number, email address (or mobile number), etc.
- Confirmation of terms and conditions, withdrawal of offers, service restrictions, delivery fees, installation fees, and other costs.
- Indicating agreement or refusal to these terms and conditions (e.g., by clicking).
- Submission of the purchase application and confirmation of this by the "Forum."
- Selection of payment methods.
- If the "Forum" needs to provide or outsource a purchaser's personal information to a third party, it must obtain consent during the actual purchase application. Comprehensive consent obtained during membership registration is not sufficient. The "Forum" must specify the items of personal information provided, the recipient, the purpose of use, and the retention period to the purchaser. However, exceptions apply if otherwise specified by laws such as Clause 1, Article 25 of the "Act on Promotion of Information and Communications Network Utilization and Information Protection."
- The "Forum" may not accept purchase applications under Article 9 in the following cases. If the contract involves minors, the "Forum" must inform them that they or their legal guardian may cancel the contract if consent is not obtained from the guardian:
- If the application contains false, omitted, or erroneous information.
- If a minor attempts to purchase goods or services prohibited by youth protection laws, such as cigarettes or alcohol.
- If the "Forum" deems the acceptance of the application would cause significant technical difficulties.
- The contract is formed when the "Forum’s" acceptance reaches the user in the form of an acknowledgment notice as specified in Clause 1, Article 12.
- The acknowledgment notice must include confirmation of the user’s purchase application, availability of goods, and information on modifications or cancellations.
The payment methods for goods or services purchased through the "Forum" can be made using any of the following methods. However, the "Forum" may not add any additional fees to the payment amount for using a particular payment method:
- Various account transfers such as phone banking, internet banking, and mail banking
- Payment via various cards such as prepaid cards, debit cards, and credit cards
- Online bank transfers
- Payment using electronic money
- Cash on delivery
- Payment using points provided by the "Forum," such as mileage
- Payment using gift certificates contracted or recognized by the "Forum"
- Other electronic payment methods
- The "Forum" sends an acknowledgment notice to the user upon receiving a purchase application.
- Upon receiving the acknowledgment notice, the user may immediately request modification or cancellation of the purchase application if there are discrepancies. The "Forum" must promptly process the request if it is made before shipment. However, if payment has already been made, the provisions on withdrawal of offers, etc., in Article 15 will apply.
- Unless otherwise agreed upon regarding the supply timing of goods, the "Forum" takes necessary actions, such as order processing and packaging, to deliver the goods within seven days from the date the user makes a purchase offer. If the "Forum" has already received all or part of the payment, the actions must be taken within three business days from the date of payment. The "Forum" must ensure that users can check the procedures and progress of the supply of goods.
- The "Forum" specifies the delivery method, delivery costs by method, and delivery time for the goods purchased by the user. If the "Forum" exceeds the agreed delivery period, it compensates the user for any damages incurred. However, this does not apply if the "Forum" proves that there was no intention or negligence.
If the "Forum" cannot deliver or provide the goods due to reasons such as a sellout, it must notify the user immediately and, if payment was made in advance, refund the amount within three business days or take necessary actions for the refund.
- Users who have entered into a purchase contract with the "Forum" for goods may withdraw the offer within seven days from the date they receive a written document regarding the contract under Clause 2, Article 13 of the "Act on Consumer Protection in Electronic Commerce." If the supply of goods is delayed beyond receiving the document, the withdrawal period starts from the date the goods are received or the supply begins. However, if otherwise specified by the "Act on Consumer Protection in Electronic Commerce," those provisions apply.
- Users cannot return or exchange goods in the following cases:
- If the goods are lost or damaged due to reasons attributable to the user (excluding damage to packaging to check the contents of the goods)
- If the value of the goods has significantly decreased due to the user's use or partial consumption
- If the value of the goods has significantly decreased to the extent that resale is difficult due to the passage of time
- If the goods are reproducible with the same performance, and the packaging of the original goods is damaged
- For cases mentioned in Subparagraphs 2 to 4 of Clause 2, the user's right to withdraw the offer is not restricted if the "Forum" did not specify the restriction in advance in a place easily noticeable by the consumer or did not provide trial products.
- Notwithstanding Clauses 1 and 2, users may withdraw the offer within three months from the date they received the goods or within 30 days from the date they became aware of or could have become aware of discrepancies if the goods differ from their advertised or contractual content.
- If the "Forum" receives returned goods from the user, it refunds the payment within three business days. If the "Forum" delays the refund, it must pay delay interest calculated at the rate specified in Clause 2, Article 21-2 of the "Enforcement Decree of the Act on Consumer Protection in Electronic Commerce" for the delay period.
- For payments made via credit card or electronic money, the "Forum" must immediately request the payment provider to cancel the charge upon refunding the user.
- The cost of returning goods due to withdrawal of offer must be borne by the user. The "Forum" does not claim cancellation fees or damages from the user for withdrawal of the offer. However, if the withdrawal is due to discrepancies in the goods' advertised or contractual content, the "Forum" bears the return cost.
- If the user paid shipping costs when receiving goods, the "Forum" must clearly indicate who bears the shipping costs for withdrawal of the offer.
- The "Forum" collects only the minimum amount of personal information necessary to provide services to users.
- The "Forum" does not collect information required to fulfill purchase contracts during membership registration. However, exceptions apply when identity verification is necessary to fulfill legal obligations before the purchase contract, in which case only minimal specific personal information is collected.
- When collecting and using users' personal information, the "Forum" notifies users of the purpose and obtains their consent.
- The "Forum" does not use the collected personal information for purposes other than those specified. If new purposes arise or if the information is provided to third parties, the "Forum" notifies the user at the usage or provision stage and obtains consent. Exceptions apply if otherwise stipulated by related laws.
- When obtaining user consent under Paragraphs 3 and 4, the "Forum" must specify or notify the identity of the personal information manager (affiliation, name, contact number, etc.), the purpose of information collection and use, and details about third-party information provision (recipient, purpose, and content). Users may withdraw consent at any time.
- Users may request to view or correct errors in their personal information held by the "Forum" at any time. The "Forum" must promptly act on such requests. If corrections are requested, the "Forum" will not use the incorrect information until corrections are completed.
- The "Forum" minimizes the personnel handling users' personal information to protect it and takes full responsibility for damages caused by loss, theft, leakage, unauthorized provision, or alteration of information, including credit card and bank account details.
- The "Forum" or third parties who receive personal information must destroy the information immediately after achieving the purpose for which it was collected or provided.
- The "Forum" does not preselect consent fields for the collection, use, and provision of personal information. The "Forum" specifies services that may be restricted if users refuse consent and does not deny membership or service provision solely because users refuse to provide non-essential information.
- The "Forum" must not engage in acts prohibited by law or contrary to public morals and must strive to provide goods and services consistently and securely as outlined in these terms.
- The "Forum" must establish a secure system to protect users' personal information (including credit information) and ensure safe use of internet services.
- The "Forum" is liable for damages incurred by users due to unfair labeling or advertising practices under Article 3 of the "Act on Fair Labeling and Advertising."
- The "Forum" does not send commercial emails for profit purposes that users have not consented to receive.
- Members are responsible for managing their ID and password, except in cases outlined in Article 17.
- Members must not allow third parties to use their ID and password.
- If a member's ID or password is stolen or suspected of being used by a third party, the member must notify the "Forum" immediately and follow its instructions.
Users must not engage in the following activities:
- Registering false information during application or modification
- Misusing another person's information
- Altering information posted by the "Forum"
- Sending or posting unauthorized information (e.g., computer programs)
- Infringing on the intellectual property rights of the "Forum" or third parties
- Defaming or obstructing the business of the "Forum" or third parties
- Posting obscene or violent messages, images, or other content against public order and morality on the "Forum"
- When a higher-level "Forum" links to a subordinate "Forum" through hyperlinks (e.g., text, images, or video links), the former is referred to as the "Linked Forum," and the latter is the "Subordinate Forum."
- The "Linked Forum" does not bear responsibility for transactions between users and the "Subordinate Forum" unless explicitly stated on the initial page of the "Linked Forum" or at the point of connection.
- The copyrights and intellectual property rights for content created by the "Forum" belong to the "Forum."
- Users must not use the information obtained through the "Forum" for commercial purposes or provide it to third parties without prior consent from the "Forum."
- If the "Forum" uses copyrights belonging to users under agreements, it must notify the users.
- The "Forum" establishes and operates a damage compensation processing unit to address and resolve legitimate complaints or claims from users.
- The "Forum" prioritizes resolving complaints and opinions submitted by users. If immediate resolution is difficult, the user will be notified of the reasons and the resolution schedule promptly.
- If a user applies for dispute resolution regarding e-commerce issues with the "Forum," they may follow the mediation procedures of dispute resolution agencies commissioned by the Fair Trade Commission or local governments.
- Litigation related to e-commerce disputes between the "Forum" and users is governed by the user's address at the time of filing. If the user's address is unclear or the user resides abroad, the competent court is determined based on the Civil Procedure Act.
- Korean law applies to lawsuits related to e-commerce disputes between the "Forum" and users.
- These terms and conditions take effect from 2018-01-01.
- These terms comply with the Standard Terms and Conditions for Electronic Commerce (Internet Cyber Forum) No. 10023, revised on September 19, 2014.