gapyear
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Terms of Use

Article 1 ( Purpose )

The purpose of these terms and conditions is to specify the rights, obligations, and responsibilities of the cyber mall operated by Korea GapYear Co., Ltd. (hereinafter referred to as the “Mall") and its users in relation to the internet-related services (hereinafter referred to as "the Services") provided by the Mall.  

※  「These terms and conditions also apply to electronic commerce conducted through PC communication, wireless communication, etc., unless contrary to their nature」 

 

Article 2 (Definitions)  

① "Mall" refers to the virtual business space set up by Korea GapYear Co., Ltd. to enable transactions of goods or services (hereinafter referred to as "Goods, etc.") with users through computers and other information and communication equipment. Additionally, the term is also used to refer to the business operator that manages the cyber mall.

② "User" refers to both 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 an individual who has registered as a member of the "Mall" and is entitled to use the services offered by the "Mall” continuously.  

④ ‘Non-member’ refers to an individual who utilizes the services provided by the "Mall" without being registered as a member.

 

Article 3 (Display, Explanation, and Amendment of Terms and Conditions)  

① The "Mall" shall post the contents of these terms and conditions, the company’s name, the representative's name, the address of the business location (including the address for handling consumer complaints), telephone number, fax number, email address, business registration number, e-commerce registration number, and the person in charge of personal information management, in a manner that is easily accessible to users on the initial service screen (front page) of the cyber mall. However, the content of the terms and conditions may be made available through a linked screen for users to view. 

② The "Mall" must provide users with a separate linked screen or popup window to ensure that they can fully understand important provisions in the terms and conditions, such as withdrawal of subscription, delivery responsibilities, and refund conditions, before the user agrees to the terms. This process should allow the user to confirm these key details.

③ The "Mall" may revise these terms within the limits of not violating applicable laws, including 「the Act on Consumer Protection in Electronic Commerce」, 「the Act on Regulation of Terms and Conditions」, 「the Electronic Document and Electronic Transaction Basic Act」, 「the Electronic Financial Transactions Act」, 「the Electronic Signatures Act」, 「the Act on Promotion of Information and Communications Network Utilization and Information Protection」, 「the Door-to-Door Sales Act」, and 「the Basic Consumer Law」.  

④ If the "Mall" revises the terms, it will specify the effective date and reasons for the revision, notifying them together with the current terms on the mall's initial screen from seven days prior to the effective date until the day before the effective date. However, if the revisions are unfavorable to users, a prior notice period of at least 30 days will be provided. In this case, the "Mall" will clearly compare the content before and after the revision so that users can easily understand.  

⑤ In the event that the "Mall" revises its terms and conditions, the revised terms shall apply only to contracts entered into after the effective date of the revisions, while contracts entered into prior to that date shall continue to be governed by the terms in effect before the revisions. However, if a user who has already entered into a contract wishes to be subject to the revised terms, they must submit their request to the "Mall" within the notification period specified in Article 3, and upon receiving the "Mall's" consent, the revised terms shall apply.

⑥ Matters not specified in these terms and the interpretation of these terms shall be governed by the Act on Consumer Protection in Electronic Commerce, the Act on Regulation of Terms and Conditions, the consumer protection guidelines for electronic commerce established by the Fair Trade Commission, and relevant laws or common practices.

 

Article 4 (Provision and Modification of Services)  

① The "Mall" shall perform the following tasks:

  1. Providing information about goods or services and concluding purchase contracts
  2. Delivering goods or services for which purchase contracts have been concluded  
  3. Other tasks determined by the "Mall"  

 

② The "Mall" may change the content of goods or services to be provided under future contracts if they are out of stock or if there is a change in technical specifications. In this case, the "Mall" will immediately post the details of the changed goods or services and the delivery date in the same location where the current goods or services are displayed.

 

③ If the "Mall" needs to change the content of services that it has agreed to provide to the user due to reasons such as the unavailability of goods or changes in technical specifications, the "Mall" shall immediately notify the user of the reason for the change at an address where the user can be reached.

④ In the above case, the "Mall" shall compensate for any damages incurred by the user as a result. However, this shall not apply if the "Mall" can prove that there was no intent or negligence on its part.

 



Article 5 (Suspension of Service)  

① The "Mall" may temporarily suspend the provision of services in the event of maintenance, inspection, replacement, or breakdown of information and communication equipment such as computers or in cases of communication disruption.

② The "Mall" shall compensate for any damages incurred by users or third parties due to the temporary suspension of service as a result of the reasons outlined in paragraph 1. However, this shall not apply if the "Mall" can prove that there was no intent or negligence on its part.

③ In the event that services cannot be provided due to reasons such as the transition of the business category, abandonment of the business, or consolidation between companies, the "Mall" shall notify users in accordance with the methods set forth in Article 8 and compensate consumers based on the conditions initially presented by the "Mall." However, if the "Mall" does not disclose the criteria for compensation, users' mileage or points will be paid out in cash or in kind, equivalent to the monetary value recognized within the "Mall".

 

 

Article 6 (Membership Registration)  

① The user applies for membership by filling out the membership information in accordance with the registration form set by the "Mall" and indicating their intention to agree to these terms and conditions.

② The "Mall" shall register an individual as a member, among those users who have applied for membership as stated in Article 1, unless they fall under any of the following categories.  

  1. If the applicant has previously lost their membership status in accordance with Article 7, Paragraph 3 of these terms and conditions,

However, an exception is made for individuals who have lost their membership in accordance with Article 7, Paragraph 3, and who have obtained approval for rejoining the "Mall" after a period of three years.  

  1. In the case of false information, omissions, or errors in the registration information.  
  2. When it is determined that registering as an additional member will significantly hinder the technology of the "Mall." 

③ The membership contract takes effect when the "Mall's" acceptance reaches the member.

④ If there are any changes to the information registered at the time of membership enrollment, the member must notify the "Mall" of these changes through methods such as updating their member information within a reasonable timeframe.

 

 

Article 7 (Withdrawal from Membership and Loss of Qualification)  

① Members may request to withdraw from the "Mall" at any time, and the "Mall" shall process the withdrawal immediately.  

② If a member meets any of the following conditions, their membership status may be restricted or suspended by the "Mall."

  1. If false information was provided at the time of application.  
  2. If the member fails to pay for goods purchased from the "Mall," or any debts incurred related to the use of the "Mall," by the due date.  
  3. If the member obstructs another person's use of the "Mall" or misappropriates that information, thereby threatening the order of electronic commerce.  
  4. In the event that acts prohibited by laws or these terms and conditions are carried out by using the "Mall." 

③ If the "Mall" restricts or suspends a member's qualification, and the same behavior is repeated more than twice or is not rectified within 30 days, the "Mall" may revoke the member's qualification.  

④ In the event that the "Mall" revokes a member's qualification, the member registration will be deleted. In this case, the member will be notified, and at least a period of 30 days will be provided prior to the deletion of the member registration to allow for an explanation.

 

Article 8 (Notification to Members)  

① When the “Mall” provides notice to a member, it may do so at the email address designated by the member in an agreement with the “Mall” in advance.  

② The "Mall" may substitute for individual notification by posting on the "Mall" bulletin board for a period of at least one week in cases where notice is being provided to an unspecified number of members. However, individual notifications will be provided regarding matters that significantly affect the transactions of the members themselves.

 

Article 9 (Purchase Application)  

① The “Mall" user shall apply for purchases on the "Mall" using the following or a similar method, and the "Mall" must clearly provide the user with the following information when applying for the purchase.

  1. Search and selection of goods
  2. Input the recipient's name, address, phone number, and email address (or mobile phone number).  
  3. Confirm the terms and conditions, including details about services with restricted rights of withdrawal, as well as costs associated with shipping and installation.  
  4. Indicate agreement to these terms and confirm or reject the matters mentioned in item 3 (e.g., by clicking with a mouse).  
  5. Request for the purchase of goods, confirmation related to it, and consent to the confirmation from the “Mall”
  6. Selection of the payment method  

② If the "Mall" needs to provide the buyer's personal information to a third party, it must inform the buyer of 1) the recipient of the personal information, 2) the purpose of using the personal information by the recipient, 3) the items of personal information being provided, and 4) the retention and usage period of the personal information by the recipient, and obtain the buyer's consent. (This also applies in cases where the consented matters change.)  

③ If the "Mall" delegates the handling of buyers' personal information to a third party, it must inform the buyer of the following: 1) the recipient receiving the delegation of personal information handling, and 2) the details of the tasks related to the delegation of personal information handling, and obtain their consent. (This also applies if the matters for which consent was obtained change.) However, if it is necessary for the fulfillment of the service provision contract and related to enhancing the convenience of the buyer, the "Mall" may notify the buyer through the personal information handling policy as stipulated by 「 the Act on Promotion of Information and Communications Network Utilization and Information Protection」, thereby bypassing the notification and consent procedures.

 

Article 10 (Formation of Contract)  

① The "Mall" may refuse to accept a purchase request in cases that fall under the following categories as specified in Article 9. However, in instances where a contract is made with a minor, it must be stated that the minor or their legal representative can cancel the contract if consent from the legal representative is not obtained.

  1. In cases where the application contains false information, omissions, or errors.  
  2. When a minor purchases goods and services prohibited by the Youth Protection Act, such as tobacco and alcohol.  
  3. When approving additional purchase requests significantly hinders the technology of the "Mall."

② The contract is considered to be formed when the "Mall's" acceptance reaches the user in the form of an acknowledgment of receipt as per Article 12, Paragraph 1.

③ The expression of consent from the "Mall" must include information regarding the confirmation of the user's purchase request, availability for sale, and any corrections or cancellations pertaining to the purchase request.



Article 11 (Payment Methods)  

The payment methods for goods or services purchased from the "Mall" may be made using one of the available methods specified in each of the following items. However, the "Mall" shall not collect any fees under any pretext in addition to the payment for goods, etc., related to the user's payment method.

  1. Various types of account transfers such as phone banking, internet banking, and mail banking  
  2. Various card payments including prepaid cards, debit cards, and credit cards  
  3. Online bank transfers without an account  
  4. Payments made through electronic money  
  5. Payment upon receipt  
  6. Payments made with points awarded by the "Mall," such as mileage  
  7. Payment using gift certificates contracted or recognized by the "Mall"
  8. Other forms of electronic payment methods, etc.

 

Article 12 (Acknowledgment of Receipt Notification, Change and Cancellation of Purchase Application)  

① When the "Mall" receives a purchase application from a user, it sends an acknowledgment of receipt to the user.

② Users who receive a confirmation of receipt notification may request an immediate change or cancellation of their purchase application if there is any discrepancy in their expression of intent after receiving the notification. The "Mall" must promptly process such requests if made by the user before delivery. However, if payment has already been made, the provisions regarding withdrawal of subscription in Article 15 shall apply.

 

Article 13 (Supply of Goods, etc.)  

① Unless there is a separate agreement regarding the supply timing of goods, the "Mall" shall take necessary measures such as custom production and packaging to ensure that goods are delivered within 7 days from the date the user makes the purchase application. However, if the "Mall" has already received all or part of the payment for the goods, it shall take action within 3 business days from the date the payment was received. At this time, the "Mall" shall take appropriate measures to allow the user to confirm the procedures and progress of the supply of goods.

② The "Mall" shall specify the shipping method, the party responsible for shipping costs for each method, and the delivery duration for each method for the goods purchased by the user. If the "Mall" exceeds the agreed delivery period, it shall compensate the user for any damages incurred as a result. However, this does not apply if the "Mall" proves that there was no intent or negligence on its part.

 

Article 14 (Refund)  

In the event that the "Mall" is unable to deliver or provide the goods requested by the user due to reasons such as stockouts, it shall promptly notify the user of such reasons and, if the payment for the goods has been received in advance, refund the payment or take necessary measures for the refund within three business days from the date of receipt.

 


Article 15 (Withdrawal of Offer, etc.)  

① Users who have entered into a contract with the "Mall" for the purchase of goods may withdraw their subscription within 7 days from the date they receive written confirmation of the contract contents as specified in Article 13, Paragraph 2 of 「the Act on Consumer Protection in Electronic Commerce」 (if the delivery of the goods occurs later than the receipt of the written confirmation, it refers to the date of receiving the goods or the date when the supply of goods begins). However, if there are different provisions regarding the withdrawal of subscription in 「the Act on Consumer Protection in Electronic Commerce」, those provisions shall apply.

② If the user has received the goods, they may not return or exchange them in the following circumstances:  

  1. In cases where the goods are lost or damaged due to the user’s responsible actions (however, if the packaging is damaged for the purpose of verifying the contents of the goods, cancellation of the purchase is permissible).  
  2. In cases where the value of the goods has significantly diminished due to the user’s use or partial consumption.  
  3. In cases where the value of the goods has significantly diminished to the extent that resale becomes difficult due to the passage of time.  
  4. In cases where the original goods can be replicated by items with the same performance and the packaging of the original goods has been damaged.  

 

③ In the case of Clause 2, Subsections 2 through 4, if the “Mall” has not clearly communicated the limitations of application withdrawal or provided trial goods, the user’s right to withdraw the application is not restricted.

④ Notwithstanding the provisions of Paragraphs 1 and 2, if the contents of the goods differ from what was indicated or advertised, or if the contract was executed differently, the user may exercise the right of withdrawal within 3 months from the date of receipt of the goods, or within 30 days from the date they became aware of or should have been aware of such fact.

 

Article 16 (Effects of Withdrawal of Subscription, etc.)  

① The "Mall" shall refund the payments for goods, etc., received from the user within three business days after receiving the return of such goods. In this case, if the "Mall" delays the refund to the user, it shall pay the delayed interest calculated by multiplying the delay period by the delay interest rate specified in Article 21-2 of 「the Enforcement Decree of the Act on Consumer Protection in Electronic Commerce」, etc.

② When refunding the aforementioned payments, if the user has paid for the goods using a credit card or electronic money, the "Mall" shall promptly request the business operator that provided the payment method to stop or cancel the billing for the goods.

③ In cases of contract withdrawal, the costs associated with the return of the supplied goods shall be borne by the user. The "Mall" will not claim cancellation fees or damages from the user due to the contract withdrawal. However, if the content of the goods differs from what was indicated in the advertisement or if the fulfillment of the contract is not as stated, resulting in a contract withdrawal, the "Mall" shall bear the costs necessary for the return of the goods.

④ If the user has incurred the shipping cost when receiving the goods, the "Mall" shall clearly indicate in an easily understandable manner who will bear this cost in the event of withdrawing the offer.



Article 17 (Personal Information Protection)  

① The “Mall” collects the minimum personal information necessary for providing services when gathering users' personal data. The following items are mandatory, while other items are optional.  

  1. Name  
  2. Resident registration number (for members) or foreign registration number  
  3. Address  
  4. Phone number  
  5. Desired ID (for members)  
  6. Password (for members)  
  7. Email address (or mobile phone number)

 

② The "Mall" does not collect information necessary for the fulfillment of the purchase contract during the member registration process. However, if identity verification is required prior to the purchase contract in order to fulfill obligations under relevant laws, the "Mall" may collect the minimum amount of specific personal information necessary for this purpose.

③ When the "Mall" collects and uses a user's personal information, it will inform the user of the purpose and obtain their consent.

④ The "Mall" shall not use collected personal information for purposes other than those intended, and in the event that a new purpose of use arises or when it is provided to a third party, it will notify the relevant user of that purpose at the time of use or provision and obtain their consent. However, this shall be exempted where otherwise stipulated by relevant laws. Nonetheless, the following cases are exceptions:

 

  1. Providing the minimum necessary user information (name, address, phone number) to the delivery service for delivery operations.
  2. Providing information in a form that does not identify specific individuals for purposes such as statistical analysis, academic research, or market surveys.
  3. When necessary for the settlement of payments related to the transaction of goods, etc.
  4. When necessary for identity verification to prevent identity theft.
  5. When there are unavoidable reasons required by the provisions of law or by law.

 

⑤ In cases where the "Mall" is required to obtain the user's consent pursuant to Article 2 and Article 3, the identity of the personal information management officer (affiliation, name, phone number, and other contact details), the purpose of information collection and use, and details related to the provision of information to third parties (the recipient, purpose of provision, and content of information to be provided) must be clearly stated or notified in advance, as stipulated in Article 22, Paragraph 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, and the user may withdraw this consent at any time.

⑥ Users may always request to view and rectify their personal information held by the "Mall," and the "Mall" is obligated to take necessary measures without delay in response to such requests. If a user requests a correction of an error, the "Mall" will refrain from using the relevant personal information until the error is corrected.

⑦ The "Mall" must limit the number of personnel handling users' personal information to the minimum necessary for protecting privacy. It is fully responsible for any damages suffered by the user due to loss, theft, leakage, unauthorized provision to third parties, or alteration of personal information, including credit card and bank account details.

⑧ The "Mall" or any third party that has received personal information from it must promptly destroy the personal information without delay once the purpose of its collection or provision has been achieved.

⑨ The "Mall" does not pre-select the consent box for the collection, use, or provision of personal information in advance. Furthermore, if the user refuses to consent to the collection, use, or provision of personal information, the services that may be restricted must be clearly specified. The "Mall" will not restrict or deny membership or service provision based on the user’s refusal to consent to the collection, use, or provision of personal information that is not essential for service delivery.

 

Article 18 (Obligations of the "Mall")  

① The "Mall" shall not engage in any acts prohibited by law or contrary to public order and morals. In accordance with the provisions of these terms and conditions, the "Mall" must make its best effort to provide goods and services continuously and stably.

② The "Mall" must implement a security system to protect users' personal information (including credit information) to ensure that users can safely utilize internet services. 

③ The "Mall" shall be liable to compensate users for damages incurred due to any unfair labeling or advertising practices as defined in Article 3 of 「the Act on Fair Labeling and Advertising」 concerning goods or services. However, this shall not apply if the "Mall" can prove that there was no intent or negligence on its part.

④ The "Mall" shall not send unsolicited commercial electronic mail to users.

 

Article 19 (Member ID and Password Obligations)  

① Except for the cases outlined in Article 17, the responsibility for managing the ID and password lies with the member.  

② Members must not allow a third party to use their ID and password.  

③ If a member becomes aware that their ID and password have been stolen or are being used by a third party, they must immediately notify the "Mall" and follow any instructions provided by the "Mall."

 

Article 20 (User Obligations)

Users must not engage in the following activities:  

  1. Registration of false information during application or modification.  
  2. Identity theft of another person's information.  
  3. Alteration of information posted on the "Mall."  
  4. Transmission or posting of information (such as computer programs) other than that specified by the "Mall."  
  5. Infringement of copyrights and other intellectual property rights of the "Mall" or any third party.  
  6. Actions that harm the reputation of the "Mall" or any third party or interfere with their business.  
  7. The act of publicly disclosing or posting obscene or violent messages, images, audio, or any other content that is contrary to public order and morals on the "Mall."

 

Article 21 (Relationship Between Linked “Mall” and Subordinate “Mall”)

① In cases where an upper “Mall” and a lower “Mall” are connected through a hyperlink (for example, the hyperlink may include text, images, animations, etc.), the former is referred to as the linked “Mall" (website) and the latter as the subordinate “Mall" (website).

② If the connecting "Mall" clearly states on its initial screen or via a pop-up at the time of connection that it does not take responsibility for guaranteeing transactions conducted between the user and the independently operated connected "Mall" regarding goods or services provided by the connected "Mall," the connecting "Mall" will not bear any responsibility for guaranteeing those transactions.

 

Article 22 (Copyright Ownership and Usage Restrictions)  

① Copyright and other intellectual property rights pertaining to works created by "Mall" shall belong to "Mall." 

② By using the “Mall,” users must not, for commercial purposes, reproduce, transmit, publish, distribute, broadcast, or otherwise use information that belongs to the intellectual property of the “Mall” without prior consent from the “Mall,” nor allow third parties to use such information.

③ When "Mall" utilizes copyright belonging to a user as per agreement, "Mall" must notify the respective user.

 

Article 23 (Dispute Resolution)  

① The "Mall" shall establish and operate a compensation processing organization to reflect the legitimate opinions or complaints raised by users and to compensate for damages incurred.  

② The "Mall" will prioritize the processing of complaints and opinions submitted by users. However, if it is difficult to handle the matter promptly, the user will be immediately notified of the reason and the processing schedule.  

③ In the event of an e-commerce dispute between the "Mall" and the user, if the user files a request for damage relief, the dispute may be resolved through mediation by a dispute resolution institution commissioned by the Fair Trade Commission or the city/provincial governor.

 

Article 24 (Jurisdiction and Governing Law)  

① Lawsuits arising from disputes related to electronic commerce between the “Mall” and the user shall be subject to the jurisdiction of the district court having jurisdiction over the user's address at the time of filing, and if there is no address, it shall be under the exclusive jurisdiction of the district court having jurisdiction over the residence. However, if the user's address or residence is unclear at the time of filing or if the user resides abroad, the lawsuit shall be filed with the court of jurisdiction according to the Civil Procedure Act.

② Korean law shall apply to electronic commerce lawsuits filed between the "Mall" and the user.

 

 

                                                 

  Standard Terms and Conditions No. 10023 ( Revised on June 26 , 2015 )

 

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