Terms of Service

Article 1 (Purpose)

The purpose of these Terms is to set forth the rights, obligations, and responsibilities of the cyber mall and its users in connection with the use of Internet-related services (hereinafter referred to as the “Services”) provided by the BOARA Mall (hereinafter referred to as the “Mall”) operated by Y-Optical Co. (an electronic commerce business operator).

※ “These Terms shall also apply, mutatis mutandis, to electronic commerce conducted via PC communications, wireless networks, and the like, insofar as it does not run contrary to their nature.”

Article 2 (Definitions)

① “Mall” means the virtual place of business set up by the company so that it can trade goods or services (hereinafter referred to as “Goods, etc.”) with users using information and communications facilities such as computers in order to provide such Goods, etc. to users; it is also used to refer to the business operator that operates the cyber mall.

② “User” means a member or non-member who accesses the “Mall” and receives the Services provided by the “Mall” in accordance with these Terms.

③ “Member” means a person who has registered as a member by providing personal information to the “Mall,” who continuously receives information from the “Mall” and may continuously use the Services provided by the “Mall.”

④ “Non-member” means a person who uses the Services provided by the “Mall” without registering as a member.

Article 3 (Specification, Explanation, and Amendment of the Terms, etc.)

① The “Mall” shall post the contents of these Terms, the trade name and the name of the representative, the address of the place of business (including the address of the place where consumer complaints may be handled), the telephone number, the facsimile number, the e-mail address, the business registration number, the mail-order business report number, the personal information management officer, and the like, on the initial service screen (front page) of the cyber mall so that users can easily become aware of them. However, the contents of the Terms may be made available for users to view through a linked screen.

② Before a user agrees to the Terms, the “Mall” shall provide a separate linked screen or pop-up screen, etc., and obtain the user’s confirmation, so that the user can understand important matters stipulated in the Terms, such as withdrawal of subscription, delivery responsibility, and refund conditions.

③ The “Mall” may amend these Terms to the extent that it does not violate relevant laws such as the Act on Consumer Protection in Electronic Commerce, etc., the Act on the Regulation of Terms and Conditions, the Framework Act on Electronic Documents and Transactions, the Digital Signature Act, the Act on Promotion of Information and Communications Network Utilization, the Door-to-Door Sales Act, and the Consumer Protection Act.

④ When the “Mall” amends the Terms, it shall, together with the current Terms, post the effective date and the reason for the amendment on the initial screen of the Mall from seven (7) days prior to the effective date until the day before the effective date. However, where the contents of the Terms are changed in a manner unfavorable to users, notice shall be given with a prior grace period of at least thirty (30) days. In such case, the “Mall” shall clearly compare the contents before and after the amendment and display them so that users can readily understand them.

⑤ Where the “Mall” amends the Terms, the amended Terms shall apply only to contracts concluded after the effective date thereof, and the provisions of the Terms in effect before the amendment shall continue to apply to contracts already concluded prior thereto. However, if a user who has already concluded a contract sends to the “Mall,” within the notice period for the amended Terms under Paragraph 3, an expression of intent to be governed by the provisions of the amended Terms and obtains the consent of the “Mall,” the provisions of the amended Terms shall apply.

⑥ A member who does not agree to the amended Terms may request withdrawal (termination) of membership; and if the member continues to use the Services without expressing an intent to refuse even after seven (7) days from the effective date of the amended Terms, the member shall be deemed to have agreed to the amendments to the Terms.

⑦ Matters not stipulated in these Terms and the interpretation of these Terms shall be governed by the Act on Consumer Protection in Electronic Commerce, etc., the Act on the Regulation of Terms and Conditions, the Guidelines on Consumer Protection in Electronic Commerce, etc. established by the Fair Trade Commission, and relevant 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 a purchase contract has been concluded

3. Other tasks as determined by the “Mall”

② In the event of a sold-out of Goods or services or a change in technical specifications, etc., the “Mall” may change the content of the Goods or services to be provided under contracts to be concluded in the future. In such case, the “Mall” shall specify the content of the changed Goods or services and the date of provision, and shall immediately post a notice at the place where the content of the current Goods or services is displayed.

③ Where the “Mall” changes the content of the Services that it has contracted to provide to a user due to a sold-out of the Goods, etc. or a change in technical specifications, etc., it shall immediately notify the user of the reason therefor at an address to which the user can be notified.

④ In the case of the preceding paragraph, the “Mall” shall compensate for any damage incurred by the user as a result thereof. However, this shall not apply where the “Mall” proves that there was no intent or negligence on its part.

Article 5 (Suspension of Services)

① The “Mall” may temporarily suspend the provision of the Services in the event of maintenance, inspection, replacement, or breakdown of information and communications facilities such as computers, interruption of communications, and the like.

② The “Mall” shall compensate for any damage incurred by users or third parties due to the temporary suspension of the provision of the Services for the reasons set forth in Paragraph 1. However, this shall not apply where the “Mall” proves that there was no intent or negligence on its part.

③ Where the Services can no longer be provided due to a change of business item, abandonment of business, integration between companies, or the like, the “Mall” shall notify users by the method set forth in Article 8 and shall compensate consumers in accordance with the conditions originally presented by the “Mall.” However, where the “Mall” has not given notice of the compensation standards, etc., it shall pay users their mileage or reserve points, etc. in kind or in cash corresponding to the value of the currency used at the “Mall.”

Article 6 (Membership Registration)

① A user applies for membership registration by entering member information in accordance with the registration form prescribed by the “Mall” and then expressing an intent to agree to these Terms.

② The “Mall” shall register as a member any user who has applied to register as a member as set forth in Paragraph 1, unless the user falls under any of the following items.

1. Where the applicant has previously lost membership status under Article 7, Paragraph 3 of these Terms; provided, however, that an exception shall be made where three (3) years have elapsed since the loss of membership status under Article 7, Paragraph 3 and the applicant has obtained the “Mall’s” approval for re-registration as a member.

2. Where there is any falsehood, omission, or error in the registration details

3. Where it is determined that registering the applicant as a member would otherwise cause significant technical difficulty for the “Mall”

③ The time of conclusion of the membership registration contract shall be the time at which the “Mall’s” approval reaches the member.

④ Where there is any change in the registration matters set forth in Article 15, Paragraph 1, the member shall immediately notify the “Mall” of such change by e-mail or other means.

⑤ Membership registration may be made only under the member’s real name, and the Mall may take measures to verify the real name.

⑥ All IDs of a member who has applied for use by misappropriating another person’s identity (name, resident registration number, etc.) shall be deleted, and the member may be subject to punishment in accordance with relevant laws.

Article 7 (Withdrawal of Membership and Loss of Qualification, etc.)

① A member may freely withdraw from the “Mall” at any time, and where a member wishes to terminate the use contract, the member shall personally cancel the membership using the membership withdrawal menu on the Mall’s website.

② Where a member falls under any of the following items, the “Mall” may restrict and suspend the member’s qualification.

1. Where the member registered false information at the time of applying for membership

2. Where the member fails to pay, by the due date, the price of Goods, etc. purchased using the “Mall,” or any other debt borne by the member in connection with the use of the “Mall”

3. Where the member threatens the order of electronic commerce, such as by interfering with another person’s use of the “Mall” or misappropriating such person’s information

4. Where the member uses the “Mall” to engage in acts prohibited by law or these Terms, or contrary to public order and good morals

③ After the “Mall” has restricted or suspended a member’s qualification, if the same act is repeated two (2) or more times, or if the reason therefor is not rectified within thirty (30) days, the “Mall” may cause the member to lose membership qualification.

④ Where the “Mall” causes a member to lose membership qualification, it shall cancel the membership registration. In such case, it shall notify the member thereof and grant the member an opportunity to explain by setting a period of at least thirty (30) days before the cancellation of the membership registration.

Article 8 (Notice to Members)

① Where the “Mall” gives notice to a member, it may do so to the e-mail address designated by the member in advance by agreement with the “Mall.”

② In the case of notice to an unspecified number of members, the “Mall” may substitute individual notice by posting on the “Mall’s” bulletin board for at least one (1) week. However, individual notice shall be given with respect to matters that have a material effect on the member’s own transactions.

Article 9 (Purchase Application)

① A user of the “Mall” applies for purchase on the “Mall” by the following or a similar method, and the “Mall” shall provide each of the following items in an easily understandable manner when a user makes a purchase application. However, in the case of a member, the application of Items 2 through 4 may be excluded.

1. Search and selection of Goods, etc.

2. Entry of name, address, telephone number, e-mail address (or mobile phone number), etc.

3. Confirmation of the contents of the Terms, services for which the right of subscription withdrawal is restricted, and matters relating to the bearing of costs such as delivery fees and installation fees

4. Indication of agreement to these Terms and confirmation or refusal of the matters in Item 3 above (e.g., a mouse click)

5. Application for purchase of Goods, etc. and confirmation thereof, or agreement to the “Mall’s” confirmation

6. Selection of payment method

② However, in the case of Paragraph 1, Item 2, member login may be substituted.

Article 10 (Acceptance and Restriction of Application for Use)

① The Mall shall not accept applications that fall under any of the following.

1. Where the application is made under a name that is not the applicant’s real name or by using another person’s name

2. Where the application is made for the purpose of undermining the peace and order of society or public morals

3. Where the applicant intends to use this Service for an improper purpose

4. Where the application is made in violation of other prescribed matters

② Where an application for use of the Service falls under any of the following items, the Mall may withhold acceptance of the application until the cause of the restriction on acceptance is resolved.

1. Where there is technical difficulty on the part of the Mall

2. Where acceptance of use is otherwise difficult for reasons attributable to the Mall

③ The Mall may withhold acceptance where the customer applying for use is a minor as defined under relevant laws. In addition, where a contract is concluded with a minor, the Mall shall give notice that, if the consent of the legal representative is not obtained, the minor in person or the legal representative may cancel the contract.

④ The contract shall be deemed to have been concluded at the time when the “Mall’s” acceptance reaches the user in the form of a receipt confirmation notice under Article 12, Paragraph 1.

⑤ The “Mall’s” expression of intent to accept shall include confirmation of the user’s purchase application and information on whether the sale is possible, correction or cancellation of the purchase application, and the like.

Article 11 (Payment Methods)

① Payment for the price of Goods or services purchased at the “Mall” may be made by any available method among the following items. However, the “Mall” may not collect any additional fee of any kind on the price of Goods, etc. with respect to the user’s payment method.

1. Various account transfers such as phone banking, Internet banking, and mail banking

2. Various card payments such as prepaid cards, debit cards, and credit cards

3. Online bank transfer without a bankbook

4. Payment by electronic currency

5. Payment upon receipt

6. Payment by points, such as mileage, granted by the “Mall”

7. Payment by gift certificates with which the “Mall” has a contract or which the “Mall” recognizes

8. Payment by other electronic payment methods, etc.

Article 12 (Receipt Confirmation Notice, and Change and Cancellation of Purchase Application)

① Where there is a purchase application from a user, the “Mall” shall give the user a receipt confirmation notice.

② A user who has received a receipt confirmation notice may, where there is a discrepancy in the expression of intent, etc., immediately request a change or cancellation of the purchase application after receiving the receipt confirmation notice; and where there is such a request from the user before delivery, the “Mall” shall process it in accordance with the request without delay. However, where the price has already been paid, the provisions on withdrawal of subscription, etc. under Article 15 shall apply.

Article 13 (Supply of Goods, etc.)

① Unless there is a separate agreement with the user regarding the timing of supply of the Goods, etc., the “Mall” shall take the necessary measures, such as custom manufacturing and packaging, so that the Goods, etc. can be delivered within seven (7) days from the date on which the user makes the subscription. However, where the “Mall” has already received all or part of the price of the Goods, etc., it shall take measures within two (2) business days from the date of receipt of all or part of the price. At this time, the “Mall” shall take appropriate measures so that the user can check the supply procedure and progress of the Goods, etc.

② However, in the case of payment by bank transfer without a bankbook, the period up to the date of payment confirmation shall be excluded from the delivery period.

③ The “Mall” shall specify, for the Goods purchased by the user, the means of delivery, the party bearing the delivery cost for each means, the delivery period for each means, and the like. If the “Mall” exceeds the agreed delivery period, it shall compensate for the damage incurred by the user as a result thereof. However, this shall not apply where the “Mall” proves that there was no intent or negligence on its part.

Article 14 (Refund)

① Where the “Mall” is unable to deliver or provide the Goods, etc. for which the user has applied to purchase due to reasons such as being sold out, it shall notify the user of the reason therefor without delay; and where it has received the price of the Goods, etc. in advance, it shall make a refund or take the measures necessary for a refund within two (2) business days from the date of receipt of the price.

Article 15 (Withdrawal of Subscription, etc.)

① A user who has concluded a contract for the purchase of Goods, etc. with the “Mall” may withdraw the subscription within seven (7) days from the date of receipt of the receipt confirmation notice.

② Where a user has received delivery of the Goods, etc., the user may not return or exchange them in any of the following cases.

1. Where the Goods, etc. have been lost or damaged due to a cause attributable to the user (however, where the packaging, etc. has been damaged in order to check the contents of the Goods, etc., the subscription may be withdrawn)

2. Where the value of the Goods, etc. has significantly decreased due to use or partial consumption by the user

3. Where the value of the Goods, etc. has significantly decreased to the extent that resale is difficult due to the lapse of time

4. Where, in the case of Goods, etc. that can be reproduced into Goods, etc. having the same performance, the packaging of the original Goods, etc. has been damaged

③ In the cases of Paragraph 2, Items 2 through 4, the user’s withdrawal of subscription, etc. shall not be restricted unless the “Mall” has, in advance, clearly indicated in a place where consumers can readily become aware of it that the withdrawal of subscription, etc. is restricted, or has taken measures such as providing trial products.

④ Notwithstanding the provisions of Paragraphs 1 and 2, where the contents of the Goods, etc. differ from the displayed or advertised contents, or where performance has been made differently from the terms of the contract, the user may withdraw the subscription, etc. within three (3) months from the date on which the Goods, etc. were supplied, or within thirty (30) days from the date on which the user became aware, or could have become aware, of such fact.

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

① Where the “Mall” receives the returned Goods, etc. from the user, it shall refund the price of the Goods, etc. already received within three (3) business days. In such case, where the “Mall” delays the refund of the price of the Goods, etc. to the user, it shall pay delay interest calculated by multiplying the delay interest rate determined and announced by the Fair Trade Commission for the period of such delay.

② In refunding the above price, where the user has paid the price of the Goods, etc. by a payment method such as a credit card or electronic currency, the “Mall” shall, without delay, request the business operator that provided the payment method to suspend or cancel the demand for the price of the Goods, etc.

③ In the case of withdrawal of subscription, etc., the cost necessary to return the supplied Goods, etc. shall be borne by the user. The “Mall” shall not demand a penalty or damages from the user on the ground of withdrawal of subscription, etc. However, where withdrawal of subscription, etc. is made because the contents of the Goods, etc. differ from the displayed or advertised contents, or performance has been made differently from the terms of the contract, the cost necessary to return the Goods, etc. shall be borne by the “Mall.”

④ Where the user has borne the shipping cost upon being supplied with the Goods, etc., the “Mall” shall clearly indicate, so that the user can readily understand, who bears such cost upon withdrawal of subscription.

Article 17 (Protection of Personal Information)

① The “Mall” collects the minimum information necessary to perform the purchase contract when collecting a user’s information. The following matters are mandatory, and other matters are optional.

1. Name

2. Resident registration number (in the case of a member) or alien registration number

3. Address

4. Telephone number

5. Desired ID (in the case of a member)

6. Password (in the case of a member)

7. E-mail address (or mobile phone number)

② When the “Mall” collects personal information by which a user can be personally identified, it shall always obtain the consent of the relevant user.

③ The personal information provided may not be used for purposes other than its intended purpose or provided to a third party without the consent of the relevant user, and the Mall bears all responsibility therefor. However, the following cases shall be exceptions.

1. Where the minimum user information necessary for delivery (name, address, telephone number) is provided to the delivery company for delivery purposes

2. Where the information is provided to the company from which the Mall receives hosting, for purposes such as member management, system management, and provision of information

3. Where it is necessary for the preparation of statistics, academic research, or market surveys, and the information is provided in a form in which a specific individual cannot be identified

4. Where it is necessary for the settlement of payments arising from transactions of Goods, etc.

5. Where it is necessary for identity verification to prevent identity theft

6. Where there is an unavoidable reason required by the provisions of law or by law

④ Where the “Mall” is required to obtain the user’s consent under Paragraphs 2 and 3, it shall specify or give notice in advance of the matters stipulated in Article 22, Paragraph 2 of the Act on Promotion of Information and Communications Network Utilization, etc., such as the identity of the personal information management officer (affiliation, name, telephone number, and other contact information), the purpose of collection and use of the information, and matters relating to the provision of information to third parties (the recipient, the purpose of provision, and the contents of the information to be provided); and the user may withdraw such consent at any time.

⑤ A user may at any time request access to and correction of errors in his or her personal information held by the “Mall,” and the “Mall” bears the obligation to take the necessary measures without delay. Where a user requests correction of an error, the “Mall” shall not use the relevant personal information until the error has been corrected.

⑥ For the protection of personal information, the “Mall” shall limit and minimize the number of administrators, and bears all responsibility for damage to users arising from the loss, theft, leakage, alteration, or the like of users’ personal information, including credit cards and bank accounts.

⑦ The “Mall” or a third party that has received personal information from it shall, without delay, destroy the relevant personal information when the purpose of collection or the purpose for which it was provided has been achieved.

1. In the case of membership registration information: when the member withdraws or is expelled from membership

2. In the case of payment information: when the price is fully paid or the statute of limitations for the claim expires

3. In the case of delivery information: when the goods or services are delivered or provided

4. Where the information was collected for purposes such as surveys and events: when the relevant survey, event, etc. ends

However, even where the purpose of collection or the purpose for which it was provided has been achieved, your personal information may be retained where there is a need to preserve it pursuant to the provisions of relevant laws such as the Commercial Act.

1. Records on contracts or withdrawal of subscription, etc.: 5 years

2. Records on payment and the supply of Goods, etc.: 5 years

3. Records on consumer complaints or dispute handling: 3 years

Article 18 (Obligations of the “Mall”)

① For the continuous and stable provision of Services, the Mall shall, where facilities break down or are lost, repair or restore them without delay unless there is an unavoidable reason.

② The “Mall” shall not engage in acts prohibited by law and these Terms or contrary to public order and good morals, and shall do its best to provide Goods and services continuously and stably in accordance with these Terms.

③ The “Mall” shall build a security system to protect personal information, and shall publicly announce and comply with its personal information protection policy.

④ Where a user suffers damage because the “Mall” engages in an unfair labeling or advertising act regarding Goods or services as defined under Article 3 of the Act on Fair Labeling and Advertising, the “Mall” bears responsibility to compensate for such damage.

The “Mall” shall not send commercial advertising e-mails for profit-making purposes that the user does not want.

⑤ Where an opinion or complaint raised by a member is objectively recognized as legitimate, the “Mall” shall promptly handle it through appropriate procedures. However, where prompt handling is difficult, it shall notify the member of the reason and the handling schedule.

Article 19 (Obligations Regarding the Member’s ID and Password)

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

② A member shall not allow a third party to use his or her ID and password.

③ Where a member becomes aware that his or her ID and password have been stolen or are being used by a third party, the member shall immediately notify the “Mall” and, where there is guidance from the “Mall,” shall comply with it.

Article 20 (Obligations of the User)

① A user shall not engage in the following acts.

1. Registration of false information at the time of application or change

2. Misappropriation 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 the information designated by the “Mall”

5. Infringement of the intellectual property rights, such as copyrights, of the “Mall” or other third parties

6. Acts that damage the reputation of, or interfere with the business of, the “Mall” or other third parties

7. Acts of disclosing or posting on the Mall obscene or violent messages, images, sounds, or other information contrary to public order and good morals

Article 21 (Relationship Between the Linking “Mall” and the Linked “Mall”)

① Where an upper-level “Mall” and a lower-level “Mall” are connected by means of a hyperlink (e.g., the objects of a hyperlink include text, images, moving images, and the like), the former is referred to as the linking “Mall” (website) and the latter as the linked “Mall” (website).

② Where the linking “Mall” has clearly indicated, on the initial screen of the linking “Mall” or on a pop-up screen at the time of connection, that it does not bear any guarantee liability for transactions conducted with users in respect of Goods, etc. independently provided by the linked “Mall,” it shall not bear guarantee liability for such transactions.

Article 22 (Attribution of Copyright and Restriction on Use)

① Copyright and other intellectual property rights in works created by the “Mall” belong to the “Mall.”

② A user shall not, without the prior consent of the “Mall,” use for profit-making purposes, or allow a third party to use, information obtained by using the “Mall” for which the intellectual property rights belong to the “Mall,” by means of reproduction, transmission, publication, distribution, broadcasting, or otherwise.

③ Where the “Mall” uses, in accordance with an agreement, a copyright belonging to a user, it shall notify the relevant user.

Article 23 (Dispute Resolution)

① The “Mall” shall establish and operate a damage compensation handling body in order to reflect legitimate opinions or complaints raised by users and to handle the compensation of such damage.

② The “Mall” shall give priority to handling complaints and opinions submitted by users. However, where prompt handling is difficult, it shall immediately notify the user of the reason and the handling schedule.

③ Where there is an application for relief of damage from a user in connection with an electronic commerce dispute that has arisen between the “Mall” and the user, the matter may be subject to mediation by a dispute mediation body entrusted by the Fair Trade Commission or the Mayor/Do Governor.

Article 24 (Disclaimer)

① The “Mall” shall be exempted from responsibility for the provision of Services where it is unable to provide Services due to a natural disaster, war, or other force majeure equivalent thereto.

② The “Mall” shall be exempted from responsibility where damage occurs because a telecommunications service provider suspends or fails to normally provide telecommunications services.

③ The “Mall” shall be exempted from responsibility for damage arising from unavoidable causes such as repair, replacement, regular inspection, or construction of the facilities for the Services.

④ The “Mall” shall not be liable for any impediment to the use of the Services or damage caused by reasons attributable to the user.

⑤ The “Mall” shall not be liable where damage occurs due to an error in the user’s computer, or where damage occurs because a member inaccurately enters his or her personal information and e-mail address.

⑥ The “Mall” shall not be liable for a user’s failure to obtain or loss of expected profits from using the Services.

⑦ The “Mall” shall not be liable for damage caused by materials obtained by a user while using the Services. In addition, the Mall shall not bear responsibility to compensate for any emotional harm suffered by a user due to other users while using the Services.

⑧ The “Mall” has no obligation to intervene in disputes arising through the medium of the Services among users, or between users and third parties, and bears no responsibility to compensate for damage resulting therefrom.

Article 24 (Jurisdiction and Governing Law)

① Matters not specified in these Terms shall be governed by relevant laws such as the Telecommunications Business Act and commercial practices.

② In the case of members of the company’s flat-rate Services and members using other paid Services, the terms and policies separately established by the company shall apply.

③ Where a lawsuit is filed regarding a dispute arising from the use of the Services, the court having jurisdiction over the location of the Mall’s head office shall be the competent court.

④ Korean law shall apply to electronic commerce litigation filed between the “Mall” and the user.