Terms of Service
Article 1 (Purpose)
This Agreement aims to define the rights, duties, and responsibilities of KOREA MOTORCYCLE RENTAL (hereinafter referred to as the "Company") and the users regarding the use of internet-related services (hereinafter referred to as the "Services") provided on the website www.kmotorental.com (hereinafter referred to as the "Website").
Note: This Agreement also applies to electronic commerce using PC communications, wireless, etc., as long as it does not contradict the nature of this Agreement.
Article 2 (Definitions)
- "Web Service" refers to the virtual business establishment set up by KOREA MOTORCYCLE RENTAL to enable the transaction of goods or services (hereinafter referred to as "Goods, etc.") through computer or other information and communication equipment. It also refers to the operator of a cyber mall.
- "User" refers to both members and non-members who access the Web Service and receive the services provided by the Web Service in accordance with these Terms.
- "Member" refers to a person who has registered as a member on the Web Service and is eligible to continuously use the services provided by the Web Service.
- "Non-member" refers to a person who uses the services provided by the Web Service without registering as a member.
Article 3 (Display and Explanation of Terms and Conditions, and Amendments)
The Web Service will post the content of these Terms, the company's name, representative's name, business location address (including the address for handling consumer complaints), phone number, fax number, email address, business registration number, mail order business registration number, and the person responsible for personal information management on the initial screen of the Web Service for easy access by users. However, the content of the Terms may be available for viewing through a linked screen.
Before users agree to the Terms, the Web Service must provide a separate linked screen or popup screen to ensure users understand important content specified in the Terms, such as withdrawal rights, delivery responsibilities, and refund conditions.
The Web Service may amend these Terms in accordance with the "Act on the Consumer Protection in Electronic Commerce," "Act on the Regulation of Terms and Conditions," "Electronic Document and Electronic Transaction Act," "Electronic Financial Transactions Act," "Electronic Signatures Act," "Act on Promotion of Information and Communications Network Utilization and Information Protection," "Act on the Regulation of Visiting Sales," and "Framework Act on Consumers," as long as it does not violate the relevant laws.
When the Web Service amends the Terms, it must specify the effective date and reasons for the amendment and notify users of the changes on the initial screen of the Web Service at least 7 days before the effective date. However, if the amendment is disadvantageous to users, a minimum notice period of 30 days is required. In this case, the Web Service will clearly compare and display the terms before and after the amendment to make it easy for users to understand.
When the Web Service amends the Terms, the revised Terms will apply only to contracts entered into after the effective date. Contracts made before the effective date will continue to be governed by the previous version of the Terms. However, if a user who has already entered into a contract wishes to be bound by the revised Terms, they must notify the Web Service of their intention within the notice period specified in paragraph 4, and if the Web Service agrees, the revised Terms will apply.
Matters not specified in these Terms and the interpretation of these Terms will be governed by the "Act on the Consumer Protection in Electronic Commerce," "Act on the Regulation of Terms and Conditions," the consumer protection guidelines for electronic commerce prescribed by the Fair Trade Commission, and other relevant laws or customary practices.
Article 4 (Provision and Change of Services)
The Web Service performs the following tasks:
- Provides information about goods or services and concludes purchase contracts.
- Delivers the goods or services for which a purchase contract has been concluded.
- Performs other tasks as determined by the Web Service.
The Web Service may change the content of goods or services to be provided under future contracts due to factors such as stock shortages or changes in technical specifications. In such cases, the Web Service will promptly notify users of the changed content and delivery date of the goods or services by posting the updated information in place of the current content.
If the Web Service changes the content of the service agreed upon with the user due to stock shortages or changes in technical specifications, it will promptly notify the user of the reason for the change to the user's address.
In the case described in the preceding paragraph, the Web Service will compensate the user for any damages incurred. However, this does not apply if the Web Service proves that there was no intentional misconduct or negligence.
Article 5 (Suspension of Services)
The Web Service may temporarily suspend the provision of services in the event of maintenance, replacement, or failure of computer or other information and communication facilities, or if there is a communication disruption.
The Web Service will compensate for any damages incurred by users or third parties due to the temporary suspension of services as described in paragraph 1. However, this does not apply if the Web Service proves that there was no intentional misconduct or negligence.
If the Web Service is unable to provide services due to reasons such as a change in business type, business abandonment, or merger with other companies, it will notify users using the method specified in Article 8 and compensate consumers according to the original conditions presented by the Web Service. However, if the Web Service does not notify users of compensation criteria, it will provide users with the equivalent value of mileage or points in cash or tangible goods according to the value of the Web Service's currency.
Article 6 (Membership Registration)
Users may apply for membership by filling out the required information on the membership registration form provided by the Web Service and expressing their agreement to these terms and conditions.
The Web Service will accept the membership application unless any of the following conditions apply:
- The applicant has previously lost membership status under Article 7, Paragraph 3 of these terms, unless three years have passed since the loss of membership and the Web Service has granted re-registration.
- The registration details contain false information, omissions, or errors.
- There are technical issues that significantly hinder the registration process.
The membership registration contract is considered established when the Web Service's acceptance reaches the applicant.
Members must update and notify the Web Service of any changes to the information registered during membership registration within a reasonable period.
Article 7 (Membership Withdrawal and Loss of Qualification)
Members may request to withdraw from membership at any time, and the Web Service will process the withdrawal immediately.
The Web Service may limit or suspend a member's qualification in the following cases:
- Providing false information during the membership application process.
- Failing to pay for goods purchased or other financial obligations within the due date.
- Interfering with others' use of the Web Service or threatening e-commerce order by using someone else's information.
- Engaging in activities prohibited by law or these terms, or actions contrary to public morals.
If a member's qualification has been limited or suspended by the Web Service and the same reasons are repeated more than twice or are not corrected within 30 days, the Web Service may revoke the member's qualification.
If the Web Service revokes a member’s qualification, it will cancel the member's registration. The Web Service will notify the member and provide at least 30 days before the cancellation to allow the member an opportunity to explain.
Article 8 (Notification to Members)
When the Web Service provides notifications to members, it may do so by sending to the email address previously designated by the member and agreed upon with the Web Service.
For notifications to an unspecified large number of members, the Web Service may replace individual notifications by posting on the Web Service’s bulletin board for at least one week. However, for matters that have a significant impact on individual members' transactions, the Web Service will provide individual notifications.
Article 9 (Purchase Application and Consent to Provide Personal Information)
Users of the Web Service apply for purchases through the following or similar methods, and the Web Service must clearly provide the following information when users make a purchase application:
- Search and selection of goods or services
- Input of recipient's name, address, phone number, email address (or mobile phone number)
- Confirmation of terms and conditions, information about services with restricted withdrawal rights, delivery charges, and installation fees
- Agreement to these terms and conditions and indication of whether they accept or reject the items mentioned above (e.g., mouse click)
- Confirmation of the purchase application and agreement to the Web Service's confirmation
- Selection of payment method
If the Web Service needs to provide the buyer's personal information to a third party, it must inform the buyer of the following details and obtain their consent:
- The recipient of the personal information
- The purpose for which the recipient will use the personal information
- The items of personal information to be provided
- The period for which the recipient will retain and use the personal information
If the Web Service outsources the handling of buyers' personal information to a third party, it must inform the buyer of the following details and obtain their consent:
- The third party to whom personal information handling is outsourced
- The details of the outsourced personal information handling
However, if it is necessary for the performance of a service contract and related to improving the convenience of the buyer, the Web Service may omit the notification and consent process by notifying through its privacy policy as stipulated in the "Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.".
Article 10 (Formation of Contract)
The Web Service may refuse to accept a purchase application that falls into any of the following categories. However, when contracting with a minor, it must notify that the minor or their legal representative can cancel the contract if the minor does not obtain the consent of the legal representative:
- There is false information, omissions, or errors in the application details
- The minor is purchasing goods or services prohibited for minors under laws such as the Juvenile Protection Act
- Other cases where accepting the purchase application is deemed to significantly hinder the Web Service's technical operations
A contract is considered to be formed when the Web Service's acceptance reaches the user in the form of a confirmation notice as stipulated in Article 12, Section 1.
The Web Service's acceptance of the purchase application must include information about the confirmation of the user's purchase request, availability of the goods or services, and any corrections or cancellations to the purchase application.
Article 11 (Payment Methods)
Payment for goods or services purchased on the Web Service can be made using any of the following available methods. However, the Web Service cannot charge any additional fees under any name for the payment method chosen by the user:
- Various types of account transfers such as phone banking, internet banking, and mail banking
- Payment by various types of cards, including prepaid cards, debit cards, and credit cards
- Online bank transfers without a bank account
- Payment by electronic money
- Payment upon receipt
- Payment using mileage or points provided by the Web Service
- Payment using vouchers that the Web Service has contracted with or recognized
- Payment by other electronic methods
Article 12 (Receipt Confirmation Notice, Changes, and Cancellations of Purchase Requests)
The Web Service will issue a receipt confirmation notice to the user upon receiving a purchase request.
Upon receiving the receipt confirmation notice, if the user finds any discrepancies or issues with the statement of intent, they may request changes or cancellations immediately. The Web Service must promptly process such requests if made before delivery. However, if payment has already been made, the provisions related to withdrawal of the purchase in Article 15 will apply.
Article 13 (Supply of Goods)
Unless otherwise agreed upon regarding the timing of supply, the Web Service will take necessary measures such as order production and packaging to deliver the goods within 7 days from the day the user places the order. If the Web Service has already received all or part of the payment for the goods, it will take the necessary measures within 3 business days from the receipt of the payment. At this time, the Web Service will take appropriate measures to allow the user to check the supply process and progress of the goods.
The Web Service will specify the delivery method, the party responsible for delivery costs for each method, and the delivery period for each method for the goods purchased by the user. If the Web Service exceeds the agreed delivery period, it must compensate the user for any resulting damages. However, this does not apply if the Web Service proves that there was no intent or negligence on its part.
Article 14 (Refunds)
- If the Web Service is unable to deliver or provide the goods due to reasons such as stock shortages, it will promptly notify the user of the reason and, if payment for the goods has been received in advance, will either refund the payment or take necessary measures for the refund within 3 business days from the date of receipt of the payment.
Article 15 (Cancellation of Purchase and Returns)
Users who have entered into a contract for the purchase of goods from the Web Service may cancel their purchase within 7 days from the date of receipt of the written contract details as specified in Article 13(2) of the "Act on the Consumer Protection in Electronic Commerce." If the delivery of the goods occurs later than the receipt of the written contract, the 7-day period starts from the day the goods are received or the day the supply of goods begins. However, if the law stipulates otherwise regarding cancellation, such provisions shall apply.
Users cannot return or exchange goods in the following cases:
- When the goods are lost or damaged due to reasons attributable to the user (however, if the packaging is damaged to inspect the contents of the goods, cancellation is allowed).
- When the value of the goods significantly diminishes due to the user's use or partial consumption.
- When the value of the goods significantly diminishes to a degree where resale is difficult due to the passage of time.
- When the packaging of the goods, which can be replicated by goods of the same performance, is damaged.
If the Web Service has not clearly indicated in advance that cancellation and returns are restricted, or if the Web Service has not provided trial products, the restrictions on cancellation and returns under Subparagraphs 2 through 4 of Paragraph 2 do not apply.
Notwithstanding Paragraphs 1 and 2, users may cancel their purchase within 3 months from the date they received the goods, or within 30 days from the date they knew or could have known that the goods differed from the content of advertisements or the contract, if the goods are not as described in advertisements or do not meet the contract terms.
Article 16 (Effects of Cancellation, etc.)
The Web Service must refund the payment for the goods within 3 business days after receiving the returned goods from the user. If the Web Service delays the refund, it must pay delay interest for the period of delay, calculated at the rate specified in Article 21-2 of the Enforcement Decree of the "Act on the Consumer Protection in Electronic Commerce."
When refunding the payment, if the user paid using a credit card or electronic money, the Web Service must promptly request the relevant service provider to stop or cancel the billing for the goods.
In the case of cancellation, the user is responsible for the cost of returning the goods. The Web Service will not charge the user any penalty or damages for cancellation. However, if the goods differ from the description or do not meet the contract terms, the Web Service will bear the cost of returning the goods.
If the user paid for shipping when receiving the goods, the Web Service must clearly specify who will bear the shipping cost in the event of cancellation.
Article 17 (Personal Information Protection)
The Web Service collects only the minimum amount of personal information necessary for providing its services.
The Web Service does not collect information needed for the performance of purchase contracts at the time of membership registration. However, if required for compliance with relevant laws, the Web Service may collect specific personal information for identity verification.
The Web Service will notify users of the purpose for collecting or using personal information and obtain their consent.
The Web Service will not use collected personal information for purposes other than the original intent. If new purposes arise or if personal information is to be provided to a third party, the Web Service will notify the user of the purpose and obtain consent. Exceptions apply if stipulated by relevant laws.
When obtaining consent from users, the Web Service will specify or notify users of the following in accordance with Article 22, Paragraph 2 of the "Act on Promotion of Information and Communications Network Utilization and Information Protection":
- Identity of the personal information management officer (affiliation, name, phone number, and other contact information)
- Purpose of information collection and use
- Information regarding provision to third parties (recipient, purpose, and content of provided information) Users may withdraw their consent at any time.
Users may request to view or correct their personal information held by the Web Service at any time, and the Web Service is obliged to take necessary actions without delay. If a user requests a correction, the Web Service will not use the information until the correction is made.
The Web Service will limit the number of individuals handling personal information to a minimum and will take full responsibility for any damages resulting from loss, theft, leakage, unauthorized third-party provision, or tampering of personal information, including credit card and bank account details.
The Web Service or any third parties receiving personal information will promptly destroy the information once the collection purpose or the purpose for which it was provided has been achieved.
The Web Service will not pre-select consent checkboxes for the collection, use, or provision of personal information. It will specifically state the services limited if users refuse consent. Furthermore, refusal to consent to non-essential information collection, use, or provision will not restrict or deny service provision or membership registration.
Article 18 (Obligations of the Web Service)
The Web Service shall not engage in activities prohibited by laws or regulations or contrary to public morals, and shall make every effort to provide goods and services continuously and reliably in accordance with these Terms and Conditions.
The Web Service must establish a security system to protect personal information (including credit information) so that users can safely use the internet services.
If the Web Service engages in unfair advertising practices as defined in Article 3 of the "Act on Fair Labeling and Advertising," causing damage to users, it is responsible for compensating the damages.
The Web Service will not send unsolicited commercial electronic mail for profit purposes to users who do not wish to receive such communications.
Article 19 (Member’s Responsibilities for ID and Password)
Except for the cases specified in Article 17, the responsibility for managing the ID and password lies with the member.
Members must not allow a third party to use their ID or password.
If a member becomes aware that their ID or password has been stolen or is being used by a third party, they must immediately notify the Web Service and follow the instructions provided by the Web Service.
Article 20 (User Obligations)
Users must not engage in the following activities:
- Providing false information during application or changes.
- Using another person's information without authorization.
- Altering information posted on the Web Service.
- Transmitting or posting information other than that specified by the Web Service (such as computer programs).
- Infringing on the copyright or other intellectual property rights of the Web Service or third parties.
- Damaging the reputation of or interfering with the operations of the Web Service or third parties.
- Posting or disclosing obscene, violent, or otherwise inappropriate messages, images, sounds, or information that contravenes public morals and standards.
Article 21 (Relationship Between Linked and Linking Websites)
When a higher-level website (linking website) is connected to a lower-level website (linked website) through methods such as hyperlinks (which may include text, images, videos, etc.), the former is referred to as the linking website, and the latter is referred to as the linked website.
The linking website is not responsible for the goods or services independently provided by the linked website if it explicitly states on its initial screen or a pop-up screen at the time of linking that it does not guarantee the transactions conducted with the linked website. In such cases, the linking website is not liable for any guarantees related to those transactions.
Article 22 (Copyright Ownership and Usage Restrictions)
Copyrights and other intellectual property rights for materials created by the "website" belong to the "website."
Users must not use information obtained through the "website," for which the "website" holds intellectual property rights, for commercial purposes such as reproduction, transmission, publication, distribution, broadcasting, etc., or allow third parties to use it, without prior consent from the "website."
If the "website" uses copyrights that are vested in users according to agreements, it must notify the respective users.
Article 23 (Dispute Resolution)
The "website" establishes and operates a compensation processing organization to reflect legitimate opinions or complaints from users and compensate for damages.
The "website" prioritizes handling complaints and opinions submitted by users. However, if prompt handling is difficult, the "website" must immediately notify the user of the reason and the schedule for processing.
In cases where a user requests remedy for damages related to e-commerce disputes with the "website," the user may seek mediation from the Fair Trade Commission or a dispute resolution agency designated by the local government.
Article 24 (Jurisdiction and Governing Law)
Lawsuits related to e-commerce disputes between the "website" and users will be under the exclusive jurisdiction of the local district court where the user's address is located at the time of filing. If the user's address is not available, the jurisdiction will be the district court responsible for the user's residence. If the user's address or residence is unclear at the time of filing or if the user is a foreign resident, the lawsuit will be filed in the court as per the Civil Procedure Act.
Korean law applies to e-commerce lawsuits filed between the "website" and users.