TERMS AND CONDITIONS FOR USE
CHAPTER I. GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of these terms and conditions for use (hereinafter referred to as “the Terms and Conditions”) is to provide for, in detail, any and all matters on the Membership terms and the use of internet-related services (http://www.inavi.com, www.thinkware.com, hereinafter referred to as “Inavi” or “the Service”) as provided by Thinkware Corporation (hereinafter referred to as “the Company”) to its customers (hereinafter referred to as “the Member”), and any other necessary matters.
Article 2 (Definition)
(1) For the Terms and Conditions, the following words shall have the meaning below:
– “The use agreement” refers to any and all agreements, including the Terms and Conditions, to be made and entered into by and between the Company and the Member in connection with the use of the Service.
– “Member” refers to a user who consents to the Terms and Conditions and uses the Service.
– “User ID” refers to the combination of unique letters and numbers that the Company gives to each Member upon request of the Member for the identification in and the use of the Service.
– “Password” refers to the combination of unique letters and numbers that the Member creates to verify their identification based on the user ID and registers with the Company.
– “Terminal” refers to personal computers, PDAs, cellular phones and navigation devices, etc., that the Member uses to access the Service.
– “Operator” refers to a person as designated by the Company for the overall management and smooth operation of the Service.
– “Termination” refers to the termination of the use agreement by the Company or the Member.
(2) Words used in the Terms and Conditions, as not defined in the foregoing paragraph, shall be determined by the relevant laws and the information on each service, or general practices.
Article 3 (Validity and Change of the Terms and Conditions for Use)
(1) The Terms and Conditions shall be publicly announced online through Inavi, and shall enter into force by obtaining the consent of the Member and the approval of the Company. Upon the occurrence of reasonable causes, the Company may amend the Terms and Conditions to the extent not breaching the relevant laws. The amended Terms and Conditions shall enter into force after being publicly announced through Inavi in accordance with justifiable procedures.
(2) The Member shall regularly visit Inavi and confirm the change of the Terms and Conditions. The Company shall not be liable for the Member suffering damage caused by his/her unawareness of such change.
(3) The Member who does not consent to the changed Terms and Conditions may request a withdrawal of (or terminate) Membership.
Article 4 (Rules Other than the Terms and Conditions)
The Company may, if necessary, establish individual terms and conditions or the operating principle applicable to each item of the Service (hereinafter referred to as the “information on each service”). Upon conflict between the Terms and Conditions and the information on each service, the information on each service shall prevail.
CHAPTER II. CONCLUSION OF THE USE AGREEMENT
Article 5 (Establishment of the Use Agreement)
(1) The use agreement shall be established in case where the user consents to the matters as stipulated by the use agreement and applies for use, and where the Company accepts such application for use.
Article 6 (Application for Use of the Service)
(1) The user who desires to use the Service after signing up for Membership shall provide any and all information (user ID, password, name, contact details, email address, etc.) as requested by the Company.
(2) Only the Member providing his/her own personal information may use the Service. When the Member does not register his/her authentic information, steals another person’s information, or registers false information, etc., he/she shall not claim any rights in connection with the use of the Service and may be punished in accordance with the relevant laws.
(3) The user may become the Member only by registering his/her own information. The Company may confirm whether such registered information belongs to the Member. In this case, the Member shall actively cooperate with such confirmation by the Company, and if failing to cooperate, the Company may treat such registered information as an unjustifiable matter.
(4) The Company may classify the Member and differentiate the hours and the number of usage sessions for the Service and the menu of the Service, etc., available to each Member, in accordance with such classification.
Article 7 (Protection and Use of Personal Information)
(2) In the following cases, the Company may provide a third party with the personal information of the Member to the extent permitted by the laws:
– Where the investigation agency or other governmental agency requests the information;
– Where it is necessary for the protection of the information, such as confirmation of wrongful acts, including the Member’s breach of the laws or the Terms and Conditions, etc.;
– Any other cases required by the laws.
Article 8 (Acceptance and Limitation of Application for Use)
(1) Upon application for use pursuant to Articles 5 and 6, the Company shall accept such application in the order of receipt unless there exists any impediment in the course of performing the duties or in technology.
(2) In the following cases, the Company may withhold acceptance:
– Where the application is not made based on the authentic information of the user concerned;
– Where the application is made to breach the laws or to disrupt the social stability and order and public morals;
– Where the user intends to use the Service by unjust means;
– Where the user intends to use the Service for a profit-making purpose;
– Where the user competing with the Service applies for use;
– Where the user whose use agreement was terminated because of his/her breach of the laws or the Terms and Conditions applies for use;
– Where the application is made in a manner that breaches any and all matters as stipulated.
(3) When the application for use of the Service falls under any of the following subparagraphs, the Company may withhold acceptance until a resolution of reasons for limiting such acceptance:
– Where the Company does not have sufficient facilities;
– Where the Company has technical problems;
– Where the Company has difficulty in accepting the use due to its own fault.
(4) When the customer applying for use of the Service is a minor pursuant to the relevant laws, the Company may withhold acceptance in accordance with the information on each service.
(5) When any of the reason under paragraph (2) is discovered after the completion of the Membership procedures, the Company may withdraw its acceptance on the use of the Service.
Article 9 (Granting and Changing of User ID, Etc.)
(1) The Company shall give the user ID to the Member in accordance with the Terms and Conditions.
(2) The user ID shall not be changed. However, if the Member intends to change his/her ID because of an unavoidable reason, the Member shall terminate the ID concerned and sign up for Membership again.
(3) Inavi’s user ID may be connected to the member ID of the sites operated by the Company or its subsidiaries, if the member concerned consents to such connection.
(4) In the following cases, the user ID may be changed or suspended upon request of the Member or by the authority of the Company:
– Where the user ID is registered by telephone number or resident registration number, etc., thus threatening the invasion of privacy;
– Where the user ID is offensive to others or corrupts public morals;
– Where the user ID is identical to, or is confused with the name of the Company, the name of the Service of the Company, or the name of the operator of the Service, etc.;
– Other reasonable reasons.
(5) It shall be the responsibility of the Member to manage the user ID and password. Accordingly, the Member shall be held liable for any damage that arises while using the Service because of his/her negligence in such management, or for any illegal use of the Service by a third party. The Company shall not take any responsibility therefor.
(6) The matters on the management and change, etc., of the personal information of the Member, etc., shall be determined by the information on each service.
CHAPTER III. OBLIGATIONS OF THE CONTRACTUAL PARTIES
Article 10 (Obligations of the Company)
(1) Unless there exist special circumstances, the Company shall make the Service available to the Member on the date of commencement as desired by the Member.
(2) In the event of malfunction or destruction of facilities, the Company shall, without delay, repair or restore such facilities to provide the Service in a continuous and stable manner, unless there exist unavoidable circumstances.
(4) When opinions or complaints from the Member are deemed justifiable from an objective perspective, the Company shall deal with such opinions or complaints in accordance with the proper procedures, provided that there is difficulty in promptly dealing with the opinions or complaints, the Company shall notify the Member concerned of the reason and the disposition schedule thereof.
Article 11 (Obligations of the Member)
(1) Upon signing up for Membership or a change of Membership information, the Member shall fill out an application with his/her authentic information based on the fact. If registration is made with false or another person’s information, the Member concerned shall not claim any and all relevant rights.
(2) The Member shall comply with the Terms and Conditions, any and all regulations and notices of the Company, and the relevant laws. The Member shall not carry out any activities that interfere with the business of the Company, harm the reputation of the Company, and cause damage to others.
(3) Upon change of the matters as listed in the use agreement, such as address, contact details, email address, etc., the Member shall notify the Company of such change immediately in accordance with the procedures concerned.
(4) The Member shall not carry out business activities by using the Service, without a prior approval of the Company, and the Company shall not be liable for the results of such activities. Should the Company sustain loss or damage that arise from such business activities, the Member shall be liable to compensate the Company for damages, and the Company may claim damages, etc., from the Member in accordance with legal procedures, including a restriction of the use of the Service by the Member concerned.
(5) Without the explicit consent of the Company, the Member shall not assign, donate, or offer as security the right to use the Service and other status under the use agreement.
(6) The Member shall not transmit or post information (including computer programs) as prohibited from being transmitted or posted in accordance with the relevant laws.
(7) The Member shall not post messages or send mails by pretending to be or impersonating an employee of the Company or the operator, or by borrowing another person’s identity.
(8) The Member shall neither infringe any and all rights of the Company and a third party, including the intellectual property rights, nor carry out the activities falling under any of the subparagraphs of Article 18.
CHAPTER IV. USE OF THE SERVICE
Article 12 (Service Hours)
(1) Unless there exist special problems in business or the technology of the Company, the Service shall be available for 24 hours a day, all year round, provided that the Company may suspend the Service on such a day or for such hours as designated by the Company due to regular system checks, extension or change of the system, with the scheduled system suspension being notified in advance through Inavi.
(2) Upon the occurrence of unavoidable circumstances, such as urgent system checks, extension or change of the system, malfunction of the facility, overload of service utilization, national emergencies and blackouts, etc., the Company may suspend all or part of the Service, without prior notification.
(3) The Company may, if it deems necessary for the operation of the Service, such as service restructuring, etc., suspend provision of all or part of the Service after giving prior notification to the Member.
Article 13 (Postings of the Member, Etc.)
(1) Postings refer to writings, photos, various files, links, etc., that the Member posts by using the Service.
(2) In the event that postings, etc., as registered by the Member with the Service inflict any damage or other problems on the Member himself/herself or others, the Member shall be liable for such damage or problems. In this case, the Company shall not take any responsibility therefor unless there exist special circumstances.
(3) The Company may suspend, modify, delete, move, or refuse to register postings, etc., without prior consent of the Member in case where the postings fall under the following:
– Include contents that severely insult or ruin the reputation of another Member or a third party;
– Disseminate or link the contents that disrupt public order and morals;
– Promote illegal reproduction or hacking;
– Include advertisements for a profit-making purpose;
– Include contents objectively deemed to be involved in a crime;
– Include contents that infringe upon the copyright and other rights of another user or a third party;
– Constitute personal political judgments or religious opinions that are deemed by the Company as not appropriate for the nature of the Service;
– Breach the posting principles as stipulated by the Company, or do not agree with the nature of the bulletin board;
– Other cases deemed to breach the relevant laws.
(4) Upon the request from a third party for suspension of postings due to defamation and infringement of rights, including intellectual property rights, etc., the Company may suspend putting (or transmitting) the posting concerned and shall comply with the results as received by the Company with respect to legal actions or agreements between the requesting party and the register of posting and other similar decisions of the relevant agency.
(5) Should postings, etc., be suspended, the Member registering such postings may request the Company to resume putting (or transmitting) the posting concerned. When the Member fails to request such resumption within three (3) months from the suspension, the Company may delete the postings concerned.
Article 14 (Copyright on Postings)
(1) The intellectual property rights, including copyright, on the postings or works prepared by the Company shall belong to the Company.
(2) The copyright on postings written by the Member within the Service shall belong to the Member concerned, provided that the Company may use the postings as registered by the Member, free of charge, without a separate permission of the Member, for the purpose of operation, exhibition, transmission, distribution, and publicity of the Service, to the reasonable extent that agree with the fair practices pursuant to the Copyright Act as follows:
– Within the Service, reproduce, modify, remodel, exhibit, transmit, or distribute the Member’s postings, and prepare compiled works, to the extent not impairing the copyright ability thereof;
– Provide the contents of the Member’s postings to associate partners, such as media and news agencies, etc., in order for such postings to be exhibited or advertised, provided that the Company shall not provide the personal information of the Member, other than the user ID, without a separate consent;
– Among the contents of the postings, factual matters without creativity, such as addresses, telephone numbers, company names, etc., shall not be subject to copyright or other intellectual property rights.
(3) Where intending to use the postings of the Member by means other than described in the foregoing paragraph, the Company shall obtain a prior consent of the Member by telephone, fax, e-mail, etc.
(4) Upon termination by the Member of the use agreement, the postings recorded in his/her account shall be deleted, provided that this shall not apply to the postings that are re-posted by means of storage or posting, etc., by another person or is provided by combining reproduced posting with the postings of another person, or are registered in the public bulletin board.
Article 15 (Provision of Information)
(1) The Company may, if it deems necessary for the use of the Service, provide various information to the Member by e-mail, letter, mail, SMS or telephone, etc.
(2) For the purpose of improving the Service and introducing the Service to the Member, the Company may collect additional personal information with the consent of the Member in accordance with the relevant laws.
Article 16 (Usage of Points)
(1) The Company may give points (credits in the Company, which are given by the Company to the Member in accordance with stipulated terms and conditions and can be used as cyber money. Hereinafter referred to as “the Points”) to the Member.
(2) The Company may separately decide and enforce the detailed guidance on the methods of acquisition and use of the Points, and the Member shall comply with such guidance. When the Member uses a part of the total Points as given by the Company at different times and for different reasons, the Company shall decide and publicly announce the order of deduction of the Points or the expiration thereof.
(3) The Company may provide or receive the minimum information necessary for saving and usage of the Points by affiliated enterprises and the Member (ID, resident registration number, other information necessary for the identification of the Member, and in case of delivery of goods, name, address, and telephone number as necessary for delivery).
(4) When an illegal acquisition of the Points is confirmed, the Company may retrieve the Points from the Member concerned, delete the ID (unique number), and bring a criminal charge against the Member concerned, etc.
(5) Since July 30, 2009, the Company shall not grant any Points that have been given to the Member signing up for membership in return for his/her provision of the ID information of the recommender.
(6) Since August 1, 2012, the Company shall not grant any Points that have been given to the Member upon the registration of products.
(7) The Company shall terminate the existing point system on July 31, 2013.
CHAPTER V. TERMINATION OF THE AGREEMENT AND RESTRICTION OF USAGE
Article 17 (Change and Termination of the Agreement)
(1) The Member who desires to terminate the use agreement shall terminate his/her membership (withdraw from membership) by using the [My Navi] menu of the Service.
Article 18 (Restriction on Use of the Service)
In the event that the Member breaches Article 11 of the Terms and Conditions in connection with the use of the Service, or carries out, or falls under, any of the following subparagraphs, the Company may restrict the use of the Service, initialize the Service, terminate the use agreement, or take other appropriate measures:
– Act of registering unjust matters in the membership information; stealing the user ID, password, and other personal information of another person; or making transactions with or providing to another person the user ID;
– Act of disseminating to others, by means of transmission, posting, e-mail, or other means, vulgar or obscene contents that disrupt public order and morals, or information, sentences, figures, sounds or videos that defame the honor or invade the privacy of another person;
– Act of harassing or threatening other users; or continually causing pain or inconvenience to a specific user;
– Act of changing the Company’s client program without special rights granted by the Company; hacking the Company’s server; or changing all or part of the website or posted information at his/her own discretion;
– Act of reproducing, using for publication or broadcasting, etc., or providing to a third party information obtained through the Service, without a prior approval of the Company, for any purposes other than those for the use of the Service;
– Act of impeding the normal operation of the Service by impersonating the management, employee, or person concerned, or by intentionally interfering with the Service, etc.;
– Upon request for correction by the public institutions concerned, such as the Korea Internet Safety Commission, etc.; or
– Act of breaching any and all regulations established by the Company, including the Terms and Conditions; or doing something objectively deemed to be involved in a crime in violation of any and all laws.
CHAPTER VI. COMPENSATION FOR DAMAGE AND MISCELLANEOUS
Article 19 (Compensation for Damage)
(1) Where inflicting any loss or damage on another party by intention or negligence in connection with the use of the Service, the Company and the user shall compensate the other party for such loss or damage.
Article 20 (Indemnification)
(1) Should the Company fail to provide the Service due to an act of God, war, suspension of the Service by the key telecommunications business operator and other force majeure similar thereto, the Company shall be exempt from the responsibility of providing the Service.
(2) The Company shall be exempt from the responsibility for any loss or damage arising from the repair, replacement, regular checks, construction works of the facilities for the Service, and other unavoidable reasons.
(3) In the event that loss or damage arises due to any error of the Member’s computer, or to poor entries made by the Member of his/her personal information or e-mail address, the Company shall not be held liable therefor.
(4) The Company shall neither be liable for the Member’s failure to make expected profits or for the Member’s loss of profits, through the use of the Service, nor be liable for any loss or damage arising from the materials obtained in the course of using the Service.
(5) The Company shall not be liable for various information, materials, reliability and accuracy of the facts, and other substance matters that are posted by the Member in connection with the Service. The Company shall not be obligated to intervene in disputes arising between the Members or between the Member and a third party, in connection with the Service, and shall bear no responsibility of compensation for any damage arising therefrom.
(6) The Company shall not be obligated to inspect, in advance, postings of the Member before registration, or to verify or examine the contents of the postings of the Member at all times, and shall bear no responsibility for the results thereof.
Article 21 (Notice)
(1) Upon notification to the Member, the Company may give a notice by e-mail (sent to the e-mail address as registered by the Member with the Company) or short message service (SMS).
(2) Upon notification to multiple and unspecified persons, the Company may post notices on the bulletin board for not less than seven (7) days, in lieu of individual notices.
Article 22 (Jurisdiction and Governing Law)
(1) The matters as not specified in the Terms and Conditions shall be determined by Korea’s relevant laws, such as the Telecommunications Business Act, etc., and business practices.
(2) In connection with the Service, the Terms and Conditions and the policies as separately established by the Company shall apply to the Members who subscribed to a flat rate service or other charged services of the Company.
(3) Lawsuits brought forth for the disputes arising from the use of the Service shall be subject to the Seoul Central District Court of the Republic of Korea.