Website’s Policies
we provide digital security system based on network, video image technology in order to
protect people's safety and comfort from potential risk, danger, etc...
- Agreement to these Terms and Conditions constitutes execution of an agreement for use of the udworks purchasing service between udworks Inc.
(the "Company? and the purchaser who buys products through the real-time electronic commerce system (the "System? provided by the Company.
Any transaction executed through the udworks Purchasing Service is governed by the laws of the Republic of Korea
("Korea? and any statement herein with regard to time, period and place is based upon the time, period and place of Korea.
· Terms and Conditions for Use of udworks Purchasing Service
- The purpose of these Terms and Conditions is to set forth the rights, obligations and responsibilities between the Company and the purchaser using
the System developed and provided by the Company.
· Article 1 (Purpose)
The terms used herein shall have the following meaning:
1) “udworks means the Company, the System provided to purchasers for free transaction of items or services, and the website for operation of the System.
2) “Member(s) means those who have registered their personal information with udworks to join as members of udworks and who are entitled
to use the information and services provided by udworks.
3) “Member I.D.?means the English letters, numbers or combination of English letters and numbers chosen and registered with the Company
by Members for purposes of identification and use of udworks services.
4) “Password?means the English letters, numbers or combination of English letters and numbers chosen and registered with the Company by Members
to verify their identity and protect their rights, interests and confidential information.
5) “Operator?means the person appointed by the Company to be responsible for management and smooth operation of the udworks services.
6) “Escrow Service?means the service of placing the purchase price for the product in escrow for certain time to protect the purchaser’s payment.
· Article 2 (Definitions)
- 1. The Company provides the development and operation services of an E-Commerce Platform, the list of which is as follows:
i)Purchase support.
ii)Contract execution and transaction security support.
iii)Other electronic commerce transaction related services.
2. The Company only develops and provides tools that enhance the security and reliability of transactions between sellers and buyers.
The Company does not sell items to buyers nor buys items from sellers.
· Article 3 (Types of udworks Services)
- The Company only operates, manages, and provides a system for freely trading items or services between sellers and buyers and is not an agent
of seller or buyer. Responsibilities relating to transactions among members and information provided by members must be borne solely
by the relevant members.
· Article 4 (No Agency)
- In connection with the transactions between the sellers and buyers through udworks, the Company does not guarantee the existence and genuineness
of the intent to sell or buy, the quality, completeness, safety, and legality of the registered items, non-infringement of third party rights,
or the truthfulness or legality of the information entered by the sellers or buyers and data posted on the URL linked to the information entered
by the sellers or buyers. The relevant member bears all risks and responsibilities relating to such transactions.
· Article 5 (No Guarantee)
- 1. The Terms and Conditions, the name, location, name of representative, business registration number, telecommunication sale business registration number
and contact points (telephone and fax numbers and e-mail address) of the Company are posted on the homepage of the Company’s website
2. The Company may amend the Terms and Conditions to the extent permitted under the Regulation of Standardized Contracts Act, the Framework Act
on Electronic Commerce, the Digital Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection,
the Act on Consumer Protection in Electronic Commerce Transactions and any other relevant laws.
3. In the event of amendment of the Terms and Conditions, the effective date and the reasons for amendment are posted on the homepage of udworks,
together with the current Terms and Conditions, at least one day before the effective date.
· Article 6 (Disclosure, Effect and Amendment of the Terms and Conditions)
- 1. Matters not provided for in the Terms and Conditions shall be governed by the Act on Consumer Protection in Electronic Commerce Transactions
and other related laws and regulations and general commercial practices.
2. For transactions executed through the udworks purchasing service, the Act on Consumer Protection in Electronic Commerce Transactions
and other relevant laws and regulations shall primarily apply to the parties to the transactions, and the parties may not claim indemnification or
exemption under the Terms and Conditions.
3. If necessary, the Company may set out terms that apply to specific services (“Individual Terms? and notify them in advance through udworks.
4. If necessary, the Company may set out specific terms that apply to the use of general services (“Use Policy? and notify them in advance through udworks.
5. Any change in the Individual Terms under paragraph 3 and the Use Policy under paragraph 4 shall be notified seven days before the effective date
of such change. 6. Members are responsible for reviewing the Individual Terms and the Use Policy to check for any notices of change..
· Article 7 (Governing Laws)
- 1. The udworks Purchasing Service Use Contract (the “Use Contract? is deemed executed upon the Company’s approval of the application by a person
who desires to use the udworks Purchasing Service.
2. An application for execution of the Use Contract is made if the person wishing to use the udworks Purchasing Service completes the on-line form provided
by the Company and consents to the Terms and Conditions.
3. Admission to membership is effective at the time the approval from the Company is received by the member. Applications are handled in the order filed.
4. The Company may withhold its approval of an application in the following cases, among others:
1) Lack of facility capacity;
2) Technical difficulty;
3) False statement, omission or miswriting in the registered information;
4) Reapplication within two months from the Company’s termination of the Use Contract; 5)At the Company’s reasonable discretion.
· Article 8 (Execution of the udworks Purchasing Service Use Contract)
- 1. In the event of change in any matter stated at the time of application, members must immediately update his or her information, except for the name, I.D.
and resident registration I.D. number, which may not be changed.
2. Any damages caused by the failure to update personal information shall be borne by the relevant member, and the Company shall not be held liable
for such damages.
3. The Company will not use the members?information for any purpose other than the provision of the udworks services nor disclose such information
to a third party without the relevant member’s consent, unless such provision or disclosure is required pursuant to applicable laws and regulations.
· Article 9 (Change of Personal Information)
1. Termination by members:
1) A member may terminate the Use Contract at any time by providing notice to the Company, provided, that the member has taken
the necessary actions to finalize any and all transactions at least seven days prior to the date of the termination notice.
2) A member shall be responsible for any consequences arising from the termination notice within said period, and upon termination of the Use Contract,
the Company may withdraw all benefits (e.g., loyalty points, etc.) given to the member.
3) If a member who has terminated the Use Contract desires to use the udworks service again, the member must obtain the Company’s prior approval.
2. Termination by the Company:
1) The Company may terminate the Use Contract in the event of occurrence or verification of the following:
a) infringement or damage upon the rights, reputation, credit or any other interest of the Company or any other member or breach of Korean laws
or item public order and morals;
b) obstruction of the proper processing of the udworks services provided by the Company;
c) failure to accumulate certain Credit Points specified under Article 11; or
d) circumstances in which the Company finds it necessary, in its judgment, to refuse the udworks services.
2) If the Company terminates the Use Contract, the Company will notify the member through e-mail, telephone or other means.
The Use Contract shall be terminated at the time when the Company notifies the members of its intent of termination.
3) If the Company terminates the Use Contract, these Terms and Conditions shall continue to apply with respect to transactions executed before the termination.
4) When the Use Contract is terminated pursuant to this Article, the Company may withdraw any benefits (e.g., loyalty points, etc.) given to the relevant member.
5) If the Use Contract is terminated pursuant to this Article, the Company may refuse to approve the members?re-application.
· Article 10 (Termination of the Use Contract)
- 1. The Company may evaluate the members credit to ensure safe and reliable transactions through the udworks service
and may restrict the services provided to the members based on the credit evaluation. For this purpose, the Company may give rewards and penalties
(“Credit Points? to the relevant member.)
2. The Credit Points will be given according to the member’s use record of the purchasing service and according to other criteria set forth in the Use Policy and announced to members.
· Article 11 (Management of Member Credit Points)
- 1. The Company may take any or all of the following measures against members who have violated the Terms and Conditions,
applicable laws and regulations or general commercial practices:
1) Deduction of Credit Points;
2) Withdrawal of all or part of the benefits (e.g., loyalty points) given by the Company;
3) Restriction on use of certain services;
4) Termination of the Use Contract; 5)Claim for damages
2. The Company will notify the relevant member by phone or e-mail prior to taking any measure specified above, but if the member cannot be reached,
or in cases of urgency, the Company may take the measure first and notify the member after the event. Credit Points may be deducted without notice.
3. Members may dispute the measures taken by the Company under this Article if they have grounds to do so.
· Article 12 (Management of Members)
- A purchase contract is executed when a seller accepts a buyer’s offer to purchase a given item based on the terms suggested by the seller.
· Article 13 (Execution of Purchase Contract)
- 1. The Company will provide methods for payment of the purchase price in cash, by credit card, or other means.
2. The buyer shall be responsible for any liability or disadvantage arising from the information entered by the buyer with respect to payment of the purchase price.
3. The Company may cancel the transaction if the purchase price is not paid within a certain time period after the order.
4. The Company may check whether the buyer is lawfully entitled to use the payment means used when paying the purchase price and may suspend
or cancel the transaction until the buyer’s right to such use is confirmed.
5. The purchase price the buyer has to pay is calculated in Korean Won, and, for the convenience of the buyers, the equivalent price in U.S. Dollars is posted next to the Korean Won price. The applicable exchange rate is determined by the Company.
6. The exchange rate stated in the foregoing provision is subject to change without prior notice, and, in case of cash payment, the price in U.S. Dollars is determined according to the exchange rate determined by the Company at the time the buyer expressed his/her intent to execute the purchase contract.
7. In case of cash payment, the payment price should include any and all fees charged by settlement service providers such as Paypal, Citibank or Resona
8. In case of credit card payment, the exchange rate and settlement service fee are determined by the relevant credit card company, not by the Company or service provider.
· Article 14 (Payment of Purchase Price)
- 1. The delivery period shall be from the day following the day on which payment receipt is confirmed to completion of delivery.
2. Public holidays, weekends and any other days during which delivery is impracticable due to a force majeure event are not included as part of the delivery period.
· Article 15 (Delivery)
- 1. A buyer may demand a refund or exchange of the purchased items within seven days after receipt of the delivery pursuant to Article 17
of the Act on Consumer Protection in Electronic Commerce Transactions, except in the following cases:
1) the item is lost or damaged due to causes attributable to the buyer;
2) the value of the item has notably decreased due to use or partial consumption by the buyer;
3) the value of the item has notably decreased due to passage of time so as to make resale difficult;
4) the packaging of a duplicable media product (e.g., software, CDs, DVDs, etc.) is damaged, unless the product itself has an original defect;
5) there are other reasonable grounds that preclude a buyer’s claim for refund or exchange.
2. The return delivery cost and necessary expenses for refund or exchange shall be borne by the liable party.
3. A seller who has designated the delivery company shall be liable for any damages incurred to the buyer due to any problem in delivery.
4. If the return invoice number is not indicated at the time of requesting a return, the return and refund may be delayed.
5. Refund upon return will be made after the seller has received the returned items and the reasons for return and the bearer of the cost of return has been confirmed, by immediate cancellation of the credit card transaction or, in case of cash settlement, refund into the cash balance with in two business days.
6. If the buyer is to pay for the cost of return, the refund may be delayed if the return cost is not paid.
7. Even if an exchange is requested, an exchange may not be possible if the seller has no stock for an exchange, and in such case,
the request will be processed as a return.
· Article 16 (Return/Exchange/Refund for Shipping Within Korea)
- 1. Return or exchange may be restricted for delivery to overseas pursuant to Article 17(2)5 of the Act on Consumer Protection in Electronic Commerce Transactions
and Article 21 of its Enforcement Decree.
2. Overseas delivery is divided into (a) a domestic delivery phase until the buyer’s items are delivered to a logistics center of a third party in business cooperation with the Company and (b) an overseas delivery phase until the items are delivered to the recipient through the overseas delivery network.
3. For overseas delivery, a purchase order may be cancelled depending on the status of delivery request. Return requested due to change of mind during delivery is limited to the phase of domestic delivery. Once an item has completed the domestic delivery phase and entered the overseas delivery phase, a return is not permitted unless the Company approves return or exchange due to an original defect in the delivered item.
4. A purchaser requesting the Company’s approval on return or exchange must prove the original product defect or other grounds for return or exchange
by submitting to the Company objective evidence. The cost and expenses for delivery in connection with the return or exchange must be initially paid by the buyer, but the purchase price and cost of delivery paid at the time of purchase will be refunded into the G-account of the buyer.
5. Even if the Company has approved the exchange or return, items may be returned only after the buyer has first contacted udworks’s customer service department and sent the item(s) from the local post office.
6. If the estimated cost of delivery paid at purchase is greater than the actual delivery cost, the difference will be refunded into the G-account cash balance account.
7. If the estimated cost of delivery paid at purchase is at least KRW 3,000 less than the actual delivery cost, the buyer must make an additional payment to complete the delivery. If the difference is not paid within ten days, the item may be returned to the seller and the cost of return delivery from
the Company’s warehouse to the seller will be deducted from the refund.
8. In the event of using overseas delivery service, the recipient is liable for all customs, taxes, duties and other cost imposed by the country to which the delivery is made.
· Article 17 (Return/Exchange/Refund for Overseas Delivery)
- 1. After the execution of the purchase contract and payment by the buyer, the Company pays the settled purchase price to the seller after deducting certain
system usage fees (i.e., transaction fee) if the buyer has received the purchased item or services from the seller. In case the buyer has not received
the purchased item or services, or the buyer has made a request for a return or refund to the seller after receiving the purchased item or service,
the Company returns the purchase price to the buyer.
2. The Company requests the buyer to notify the receipt of item or services within three business days from the receipt.
3. If the buyer fails to notify the Company of the receipt of the product in three business days, the Company may pay the purchase price to the seller for settlement.
· Article 18 (Payment Support Services)
- 1. The service period under these Terms and Conditions shall be from the date of application for use of the services until termination of the Use Contract.
2. The Company may temporarily suspend the services in the event of repair, inspection, replacement and malfunction of computers and other information and communication facilities and interruption of communication, in which case, the Company will announce the temporary suspension of service and the reasons thereof on the homepage of the Company’s website.
3. The Company may restrict or temporarily suspend the services if udworks’s services cannot be provided due to any force majeure event or any similar events beyond the Company’s control.
· Article 19 (Service Period and Suspension of Service)
- he Company has established and enforces a policy to protect the copyrights of copyright holders in connection with the provision of its services, and members must comply with the copyright policy of the Company.
· Article 20 (Copyright Policy)
- 1. The Company only provides a transaction system based on the udworks platform, and parties to a transaction shall be responsible in the event of any disputes
arising in connection with any transactions completed or attempted using the udworks transaction system.
2. Absent willful misconduct or gross negligence of the Company, the Company is not liable for any damages suffered by a member or a third party due to temporary suspension of the services pursuant to Article 18(2).
3. If the Company restricts or suspends services pursuant to Article 18(3), the Company is not liable on grounds of force majeure.
4. The Company shall not be held liable for any disruption or other interruption in connection with the operation of the company’s website due to any cause attributable to a member.
5. The Company shall not be held liable for any damages arising from a member’s disclosure or provision of his or her personal information to another.
· Article 21 (Disclaimer)
- Any legal proceedings brought in connection with disputes arising between the Company and any member from udworks services shall be submitted to the competent court having jurisdiction over the location of the head office of the Company.
· Article 22 (Jurisdiction)
- 1. The Company may, if necessary, change or suspend certain services (or part thereof) temporarily or permanently by providing advance notice on its website.
2. The Company and members may not transfer the rights and obligations under these Terms and Conditions to a third party without prior consent of the other party.
3. Agreements, memoranda of understanding and notices additionally executed between the parties and notices on udworks to members pursuant to changes in the Company’s policies, enactment and amendment of laws and regulations, and announcements and guidelines of public authorities shall constitute part of these Terms and Conditions.
· Article 23 (Others)
· Addendum
· Article 1 (Effective Date)
· These Terms and Conditions shall become effective as of May 27, 2009.
