Chapter 1 General Provisions
Article 1 Objectives
1. The purpose of this agreement is to regulate the use conditions and procedures, the rights and obligations of the company and user and other required matters of all services (all 'contents', including news articles, photos, images, illustrations, music files and video files, and other related services) provided by Century21 Realty(www.move2korea.com
) (hereinafter referred to as 'the company').
Article 2 Definition of Terms
1. Member: Person who has agreed to the terms of the service agreement with the company, and possesses an ID and password to the website to continuously use the information and services provided by the website.
2. Non-member: Person who uses the information and services provided by the website without applying as a member.
3. ID: Characters, numbers or a combination of characters and numbers chosen by the member to use the services and distinguish him or herself, which have been approved by the company.
4. Password: Characters, numbers or a combination of characters and numbers registered by the member to the company to confirm whether the ID belongs to the member.
5. Service: The action of serving as an agency that provides or the action of providing contents produced and processed to be electronic (digital) to enhance its utility and preservation. The contents include data or information expressed through signs, characters, sounds, voices, images or videos used in the information communications network as prescribed in Article 1, Clause 1, Section 1 of the Promotion of Information and Communication Network Utilization and Information Protection, Etc. Act on the online website of the company.
6. User Agreement: Agreement concluded by the company and member to get services.
7. Termination: The member canceling the contract after starting to use the services.
Terms not defined above shall conform to the usual practice and related laws.
Article 3 Validity and Changes of Agreement
1. The service shall be valid when members consent to the provisions of this agreement on the website and the company accepts this. Non-members shall be deemed to have consented to the agreement while accessing and using the website. When this agreement is to be changed, notification shall be made beforehand and the date it shall be effective shall be published 10 days before, along with the agreement before change and agreement after change, for users to check the changes easily.
2. This agreement shall be valid by notifying users online. The company has the authority to change the agreement within the scope that those not violating related laws, such as the law on online digital contents industrial development, law on consumer protection in e-commerce, and laws on the agreement, when there is important ground for sales, and the changed agreement shall be effective as the above clause.
Article 4 Supplement and Interpretation of Agreement
1. In the case of individual provision, the supplement and interpretation of this agreement shall be based on the individual provision, and others shall be based on the usual practice in e-commerce or other related laws, digital contents user protection guide set by the Minister of Information and Communications, law on regulation of the agreement, law on consumer protection in e-commerce, law on online digital contents industrial development, law on electric communications business, and law on information protection and information communications network promotion.
Article 5 Personal Information Protection Policy
1. The company may gather personal information of the member according to service use and during membership application, and the user must provide accurate information when applying for membership.
2. The company may not provide personal data acquired from the user during membership application to a third party. However, this shall be an exception in the following cases.
A. When required to calculate cost of service
B. When required to confirm the person in question to prevent misuse of ID
C. When inevitable according to the procedures determined by the related laws and other regulations
D. When used for statistics, public relations materials and academic research, when specific individuals cannot be discerned
3. The company can send statistics on personal information on all members or some members related to operations and use it within the scope in Clause 2 and send it to the members via email through the service.
4. If the company enters affiliates with the company below, the information of the member can be provided and used by the affiliation under consent by the member.
Affiliate website: To provide service on real estate, Century21 Realty(www.move2korea.com
) enters affiliation with CPM Nembers (http://www.cpmyongsan.com
The personal information provided to the affiliate includes name, resident registration number, phone number and e-mail.
5. User consent when using the personal information in Article 4 is deemed as consent to this agreement.
Chapter 2 Use of Service
Article 1 Membership Application
1. Use agreement shall be concluded by the user consenting to the contents of this agreement and personal information use policy, and the user applying for membership and the company accepting the application.
2. Those who want to use the service after becoming a member must provide accurate personal information when requested by the company.
Article 2 Restriction of Membership Application
1. The company shall not approve an application in the following cases:
A. When another person’s name has been used in the application.
B. When the information in the membership application is false.
C. When a person wants to use this service for illegal purposes.
D. When the applicant is under 18 years of age.
E. When the conditions for application set by the company are not met.
F. When the applier violates the law or provisions and has been disqualified for membership before.
Article 3 Use of Service and Restriction
1. Service shall be provided 24/7 around-the-clock if there is no particular problem, excluding inevitable technical reasons (repair and maintenance of information communications equipment, replacement or breakdown, cut off communications or natural disasters, irresistible forces, over access of website or power failure) or in the business of the company.
2. Some of the services provided by the company shall be available through log in with ID and password approved by the company when applying for membership to www.move2korea.com
provided by Century21 Realty.
Article 4 Obligations of Company
1. The company shall perform the rights and obligations determined by the law and provisions.
2. The company shall provide service continuously and stably as determined by this agreement and do its best to perform the obligations.
3. The company shall deliver the result of complaints from members on the online board or e-mail if it is fair.
4. The company must protect the personal information provided by members.
Article 5 Obligations of User
1. The user must not provide false information or use another person’s information when applying for membership and service.
2. The user shall not change the information on the website without permission, deliver information prohibited by the company or laws on hacking or related laws, violate property rights and notice right or copyright, damage the honor of the company or a third party, upload information that is violent or obscene on the website, or perform sales in the website without permission by the company.
3. The user shall not transfer or present the authority to use service, other user agreement, and/or trading position to another person without consent from the company.
4. The user shall observe the particulars by the company, such as related laws, the regulation of individual provision or this agreement, notices and user guide, and must not perform any action that obstructs the business of the company.
Article 6 Intellectual Property Rights
1. The intellectual property rights on the notices produced and written by the company, data and information shall belong to the company.
2. The intellectual property rights on the work provided based on agreement or affiliation among the contents and services provided by the website shall belong to the relevant provider.
3. The information (information belonging to the company, provider and/or other third party) gained by the user through the contents and services on the website shall not be used for copying, delivering, distributing, publishing, broadcasting or other methods of distribution or used by others without pre-approval by the intellectual property rights holder.
4. The copyright for the works written by the user shall belong to the user. However, the company may use the notices put up by members without approval from the user for contents for the website, management, exhibition, transmission, delivery and publicity of the service. However, it must agree to fair practice in the scope that does not conflict with the related laws, such as copyright law.
(1) Writing copied, modified, changed, displayed, transmitted, distributed or edited works in the scope that does not damage the original works of the user to correspond to the management standard such as contents and service guideline within the website.
(2) Making the partners, such as affiliates and communications company, provide, put up, display or publicize the works of the user.
5. If the company wants to use the works of the user by a method other than specified in Clause 4, a request or approval must be obtained for the other method and if the user requests for withdrawal, it shall be accepted.
6. If the member withdraws from the membership, the notice requested by the member to be removed from the site shall be removed. However, if it has been scrapped or stored by others, it may not be completely removed.
Chapter 4 Termination of Agreement and Restriction of Use of Service
Article 1 Termination of Agreement and Restriction of Use of Service
1. If the member wants to terminate the agreement, the member may make a request at any time, and can withdraw from the membership via e-mail.
2. If the member has carried out the following actions, the company may stop use of service for a period or terminate the agreement without giving early notice.
(1) When the information for application is false, the ID and password of another person has been used by stealth, use of service by other member is obstructed, or if information is used by stealth.
(2) When commercial transaction or profit making action is carried out on the site without approval.
(3) When the communications network of the company is obstructed.
(4) When the honor of the company or other person has been damaged, the intellectual property right has been violated, and the business of the company is obstructed by impersonating the company’s management.
(5) When the financial obligations, such as the cost of using the service, is delayed.
3. When the company withdraws the membership, the membership will be cancelled. In this case, the member shall be notified of such action, and a chance to respond shall be granted according to the policy determined by the company before the withdrawal.
Chapter 5 Selling of Property
Article 1 Application Scope for Selling of Property
1. The company shall sell and provide the contents, services and other goods (hereinafter referred to as ‘property’) with a charge, and this chapter shall apply to the transaction between the company and user.
2. If the company provides a separate provision, user guide and user conditions regardless of Article 1, these shall apply before this agreement, and if there is no regulation that applies to these separate provisions, guide and user conditions, this chapter or agreement shall apply.
3. This chapter or particulars on this agreement shall apply if the company receives a payment directly from the user. If the company and the provider of property, or the company and person who receives the payment are not the same person or company, the company shall not take any responsibly if the company has not notified the user that the company will take the responsibility for trading of property.
4. If the provider of property or person who receives the payment is different from the company, the user must check important particulars, such as the trading condition and trading counterpart for trading the property, and any damage caused by this kind of trade shall be claimed to the counterpart.
Article 2 Conclusion of User Agreement
1. The company shall provide the information needed for using the services, application procedures and payment, or individual provision on the property for paid properties, and the user shall agree to this or apply (e.g. click with the mouse).
2. The user shall be notified of the company’s approval on the application in Clause 1 via e-mail and the user’s reply shall be sent to the company for the user agreement to be concluded. However, the company may reserve or refuse the approval when there is a problem in the business of the user or technical issues, application based on illegal methods, false information or use of other person’s name.
3. The reply in Clause 2 shall include confirmation and provision of application, and information on amending and canceling the application for use.
Article 3 Reply and Change/Cancellation of Application
1. When the user applies to use the service, the company requests the company to reply for confirmation.
2. The user who receives this request may request a change and cancellation of the application after receiving the request to send a reply for confirmation, and the company shall process the request without delay if the user’s request has been received before starting to supply. However, the company shall not be responsible for any damage caused by the user not checking the request for reply or not receiving the reply due to incorrect information of the user.
Article 4 Supply of Property
1. The company shall take necessary measures to supply or deliver property within 10 days of application (subscription) by the user, in case the property cannot be supplied when the payment is paid due to the trait of the property, or when there is no separate guide or regulations on the property to supply on the period to supply paid contents, services and other properties. However, if the company has received a part or payment in its entirety, the company must take necessary measures within 3 working days.
2. The company shall state the delivery period by delivery means, the payer of delivery cost and delivery means if the property purchased by the user must be delivered. If the company exceeds the stipulated delivery period and damage is caused to the user, it shall be compensated. But, if not intended by the company or not the company’s fault, the damage does not need to be compensated.
Chapter 6 Provision of Advertisement
1. The company may provide members via e-mail the advertisements requested by advertisers according to decision by the company. But, the advertisement shall be sent to members who agreed to receive the advertisements.
Chapter 7 Exemption Clause
1. The company is not liable to compensate for damages if the contents and services provided for free do not violate enforced regulations, such as personal information policy or penal clauses and fines of related laws.
2. When the company cannot provide contents and services due to natural disaster, irresistible force, and repair, replacement, testing and building of equipment for service, the company shall be exempted from such liability.
3. The company shall not be responsible for difficulty in using the service and contents caused by the user.
4. The company shall not guarantee the accuracy or reliability of the facts on the information, data and services provided by the website. The result of the user trusting and using the information and materials provided or put up on the website is the responsibility of the user based on the user’s decision, and the company shall not compensate for any loss of the user or the user not being able to gain the expected profit.
5. The company is not liable to verify the accuracy, stability and reliability of the contents and does not guarantee the materials, information, contents and services of a third party put up on the website. Also, if the user who acquires such information transacts with the provider (the third party), the company shall not be responsible for any conflict or result.
6. The company is not liable to check or examine the works, materials and information presented by a third party of the user, and is also not liable for the results.
7. The company is not liable for damage of information of member account caused by uncontrollable environment, such as virus infection, computer error or other information communications network error.
8. The company is not liable for and does not guarantee the information on the websites of advertisers, clients or other third parties linked from the company’s website.
Chapter 7 Personal Information Protection
1. For restrictive marketing, such as new service guide and smooth management of Century 21 service or request by related laws, the personal information of users shall be used restrictively, and consent shall be requested before application for membership. Personal information cannot be used for other purposes.
(1) Scope of used information (name, resident registration number, phone number, e-mail address)
(2) Scope of information use
* Minimal scope needed for operations of affiliate for providing the main services and other additional services of Century21 Realty
* With the exception of provision of information on real estate and events
* Person in charge of managing personal information: Century21 Realty Web Manager, Jae-yeong Yu
2. The user may view his/her own personal information and request to modify and delete his/her personal information.
Chapter 8 Solution to Disputes
1. Korean laws shall apply to this agreement. When there is a dispute related to the use of this service, the competent court shall be based on the consumer’s address. If there is no address, the district court shall be the competent court.