CAS Vision Tech
User’s Agreement Internet cybermall Cas Co., Ltd. (the “Company”) uses the standard User’s agreement as deliberated by the Fair Trade Commission Article 1 (Purpose) The purpose of this Users Agreement (the “Agreement”) is to set forth the rights, obligations, and responsibilities of the Members of the site (www.cas.co.kr) operated by the Company (the “Cas”) and other necessary matters when the Users use all the services (the “Service”) provided by Site. Article 2 (Definitions) As used in this Agreement, the following terms must have the following meanings: 2.1 “Cas” must mean not only an imagery business place which is set up for Users to trade goods and services by using info-communications facilities such as computer so that Cas’ goods or services can be provided to the Users but also a service provider operating cyber Cas. 2.2 “Users” must mean both Member and non-Member who are provided by Services hereunder by accessing to Site. 2.3 “Member” must mean the person registering as Member by providing personal information to Site who can be continuously provided the information of Site and use Services. 2.4 “Non-Member” must mean the person using Services without becoming a Member of Site. Article 3 (Public Announcement and Amendment of Agreement) 3.1 The Site uploads the contents of this Agreement, name of company, location of business office, name of representative, business registration number and contact (Tel, Fax and E-mail address) on the first page (front screen) of Service of Cas so that Users can be noticed. 3.2 Cas may amend this Agreement to the extent that such amendment will not violate applicable laws and regulations including, but not limited to, the Regulation on Users Agreement Act, the Framework Act on Electronic Commerce, the Electronic Signature Act, the Act on Promotion of Communication Network Use, the Door to Door Selling Act , and the Consumer Protection Act 3.3 Any amended Agreement will be notified along with its effective date and reason for such amendment on the first pages of Cas together with present Users agreement at least 7 days prior to the amendment date up to the preceding date of such effective date (the “Notice Period”). 3.4 Any amended Agreement will apply only to the agreement which is entered into after the effective date of such amended Agreement and former Users agreement will apply to the agreement which has been already entered into before such amendment: Provided that, if any User who has already entered into Users agreement sends his or her intent to be applied by amended one within the Notice Period as set forth in the foregoing Paragraph 3.3 to Cas and when such User obtains consent from Cas, the provisions of amended Users agreement must apply 3.5 Any matter which is not set forth herein and construction of this Agreement will be determined by the Guidelines on E-commerce Consumer Protection, other applicable laws and regulations or commercial customary practices. Article 4 (Provision and Modification of Service) 4.1 Cas will perform the following businesses: Provide information of goods or services, enter into a purchase agreement, deliver the goods or services the purchase agreement for which has been entered into and conduct other businesses as determined by Cas 4.2 Cas may change the details of goods and services to be provided under the agreement to be entered into in the future and, in such event, Cas will notify it in the place where the details of existing goods and services are posted by clearly specifying the details and date of provision of such changed goods and services at least 7 days prior to provision of them. 4.3 If the details of Service for which Cas has entered into an agreement with Users are to be changed due to sold out of the goods or technical specifications modification, Cas will be liable for damages to Users arising out of such sold out or modification: Provided that this provision will not apply to the cases where Cas has not intentionally or negligently caused such damages. Article 5 (Suspension of Services) 5.1 Cas may suspend provision of Services when any cause such as repair, inspection, replacement and failure of info-communication equipments or communication interruption occurs. 5.2 When Cas suspends the use of Services as set forth in the foregoing Paragraphs 15.1, Cas must inform it to Users as set forth in Clause 8 hereof. 5.3 , Cas will be liable for damages to Users arising out of suspension of the use of Services for the causes as set forth in the foregoing Paragraphs 15.1: Provided that this provision will not apply to the cases where Cas has not intentionally or negligently caused such causes. Article 6 (Membership) 6.1 If any User desires to become a Member, the User must file an application for Membership by filling out Member information required by Cas in designated application form and indicating his or her consent to this Agreement (※ However, any person under 14 cannot become a Member as prescribed in privacy protection guidelines for protection of persons under 14 of the Korean Institute for Information Protection Promotion) 6.2 Unless any User filing Membership application as set forth in the foregoing Paragraph 6.1 falls under any of the followings, Cas will register such User as a Member: 6.2.1 when a such User has been disqualified to be a Member before under Paragraph 7.3 hereof except for cases where 3 years pass after such disqualification and approval of Cas for a such User from becoming Member again is obtained ; or 6.2.2 when registration details for a such person has false information, omission, or error; 6.3 The date of formation of Membership agreement will be the point of time when Cas’ approval arrives to the Member. 6.4 In the event that any changes in registration item as set forth in Paragraph 15.1, any Member must immediately inform Cas of it in a manner such as sending by e-mail. Article 7. (Membership Withdrawal and Disqualification) 7.1 Any Member may request withdrawal of Membership to Cas at any time and, in such event, Cas will immediately process such withdrawal. 7.2 If any Member falls under any of the followings, Cas may restrict or suspend Member qualification of such Member: 7.2.1 when the Member fills out false information while filing Membership application 7.2.2 when the Member fails to make payment in payment date for the goods and services purchased by using Cas or the liabilities of Member; 7.2.3 when the Member interferes other people’s use of Cas or threatens E-commerce such as information theft; or 7.2.4 when the Member commits an act which is prohibited herein or hinders social requisition or public morals by using Cas; 7.3 If Cas suspends Membership qualification and when either the same act as a cause for such suspension repeats more than twice or the cause for such suspension is not corrected, Cas may cancel the Membership 7.4 If Cas cancels the Membership, the Membership registration will be erased and, in such event, Cas will inform it to the Member and give a chance to explain prior to Member registration erasure. Article 8 (Notice to Members) 8.1 If Cas gives a notice to Members, Cas may give notices to e-mail address submitted by Members 8.2 If Cas gives a notice to unspecified masses, individual notices can be substituted by posting such notice on its bulletin board for more than 1 week. Article 9 (Purchase Requisition) Users of Cas may give a purchase requisition to Cas on Cas in a manner as follows: 9.1 enter their name, address, telephone number; 9.2 select the goods or services; 9.3 select payment method; 9.4 enter the place of delivery; and 9.5 indicate that they consent to this Agreement (for example, click mouse) Article 10 (Formation of Agreement) 10.1 Unless it falls under any of the followings, Cas will give a consent to any purchase requisition given as set forth in Clause 9 hereof: 10.1.1 when any entry of purchase requisition has falsity, omission or error; 10.1.2 when a minor purchases the goods or services which are prohibited to be purchased by a minor such as liquor and cigarettes as prescribed in the Minor Protection Act ; or 10.1.3 When it is considered that an acceptance to the purchase requisition may strikingly cause a technical obstacle. 10.2 The formation of this Agreement will be deemed to be made upon the point of time when the approval of Cas arrives to the User in a form of a receipt confirmation notification as set forth in Paragraph 12.1. Article 11 (Payment Method) Any payment for purchased goods or services in Cas may be made by any of the followings: 11.1 payment with a credit card; 11.2 online deposit without a bankbook; or 11.3 payment with cyber cash Article 12 (Receipt Confirmation Notification and Change & Cancellation of Purchase Requisition) 12.1 If Cas receives a purchase requisition from a User, Cas will make a receipt confirmation notification to the User. 12.2 Upon receipt of such notification and when there is any discrepancy, the User may immediately change or cancel its purchase requisition. 12.3 Upon receipt of User’s request of such change or cancellation of such purchase requisition prior to delivery, Cas will immediately respond to such request. Article 13 (Delivery) Cas will expressly state the delivery method, person bearing delivery expenses and delivery period for each method for the goods purchased by a User. If Cas intentionally or negligently fails to deliver the goods on the delivery date as agreed, Cas will be liable for damage on the User thereby. Article 14 (Refund, Return and Replacement) 14.1 If Cas cannot provide the goods or services for which a User make a purchase requisition for the reasons such as ‘ out of stock’, Cas will inform the User of such reason and process refund procedure without delay. 14.2 If a case falls under any of the followings, Cas sill take an action to immediate refund, return or replacement upon demand of the User within the following business day of the date of receipt return of the goods delivered even after delivery: Provided that such demand must be give within 20 days after such delivery: 14.2.1 when any delivered goods are different from those ordered or different from the information provided by Cas; 14.2.2 when any delivered goods are destructed, damaged or stained; 14.2.3 when any delivered goods are delivered later than the delivery period as marked in the advertisement; or 14.2.4 when a User’s subscription is made in the circumstances that the items required to be marked in the advertisement as prescribed in Article 18 of the Door to Door Selling Act on 14.3 Termination and refund procedure 14.3.1 For the Member who has purchased in cash or cyber money: If the Member requests a refund to Cas’ customer center (T. 02-2225-3717), Cas will refund : within 3 days after collection date of the goods if such goods have been already delivered; or within 3 days after cancellation request date of purchase requisition if such goods have not been delivered. 14.3.2 For the Member who has purchased in cash or cyber money: If the Member requests a refund to Cas’ customer center (T. 02-2225-3717), Cas will take action to cancel its demand for card payment: after collection date of the goods if such goods have been already delivered; or after cancellation of purchase requisition if such goods have not been delivered. Article 15 (Privacy Protection) 15.1 Cas collects minimum information necessary for fulfilling its obligation under purchase agreement when it collects the information from the User. The followings are required and other items may be optional: 15.1.1 Name of User; 15.1.2 Resident registration number (for Members); 15.1.3 Address; 15.1.4 Telephone number; 15.1.5 ID (for Members); 15.1.6 Password (for Members); and 15.1.7 Email address (or mobile phone number) 15.2 If it collects the User’s personal information which allows people to recognize the identity of such User, Cas will obtain the consent from such User without fail. 15.3 The personal information provided by the User must not be used for the purpose other than that hereunder or provided to any third party without consent of such User and the mall will be fully responsible for except for the following cases: 15.3.1 if minimum information (name, address and telephone number) of the User necessary for shipment is provided to the shipping company; 15.3.2 if such information is provided for statistics preparation, academic research or market research in the form which cannot identify specific individual (User); 15.4 If consent of the Users must be obtained under the Paragraphs 15.2 or 15.3, Cas must specify or inform information of person in charge of personal information management (department, name, telephone number and other contact number), purpose of information collection and use and matters related to provision of information to a third party (person to be provided such information, purpose and contents of information to be provided) which are set forth in the provisions of Article 16 Section 3 of the Act on Promotion of Communication Network Use in advance and the User may withdraw such consent at any time. 15.5 The User may request to Cas to make him or her get access to and correct error of its personal information which is in possession of Cas at any time and, in such event, Cas is obliged to take necessary measures without delay. Upon request of the User for error correction, the Mall will not use such personal information until such error is corrected. 15.6 For the privacy protection, Cas will limit and minimize the number of the person in charge and will be fully liable for any damage on the User for the reason of loss, theft, leakage and alteration of the User’s personal information. 15.7 In the event that the purpose of collection of personal information is achieved, Cas or a third party to whom such personal information has been provided by Cas must destruct such information without delay. Article 16 (Obligations of Cas) 16.1 Cas will not commit any act which is prohibited hereby or against the public order and good morals and make its best effort in providing the goods and services continuously and sustainably. 16.2 In order to make the User use internet services safely, Cas must be equipped with security system for protecting personal information (including credit information) of the User. 16.3 If the User is damaged by unfair indication and advertisement act as set forth in Article 3 of the Act on Fair Indication and Advertisement with respect to the goods and services, Cas must be liable for such damage. 16.4 Cas does not send any SPAM or junk e-mails for profit-making which the User does not want to receive. Article 17 (Obligations to Member’s ID and Password) 17.1 Except for the cases as described in the Clause 15, the Member must be responsible for maintaining ID and password. 17.2 The Member must not make a third party use its ID and password. 17.3 If the Member recognizes that his or her ID and password is stolen or used by a third party, the Member must immediately inform it to Cas and comply with the directions of Cas, if applicable. Article 18 (Obligations of Users) The User must not commit the following acts: 18.1 Registering false contents while it makes application or change; 18.2 Changing the information posted on Cas; 18.3 Transmitting or posting the information (including computer program) other than that required by Cas; 18.4 Infringing on intellectual property rights of a third party such as copyrights; 18.5 Committing any act which damages on reputation of a third party or hinders the business of a third party; or 18.6 Committing any act of disclosing or posting any information which has violent message, video, or voice or is against public order and good morals. Article 19 (Relations between Connecting and Connected Cas) 21.1 If high link and low link of Cas are connected with each other in a way of hyper link (for example, text, picture and video are included for things subject to the hyper link), the former is referred as “Connecting Cas” (website) and the latter is referred as “Connected Cas.” 21.2 If ‘Connecting Cas’ specifies its intent that it will not be responsible for providing surety for the transaction with the User for the goods independently provided by the Connected Cas on initial screen or pop-up screen of the Connecting Cas as of the time of connection, the ‘Connecting Cas’ will not be liable for such surety. Article 20 (Ownership of Copyright and Use Restriction) 20.1 Any and all intellectual property right including copyrights over the work created by Cas must be owned by Cas. 20.2 The User must not use or make a third party use the information among those acquired from using Cas, whose intellectual property rights are owned by Cas, for profit making by reproducing, transmitting, publishing, distributing, broadcasting and using other methods without prior consent of Cas. Q Article 21 (Dispute Settlement) 21.1 Cas installs and operates a center for reflecting the User’s reasonable complaint and handling damage compensation for it. 21.2 Cas deals with the User’s complaints and suggestions first: Provided, however, that, if it is hard to deal with those promptly, Cas will immediately inform the grounds and schedule of treatment to the User. 21.3 Any dispute between Cas and the User may be resolved by the mediation of the E-Commerce Mediation Committee which was established under Article 28 of the Framework Act on Electronic Commerce and Article 15 of the Enforcement Ordinance of the same Act. Article 22 (Jurisdiction and Governing Law) 24.1 Any suit with respect to e-commerce dispute between Cas and the User must be settled by a competent court having jurisdiction as prescribed in the Civil Procedure Act 24.2 Any e-commerce suit between Cas and the User must be governed by the law of the Republic of Korea. [ Bylaws] This Agreement must be executed from May 1, 2006. This Agreement must apply to the Member who has become a member prior to enactment of this Agreement.