Chapter 1 General Provisions
Article 1 (Purpose)
These Terms and Conditions set forth the rights, obligations and responsibilities between the Company (hereinafter referred to as the "Company") and the Members (referring to those who have agreed to the Terms of Service, hereinafter referred to as "Members") in using the location-based services (hereinafter referred to as the "Services") provided by Jucha Co., Ltd.
Article 2 (Effect and Amendment of Terms)
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These Terms shall take effect when a customer or individual location information subject applies for the service and registers as a service user after agreeing to these Terms and following the procedures set forth by the Company.
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When a member clicks the "Agree" button for these Terms online, it shall be deemed that the member has read and fully understood all the contents of these Terms and agreed to their application.
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The Company may amend these Terms to the extent that they do not violate related laws such as the Act on the Protection and Use of Location Information, Content Industry Promotion Act, Act on Consumer Protection in Electronic Commerce, Framework Act on Consumers, and Act on the Regulation of Terms and Conditions.
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When the Company amends the Terms, it shall specify the existing Terms, amended Terms, effective date of the amended Terms, and the reason for amendment and post them together with the current Terms from 10 days prior to the effective date and for a considerable period after the effective date. In case the amendment is disadvantageous to members, the Company shall notify this fact by posting it on the service or sending it in electronic form (email, SMS, etc.) from 30 days prior to the effective date.
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If the Company notifies or announces to members as described in the preceding paragraph and the member does not express their intention to refuse from the date of notification or announcement until 7 days after the implementation of the amended Terms, it shall be deemed that the member has approved the Terms. If a member does not agree to the amended Terms, the member may terminate the service contract.
Article 3 (Application of Related Laws)
These Terms shall be applied fairly according to the principle of good faith, and matters not specified in these Terms shall be governed by related laws or commercial practices.
Article 4 (Content of Services)
The services provided by the Company are as follows:
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Provision of search results and content using location information: When requesting information search or when location information of an individual location information subject or mobile device is provided, search results and nearby results (recommended places, meetings, nearby users, etc.) using this location information are presented.
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Provision of advertising information using user location: Advertisement materials are presented using the location of individual location information subjects or mobile devices during search results or other service use processes.
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User protection and prevention of unauthorized use: The location of individual location information subjects or mobile devices is used to block unauthorized attempts to use services abnormally.
Article 5 (Service Usage Fees)
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The services provided by the Company are basically free.
However, separate paid services can only be used by paying the fees specified in the respective services.
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The Company may charge service usage fees through methods determined by electronic payment companies contracted with the Company or by including them in bills determined by the Company.
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Cancellation and refund of payments made through paid services shall be governed by the Company's payment terms and conditions and related laws.
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Refund requests due to personal information theft and payment fraud or requests for personal information of the payer may be rejected except as required by law.
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Data communication fees incurred when using wireless services are separate and follow the policies of each mobile carrier subscribed to.
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Fees incurred when posting content through MMS, etc., follow the policies of mobile carriers.
Article 6 (Notification of Service Content Changes)
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When the Company changes or terminates service content, the Company may notify the changes or termination of service content via email to the member's registered email address.
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In the case of Article 6(1), when notifying an unspecified number of people, the Company may notify members through the website or other Company notices.
Article 7 (Restriction and Suspension of Service Use)
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The Company may restrict or suspend a member's service use in any of the following cases:
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① When a member intentionally or through gross negligence interferes with the Company's service operation
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② When unavoidable due to service facility inspection, maintenance, or construction
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③ When telecommunications service is suspended by a telecommunications business operator as defined in the Telecommunications Business Act
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④ When there are obstacles to service use due to national emergency, service facility failure, or service use congestion
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⑤ When the Company determines that continuing to provide services is inappropriate due to other significant reasons
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When the Company restricts or suspends service use under the preceding provisions, it shall notify members of the reason and restriction period.
Article 8 (Use or Provision of Personal Location Information)
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When the Company intends to provide services using personal location information, it must first specify this in the Terms of Use and obtain consent from the personal location information subject.
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The rights of members and legal representatives and their exercise methods shall be governed by the address of the Banban service operator, and in the absence of an address, shall be under the exclusive jurisdiction of the district court having jurisdiction over (주)Jucha. However, if the address or residence of the user is unclear at the time of filing the lawsuit or if the user is a foreign resident, it shall be filed with the competent court under the Civil Procedure Act.
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The Company automatically records and preserves location information usage and provision confirmation data for fee settlement and complaint handling with other business operators or users, and such data is retained for 6 months.
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When the Company provides personal location information to a third party designated by a member, it shall immediately notify the member through the telecommunications terminal device that collected the personal location information of the recipient, time of provision, and purpose of provision for each instance. However, in the following cases, notification shall be made to the telecommunications terminal device or email address pre-specified by the member:
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① When the telecommunications terminal device that collected the personal location information does not have text, voice, or video receiving capabilities
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② When the member has requested in advance to be notified through online posting or other methods
Article 9 (Rights of Personal Location Information Subject)
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Members may withdraw all or part of their consent for the provision of location-based services using personal location information and the provision of personal location information to third parties at any time. In this case, the Company shall destroy the collected personal location information and location information usage and provision confirmation data.
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Members may request the temporary suspension of personal location information collection, use, or provision from the Company at any time, and the Company cannot refuse such requests and has technical means to implement this.
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Members may request access to or notification of the following materials from the Company, and if there are errors in such materials, they may request corrections. In this case, the Company cannot refuse the member's request without justifiable reasons:
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① Data confirming the collection, use, and provision of location information about oneself
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② The reasons and details of personal location information provided to third parties under the Location Information Protection and Usage Act or other legal provisions
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Members may exercise the rights under paragraphs a through c through the Company's prescribed procedures.
Article 10 (Rights of Legal Representatives)
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For members under 14 years of age, the Company must obtain consent from both the member and their legal representative for providing location-based services using personal location information and providing personal location information to third parties. In this case, the legal representative shall have all the rights of the member under Article 9.
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When the Company intends to use or provide to third parties the personal location information or location information usage/provision confirmation data of children under 14 years of age beyond the scope specified or notified in the Terms of Use, it must obtain consent from both the child under 14 and their legal representative. However, the following cases are excluded:
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① When location information usage and provision confirmation data is needed for fee settlement related to the provision of location information and location-based services
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② When providing information processed in a form that cannot identify specific individuals for statistical compilation, academic research, or market research
Article 11 (Rights of Guardians of Children 8 Years Old or Younger)
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When the guardian of persons falling under the following categories (hereinafter referred to as "children 8 years old or younger, etc.") consents to the use or provision of personal location information for the protection of life or body of children 8 years old or younger, it shall be deemed that consent has been obtained from the subject:
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① Children 8 years old or younger
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② Persons under guardianship
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③ Persons with mental disabilities as defined in Article 2, Paragraph 2, Item 2 of the Welfare of Disabled Persons Act who are classified as severely disabled persons under Article 2, Item 2 of the Act on the Promotion of Employment of Disabled Persons
(Limited to those who have registered as disabled persons under Article 29 of the Welfare of Disabled Persons Act)
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Guardians who wish to consent to the use or provision of personal location information for the protection of life or body of children 8 years old or younger must submit to the Company a written consent form along with documents proving their status as guardians.
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Guardians may exercise all rights of the personal location information subject when consenting to the use or provision of personal location information of children 8 years old or younger.
Article 12 (Retention Basis and Period for Location Information Usage/Provision Confirmation Data)
The Company automatically records confirmation data of the collection, use, and provision of personal location information about personal location information subjects in the location information system based on relevant national laws regarding the protection and use of location information, and retains it for at least 6 months.
Article 13 (Immediate Notification of Personal Location Information Third Party Provision)
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The Company shall not provide personal location information of the personal location information subject to third parties without the consent of the personal location information subject, and when providing third-party provision services, shall notify the personal location information subject in advance of the recipient and purpose of provision and obtain consent.
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When providing personal location information to a third party designated by the personal location information subject, the Company shall immediately notify the personal location information subject through the telecommunications terminal device that collected the personal location information of the recipient, time of provision, and purpose of provision for each instance.
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However, in the following cases, notification shall be made to the telecommunications terminal device or email address pre-specified by the personal location information subject:
- ① When the telecommunications terminal device that collected the personal location information does not have text, voice, or video receiving capabilities
- ② When the personal location information subject has requested in advance to be notified through telecommunications terminal devices other than the one that collected the personal location information or through email address
Article 14 (Purpose of Retention and Period of Use for Personal Location Information)
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The Company retains and uses personal location information for the minimum period necessary to provide location-based services.
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The Company immediately destroys personal location information after one-time or temporary use in location-based services.
Article 15 (Designation of Location Information Manager)
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The Company designates and operates a location information manager who can take substantial responsibility for properly managing and protecting location information and handling complaints from personal location information subjects smoothly.
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The location information manager is the department head of the department providing location-based services, and specific details follow the addendum to these Terms.
Article 16 (Compensation for Damages)
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If a member suffers damages due to the Company's violation of relevant national laws regarding the protection and use of location information, the member may claim compensation for damages from the Company. In this case, the Company cannot be exempted from liability unless it proves there was no intention or negligence.
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If the Company suffers damages due to a member's violation of these Terms, the Company may claim compensation for damages from the member. In this case, the member cannot be exempted from liability unless they prove there was no intention or negligence.
Article 17 (Disclaimer)
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The Company shall not be liable for damages incurred by members in cases where services cannot be provided due to the following reasons:
- 1. In case of force majeure or equivalent circumstances
- 2. In case of intentional service interference by a third party who has entered into a service alliance contract with the Company for service provision
- 3. In case of service use obstacles due to member's fault
- 4. In cases other than items 1 through 3 where there is no intention or negligence on the part of the Company
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The Company does not guarantee the reliability or accuracy of information, materials, and facts posted on the service, and shall not be liable for damages incurred by members due to this.
Article 18 (Application of Regulations)
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These Terms are governed and enforced by the laws of the Republic of Korea.
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Matters not specified in these Terms shall be governed by relevant laws and commercial practices.
Article 19 (Dispute Resolution and Others)
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If negotiations between parties regarding location information disputes cannot be reached or are impossible, the Company may apply for adjudication under relevant national laws regarding the protection and use of location information.
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If negotiations between the Company or customers regarding location information disputes cannot be reached or are impossible, they may apply for mediation to the Personal Information Dispute Mediation Committee under relevant national laws.
Article 20 (Business Information and Location Information Manager)
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The Company's name and contact information are as follows:
- ● Name: Jucha Co., Ltd.
- ● Email: jucha.vn@gmail.com
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The Company designates the following location information manager to protect the rights of personal location information subjects, including handling complaints that arise during service use:
- ● Location Information Manager: jucha.vn@gmail.com
Addendum
Article 1 (Effective Date)
These Terms shall be effective from September 28, 2024.