Terms and Conditions of Cafe24 Shopping Mall Hosting Service

(This English translation is provided for your reference purposes only, and is not legally binding. Only a Korean version of the Terms and Conditions of User of Cafe24 Shopping Mall Hosting Service are legally binding).

Article 1 (Purpose)

The purpose of These Terms and comditions of Cafe24 Shopping Mall ("Agreement") is to ser forth the right, obligations and responsibilities of the parties using Cafe24 Shopping Mall service and other services ("Services") provided by Simplex Internet Inc. ("Company"). and to promote mutual develpment through exercising and performing their right and obligations pursuant tho the T&C.

Article 2 (Definitions)

①Capitalized terms used herein shall have the followig meaning:
1. 1."Cafe24 Shopping Mall Hosting" ("Service") means shopping Mall service, additional service, Partnership service provided for selling goods in online;
2. 2."User" means a person who has provided personal information to registered with Cafe24 as a User;
3. 3."ID" means User's account which created by application of Services;
4. 4."Multi-shopping mall" refers to multi-language shopping malls (Korean, Chinese, Japanese, English, etc.) created under same ID to operate and manage;
5. 5."Shopping Mall Service" refers to services which provide shopping mall solution, hosting, and basic domain. These are essentials in order to operate domestic or international shopping malls;
6. 6."Additional Services" refers to services, which the User need to apply additionally in order to operate shopping mall beside default Services provided by the Company;
7. 7."Partnership Services" refers to Service provided by third party (Partner) for the User conveniences.
②Any matters not provided in the Agreement shall be governed by any other applicable laws and regulations, and general commercial practices.

Article 3 (Validity and modification of the Agreement)

①The Company will disclose Agreement on the initial landing page or connecting page of cafe24 to help the Users to check the Agreement.
②The Company may amend the Agreement to the extent permitted by the Regulation of Standardized Contracts Act, Promotion of Utiliaztion of Information and Communications Networks and Protection of Information Act, and any other applicable laws.
③If any terms of the Agreement are amended by the Company, all amended terms shall be effectiv 7 days after they are initally posted on the initial landing page of cafe24, together with the then current Agreement, the effective date of and the reasons for the amendment, all of which will be posted for 7-day period until the date immediatedly preceding the effective date. However, if Agreement be amended disadvantageous to customers, all of which will be posted for a 30-days period.
④If the User do not express opinions on changes within time frame mentioned in previous section, The Company may consider it as the User agreed on new Agreement. However, The Company must clearly specify that no response will be considered as Agreement in notifications. In case of members do not agree with new Agreement, The User can terminate the Agreement.
⑤The Company may set specific Agreement and policy for separate Services and it is the USer's responsibilities to follow.
⑥Any matters not provided in the Agreement shall be governed by any other applicable laws and regulations, and general commercial practices.

Article 4 (Establishment of the Agreement)

①The Agreement becomes valid once applicants read and agree with Agreement, provide necessary information to operate Services, and the Company approves application.
②The Company is deemed to match the account information and the User information. The owner of the account is deemed to the party of this Agreement.
③The Company may not approve application in following cases.
1. 1.In case of an applicant used not a real name or third person's name for applications;
2. 2.In case of any untrue, omission, missing are included in the resgistration content;
3. 3.In case of refusing to submit necessary documents for verifications;
4. 4.In case of a violation of Korea or international law, or this Agreement is terminated as a breach of Agreement;
5. 5.In case of an applicant has records of offending public manners while using the services;
6. 6.In case of an applicant has records of suspension for his/her account due to publishing illegal or inappropriate advertisements;
7. 7.In case of an applicant has records of using Service to violate other's rights;
8. 8.In case of minor, a quasi-incompetent person, or an incompetent person submitted application without a agreement of law representative;
9. 9.In case of an applicant have not paid bills for certain period of time or has a record of missing the payments;
10. 10.Due to the applicant's attributable reasons that company cannot approve his/her application.
④The Company may wihhold from submitted application as follow:
1. 1.Natural disasters, wars, national emergency situations, or other situations that cannot be controlled;
2. 2.Having conditions that operating is impossible;
3. 3.Having difficulties to maintain Service quality or lack of required equipment's or human resources;
4. 4.Due to the other technical/managing issues applications cannot be processed;
⑤In case of the article 4.3 and 4.4, the Company may withdraw the approval of application based on article 6. In this particular case, the Company must give the User prior notice.

Article 5 (Collecting and Managing Personal Information)

①The Company may collect and manage each the User's personal information, based on relevant law or the Company's private policy.
②It is each User's obligation to provide necessary information (including personal information) based on the Company policy. If each User provide false information, Service can be limited or contract can be terminated.
③According to the regulations of relevant laws, the Company may provide the User' personal information upon the request of state institution, Communications Commission, or Korea Internet and Security Agency for investigation purposes.

Article 6 (Notificaton)

The Company will notify the User via e-mail provided by the User, except When the company notify the User, without further regulations, company may use e-mail address or SMS which is provided by members. However, if notifications are targeting many unspecified members company should make public announcement for at least 7 days for its members.

Article 7 (Supply of Service)

①The Company may supply Service if The User shall agree this Agreement and pay Service fees. However, if The Company will provide to notice with reasons and date for supply of Services in accordance to Article 6, if once cannot provide Service.
②If the Company did not process identity verification, The Company may postpone services until verification process is completed.

Article 8 (Information of Service)

①According to this Agreement, the Company provides Service as follows:
1. 1.shopping mall services;
2. 2.additional services;
3. 3.partnership services;
4. 4.other services to build and operate shopping mall.
②Details of Service in the previous section will be govern Service's guide on homepage.
③The Service may be limit use a part depending on the User's environments.
④If the Company amends or opens new service, the Company shall notify the User in according to Article 6.

Article 9 (Use of Service)

①The Company will provide its service all yerar around except any technical issue, However, partnership services will be provided based on each Service's announcement or regulations.
②The User shall read Service gudie and understand terms and conditions of Service, threafter use Service.
③The Company may provide paid Service and details of such Service should be provided on Service guide page.
④Once a User applied for Service and approved, default web shopping mall (Korean) and default mobile shopping mall (Korean) will be automatically created. Each ID can create up to 5 multi-shopping malls (Chinese, Japanese English, etc.). The User can not deleted shopping mall, if it has having data (members, placed orders, or published postings).
⑤The User is able to constitute seperatly multi-shopping mall of each language, currency, design.
⑥Ther User can select products to display for each multi-shopping mall by using same product DB.
⑦The User can select to apply design for each multi-shopping mall by using design management tool.
⑧If the User needs to apply same design to more than one multi-shopping mall, the User shall confirm to whether is required against to additional license for design.
If additional licenses are required, the User should purchase it under own responsibility. The Company will not intervene or be responsible for conflicts related to licenses of design.
⑨The User can designate co-administrator under their own responsibilities by one's needs, the User can change or delete the co-administrator accounts. The User will be responsible for co-administrator's action while using the Company's Service.
⑩The User can choose payment methods (credit card, real-time transfer, auto transfer, wireless transfer, phone payment, etc.) provided by the Company.
⑪If the User needs to publish or distribute video clips or MP3, the User is required to purchase video file upload service.
⑫The User can use Service for e-commerce business purposes only. The User should not use the Service for other purposes such as homepage, board, or reference space.
⑬The User should operate shopping mall based on e-commerce related laws. However, if business's main customers are foreigners, comply with related country's Act.
⑭The User is able to constitute seperatly muti-shopping mall against member management and event, etc.
⑮If Service is limited for the User due to existing Service environment, the User may request the Company for transition to the new environment. The Company should consider both the Company's and the User' schedule for the transition. Once transition is completed, the User will have full access to the Service provided by the Company.

Article 10 (Service Fees)

①The Company will charge Service fees based on each Service's billing standard.
②The Company may change Service Fees by cause of market circumstances or rising of manufacturing fees. this case, the Company will notify the User in according to Article 6.
③If the User failed to pay claimed bill, the Company may limit the free Service (e.g. shopping mall host) and other Service that the User failed to pay.
④The User certainly pay Service fees as name of oneself. The User shall notify confirmation whether paid to the Company, if the User will pay Service fees as other's name. The Company is not responsible for Service suspend.

Article 11 (Additional Services)

①The User wants to use partnership service, the User should enter into a new contract with a partner or the Company.
②The User can select partnership service based on need. however, the Company may introduce and recommend a mandatory Service (safe purchase Service, verification Service. etc.) in accordance to related laws.
③The Company will not be responsible for partnership service from any dispute between User and partnership except the Company's mistakes.
④Upon to terminate or get refund, The Partnership service is apply service policy by partner company. The Company will display guide and refund policies in relation to partnership Service.
⑤The Company will notify termination related contents to the User in accordance to Article 6. if partnership company terminate partnership service.

Article 12 (Suspend of Service)

①The Company be able to suspend Service in order to facilities checking, system upgrade, expansion, etc.. and The Company notify related reason and schedule to the User in accordance to Article 6.
②The Company may suspend Service wihiout prior notice in case as follow :
1. 1.In case of natural disasters, wars, national emergency situations, or similar causes;
2. 2.In case of occurring interruptions which could not be predicted in advance such as hardware (disc) breakdown, system down, or telecommunication company, electric power company, key telecommunications business operator interruptions;
3. 3.In case of occuring uncontrollable problems (DDos, hacking, virus, etc.);
4. 4.In case of emergency checking by security reasons;
5. 5.Other obvious reasons that the Company had to stop providing without notification;
③The Company is not responsible for damage by suspension of Service in accordance to Article 12.

Article 13 (Company's Right and Obligation)

①The Company will do its best to provide good quality of Service for user conveniences.
②The Company will do its best to maintain or repair its equipment's and to retore inerruption of Service rapidly.
③The Company should response to the User opinion as soon as possible. However, if it takes time to solve the issues, the Company should to notify related reasons and schedule in accordance to article 6.
④The Company has rights for Service provided by the Company and related images. And the User will only have permission to use Service provided by the Company.
⑤The Company is not responsible for product, product images, or related information posted by the User on e-commerce shopping mall.
⑥The Company may collect the User's sales record, advertising history, and access traffic to use it as statistical data. The Company also may use these data to provide better Service to it��s the User.
⑦The Company can take measures after accessing in the User's admin, in order to needs emergency measures by technical or management issues.
⑧The Company can take measures by notification of related public institution for illegal information or product registered by the User.
⑨The Company can limit use of Service by notification of related public institution (e-commerce center of Seoul) for fraud action or untrue of business' information.
⑩The Company can suspend Service by legal procedure progress against dispute between the Company and the User or third party.
⑪The Company provides system to manage caller's ID and to prevent false entry in accordance to Telecommunications Business Act and related laws.

Article 14 (User's Right and Obligation)

①The User shall confirm Service policy and guides notified by the Company prior to use of Service.
②The User is responsible for operating of e-commerce mall that be decide by the User.
③The User shall be responsible for the management of ID and password to prevent exposure to the third party.
④The User has obligation to maintain e-mail or phone number provided to the Company. The Company is not responsibie for damages caused by not maintaining information.
⑤The User must own the rights of legitimate copyright of images for sales purpose.
⑥The User is responsible to maintain backup data in order to prevent for damage or loss of data by various cause considering nature of internet circumstance.
⑦Since the User is involved into e-commerce business to the customers all over the world, the User will follow related country's e-commerce laws for business.
⑧If products or images on site are the contents harmful to juveniles, the User shall take measures such as displaying content harmful to juveniles icon or verification of customer age.
⑨The User shall describe informaiton of product detaily in accordance to 'public Notification of product information provided in e-commerce business ' of Fair Trade Commission.
⑩The User shall manage against inappropriate advertisement or illegal informantion in the bulletin board.
⑪The User shall collect personal information of customers in accordance to legal procedure and take technical and managerial protect action in accordance to related laws. The User also has to create separate private protect policy and to post in first page of the homepage and to manage collected personal information under own responsibility.
⑫The User shall not disclose or display any information containing indecent or violent message, video, voice, and other information being against the good public order and traditonal customs.
⑬If The User have plan for advertise or events or promotion, etc. which can increase website traffic in short period of time, the User shall notify risk defending plan to the Company. The Company is not responsible for damage occured as exceeding solutions or without the User's notice.
⑭According to Telecommunications Business Act and other relevant laws, the User shall register phone number prior to send out SMS to customers. Moreover, the User shall use registered phone number when the User send SMS to customers.

Article 15 (Security System Managements and Obligations)

①The Company may temporarily shut down the User's verifying information and any other related area in case of serious and urgent security issues occur.
②The User is prohibited for following actions which can threat the Company or others securities.
1. 1.Spreading malicious programs such as computer virus.
2. 2.Scanning weakness of system beside the USer's information system or an act of trespass.
3. 3.Interrupting Service by causing massive traffic.
4. 4.Other activities that interrupt the Company's business.
③The Company may announce or exclude announcement after taking security related actions based on this article.
④By taking actions related to this article, company shall do its best to prevent member's damage or loss. In case of needing urgent cares, however, company may tale actions without having obligation to compensate for member's loss.

Article 16 (Copyright Ownership)

①The Company shall have the ownership over a copyright and any other intellectual property rights relating Service.
②The user is not allowed to copy, share, publish, distribute, etc. of service information to third party personnel without the company's consent.

Article 17 (Transfer)

①If the User needs to transfer his/her legal rights, due to the inherit, merger, division, or business transfer ? take over, the User shall follow procedures set by the Company. The User can transfer ? take over ID, but not for each of multi-shopping mall.
②The Company may reject the transfer?take over application if the User cannot submit required documents (signet, identification card, identification document, or in case of foreign applicant).
③Once all the documents are submitted to transfer selected rights by the Company, the Company may change the User information as an inheritor. However, the Company may postpone or reject the transfer if unpaid bills are remaining or there are possibilities of legal conflicts.
④The User will terminate the contract for partnership Service which cannot be transferred (PG service, Safe Purchase Service, Advertisement Service), and inheritor will make a new contract under own name.
⑤An inheritor who have transferred in this article will be remained in same position to continue all the right and obligation previous owner agreed.

Article 18 (Termination)

①The User may request termination of Agreement, and the Company shall process the request immediately unless the Company has proper reasons to reject. However, if the User has failed to pay bills, bills shall be paid by the Company's procedure.
②If the User request transition Service to other the Company, the Company shall process transition based on the Company's plan. However, service can be withhold for 1~2 business days in case of transferring cache on name server. In this particular case, the Company will not have obligation to compensate for the loss.
③if the User requests decrypt of personal information due to the violation of related laws or change the format which violate the Company's policy, the Company may reject the User's request.
④The Company may terminate contract by notifying the User as follow :
1. 1.In case of be suspend more than twice within one year;
2. 2.In case of the User used other's personal information for Service application;
3. 3.In case of the Userr used Service for other purposes that the Company have not permitted;
4. 4.In case of the request of Ministry of Science, Central Radio Management Office, or Korea Internet and Security Agency to terminate the Agreement;
5. 5.In case of violation relevant laws, Cafe24 User Agreement, or this Agreement.

Article 19 (Restriction fo use)

①The Company may switch the User's account as inactive mode, if it been not login by the User for one (1) month period. However, if the User login within three (3) months period, The Company will switch the User's account as active mode.
②The Company may limit the Services for the User who have not been login to shopping mall manager admin for more than 3 months. Moreover, after notifying its to the User to back up their products information and design for certain period of time, the Company may delete all the information. In this case, the Company is not responsible for damage occured as deleting of Service or information.
③The Company suspend use of Service in following cases.
1. 1.In case of use of outside fo legal e-commerce purpose;
2. 2.In case of be required to suspend as spam transmission by Korea Communications Commission and Korea Internet and Security Agency;
3. 3.In case of Infrigement upon defamation or insulting;
4. 4.In case of infringement of other one's rights;
5. 5.In case of colligate with criminal act or violation of relevant law;
6. 6.In case of using computer virus or malicious codes for spreading, hacking, attacking server;
7. 7.In case of transmitting massive information such as interruption Service operations or continuously sending commercial information without recipient's consent;
8. 8.In case of interrupting the Company's business;
9. 9.In case of transferring, amending, decompose or connecting other anything without the Company's permissions;
10. 10.In case of using as homepage, file storage, or board for either corporation or individual;
11. 11.In case of posting or distributing of video without use of additional Service;
12. 12.In case of transferring, donating, assign, selling right and obligation in this Agreement without prior consent;
13. 13.In case of failing to make a payment for Service charge;
14. 14.In case of violating the User's obligations mentioned in this Agreement.
④The Company be limits use of the User's Service, the Company shall give the User prior notice for related reason and schedule. However, if the case be required urgent response or serious interruptions for system operation, the Company may complete problems before notice of the User.
⑤The User will solve issues within one(1) month from notice of suspension. If the Company solves the issues during suspension, The Company will take measures in order to resume use of service.However, if the reasons for suspension are not related to serious activities, such as alteration phone number., once the User gives primafacie evidence of the reason.

Article 20 (Limite of Spam Provider)

①The Company and the User shall follow anti-spam related laws and guide when delivering commercial information.
②The Company may limited the Service as follow :
1. 1.In case of be required to suspend as spam transmission by Korea Communications Commission and Korea Internet and Security Agency;
2. 2.In case of due to the massive spam mails, system failure may or have occurred;
3. 3.In case of use as a relay spam or transfer spam as infection of worm;
4. 4.In case of report to spam by recipient of spam.
③The Company operates care center of the User in order to reject receiving spams or handles customer's reports related to spams.
care center : 1588-3284, E-mail : hosting@cafe24.com.
④If the Company confirms that the User has sent out spams, the Company may report to Illegal Spam Response Center of Korea and related public institution.

Article 21 (Confidentiality)

The User is not allowed to leak or provide Service related information to outside or third party without the Company's written permission.

Article 22 (Prohibition of Transfer)

The User shall not transfer or assign any right and obligation under Agreement to a third party without the express consent of the other party.

Article 23 (Compensation)

①A party compensate damage occured as one's mistake to other party.
②However, considering nature of internet environments, the Company compensate damage as below.
In case of breakdown of Service than more 3 hour, the compensation will be calculated D as follow:
- 1day fees average based for the last 3 months period ("A").
- divided A by 24 ("B").
- multiply B by breakdown times ("C").
- multiply C by 5 ("D").
the above conditions is calculated after receipt of the notification of the user.s.
③Despite previous section, the Company is not responsible for the Service, including partnership service, unless it is operated by the Company.

Article 24 (indemnification)

①The Company does not guarantee accuracy or reliability of information which the User have published or transmitted throughout the Service.
The Compnay shall not be responsible for disruption of Service as a reason of user mistake.
②The Company will not be responsible for suspension of service which caused by unpredictable interruptions such as hardware (disc) malfunction, system down and other interruptions of external telecommunications company, electric power company, or key telecommunications business operators.
③If The User's information is entirely or partially damaged or lost due to the hardware malfunction or interruption, or network interruption, the Company will not be responsible for loss.
④Invasion which the Company cannot control has predicted or started such as Distribute Denial of Service Attack (DDos). The Company has no responsibility in this case.
⑤The Company does not guarantee expected revenue by its member, and not responsible for any loss by using data obtained from the Service.
⑥The Company is responsible for damage by conflicts between the company and the User or third party.
⑦Without specified regulations related to use of free Service, the Company will not be responsible.

Article 25 (Jurisdiction)

The legal conflicts regard to this Agreement will be governed by the law of the Republic of Korea.
In case of dispute settlement regard in the Agreement shall be submitted to jurisdiction in accordance to the related laws.

Article 26 (Applicable laws and Regulations)

Any matters not provided in the Agreement shall be governed by e- Commerce Act, any other applicable laws and regulations, and general commercial practices.

Addendum

This Agreement shall become effective as of 2016, January 5th.