Terms of Service of SK Networks Co., Ltd. Walkerhill Hotel's Homepage.
Article 1 Purpose
The purpose of these Terms of Service is to provide for the rights, obligations, and liabilities of the Homepage and users in the use of Internet-related services (hereinafter the "Service") provided on the Homepage (hereinafter "Walkerhill Homepage") run by SK Networks Co., Ltd. Walkerhill.
Article 2 Definitions
- The term "Walkerhill Homepage" refers to a virtual shop (cyber-mall), set up by SK Networks Co., Ltd. Walkerhill to provide goods or services (hereinafter the "Goods") to users, wherein the Goods can be transacted by use of information & communications equipment (e.g., computer). It can also refer to an operator running the cyber-mall.
- The term "User" refers to any member or non-member who accesses Walkerhill Homepage and uses the Service provided by Walkerhill Homepage under these Terms of Service.
3. The term "Walkerhill Rewards" refers to a program that provides Walkerhill Hotel customers with point benefits and privileges.
- The term "Walkerhill Rewards" refers to a program that provides Walkerhill Hotel customers with point benefits and privileges.
- The term "Member" refers to any person who has registered as Walkerhill Rewards member by providing his/her personal information to Walkerhill Homepage, continuously receives information on Walkerhill Homepage, and can continuously use Walkerhill Homepage-provided service.
- The term "Non-Member" refers to any person who uses Walkerhill Homepage-provided service without subscribing to membership.
Article 3 Posting, explanation and amendment of the Terms of Service
- Walkerhill Homepage shall post these Terms of Service, its name, president (name), place of business (location), address (including an address where consumers' complaints can be handled), phone number, fax number, email address, business registration number, mail-order sales business registration number, chief personal information officer (name), etc. on the main screen of Walkerhill Homepage, so that Users can easily become aware of them. However, these Terms of Service may be shown to Users through a linked screen.
- Walkerhill Homepage, so that a User can understand material parts of these Terms of Service (e.g., withdrawal of offer, liability for shipping, and terms of refund) before consenting or agreeing to them, shall provide a separate linked screen or pop-up screen and obtain the User's confirmation.
- Walkerhill Homepage may amend these Terms of Service, to the extent that they do not violate applicable laws (e.g., Act on Consumer Protection in E-Commerce, Terms of Service Regulation Act, Framework Act on Electronic Document and Electronic Transaction, Electronic Financial Transaction Act, Electronic Signature Act, Act on Promotion of Information & Communications Network Utilization and Protection of Information, Door-to-Door Sales Act, Framework Act on Consumers).
- To amend these Terms of Service, Walkerhill Homepage shall make an announcement specifying the effective date and reason for the amendment on the Mall's main screen, along with the current Terms of Service. This announcement shall be made from 7 days before the effective date of the amendment to the date immediately before that date. However, for any amendment disadvantageous to Users, an announcement shall be made at least 30 days before the effective date. In that case, Walkerhill Homepage shall clearly compare the pre-amendment and post-amendment versions of the Terms of Service, thus helping Users' understanding thereof.
- When Walkerhill Homepage amends these Terms of Service, the amended Terms of Service shall only apply to contracts entered into after the effective date of amendment. Contracts entered into before the amendment shall be governed by pre-amendment Terms of Service. If any User having already entered into a contract transmits, within the announcement period for the amended Terms of Service under Paragraph 3, to Walkerhill Homepage his/her intent that the amended Terms of Service are applicable and Walkerhill Homepage consents or agrees to this, however, the amended Terms of Service shall apply.
- Matters not prescribed herein and their interpretation shall be governed by applicable laws, such as the Act on Consumer Protection in E-Commerce or the Terms of Service Regulation Act, the Fair Trade Commission's Guideline on Consumer Protection in E-Commerce, and commercial practices.
Article 4 Provision of, and change in, the Service
- Walkerhill Homepage shall perform the following.
- Provide information on the Goods and enter into a purchase contract
- Ship or deliver the Goods for which a purchase contract has been entered into
- Check Walkerhill Rewards points and levels, and current status of membership and coupons
- Other work designated by Walkerhill Homepage
- Walkerhill Homepage, when there is unavailability of the Goods or change in the technical specifications, may change the content of the Goods to be provided under a future contract. In that case, the specific change in the Goods and the date of providing the changed the Goods shall immediately be announced in a place where the content of the current Goods is posted.
- Any change in the Service, which Walkerhill Homepage has agreed with a User to provide, that is due to unavailability of the Goods or change in the technical specifications shall immediately be notified to the User at an address where the User can be reached.
- In the previous paragraph, Walkerhill Homepage shall compensate for the User's damages caused by such a change in the Service, unless Walkerhill Homepage proves its lack of intent or inevitable circumstances.
Article 5 Suspension of the Service
- Walkerhill Homepage, in cases of maintenance, replacement, or malfunction of any information & communications equipment (e.g., computer), communications failure, etc., may temporarily suspend provision of the Service.
- In the suspension of the Service under Paragraph 1, Walkerhill Homepage shall notify Users as prescribed in Article 8.
- Walkerhill Homepage shall compensate a User's or a third party's damages due to temporary suspension of the Service under Paragraph 1, unless Walkerhill Homepage proves its lack of intent or inevitable circumstances.
- If the Service cannot be provided for reasons such as change in the business line, closure of business, or combination of companies, then Walkerhill Homepage shall notify Users as prescribed in Article 8 and compensate the consumers upon the terms originally presented by Walkerhill Homepage. If Walkerhill Homepage fails to notify about the compensation criteria, etc., however, Users' points saved shall be provided to them in kind or in cash according to the value recognized in the Walkerhill Homepage.
Article 6 Membership subscription
- A minor below 14 years of age may not become a Member of Walkerhill Homepage.
- A User shall subscribe to membership by entering Member information in a format prescribed by Walkerhill Homepage and then indicating his/her consent or agreement to these Terms of Service.
- Walkerhill Homepage shall register, as a Member, any User subscribing to membership under Paragraph 2, unless the latter falls into any of the following.
- If a user's membership has previously been annulled under Article 7 Paragraph 3, unless 3 years have passed since the membership annulment and the applicant has obtained Walkerhill Homepage's approval of membership re-subscription.
- If any information entered during registration is false or omitted or has an error.
- If it is otherwise deemed that registration as Member will result in significant problems, given Walkerhill Homepage's technology
- A membership contract shall be deemed entered when Walkerhill Homepage's acceptance reaches the Member.
- A Member, when there is any change in the registration information made at the time of membership subscription, shall immediately notify the change to Walkerhill Homepage by email or other methods
Article 7 Membership withdrawal and disqualification
- A Member may at any time request membership withdrawal, in which case Walkerhill Homepage shall immediately process the request.
- If a Member falls into any of the following, then Walkerhill Homepage may restrict or suspend his/her membership.
- Enter false registration information when applying for membership
- Fail to make timely payment for the Goods purchased through Walkerhill Homepage, or for any other debts incurred by a Member in connection with use of Walkerhill Homepage
- Interfere with another person's use of Walkerhill Homepage, steal such person's information, or otherwise poses threat to order in the e-commerce
- Commit an act prohibited by the law or these Terms of Service or contradicting public order and good morals, by use of Walkerhill Homepage
- After Walkerhill Homepage has restricted or suspended membership, if the relevant act is repeated twice or more or if the grounds for the restriction or suspension is not corrected within 30 days, then Walkerhill Homepage may deprive the membership.
- Walkerhill Homepage, when annulling membership, shall cancel membership registration. To do so, Walkerhill Homepage shall give notice to the Member and grant his/her an opportunity for defense for at least 30 days, before canceling the membership registration.
Article 8 Notice to Members
- Walkerhill Homepage, when notifying a Member, shall do so at an email address designated by agreement between the Member and Walkerhill Homepage in advance.
- Walkerhill Homepage may substitute an announcement on its bulletin board, for 1 week or more, for individual notices to multiple unspecified Members. However, matters with material effect in connection with a Member's transactions shall require individual notices.
Article 9 Purchase offer, and consent or agreement to provision of personal information
- A User of Walkerhill Homepage shall make a purchase offer on Walkerhill Homepage as follows or in a similar method. Walkerhill Homepage shall provide the following so that Users can easily understand them when making a purchase offer.
- Searching and selecting the Goods
- Entering name, address, phone number, email address (or mobile phone number), etc.
- Checking the content of the Terms of Service, any service with limited right of offer withdrawal, and expenses such as shipping charge or installation fee
- Performing an act (e.g., clicking a mouse) of consenting or agreeing to these Terms of Service and confirming or refusing matters under Subparagraph 3
- Purchase offer for the Goods, and confirmation thereof or consent or agree to Walkerhill Homepage's request for confirmation
- Selecting payment method
- Walkerhill Homepage, in providing a purchaser's personal information to a third party, shall notify to the purchaser 1) recipient of personal information, 2) personal information recipient's purpose of using personal information, 3) personal information items provided, and 4) personal information recipient's period of keeping and using personal information, and then obtain the latter's consent or agreement. (The same shall apply when there is change in the matters consented or agreed to.)
- Walkerhill Homepage, in appointing an outside contractor to process a purchaser's personal information, shall notify to the purchaser 1) personal information processing contractor's name and 2) content of the job to be performed by the contractor, and then obtain the latter's consent or agreement. (The same shall apply when there is change in the matters consented or agreed to.). If necessary to perform a contract to provide service and if related to enhancing the purchaser's convenience, then Walkerhill Homepage may substitute an announcement by the Personal Information Policy, as prescribed in the Act on Promotion of Information & Communications Network Utilization and Protection of Information, for the procedures of notice and of consent or agreement.
Article 10 Entry into a contract
- Walkerhill Homepage, in any of the following cases concerning a purchase offer under Article 9, may refuse to accept a purchase offer. Walkerhill Homepage, when entering into a contract with a minor, however, shall notify that failure to obtain his/her legal representative's consent or agreement may enable the minor or the legal representative to cancel the contract.
- If a purchase offer has falsity, omitted statement, or error
- If a minor purchases any Goods prohibited by the Youth Protection Act, such as cigarette or alcoholic beverage
- If it is otherwise deemed that accepting the purchase offer will result in significant problems, given Walkerhill Homepage's technology
- A contract shall be deemed entered into at such time when Walkerhill Homepage's acceptance of the purchase offer reaches a User in the form of a receipt confirmation notice under Article 9 Paragraph 1.
- Walkerhill Homepage's notice of acceptance shall include confirming receipt of a User's purchase offer, whether the Goods are for sale, and information on change or cancelation of the purchase offer.
Article 11 Method of payment
- Payment for the Goods purchased on Walkerhill Homepage may be made in any of the following methods. Walkerhill Homepage, in connection with a User's payment method, may not surcharge any fees whatsoever on the payment for the Goods.
- Funds transfer (e.g., phone banking, Internet banking, mail banking)
- Payment by cards (e.g., prepaid card, debit card, credit card)
- Online no-bankbook money deposit
- Payment by electronic money
- Collect on delivery (COD)
- Payment by points provided by Walkerhill Rewards (In the case of points, however, Walkerhill Homepage may restrict maximum usage.)
- Payment by coupons provided by Walkerhill Homepage
- Payment by gift certificate under contract with Walkerhill Homepage or recognized by Walkerhill Homepage
- Other electronic payment methods
Article 12 Receipt confirmation notice, and change in and cancelation of purchase offer
- Walkerhill Homepage, when a User makes a purchase offer, shall give a receipt confirmation notice for the same to the User.
- A User that received a receipt confirmation notice, if there is discrepancy in content between the offer and the aforesaid notice, etc., may immediately request upon receiving such notice that the purchase offer be changed or canceled. If the User's aforesaid request is made before delivery, then Walker Homepage shall promptly take measures as requested. If payment has already been made, however, Article 15 (Offer withdrawal) shall govern.
Article 13 Supply of the Goods
- Walkerhill Homepage, unless there is a separate agreement with a User on the timing of supplying the Goods, shall take necessary measures such as custom manufacturing or packing so that the Goods can be shipped within 7 days of the User's offer. If Walkerhill Homepage has already received payment for the Goods in whole or in part, however, then the measures shall be taken within 2 business days of receiving the payment in whole or in part. In that case, Walkerhill Homepage shall take appropriate measures so that the User can check the procedure and progress of supply of the Goods.
- Walkerhill Homepage shall specify the means of shipping, bearer of shipping cost by means of shipping, shipping period by means of shipping, etc. in regard to goods purchased by a User. Walkerhill Homepage, when the agreed shipping period has elapsed, shall pay the User for the resulting damages, unless Walkerhill Homepage proves its lack of intent or inevitable circumstances.
Article 14 Refund
- Walkerhill Homepage, when unable to deliver or provide the Goods for which a User has made a purchase offer due to unavailability of the Goods, etc., shall promptly give a notice to the User. If Walkerhill Homepage received payment for this purchase in advance, then it shall refund the payment or take the necessary measures for refund within 3 business days of receiving the payment.
Article 15 Withdrawal of offer
- A User entering into a contract for purchase of the Goods with Walkerhill Homepage may withdraw its offer, within 7 days of receiving a document on the terms of contract under Article 13 Paragraph 2 of the Act on Consumer Protection in E-Commerce. (If supply of the Goods is later than the date of receiving such document, refer to the date when the Goods are supplied or when supply of the Goods begins.) If the Act on Consumer Protection in E-Commerce provides otherwise in regard to offer withdrawal, however, then the Act shall govern.
- A User having received delivery of the Goods may not return or exchange the Goods in any of the following cases.
- If the Goods are destroyed or damaged at the User's fault (If package is damaged in checking the content of the Goods, however, then the offer can be withdrawn.)
- If the Goods have significantly decreased in value due to the User's use or partial consumption
- If the Goods have significantly decreased in value with the passage of time, to the extent that resale is difficult
- If the package of the original Goods is damaged, even if the Goods still have same performance
- In Paragraph 2 Subparagraphs 2 through 4, a User's offer withdrawal shall not be restricted, unless Walkerhill Homepage takes prior measures such as clearly stating in places where consumers can easily find the fact that the offer withdrawal is restricted or by providing sample products.
- Notwithstanding Paragraphs 1 and 2, if the content of the Goods differs from that labeled or advertised or if the contract was not performed as prescribed therein, a User may withdraw an offer within 3 months of receiving the Goods, but this must also be done within 30 days of the date on which the User became aware or could have become aware of the fact.
Article 16 Effect of withdrawal of offer
- Walkerhill Homepage, when receiving return of the Goods from a User, shall refund the payment already made within 3 business days. In that case, when there is a delay of the refund to the User, Walkerhill Homepage shall pay overdue interest calculated based on the overdue interest rate under Article 21-3 of the Act on Consumer Protection in E-Commerce Enforcement Decree and the period of delay.
- In regard to making the aforesaid refund, if the User has paid by credit card, Walkerhill Homepage shall promptly request the provider of such means of payment to suspend or cancel invoicing of payment for the Goods.
- In the case of an offer withdrawal, the expenses necessary for return of the Goods shall be borne by the User. Walkerhill Homepage may not claim penalties or damages against the User on account of the offer withdrawal. If an offer withdrawal is made on the grounds that the content of the Goods differs from that labeled or advertised or if the contract was not performed as prescribed therein, however, then the expenses necessary for return of the Goods shall be borne by Walkerhill Homepage.
- If a User is to pay the shipping charge when receiving the Goods, then Walkerhill Homepage shall clearly indicate this so that the User can easily understand who pays for expenses related to the offer withdrawal.
Article 17 Protection of personal information
- Walkerhill Homepage shall collect the minimum amount of a User's personal information to the extent necessary to provide the Service.
- In the membership subscription, Walkerhill Homepage may not collect, in advance, information necessary to perform a purchase contract. The same shall not apply, however, if identity verification is required before the purchase contract under applicable laws for performance of obligations and if a minimum amount of specified personal information is collected.
- Walkerhill Homepage, to collect and use a User's personal information, shall notify the purpose thereof to the User and obtain his/her consent or agreement.
- Walkerhill Homepage may not use collected personal information outside of the purpose of collecting it, In the case of a new purpose of use or provision of the information to a third party, Walkerhill Homepage shall notify the purpose thereof to the User at the time of such use and provision and obtain the User's consent or agreement, unless applicable laws provide otherwise.
- Walkerhill Homepage, when required to obtain a User's consent or agreement under Paragraphs 2 and 3, shall in advance specify or notify matters prescribed by Article 22 Paragraph 2 of the Act on Promotion of Information & Communications Network Utilization and Protection of Information—chief personal information officer's identity (department, name, phone number, and other contact numbers), purpose of collecting and using information, provision of information to a third party (recipient, purpose of provision, and information provided), etc.—and the User may at any time withdraw his/her consent or agreement.
- A User may at any time request viewing and correction of his/her personal information held by Walkerhill Homepage, which shall be obligated to promptly take necessary measures. If a User requests correction of an error in his/her personal information, then Walkerhill Homepage may not use the personal information until the error is corrected.
- To protect personal information, Walkerhill Homepage shall limit the scope of personal information processing personnel to a minimum and shall be wholly liable for a User's damages due to loss, theft, leakage, unauthorized provision to a third party, or unauthorized alteration, of the User's personal information (including credit card information, bank account).
- Walkerhill Homepage or a third party receiving personal information from the former, once the purpose of collecting or providing personal information has been achieved, shall promptly destroy the personal information.
- Walkerhill Homepage shall not have a "consent or agreement" box for collection, use and provision of personal information pre-checked. Walkerhill Homepage shall specify such Services as will be restricted upon a User's refusal of consent or agreement to the aforesaid collection, use and provision, and may not restrict or refuse provision of the Service, such as membership subscription, on the grounds that the User has refused to consent or agree to collection, use, and provision of non-required personal information items.
- Matters on personal information protection not specified in this clause shall be governed by the Personal Information Policy posted in the Walkerhill Homepage.
Article 18 Obligations of Walkerhill Homepage
- Walkerhill Homepage shall do its best not to commit any acts prohibited by the law or these Terms of Service or contradicting public order and good morals. Walkerhill Homepage shall do its best to provide the Goods continuously and stably, pursuant to these Terms of Service.
- So that Users can use the Internet service safely, Walkerhill Homepage shall be equipped with a security system to protect Users' personal information (including credit information).
- When Walkerhill Homepage commits an unfair labeling or advertising act under Article 3 of the Act on Fair Labeling & Advertising concerning the Goods and thereby inflicts damages to a User, Walkerhill Homepage shall be liable for such damages.
- Walkerhill Homepage may not send for-profit, advertising emails not desired by a User.
Article 19 Member's obligation concerning his/her ID and password
- Except in cases of Article 17, a Member shall be responsible for his/her ID and password.
- A Member may not have a third party use his/her (the former's) ID and password.
- A Member, when becoming aware that his/her ID and password have been stolen or are being used by a third party, shall promptly notify it to Walkerhill Homepage and follow any instructions given by Walkerhill Homepage.
Article 20 Obligations of User
- A User may not do the following acts.
- Making false registrations when making an application or modifying it
- Stealing information from another person
- Altering information as posted on Walkerhill Homepage
- Transmitting or posting information (e.g., computer program) other than designated by Walkerhill Homepage
- Infringing on any intellectual property right, such as copyright, of Walkerhill Homepage or a third party
- Damaging the reputation, or interfering with the business, of Walkerhill Homepage or a third party
- Publishing or posting, on Walkerhill Homepage, obscene or violent messages, pictures, voices, or other information contradicting public order and good morals
Article 21 Relationship between the linking Homepage and the linked Homepage
- When an upper-level Homepage and a lower-level Homepage are connected by a method such as hyperlink (object of hyperlink can include text, images, and video), the former shall be a linking Homepage (website) and the latter shall be a linked Homepage (website).
- A linking Homepage, when expressly stating on its main screen or on a pop-up screen at the time of link that it shall not be responsible as a guarantor for any transaction between a User and the linked Homepage concerning the Goods independently provided by the latter, shall not be responsible as a guarantor for such.
Article 22 Copyright-holder and restrictions on use
- Any intellectual property right, such as copyright, for works created by Walkerhill Homepage shall belong to Walkerhill Homepage.
- A User may not copy, transmit, publish, distribute, broadcast, or otherwise use for profit, any information, obtained from use of Walkerhill Homepage, IPR for which belongs to Walkerhill Homepage, or have a third party use the same, without Walkerhill Homepage's prior approval.
- Walkerhill Homepage, when using any copyright belonging to a User, shall notify it to the User.
Article 23 Dispute resolution
- Walkerhill Homepage, to reflect a justifiable opinion or complaint raised by a User and compensate for the damages, shall establish and run a damages compensation department.
- Walkerhill Homepage shall handle, as a priority, complaints and opinions submitted by a User. If it is difficult to handle them speedily, then the User shall immediately be notified of the reason thereof and the handling schedule.
- A User's filing of complaint in connection with an e-commerce dispute between Walkerhill Homepage and such User may be subject to mediation by a dispute mediation agency as referred to by the Fair Trade Commission or mayor/province governor.
Article 24 Jurisdiction and governing law
- Any lawsuit concerning an e-commerce dispute between Walkerhill Homepage and a User shall be subject to the exclusive jurisdiction of a district court presiding over the User's address, or residence if the User has no address, at the time the lawsuit is filed. If the User's address or residence is not clear or if the User is an overseas resident at the time the lawsuit is filed, then a lawsuit shall be filed at a court with jurisdiction under the Civil Procedure Act.
- Any e-commerce lawsuit between Walkerhill Homepage and a User shall be governed by the laws of the Republic of Korea.