Vacan Co., Ltd. (hereinafter referred to as “the Company”) provides the point program “Fun to Wait” (hereinafter referred to as “the Service”). These terms (hereinafter referred to as “the Terms”) establish the conditions for using the Service. Please read these Terms carefully before using the Service.
Article 1 (Definitions)
In these Terms, the following terms have the meanings specified in each item:
“User”: Individuals, corporations, and organizations that have applied for the use of the Service in accordance with the provisions of Article 5, submitted the initial application form as required, and had the application accepted by the Company after meeting the screening criteria separately set by the Company.
“User”: Individuals who wait to use the user’s facility or use points granted by waiting.
“Point Grant Service”: A service where the Company grants points to users who meet certain conditions when they wait or perform other designated actions to use the user’s facility.
“Point Exchange Service”: A service where users exchange points for prizes or other items set by the user when using the user’s facility.
“Points”: Points granted by the Company to users who perform designated actions, such as waiting, at the user’s facility, according to the Company’s specified method.
“Designated Action”: Actions eligible for the Point Grant Service.
“Exchangeable Transaction”: Transactions eligible for the Point Exchange Service.
“Exchangeable Item”: Prizes eligible for the Point Exchange Service.
“This App”: An application provided by the Company that users can download to their mobile devices to receive, display, browse, etc., the information related to this matter.
“This Information”: Information about the Service that can be viewed on this site.
“Content”: Information (including but not limited to text, images, videos, audio, music, other sounds, images, software, programs, code, and other data) that users can access through the Service.
“Intellectual Property Rights, etc.”: Copyrights (including the rights under Article 27 and Article 28 of the Copyright Act), patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights (including the rights to acquire these rights and to file applications for registration, etc.) as well as rights related to ideas, know-how, etc.
Article 2 (General Rules)
Users shall use the Service in accordance with these Terms, and unless users agree to these Terms, they cannot use the Service. The content specified in documents distributed or delivered by the Company regarding the Service (hereinafter referred to as “Individual Provisions”) shall constitute part of these Terms and, in the event of any conflict with these Terms, the Individual Provisions shall take precedence.
These Terms apply to all users of the Service.
Users shall, at their own expense and responsibility, prepare the information terminal, etc., and the internet connection environment necessary to use the Service.
The Company does not guarantee that the Service has the commodity value, usefulness, and completeness that users expect.
Article 3 (Revision or Change of These Terms, etc.)
The Company may, at its discretion, change the contents of these Terms and other regulations at any time under the following circumstances:
(1) When changes to these Terms are consistent with the general interests of users.
(2) When changes to these Terms are deemed necessary, and the necessity of changes, the appropriateness of the content after the changes, and other circumstances related to the changes are reasonable.
In the event of a change to these Terms based on the preceding paragraph, the Company shall notify users of the details of the changes and the effective date of the changes one month prior to the effective date, or post them on this site, the App, or the Service.
If users use the Service after the effective date of the changed terms or do not take steps to cancel the use contract for the Service within the period specified by the Company, users shall be deemed to have agreed to the changes to these Terms.
Article 4 (Contents of the Service)
The Service consists of basic services and optional services, and the functions provided by each service are as follows:
Granting points when users perform designated actions.
Exchanging points for items, etc., when users perform designated actions.
Article 5 (Application for Use of the Service)
The Company will conduct a screening process based on the separately set screening criteria to approve the application for the use of the Service for customers who wish to use the Service (hereinafter referred to as “Applicants”).
In the screening process mentioned in the preceding paragraph, the Company may request the submission of necessary documents and materials, and the Applicants must promptly submit such documents and materials. If Applicants do not submit the required documents and materials, they will be deemed not to meet the screening criteria or have not applied.
Applicants agree to comply with these Terms, provide information (company name, address, billing information, and other information; hereinafter referred to as “Registration Information”) in the application form according to the Company’s specified method, and provide the information to the Company.
The use contract for the Service (hereinafter referred to as “the Use Contract”) is established when the Company accepts the application form.
Article 6 (Point Grant Service)
The Company will grant points to users who perform designated actions in accordance with these Terms when they wait at the user’s facility.
The content of the point service is determined by rules, guidelines, etc., established by the Company regarding the Point Usage Agreement and other points.
Designated actions eligible for point granting include waiting at the user’s facility or other actions separately specified by the Company (excluding actions for which points cannot be granted under laws and regulations). Users shall not accept point grants for actions other than those related to designated transactions.
The point grant rate for users is separately determined by the Company.
Article 7 (Point Exchange Service)
Users can exchange the points they have accumulated for prizes or other items specified by the user, and the user must provide the prizes or items exchanged by the user.
The transactions eligible for exchange include the purchase of goods or the use of services at the user’s facility or other transactions separately specified by the Company. Users are not allowed to exchange points for transactions other than those specified for exchange.
Article 8 (System)
Regarding the operation of this service and the transmission of data, in the event that data transmission becomes impossible, the Company and the user, who is responsible for the situation, will take necessary measures, such as data retransmission, at the responsible party’s expense, to ensure the continuation of this service. In the event that such a situation arises due to reasons not attributable to either the Company or the user, responsibility and cost-sharing will be discussed and addressed.
Article 9 (Service Commencement)
Upon acceptance of the application form, the Company will promptly begin preparations for the commencement of this service.
Upon completion of the preparations for providing this service, the Company will notify the user of the commencement of service through the Company’s designated method.
Article 10 (Service Usage Fee)
The usage fee for this service is free during the experimental period.
Article 11 (Validity of Points)
Points granted to users will naturally expire under the following circumstances:
When the user deletes the account.
When the expiration period of the points has passed.
When other expiration reasons stipulated in the Point Usage Agreement occur.
When the experimental period for this service comes to an end.
Article 12 (Modification of Points)
The Company may modify the number of points granted to users and the number of points used by users, and will promptly report the modifications to the user. However, modifications that result in a negative point balance for the user will not be made.
If a user uses points to exchange for prizes and subsequently returns all or part of the prizes, the user will generally refund the points to the user.
Based on the first paragraph, point modifications can be made from the month of the transaction to the end of the second month, and modifications cannot be made thereafter.
If the user cannot modify the points based on the previous paragraph or if points cannot be refunded due to the expiration of limited-time points, the user, when necessary, will settle directly with the user at their own responsibility.
Article 13 (Cost of Prizes)
The costs associated with providing prizes to users shall be borne by the user.
Article 14 (User Data Transmission)
Users will, as much as possible, transmit data related to point exchanges at the request of the Company if necessary for the purpose of this contract.
Article 15 (Customer Information)
The Company may use information about users’ email addresses, gender, age, and other attributes (referred to as “attribute information”) held by the Company, as well as information obtained through user data transmission based on the preceding article.
With a view to protecting user privacy and maintaining the reliability of this service, the Company may take restrictive measures it deems appropriate regarding the types and scope of customer information disclosed to users under this agreement.
Users must store, manage, and use customer information disclosed by the Company based on this agreement with consideration for user privacy and the overall interests of this service. Additionally, users must not leak, disclose, provide, or otherwise handle such customer information to third parties, whether for payment or free of charge (collectively referred to as “leakage, etc.”).
The Company will use the information specified in the first paragraph for the following purposes:
(1) Analysis, planning, and implementation of various promotions that contribute to the benefits of participating companies in this service.
(2) Marketing analysis, planning, and implementation for the expansion of this service.
(3) Other matters agreed upon separately between the Company and the user.
Article 16 (Acquisition and Handling of Information)
The Company may, at its discretion, use user information and this information for the purpose of providing and operating this service, improving and enhancing the content of this service and related services, and for other purposes associated with these business activities, and users shall consent to this in advance.
The Company may, at its discretion, provide to third parties and allow unrestricted use by such third parties of information that is publicly disclosed on digital signage, mobile sites, portal sites, etc., among user information and this information, excluding personal information (as defined in Article 2, Paragraph 1 of the Act on the Protection of Personal Information). Users shall consent to this in advance.
Even if the Company has preserved user information and this information for a certain period for operational purposes, the Company is not obligated to permanently retain this information. The Company may, at its discretion, delete such information. The Company shall not be liable for any damages incurred by users due to such deletion.
Article 17 (Use of the Service)
Users may use this service within the scope of the purposes stipulated in this agreement and in accordance with the methods specified by the Company.
This service may only be used by users for their own purposes, and users shall not use it for purposes other than self-use, such as sales, distribution, development, etc.
Users shall use this service only in the state provided by the Company and shall not modify, change, alter, or adapt this service.
Users shall, at their own expense and responsibility, prepare and maintain the information terminal, software, communication lines, and other communication environments necessary to receive this service.
Article 18 (Prohibition of Program Reproduction, etc.)
If the service is composed of programs, users shall not engage in the following acts with respect to those programs:
(1) Transfer or assign, whether for consideration or free of charge, the whole or part of the program to a third party, set up reusability rights, or replicate and allow a third party to use it.
(2) Replicate the whole or part of the program.
(3) Modify or alter the program.
Users shall bear all liability for compensation if damages arise due to the storage or improper use of the program, and the Company or the right holder shall not bear any burden.
Article 19 (Disclaimer and Limitation of Liability)
Users shall acknowledge in advance the possibility that bugs or malfunctions may occur on the website due to changes in the user’s environment, changes in communication conditions, or other external factors, and that the website may not function properly.
The Company makes no warranty regarding whether this service, the information provided through this service, and the content will meet the user’s specific purposes, possess expected functions, commercial value, accuracy, usefulness, completeness, comply with laws applicable to users, or comply with internal regulations of industry associations, nor does it guarantee that the use of this service will be free from inconvenience.
The Company does not guarantee that this service is universally compatible with all mobile devices, operating systems, etc., and users shall acknowledge in advance the possibility of malfunctions in the operation of this app due to version upgrades, etc. The Company does not guarantee that such malfunctions will be resolved by the Company’s modification of the program.
This service is not designed for purposes requiring high levels of safety, and the Company does not guarantee that this service complies with such purposes, which, if applicable, may lead to serious damage to life, body, organic matter, or the environment.
The Company shall not be liable for any damages arising from the interruption, suspension, termination, unavailability or modification of this service, deletion or disappearance of accounts, failure or damage to equipment, or other reasons related to or arising from this service, regardless of the cause. However, in the event of intentional or gross negligence on the part of the Company, the Company shall compensate the user for direct and normal damages actually incurred.
Article 20 (Prohibited Acts)
In using this service, users shall not engage in any of the following acts, nor shall they directly or indirectly induce or facilitate any of the following acts by third parties:
(1) Acts that violate this agreement or may lead to such violation
(2) Acts of impersonating other users or third parties (including the use of another user’s ID without prior consent, but not limited to this)
(3) Acts of using this service to infringe on the privacy or other rights and interests of other users or third parties
(4) Acts of sending false data
(5) Acts of providing incentives to users only for the exchange of points
(6) Acts of communicating with one’s own or third-party mobile devices, etc., using communication devices or other external tools other than this device, causing unintended effects on this service
(7) Acts of using, creating, or distributing external tools that exploit unintended behaviors or effects of this service or cause abnormalities in the operation of this app
(8) Acts of imposing excessive burden on this site or the Company’s servers, etc.
(9) Acts of using this service for criminal activities or acts that violate public order and morals or laws
(10) Acts of disassembling, decompiling, reverse engineering, or otherwise analyzing the source code of this service
(11) Acts of unauthorized access to the system of this service or unauthorized alteration or deletion of information stored in the Company’s facilities
(12) Acts of advertising, promoting, soliciting, or conducting business activities in a manner contrary to the purpose of this service
(13) Acts of using this service for embedding it in services provided to unspecified or numerous companies
(14) Other acts deemed inappropriate by the Company
Users shall not use the following items as prizes:
(1) Items that violate public order and morals
(2) Items that violate the Firearms and Swords Control Law, the Cannabis Control Law, the Entertainment Business Law, the Washington Convention, or other related laws and regulations
(3) Items that infringe on the copyrights, portrait rights, intellectual property rights, etc., of third parties
(4) Items that allow the use of points for goods vouchers, prepaid cards, revenue stamps, postage stamps, coupons, or other valuable securities
(5) Other items deemed inappropriate by the Company
Article 21 (Handling of Points by Users)
Users shall not engage in discriminatory treatment against users utilizing points, including refusing the use of points, requesting a change to other payment methods, applying different prices or other conditions than those for other payment methods, or setting restrictions other than those specified by the Company, which would disadvantage users using points when exchanging prizes or using services at the user’s facilities, etc.
If users provide users with a point service similar to or equivalent to the point user program based on this agreement, users must treat the notification method, point granting or usage conditions related to this service equally or more favorably than those for that service.
If users provide such a service to users, they must provide sufficient display and explanation to avoid confusion or misunderstanding by users.
Article 22 (Response to Users)
Users, upon receiving inquiries, claims, or complaints (hereinafter referred to collectively as “claims, etc.”) regarding their facilities, prizes, or the operation of the point user program from users, shall promptly report to the Company and handle such matters appropriately at their own expense and responsibility based on this agreement. However, this does not apply to claims, etc. related to the operation of the point user program if the Company determines that the cause of such claims, etc. is attributable to the Company.
Article 23 (Correction Measures for Illegitimate Acquisition or Use)
If users or the suspicion arises that users have engaged in the illegitimate acquisition or use of points, users shall immediately report the relevant information to the Company. Both the Company and users shall cooperate with each other to conduct an investigation for clarification of the cause and implement measures to resolve the issue. The Company may provide guidance on such measures, and users shall guide their facilities based on the Company’s guidance.
If the Company and users provide each other with customer information for the purpose of investigating and implementing measures for illegitimate acquisition or use, the party receiving such information must handle the customer information carefully in accordance with its purpose.
If the Company or users determine that users have engaged in or are suspected of engaging in the illegitimate acquisition or use of points, the Company, after receiving a report, will process the points related to such acquisition or use.
Article 24 (Measures in Case of Violation of the Agreement)
If the Company determines that a user falls under any of the following items or is likely to fall under any of the following items, the Company may, at its discretion and without giving any notice, take measures such as requesting correction of the violation, deleting all or part of user content or other information, temporarily suspending or restricting the use of this service, deleting the account, or terminating this user agreement (“suspension of use, etc.”) against the user.
(1) Violation of any provision of this agreement
(2) If the user has received or is currently receiving measures such as suspension of use, etc. in the use of this service in the past
(3) If it is deemed necessary for the operation and maintenance management of this service
(4) If the user is involved in or cooperating with antisocial forces or maintaining, operating, or managing antisocial forces through funding or other means, or if there is any interaction or involvement with antisocial forces that the Company deems necessary
(5) If there are other reasons similar to the above items, and the Company deems it necessary
Even after the suspension of use, etc., users are not exempt from any and all obligations and liabilities (including liability for damages, but not limited to this) under this user agreement to the Company and third parties.
The Company shall not be responsible for any damages incurred by the user due to the actions taken by the Company based on this article. After the user’s account is deleted, the Company may continue to possess and use the information acquired about the user.
Article 25 (Promotion Plan)
For the purpose of increasing awareness of this service, promoting its use, and contributing to the development of users’ businesses, the Company may promote this service through its website and media (including external media advertised by the Company) at its discretion.
For the purpose stated in the preceding paragraph, users shall, at their own expense, actively cooperate with the Company’s promotional activities for this service in their facilities, websites, media (including external media advertised by users), advertising, and sales promotion measures, after obtaining the Company’s prior approval. The Company will provide users with necessary information and cooperate reasonably by providing promotional materials.
In the event that the Company and users decide to promote this service by methods other than those specified in the preceding two paragraphs, they shall discuss and decide on the content and cost of such promotion.
Users shall actively cooperate in displaying items such as posters, stickers, and banners created by the Company, both inside and outside their facilities, to clearly indicate that the user is a participating company in this service.
For the implementation of the promotion plan stipulated in this article, the Company and users may use each other’s trademarks, trade names, logos, service names, product names, etc., free of charge, within the necessary scope.
With the aim stated in paragraph 1, the Company and users shall make active efforts to promote awareness and use of this service and mutually cooperate.
Article 26 (Confidentiality)
Users and the Company shall, in the case of disclosure through documents, etc. (including electronic means such as emails), clearly indicate on such documents that the information disclosed is confidential, and in the case of oral or other intangible disclosure, notify at the time of disclosure that the information is confidential. Within 10 days after disclosure, they shall specify the information as confidential through written means and shall strictly store and manage the designated confidential information (“confidential information”). However, the following information shall not be included in confidential information:
(1) Information already possessed before receiving the disclosure
(2) Information already known at the time of disclosure
(3) Information that becomes public knowledge not due to the receiving party’s fault after disclosure
(4) Information obtained legally from a third party without an obligation of confidentiality
(5) Information developed or created independently without relying on information provided by the other party
Users and the Company shall use confidential information only within the scope of the purpose of this agreement and shall not disclose or leak confidential information to third parties without the other party’s prior written consent. However, if there is a request for disclosure based on laws or regulations or from a competent public authority, they may disclose to the disclosed destination specified by such laws or regulations to the extent necessary.
If users and the Company seek to allow their employees or third parties to use confidential information with the prior written consent, they shall impose confidentiality obligations on such employees or third parties similar to those in this agreement and take necessary measures (including the conclusion of a confidentiality agreement and management and supervision of the handling of confidential information by these individuals, but not limited to these) to ensure that such employees (including those who have resigned or after resignation) or third parties do not violate confidentiality.
The provisions of this article shall remain in effect regardless of the termination of this service and shall continue to be valid.
Article 27 (Intellectual Property Rights of This Service, etc.)
All intellectual property rights related to this service, this device, and content belong to the Company or the licensor licensed by the Company.
The Company grants the user a non-exclusive license to use this service, this device, and content to the extent necessary for the use of this service. However, this license does not include the right to sublicense to third parties, and it does not imply the transfer or grant of intellectual property rights, ownership rights, similar rights, or rights that can be freely disposed of regarding content to the user.
Trademarks, logos, and service marks of the Company (hereinafter referred to collectively as “trademarks, etc.”) may be displayed on this service. However, the Company does not transfer or license trademarks, etc. to users or other third parties.
Article 28 (Damages)
If a user violates this agreement or causes direct or indirect damages to the Company in the use of this service (including cases where the Company receives claims for damages or other claims from third parties due to such acts), the user shall compensate the Company for all such damages (including legal and professional fees and costs incurred by the Company in responding).
In cases where the Company is intentionally or grossly negligent and there is direct and ordinary damage actually incurred by the user in connection with the use of this service (excluding cases specified in Article 32, paragraph 4), the Company shall compensate the user, limited to the actual damages incurred.
The upper limit for compensation by the Company to the user based on the preceding paragraph shall be 300,000 yen.
Article 29 (Term of Service Agreement)
The term of this service agreement shall be from the date of commencement of use specified by the user in the application form until the end of the separately specified verification experiment period.
Article 30 (Termination of This Service)
The Company or the user may terminate this service by giving one month’s notice to the other party during the usage period. In this case, the Company will notify the user of the schedule for service suspension.
If the user terminates this service in accordance with the provisions of the preceding article or the preceding paragraph (including cases where the user mistakenly deletes the account, and regardless of the reason for termination), the user will no longer be able to use this service from the point of termination.
Even after termination, the user shall not be exempt from all obligations and liabilities (including claims for damages, but not limited to this) under this service agreement to the Company and third parties.
After the termination of this service, the Company may continue to hold and use information acquired regarding the user. The use of the acquired information shall be in accordance with Article 16.
After the termination of this service, if the user wishes to use this service again, the user needs to register again. The user agrees in advance that data such as previously recorded information will not be transferred when re-registering.
As a measure to terminate this agreement, the user must, by the date agreed upon by the user and the Company, notify the user of the termination of the point user program by a separate method specified by the Company. The user shall bear the cost of such notification.
Article 31 (Termination)
The Company may terminate all or part of this agreement without any notice if the user falls under any of the following items:
(1) When the user violates this agreement.
(2) When a promissory note or check is dishonored.
(3) When seizure, provisional seizure, provisional disposition, or other forced execution or disposition for non-payment is filed.
(4) When bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, or special liquidation proceedings are filed.
(5) When there is a significant change in the user’s creditworthiness other than the above.
(6) When the user is dissolved or in a state of business suspension.
(7) When contact with the user is lost.
(8) When administrative authorities or others issue warnings or recommendations regarding sales methods, handled products, or other business operations.
(9) When the Company determines that the sales methods, handled products, or other business operations are contrary to public order and morals or unsuitable for the point user program.
(10) When, regarding the handled products or services, the Company determines that there is or may be a significant disadvantage to users.
(11) When the user frequently engages in fraudulent acquisition or misuse of points and fails to respond appropriately.
(12) When there is a significant change in major shareholders or directors, or when there is a restructuring event such as merger, company split, or business transfer that has a significant impact on the user’s control.
(13) When the Company determines that there is a reason equivalent to any of the above.
(14) When the Company determines that the continuation of the contract with the user is difficult for any reason.
If any of the reasons listed in paragraph 1 occurs for the user, the user’s obligations to the Company shall automatically lose the benefit of the term, and the user must immediately repay all obligations to the other party.
Even if this agreement is terminated based on paragraph 1, the Company shall not be liable for any responsibility for facilities investment, cost burden, loss of profits, or any other damages incurred by the user.
Article 32 (Modification, Suspension, Termination, etc., of This Service)
The Company may change or add to the content of this service in whole or in part without prior notice to the user.
The Company may terminate this service at its discretion by notifying the user one month in advance by posting on this service or on a website operated by the Company, or by other methods deemed appropriate by the Company. However, in emergency cases, the Company may not notify the user.
The Company may temporarily suspend part or all of this service without prior notice to the user in the following cases:
(1) When necessary for the maintenance or construction of the Company’s facilities.
(2) When regular or emergency maintenance or repair of communication equipment facilities for this service is periodically or urgently required.
(3) When it is impossible to provide this service due to unavoidable reasons such as power failure or failure of facilities installed by the Company.
(4) When there is a concentration of system load due to unexpected factors such as excessive access.
(5) When it is necessary to ensure the user’s security.
(6) When cloud services or telecommunications operators suspend the telecommunications service for this service, making it difficult to provide this service.
(7) When it becomes difficult to provide this service due to force majeure such as natural disasters.
(8) When it becomes difficult to provide this service due to unforeseen accidents such as fire, power failure, or other accidents, or due to war, conflict, disturbances, riots, labor disputes, etc.
(9) When the operation of this service becomes impossible due to measures based on laws or regulations.
(10) When the Company deems it necessary based on any of the preceding items.
The Company shall not be liable for any damages incurred by the user due to the measures taken by the Company based on this article.
Article 33 (Measures upon Termination of the Contract)
In accordance with the provisions of Article 29 regarding the expiration of the period, when this agreement is terminated, the Company shall take measures to terminate this service by notifying the user of the termination of this service due to the termination of this agreement one month before the termination date. The Company shall continue such notification until one month after the termination of this agreement. In this case, the Company shall bear the notification costs in the web environment and media prepared by the Company.
In the event of termination of this agreement in accordance with the Company’s provisions in Article 31, the user shall, at their responsibility and expense, promptly notify the user of the termination of this service due to the termination of this agreement by the method specified separately by the Company, and shall continue such notification until one month after the termination of this agreement. The cost of such notification shall be borne by the user, except in the case of termination at the convenience of the Company.
In the event of the termination of this agreement, except when the user’s obligations to the Company lose the benefit of the term due to termination in accordance with the provisions of Article 29, the rights and obligations between the user and the Company already incurred under this agreement shall be settled in accordance with this agreement.
Regardless of the reason for the termination of this agreement and the end of participation in the Point User Program, the user shall not grant or exchange points from the date of termination.
Regardless of the reason for the termination of this agreement and the end of participation in the Point User Program, unless expressly approved in writing by the Company, the user shall promptly discard all data, materials, documents, and any other information provided by the Company after the termination of this agreement.
Even after the termination of this agreement, the Company and the user shall cooperate mutually to take the best measures to prevent issues such as claims from users.
Article 34 (User Support)
Users may request various after-sales services and other post-services only in accordance with the methods and conditions separately specified by the Company.
After receiving a request under the preceding paragraph, the Company may inspect the presence or absence of malfunctions in the system of this service or this site in advance, and after inspecting such system malfunctions, may provide after-sales services and other various services.
Article 35 (Subcontracting)
The Company may subcontract all or part of the necessary tasks for providing this service to a third party at the discretion of the Company, and the user shall agree to this in advance. However, if it is reasonably determined that the third party to whom the subcontract is made has been identified as a violent gang member, etc., or if the subcontractor is deemed to lack the ability to perform the subcontracted business due to the deterioration of management and financial conditions, the Company shall immediately terminate the contract with the subcontractor.
In the case of subcontracting to a third party based on the provisions of the preceding paragraph, the Company and the subcontractor shall conclude an agreement on confidentiality and the exclusion of antisocial forces equivalent to those specified in this agreement.
Article 36 (Exclusion of Antisocial Forces)
The Company and the user declare to the other party that they currently do not fall under any of the following categories and promise that they will not fall under any of the following categories in the future: violent gang, gang member, person who has not been a gang member for five years since leaving, gang-related quasi-member, gang-related company, solicitor, social movement bouncer, special intelligence violent group, or any other equivalent to these (hereinafter collectively referred to as “violent gang members, etc.”):
(1) Having a relationship where it is recognized that a violent gang member, etc., is controlling the management.
(2) Having a relationship where it is recognized that a violent gang member, etc., is substantively involved in management.
(3) Having a relationship where it is deemed that they are unjustly using violent gang members, etc., for the purpose of gaining illegal benefits for themselves, their company, or a third party, or for the purpose of causing damage to a third party.
(4) Having a relationship where it is recognized that they are providing funds or other benefits to violent gang members, etc., or facilitating them.
(5) Having a relationship where officers or those substantially involved in management have a relationship with violent gang members, etc., that is socially condemned.
The Company and the user promise not to engage in the following acts, either directly or through a third party:
(1) Violent demands.
(2) Unreasonable demands beyond legal liability.
(3) Acts of using threatening language, violence, or intimidating behavior in transactions.
(4) Acts of spreading false rumors, using deception, or using force to damage the other party’s reputation or hinder the other party’s business.
(5) Any other acts similar to the above.
If it is discovered that the other party falls under any of the categories in paragraph 1 or engages in any of the acts in paragraph 2, and it is inappropriate to continue transactions with the other party, the Company or the user may immediately terminate the entire or part of this usage agreement without any notice or other procedures.
The Company or the user, who has had this usage agreement terminated under the preceding paragraph, confirms that if the other party has suffered damage due to the application of the provisions of the preceding paragraph, they have an obligation to compensate for the damage suffered by the other party. Also, even if they themselves suffer damage due to the application of the provisions of the preceding paragraph, they will not make any claims against the other party.
Article 37 (Communication, etc.)
Communications from the Company to the user regarding this service shall be made by posting on the website operated by the Company or within the app at appropriate locations, sending emails, or push notifications, or any other method deemed appropriate by the Company.
In the case of notification by email from the Company, the notice from the Company shall be deemed to have been received when the email should normally arrive.
The Company may deliver emails related to this service, such as advertisements and promotions, to the email address registered by the user, and the user agrees to this.
Article 38 (Prohibition of Assignment of Rights and Obligations)
In the event that the Company transfers the business related to this service to a third party or the Company becomes a disappearing or dividing company through a merger or company split, etc., the Company may transfer the position, rights and obligations, and user-related information under this Usage Agreement to the transferee or successor in connection with such business transfer, and the user agrees in advance to this.
Article 39 (Separability)
Even if any provision or part thereof of these terms or other agreements is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the parts other than the provision or part determined to be invalid or unenforceable (hereinafter referred to as the “invalid part, etc.”) shall continue to be in full force. The Company and the user shall make efforts to modify the invalid part, etc., to make it legal and enforceable, to the extent necessary to ensure the purpose and legally and economically equivalent effect of the invalid part, etc.
Even if any provision or part thereof of these terms or other agreements is determined to be invalid or unenforceable in relation to a particular user, it shall not affect the validity, etc., in relation to other users.
Article 40 (Governing Law and Jurisdiction)
End of Document
Enacted on November 14, 2023