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Terms of Service

 

 

Website Terms of Service

Terms of Use

These Terms of Use govern your use of all websites and mobile applications owned or operated by Coway Co., Ltd. and its affiliated companies (“Company” or “we” or “us”) and any other services, applications, interactive features, social media, and resources offered by us through Internet websites, mobile devices or other devices or platforms (all of which are collectively referred to as the “Services”). BY USING THE SERVICES, YOU ACCEPT AND AGREE TO THESE TERMS OF USE. If you do not agree to these Terms of Use, you may not access or otherwise use the Services.

Rights in Materials

As between you and Company, Company owns the Services, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials on the Services, and the look and feel, design and organization of the Services. This includes all intellectual property and proprietary rights in these materials. When you use the Services or download materials from the Services, you do not acquire any ownership of any such content, code, data, or materials.

The Services are only for your personal, non-commercial use. You may not make any commercial use of the Services, or any content, code, data or materials on the Services, unless you have received our prior written permission.

Except as we expressly permit, you may not download, display, copy, distribute, modify, perform, transfer, create derivative works from, sell, or otherwise exploit any content, code, data, or materials on the Services. Doing so may violate or infringe copyright and other laws of the United States and other countries, as well as applicable local and state laws, and may subject you to liability for such unauthorized use.

Trademarks

The trademarks, logos, service marks, and trade names (collectively the “Trademarks”) displayed on the Services are registered and unregistered Trademarks of Company (or other rights holders) and may not be used in any manner that is likely to cause customer confusion, or that disparages or discredits Company or the applicable rights holder. You do not receive, by implication or otherwise, any license or right to use any Trademark displayed on the Services without our prior written permission.

User Information

When you use or register for the Services, you may be asked to provide certain personal information to us (“User Information”).  You agree that your User Information will be accurate and complete and that you will keep it up to date.  Our information collection and use policies with respect to such User Information are set forth in our Privacy Policy. The Privacy Policy is part of these Terms of Use.
You are solely responsible for the accuracy and content of your User Information.

Use of the Services

Your account and password may be used to access any of the Services.  Our single-sign-on service may enable you to access third-party services as well.  You are responsible for your use of the Services and for any use of the Services made using your account.  Accordingly, you are responsible for maintaining the confidentiality of your account and password.  You agree to notify us immediately of any unauthorized use of your account and password or other User Information.

Our goal is to create a positive and safe experience when you and others use the Services. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Services, you may not:

  • send unsolicited or unauthorized advertising or commercial communications, such as spam;
  • transmit any malicious or unsolicited software;
  • use any means to “scrape,” “crawl,” or “spider” any web pages contained in the Services;
  • use automated methods to send more requests to the Company servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; or
  • interfere with or disrupt the Services.

We reserve the right to suspend, refuse service and/or terminate access to the Services without prior notice for any user who violates these policies.

Feedback

If you provide us with any ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback (“Feedback”), whether oral or written, we may use them for any purpose. We may do so without notice to you and without paying any compensation to you. All Feedback is and will be considered non-confidential and non-proprietary.

Indemnification

You will fully compensate us and our directors, officers, employees, and agents (that is, you will indemnify and defend us and them, and hold us and them harmless) for any and all claims, liabilities, costs, and expenses, including reasonable legal fees costs, arising from your use of the Services or your breach or violation of law or these Terms of Use.

We may, at our own expense, assume the exclusive defense and control of any matter otherwise subject to compensation by you, and in such case, you agree to cooperate with our defense of such claim.

Orders for Products and Services

We make certain products available for sale to visitors and/or registrants of the Services. Our policies for pricing, shipping, and returns, as well as information regarding limitations on the availability of certain products, are located at www.coway.com.

You may only order products if you are 18 years old or older or of the age of legal majority. If you place an order, you promise that you meet these requirements.

You agree to pay in full the prices for any purchases at the time of your online order by using any payment means acceptable to Company. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.

You may not resell any products purchased through or via any of the Services for commercial purposes.

Third-Party Websites and Applications

You may be able to access or use the Services from a third-party website, Internet resource, or software application (“Linked Sites”). You may also be able to access and use a Linked Site from a link available on the Services. We have no responsibility for Linked Sites. The inclusion of any link to such Linked Sites anywhere on the Services does not imply our endorsement, sponsorship, or recommendation of that site or of any product or service offered by that site. We do not promise that the contents of any Linked Site are accurate or compliant with local, state or federal law, including any intellectual property laws. Your use of any Linked Site is at your own risk and you assume all responsibilities and consequences resulting from such reliance.

As a convenience, you may use your account and password information to log-in to certain third-party websites and applications (“Third-Party Applications”).  However, we do not share your log-in credentials or any other information with the providers of such Third-Party Applications.  Your use of such Third-Party Applications will be governed by the applicable terms of service and privacy policies established by the third-party providers.  We have no responsibility for such Third-Party Applications.

DISCLAIMERS

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL SUCH WARRANTIES AND CONDITIONS ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

WE MAKE NO WARRANTIES OR CONDITIONS WHATSOEVER REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES REGARDING INFORMATION, CONTENT, AND MERCHANDISE AVAILABLE ON THE SERVICES; UPTIME OR UNINTERRUPTED ACCESS TO THE SERVICES; TITLE; NON-INFRINGEMENT; MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT THE SERVICES OR THE CONTENT, FUNCTIONS, OR MATERIALS CONTAINED ON THE SERVICES WILL BE SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.

Using the internet may expose you to certain risks. We are not responsible for any viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Services or from downloading any materials, data, text, images, video, or audio from the Services.

We try to ensure that the information posted on the Services is correct and up-to-date, but it may not be. We may change any of the information provided on the Services at any time and without any prior warning. We will not be liable for any inaccuracy or omission concerning any of the information provided on the Services or about any merchandise offered on the Services.

THE FOREGOING EXCLUSIONS OF EXPRESS AND IMPLIED WARRANTIES MAY NOT APPLY TO THE EXTENT PROHIBITED BY LOCAL LAWS.  TO THE EXTENT COMPANY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, NEITHER COMPANY NOR ITS AFFILIATES, NOR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR USE OF THE SERVICES EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO COMPANY FOR YOUR PURCHASE OF PRODUCTS VIA THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

TO THE EXTENT COMPANY MAY NOT, AS A MATTER OF APPLICABLE LAW, LIMIT ITS LIABILITIES, THE EXTENT OF COMPANY’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

Applicable Laws

We direct the Services to users located primarily in the United Kingdom. The Terms of Use and the relationship between you and us shall be governed by the laws of the State of California, without regard to its conflict of laws provisions. We do not represent that materials on the Services are appropriate or available for use in locations to which we have not directed the Services. Persons who choose to access the Services from locations to which we do not direct the Services do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Termination

Company may change, suspend, or discontinue any aspect of the Services at any time. If you violate any of these Terms of Use, your permission to use the Services automatically terminates.

Changes to Terms of Use

Company may, at its sole discretion, change, add to or remove any portion of these Terms of Use at any time. Changes in these Terms of Use will be effective when posted on the Services. Your continued use of the Services and/or the services offered on or through the Services after any changes to these Terms of Use are posted will be considered acceptance of those changes.

Arbitration

You and Company agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Company hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and Company relating to the Services or these Terms of Use (each a “Claim”) shall be submitted for binding arbitration in accordance with to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in Los Angeles County, California before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms of Use and any of the other agreements governing your use of the Services. The arbitrator shall not have the power to award punitive damages against any Party. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

YOU MAY NOT ACT AS A CLASS REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL, NOR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, WITH RESPECT TO ANY CLAIM. CLAIMS MAY NOT BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR CAN DECIDE ONLY YOUR AND/OR COMPANY’S INDIVIDUAL CLAIMS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.

This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in the arbitration rules, and the right to certain remedies and forms of relief. Other rights that you or company would have in court also may not be available in arbitration.

Miscellaneous

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found to be invalid, the parties nevertheless agree that the arbitrator or court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect.

 

 

Coway IoT Terms of Service

Article 1. Purpose

The purpose of these terms and conditions is to stipulate basic conditions of rights and duties of Coway Co., Ltd. (hereinafter, “Company”), and members and customers for use of Coway IoT services.

 

Article 2. Definition of Terms

The terms used in the terms and conditions are defined as follows:

① ”Products” are defined as all of products allowed of applying Services manufactured and sold by Company including air cleaner, water purifier, bidet, mattress, water softener, and air quality diagnosis device. Scope of products (devices) applied with Services may be added or deleted dependent upon situations of Company.

② ”Service” is defined as services and their additional services that provide functions of device control, climate and air quality information and other contents via linkage with Products installed at home or business place of Member or Customer and applications provided by Company.

③ ”Member” is defined as an individual who owns Coway IoCare Account, and uses Services provided by Company for Products.

④ “Customer” is defined as purchaser of product (equipment) manufactured and sold by Company upon rental or lump sum payment basis.

⑤ “Company” is defined as Coway Co., Ltd. that provides Member or Customer with Services. Affiliates and overseas corporations (including branches) of Company, or third party specified by Company may, however, perform duties of company in accordance with these terms and conditions, or be beneficiary pursuant to these terms and conditions.

⑥ “Affiliate” is defined as an individual or a corporation that makes use of Service to provide Member with information, contents, software and solution of Product of Affiliate dependent upon conditions stipulated in these terms and conditions.

 

Article 3. Specifics of Services

① Services provided by Company are as enumerated below. Specifics of Services are fully described on WEB or application of each Service:

– Customer who purchases Product of Company only is registered with Purchaser Authority when registering product on Service; and all other Members other than Customer is registered with guest authority. When Member registers product on Service with authority authentication number of Product obtained from Customer purchased Product, he/she is registered with authority of the number when entering the number.

– Customer is entitled to change authority settings for Product on product setting menu of Service, and assign authority authentication number to Member with guest authority. If Member other than Customer registers product, device is only registered without authority.

– When Member other than Customer registers product, registration is made with guest authority or no authority, and Member may make request for authority authentication to Customer.

– If Customer receives request for authority authentication by Member not purchased product when registering product of Customer, Customer may allow authority authentication after checking information of Member requesting for authority authentication (phone number). If Customer do not desire authority authentication, request may be deleted on product settings menu.

– Service of confirmation, control, checking and monitoring of conditions of Product installed at home or business place at local or remote distance, or via WEB or applications

– Service that real-time checks or automatically detects movement via senor embedded in Product, and provides alarms

– Services supplementing Services stipulated in each subparagraphs above, of new Services

② Specifics and scopes of Services may vary upon countries and terminals, and country of supplying Services may vary upon functions. Services are in principle, provide round the clock.

③ When Member operates Product at remote distance, energy consumption takes place, and operating Product for an extended period of time, risks such as fire may take place due to overheat, failure or short circuit of Product. Member is solely responsible for the risks, and Company never bears for the risks.

④ Use of Service requires access to or connection with equipment via mobile network or internet. Member is solely responsible for expenses incurred from access to or connection with mobile network or internet for use of Services.

⑤ It is allowed to automatically down load and update software (including firmware of product) used for Company services. The purpose of software update is to improve capability, security and stability of service or product; however, bug correction, improvement of functions of service and product, software update, and improvement of functions (including entirely new version) may be included. Automatic update may continuously be provided even after Member withdraws from service account as long as product is kept connected via mobile network or internet.

⑥ Types and specifics of Service supplied by Company may vary dependent upon in-house policies of Company and Affiliate.

 

Article 4. Service Provider

Service is available at Product of Company supporting Service, and Product linked with WEB or application for each Service provided by Company. Company may provide Service for Product of Company.

 

Article 5. Service Fees

① Service provided by Company is free. Use of Service may be converted into charged services upon change of policies of Company, and additional services may be launched that is applied with service fees and conditions.

② When purchasing consumables of Product via Service, service fee is separately billed.

 

Article 6. Protection of Personal Information

① Company is entitled to collect the least personal information required for use of Service by Member upon consent of Member. Laws and decrees for protection of personal information apply to collected personal information.

② Company commits its best endeavors into protection of personal information of Member. Refer to personal information treatment policies of Company for further information on methods of protection and treatment of personal information of Member by Company.

③ Member consents on collection and use of personal information in accordance with personal information treatment policies of Company.

 

Article 7. Protection of Minors

① Use of Service by minor member requires consent in advance from legal agent (e.g., parents). Legal agent of minor member shall (i) monitor use of Service by minor, (ii) bear all of risks and responsibilities relevant to use of Service by minors, and (iii) guarantee correctness and trustfulness of information submitted by minor.

② If charged service is added to Service, legal agent may cancel use of charged services by minor. In such a case, legal agent shall prove identity of legal agent of Member to Company, and shall make cancellation indication with method allowed of confirmation and preservation.      If minor subscribes membership with resident number of other adult, or uses payment information of adult without consent of the latter to make Company falsely believe that such minor is competent for payment, use of charged service is not allowed of canceling.

 

Article 8. Requirements to Comply with when Using Service

① Member shall comply with these terms and conditions, all guides provided to Member by Company, and all of laws and decrees applied to Member.

② Member shall use Service for personal and nonprofit purpose in private place of Member (e.g., home).

– Behavior that may cause fault or interruption of Service

– behavior of using Service for purposes other than those stipulated in the terms and conditions

– Behavior breaching portrait right, personal right, intellectual property right, honor right, privacy right, or legal or contractual rights of third party

– behavior of using Service for the purpose of property benefits to himself/herself or others, or to damage others

– Behavior of lending or transfer of authority for use of Service of his/her own, or assignment of access authority to others, or behavior embezzling personal information of others

– Behavior assigning authority to third party for executing software or codes by making use of Service, or behavior distributing virus or other malicious software and codes through Service

– Behavior avoiding technical protection action of Company, or getting such action impotent

– Behavior of using Service with automated tools other than software or hardware allowed by Company without consent in written

– Behavior inhibited in in-house guides of Company and in applicable laws and decrees, or behavior harming public order and standards for decency

 

Article 9. Ownership of Rights

①   Company (or lincesee of Company) owns intellectual property rights of Service and any data included in it (including copyright, trademark right, patent right, utility model right, design right, database right and trade secret), and all of legal rights such as ownership and rights of use and profits. These include design, layout, logo, brand, apparent shape, expression and graphic of Service, including but not limited to software, documents and other data indicated on Service as well as all of information and data provided via Service.

② Member is allowed to use Service within scope explicitly permitted in accordance with the terms and conditions.

③ Member shall not duplicate, redistribute or reposting Service or let others use Service for commercial purposes without consent of Company in written in advance or execution of agreement with Company. Further, Member shall not rent, lend, relicensing, sales, transfer, providing as mortgage or move Service.

 

Article 10. Limit on Responsibilities

① Company neither guarantees nor verifies for any of the followings enumerated below for Service:

– Supply or non-interruption of supply round the clock or at certain timeframe; and safety or no error of contents of Service

– Compliance with of requirements of Member, or satisfaction of capabilities or functions at certain level

– Safeguard against virus, damage or other security intrusion. Company, however, commit reasonable endeavors into protecting Member from security instruction incidents at the current technology level.

② Company is responsible for direct damages only out of damages incurred to Member because of intentional or significant fault of Company relevant to use of Service, and is not responsible for any other indirect, incidental, extraordinary or consequential loss.

③ Company is not responsible for failure of use of Service or damages resulted from cause which Member is solely responsible for such as violation of the terms and conditions or applicable laws and decrees.

④ Company is not responsible for damage incurred on Member in case of failure in supply of Service due to Acts of God or similar force majeure.

⑤ Service may contain contents, data, information, software or hyperlink provided from Member or third party. Company has no control over the same, and does not guarantee or is not responsible for legibility or precision of the same.

⑥ Information, document, software and other data contained in Service are provided ‘as is’ basis. Company tries to provide precise and updated data; however, is not responsible for error, defect or incorrectness of data.

 

Article 11. Legal Relationship between Members, and between Member and Third Party

① The terms and conditions do not give effects on legal relationship between Member and third party; Separate terms and conditions of third part may apply to Member.

② Member shall solely be responsible for responsibility for data exchange with other Member on Service. Company does not guarantee precision or legibility of information, data or other materials posted or exchanged by Member in relevance with Service, and does not intervene in civil or criminal issues resulted from defamation or other illegal behaviors during use of Service between Members or between Member and third party, and is not responsible for the same.

 

Article 12. Posting of Advertisement

① Some of Service are supported by profit from advertisement. Company may post information of advertisement and public notice on Service, add it to Products and WEB or application provided by Company, and may provide Member consented on receiving with this information via appropriate methods such as text messages and push notification. Member is entitled to make request for termination of supply of such information to Company via phone or e-mail whenever he/she desires to do so.

② If information relevant to advertisement and public notice supplied by Member and Company is used, or communication or trade is attempted with advertisement owner, such issues shall fully be rested on responsibility between Member and advertisement owner. Accordingly, Company shall not bear any responsibilities or duties for the same unless there is cause which Company is responsible for.

 

Article 13. Interpretation of Terms and Conditions

Issues or interpretation not stipulated in the terms and conditions shall be interpreted in accordance with Coway IoCare-Terms and Conditions of Use by Member. Should these terms and conditions and other individual terms and conditions such as Coway IoCare-Terms and Conditions of Use by Member deviate or conflict each other, these terms and conditions prevail for Coway IoT Services.

 

Addendum

These terms and conditions shall enter into force as of Dec. 20, 2017.

 

 

IoCare Terms of Service

Article 1. Purpose

The purpose of these terms and conditions is to stipulate rights, responsibilities, duties, and other requirements of COWAY Co., Ltd. (hereinafter, “Company”) and members of Company relevant to general services related to COWAY supplied by Company (all of services supplied by or relevant to Company.

 

Article 2. Definition of Terms

The terms used in the terms and conditions are defined as follows:

  • Product is defined as good manufactured sold by Company.
  • Service is defined as various services supplied by Company to Members independent from terminals where service is implemented (including cable and wireless devices such as PC and mobile phone).
  • Member is defined as a person who accesses service of Company, executes agreement of use with Company for use of Service provided by Company in accordance with these terms and conditions
  • ID is defined as a mobile phone number, e-mail address, and combination of letters and numbers specified and approved by Company for identifying Member, and use of Service.
  • Password is defined as combination of letters or numbers specified by Member for checking identity of Member with specified ID and protecting confidentiality.
  • Posting is defined as all of contents posted by Member while Member uses Services, which includes codes, letters, voice, audio, image and moving pictures, files and links posted by Member on Service.
  • “Customer” is defined as purchaser of product (equipment) manufactured and sold by Company upon rental or lump sum payment basis.
  • Affiliate is defined as subsidiary company or contractor which executes agreement with Company, and is capable of providing services to Member within contracted scope.

 

Article 3. Validity, and Posting and Amendment of Terms and Conditions

  • Company shall post specifics of these terms and conditions on initial service screen or subscription screen to allow Members easily view and understand such specifics, and keep such terms and conditions posted to allow Members check contents of the terms and conditions after successful subscription.
  • Company is entitled to amend the terms and conditions if required for operation of services unless such amendment does not breach applicable laws and decrees. Validity of the amended terms and conditions applies to Members subscribed before amendment also.
  • In such a case of amendment of the terms and conditions, Company specifies application date and amendment reason of such amended terms and conditions no later than seven days before applying amended terms and conditions, and notifies amended terms and conditions together with the terms and conditions before amendment in accordance with the method stipulated in Paragraph 1. Should it be required to urgently amend the terms and conditions because of inevitable reason, Company may immediately amend the terms and conditions, and makes pubic notification of such inevitable reason of amendment of the terms and conditions.
  • Should member do not explicitly indicate opinion of denial of the terms and conditions amended, and clearly notified or noticed by Company in accordance with the methods stipulated in the previous paragraph of this article, such member is assumed agreed with the amended terms and conditions.
  • Member not agreeing application of amended terms and conditions is entitled to terminate use of service, and to withdraw his/her membership. Member continuously using service after amendment of the terms and conditions (after posting of notification and notice) is assumed agreeing with the amended terms and conditions.

 

Article 4. Terms and Conditions, and Rules

  • Company may stipulate specifics of individual services, and post and notify separate terms and conditions, and polices dependent upon such services and their contents.
  • If applicable laws and decrees stipulate analysis of specifics not indicated the terms and conditions, such laws and decrees shall be observed.

 

Article 5. Subscription and Executing Agreement of Use

  • Person who desires to be “Member” (hereinafter, “Subscription Applicant”)is allowed of membership when the person makes application for subscription, and Company accepts such application (upon execution of agreement) after making consent on the terms and conditions and personal information treatment policies of Company.
  • Member is allowed of using services only after acquiring authentication through authentication methods specified by Company after providing Company with personal information for identification of identity of Member. Should Subscription Applicant fail in acquiring authentication via authentication methods specified by Company, such Subscription Applicant may be limited on subscription and services.
  • Company shall, in principle, accept use of services for application by Subscription Applicant. Company may, however, not accept application, or cancel or terminate subscription (executing of agreement) even if successful subscription has been complete in any of the cases enumerated below:

– Subscription Applicant experienced loss of membership pursuant to the terms and conditions; except he/she is allowed of subscription again by Company.

– Subscription Applicant uses information or title of others, or indicates false information.

– Subscription Applicant fails in indicating mandatory information specified by Company.

– Subscription Applicant is not approved because of reasons that he/she is responsible for, or makes application by violating other specified conditions.

– Subscription Applicant commits behaviors violating Framework Act on Telecommunication, Telecommunication Business Act, Telecommunication Ethics Platform, Deliberation Provisions of Telecommunication Ethics Board, Computer Programs Protection Act, Personal Information Protection Act, Use and Protection of Credit Information Act, At on Promotion of Information and Communication Network Utilization and Information Protection Act, and other applicable laws and decrees, and the terms and conditions.

 

  • Once accepting application for subscription in accordance with Paragraph 1, Company is entitled to make request for verification of real name and authentication of identity of Subscription Applicant through independent institutes dependent upon types of Members and Services.
  • Company may suspend approval of application for subscription, if Company experiences insufficient systems for services, or technological or management troubles.
  • If application for subscription is denied or suspended in accordance with the provisions in Paragraphs 3 and 5, Company shall, in principle, notice the same to Subscription Applicant.
  • Execution data of agreement of use shall be the date indicated on application procedures by Company.
  • Company may differentiate use of services for Members different classes of Members dependent upon the policies of Company in use hours, frequency of use, service menus, product registration methods, and service contents.
  • Company may impose limitation on Members of use of services, or dependent upon classes of Members for compliance with regulations on classes and ages pursuant to Act on Promotion of Cinemas and Videos, and Juvenile Protection Act.

Article 6. Management of Member Information of Members

  • Member is entitled to read and correct his/her account information whenever needed through the personal information management screen.
  • If information is changed from information recorded when applying for subscription, Member shall notify such change to Company via online media, e-mail or other methods.
  • Company shall not be responsible for any loss resulted from failure in notifying changes stipulated in Paragraph 2 to Company.
  • Member shall solely be responsible for management of his/her ID and password, and shall not provide ID and password to third party.
  • Company may restrict use of ID if ID of Member is probable of disclosure, is considered antisocial or damages social morals and good manners, or misunderstood as Company or administrator of Company.
  • Should Member recognize abuse of ID or password or use by third party, Member shall immediately notify the same to Company, and follow guides or instruction of Company.
  • Company is not responsible for any loss resulted from failure in notifying such issue stipulated in Paragraph 6 by Member to Company or in following guide or instruction of Company even if Member notifies the same to Company.
  • When Member purchases product (device) manufacture and sold by Company, and registers product (device) on Service, Member shall be authenticated in accordance with methods specified by Company by making use of mobile phone number used by Member.
  • Company is entitled to use account information of Member such as name, and profile photos for services requiring account of Company. Company is also entitled to change previous name related to Member account of Company for consistent indication of name of Member.

 

Article 7. Notice to Member

  • Company may make notice to Member in SMS or e-mail forms via account information of Member (e.g., mobile phone number/e-mail address) unless specified in the terms and conditions otherwise. If such information is false or Member fails in recognizing notice, or notice is not transmitted due to trouble of management firm of information, Company is not responsible for notification.
  • If Company makes notification to unspecified number of Members, Company shall post such notification on bulletin board or initial screen of Service for seven days or longer, shall not be responsible for damage resulted from Member’s failure in reading posted notification.
  • Company may provide information or advertisement determined useful for Member via account information, and Member not desiring such information is entitled to deny receiving such information on personal information management menu. Company may, however, transmit public notice such as change of terms and conditions of membership, personal information treatment policies, and significant marketing policies that Member shall recognize independent from denial of receiving of Member.

 

Article 8. Duties of Member

  • Member shall provide actual information of his/hers when subscribing (executing agreement), and immediately correct changes of such information, if any. Loss caused by failure in correction of change shall be born by Member.
  • Member shall not use ID or personal information of others.
  • Member shall comply with requirements stipulated in the terms and conditions and applicable laws and decrees, and shall solely be responsible for any and all of losses resulted from negligent management of personal information.
  • Member shall monitor his/her ID for embezzlement by others from time to time, and immediately report probability of embezzlement or illegal use of ID to Company, if detected.
  • Member shall solely be responsible for any and all of losses resulted from failure in normal termination (logout) after using service. Member shall also not use services provided from Company by making use of methods other than official methods recognized by Company.
  • If Member detects bug or defect on Service while using Service, Member shall report the same without delay, and shall not abuse the same.
  • Member shall comply with regulations stipulated in the terms and conditions, guide on use, cautions relevant to Service, and other notices from Company, shall not commit behaviors that may interrupt normal operation of Company business.
  • If mobile phone number authenticated when registering product (device) on Service is changed, Member shall change mobile phone number information on My Information, or Account Information menu.

 

Article 9. Duties of Company

  • Company does not commit behaviors inhibited in the terms and conditions and applicable laws and decrees.
  • Company commits its best endeavors into providing Member with consistent and stable Service.
  • Company shall treat opinion or complaints raised by Member relevant to use of Service, if such opinion or complaint is recognized reasonable. Should Company be, however, incapable of immediate treatment of such opinion or complaint, Company shall notify Member of reason and treatment schedule.
  • In case of acquisition, merge or disposal of assets of Company, Company keeps confidentiality of personal information secured, and provides user with notice before personal information transferred to other company is applied with personal information processing policies of such company.

 

Article 10. Supply of Services

  • Services provided by Company are as enumerated below:

– Information via product after registering product (device) manufactured and sold by Company, and services supplying contents (e.g., climate/air quality data) supplied by Company

– Services additionally developed by Company, or provided to Member through execution of affiliate agreement with other companies

  • Company may divide Services in certain scopes, and specify available time of Service in each scope. In such a case, Company makes notification of specifics of the same in advance.
  • Services are in principle, provide round the clock.
  • Company may temporarily stop supply of Service in cases of maintenance/inspection of information and communication systems such as computer, communication interruption or reasonable causes for management. In such a case, Company notifies the same to Member with methods stipulated in Article 7 Notice to Members. Company may, however, notify the same if notice in advance is infeasible due to inevitable causes.
  • Company may perform regular inspection, if required for supply services, and regular inspection time is notified on service supply screen.
  • Company may verify and utilize (storing member information) information of mobile phone number and product (device) provided by Member on the marketing information system of Company when Member purchases product (device) to get authentication of Customer while Member registers product (device) during use of Service.
  • Third party may register product owned by Customer by making use of barcode and barcode number. Sensitive information for use of product (device) such as control is, however, provided by discretion of Customer.

 

Article 11. Change of Services

  • Company is entitled to change whole or part of services upon reasonable operation and technical causes.
  • If specifics, or method and time of use of Service are changed, Company shall post reason of change, specifics of service to be changed, and supply date of changed services on initial service screen before such change.
  • Company is entitled to correct, interrupt or change part or whole of services supplied to Member free, if required for polices and management of Company, and does not compensate Member for the same unless applicable laws and decrees stipulate otherwise.

 

Article 12. Limit on Services

  • Should Member provide false information of mobile phone number and e-mail address, Member shall solely be responsible for any loss incurred to Member.
  • If separate authentication is required for use of Service by Member, Company may demand Member of separate authentication procedures before supplying Services.
  • Company may limit or suspend use of Service by Service without notice in advance in any of the cases enumerated below:

– Embezzlement or false input of ID and personal information by Member

– Abnormal behavior, or violation of provisions

– Causing unpleasantness or damage to Company or others by making use of abuse language on bulletin board and other online space

– Abuse of bugs or defects of Service

– Violation of applicable laws and decrees by Member

– Unjust registration of product (device) by Member without consent of customer of product (device)

  • Company does not compensate Member for correction, interruption or change of part or whole of services supplied to Member free unless applicable laws and decrees stipulate otherwise.

 

Article 13. Collection of Information

Company collects and uses information for the purpose of supply, maintenance, protection and improvement of Service provided to Member, development of new services, and protection of Member.

  • Company may store or use information of product (device) of Member (barcode information and product registration information within Service) when Member registers product via Service.
  • When Member uses Service, or registered product (device), information of use is automatically collected and stored.
  • Company collects information of individual devices such as hardware model, operating system version, unique device identifier, and mobile network information (including mobile phone number).
  • Subscription information of Member may be used as account information of every Member supplied by Company. Member may correct information for consistent indication on Service provided by Company.
  • When Member makes inquiry via Service, Company reserves communication records for facilitating resolution of trouble of Member.
  • Information of actual position of Member is collected and processed while Member uses Service, and position is identified by making use of diverse technologies such as IP address and GPS (e.g., peripheral equipments, Wi-Fi access point, and sensors supplying information of base station).
  • If Company uses information of Member for purposes other than those stipulated in the terms and conditions, Company asks consent to Member via Service.
  • Company may manage (operate) personal information and product (device) information at services managed by Company located in multiple countries in the world, and may processing personal information and product (device) information of users at servers located in areas other than country where Member resides.

 

Article 14. Supply of Information

  • Company may provide Member with information determined necessary for use of Service by Member as notification, or via mobile phone, SMS or e-mail. Member is, however, entitled to deny receiving of SMS or e-mail whenever required except information of transaction and reply to inquiry of customer pursuant to applicable laws and decrees.
  • Company is entitled to post advertisement on service screen, homepage and e-mail in relevance with operation of Service. Member receiving e-mail containing advertisement is entitled to make request for denial of receiving to Company.
  • Member does not take any actions such as change, correction or limitation of posted materials or other information relevant to Service provided by Company.
  • Affiliate may read and store account information of Member by executing agreement with Company, and utilize such information for marketing (e.g., DM) within contracted scope between Company and Affiliate. Information and roles of Affiliate are stipulated in personal information processing policies, and Affiliate shall comply with the policies.

 

Article 15. Third Party Services

Company may link Service to social media or other functions and services (e.g., website, plug-in and Widget) provided from third party. Further, Member may log in services provided by third part through Service provided by Company.

  • Member may log in Service provided by Company by making use of login service of Open ID provider. This login service provides options for sharing particular personal information such as name, profile photo, e-mail address and mobile phone number of Member for the purpose of authentication of Member, account registration and login.
  • Member may subscribe or log in services provided by third party by making use of member information of Service provided by Company. These third part services provide option for authentication of Member, and sharing of particular personal information with Company.
  • When Member uses account of Company, Company may indicate name and profile photo of Company, and tasks performed at applications of Company or other companies linked with Company account (e.g., review and reply) on Service provided by Company (including indication of advertisement or other commercial services).
  • Member may set his/her name and profile photo hidden from advertisement.

 

Article 16. Sharing Information of Company

Company does not share personal information with companies, organizations and individuals other than Company except in cases enumerated below:

  • Personal information is shared with companies, organizations and individuals upon consent of Member. If it is required to share sensible personal information, Company makes request for content to Member.
  • If domain administrator manages accounts of Company in lieu of Company, domain administrator and reseller are entitled to access Company account information of Member (e.g., e-mail address and other data).
  • Company may prove personal information to subsidiary of Company or trustful companies and individuals for performing personal information processing task of Company in lieu of Company while complying with personal information processing policies and other confidentiality and security-relevant provisions based on guides of Company.
  • Company shares personal information with companies, organizations or individuals other than Company if Company believes access, use, reserve or disclosure of personal information are required for the legal purposes enumerated below:

– Compliance with applicable laws and decrees, regulations, legal procedures or forcible demands of government

– Executing service terms and conditions including investigation of violation of the terms and conditions of use

– Detection, prevention or resolution of fraud, security or technical troubles

– Protection of Company, Member, and rights, properties and safety of general public from risk elements

– Company may share information not allowed of identification of individuals with partners of Company such as posting party, advertisement owner, and linked sites, and open such information to general public. For example, Company may open information showing typical trends of use of Service to general public.

 

Article 17. Ownership and Limit on Use of Copyrights

  • Copyrights and other intellectual property rights of works developed by Company are owned by Company; Member shall not use information obtained during use of services for commercial purposes with processing, duplication, publishing, distribution, broadcasting or sales, or provide such information to third party without consent of Company in advance.
  • Rights and responsibilities of posted materials developed by Member are owned by Member; Company shall not use such materials for commercial purposes within service scope, or provide them to third party without consent of Member.
  • Company may delete posted materials developed by Member including contents, design, diagram and symbol in any of the cases enumerated below without notice in advance:

– Contents slandering other members or companies, or damaging honor by defamation

– Contents harming public orders, and social morals and good manners

– Contents recognized collateral with criminal behaviors

– Contents breaching copyright and other rights of Company and third party

– Unidentified or false information

– Posting for the purpose of advertisement

– Misrepresenting administrator or responsible staffs of Company

– posting not compliant with the nature of bulletin board

– Violation of applicable laws and decrees

  • Loss of trouble resulted from posting and information of Member shall be born by Member, and Company is not responsible for such loss of trouble.
  • Should claim, lawsuit or conflict be raised by third party to Company due to posting of Member, Company shall bear all of expenses incurred from resolution of the same, and defense Company. If Company makes compensation to third party, or damage takes place on Company, Member shall reimburse Company for the compensation or damage.

 

Article 18. Termination of Agreement and Withdrawal from Membership

  • Member is entitled to apply for termination of agreement or withdrawal from membership via Customer Center in Service, or My Information Management menu whenever he/she desires to so, and Company shall immediately treat such application pursuant to provisions in applicable laws and decrees.
  • When Company terminate agreement, all of data of Company is eliminated immediately upon termination of agreement except Company shall reserve membership material shortages and obsolete items of system of Company pursuant to applicable laws and decrees, and personal information processing policies Company.
  • If Member does not visit Service for one year after the date of last visit, Member is classified into dormant member (dormant account) pursuant to Act on Promotion of Information and Communication Network Utilization and Information Protection Act.
  • When Member classified into dormant member visits Service within further one year, classification into dormant member is canceled; Otherwise, such member is automatically withdrawn from membership, and personal information of such member is disposed in accordance with the personal information processing policies.
  • Company is entitled to make forced withdrawal or interrupt use of Service without notice in advance, if Company falls into any of the cases enumerated in Article 5, Paragraph 3.

 

Article 19. Personal Information Processing Policies

Company protects personal information of Member, notifies such protection in form of personal information processing policies, and commits its endeavors into protection of personal information of Member.

 

Article 20. Compensation of Damages and Immunity

  • Company shall be free from responsibilities of indemnification and compensation for any damage incurred to Member relevant to use of free Service, unless Company is not responsible for intentional or critical faults.
  • Should Company stop operation of Service due to causes such as Acts of God, emergency situations or other equivalent event, Company is exempted from responsibility for trouble incurred to Company because of interruption service, and is not responsible for interruption of use of service resulted from causes that Company is responsible for.
  • Company is entitled to perform diversity of advertisement activities to Member for operation of Service. Company is not responsible for damages to Member by advertisement owner, not by Company.
  • Company is not responsible for damage resulted from use of Member by violating the terms and conditions or applicable laws and decrees such as direct transaction, or damage caused by fault of Company such as negligent understanding of methods of use, failure in checking notification, or input of incorrect information.

 

Article 21. Resolution of Dispute and Jurisdiction Court

  • Lawsuits between Company and Member are handled pursuant to the laws of Korea.
  • Company accepts and treats inconvenience, complaints and other opinions from members relevant to personal information management and use of service via homepage, e-mail, phone and letters.
  • Company and Member are entitled to submit application for resolution of conflicts, if any, to Personal Information Conflict Resolution Board for rapid and effective resolution of conflict.
  • Any lawsuits from conflict on use of services shall be brought to Seoul Central Regional Court, or other courts pursuant to Civil Procedure Act of Korea.
  • The terms and conditions may be provided in Korean version, and translation version of foreign languages (languages of countries where COWAY products are marketed such as English, Chinese, and Malaysian). If there is difference between Korean version and translation version (within scope allowed by applicable laws and decrees), Korean version prevails.

 

Article 22. Payment of Online Fee Billing

  • Member using goods or services supplied by Company may make payment of monthly fees for products or services from Company with any of the payment methods; payment by credit card, or real-time bank transfer.
  • Company provides payment service by making use of the payment amount deposit service of KCP. Payment amount deposit service providers may, however, vary dependent upon Service provided by Company, or county of supply of Service.

Article 23. Online Service and Product Registration of WEB/App

  • Member may receive free Service from Company by installing WEB or app provided by Company. Some of services may, however, be limited for customers other than those of Products manufactured/sold and serviced by Company.
  • Terms and conditions for use of position-based service apply if Member shall provide position information for the purpose of position-based services out of services provided by Company.
  • Member may remove service apps by mobile communication whenever he/she desires to do so.
  • Information and services may be limited if Member is not Customer when the former registers product.
  • If Member not being a Customer enters authority authentication number obtained from Customer when registering product, Member is allowed of using services and products within scope approved by Customer.
  • Non-purchasing member of all of products of Company may register products (devices); Basic authority is assigned to non-purchasing member when registering for use of basic contents services provided by Company. Customer may, however, prevent non-purchase of using basic contents services out of Services, and non-purchaser may make request for authority for registered products (devices) to Customer.
  • Customer may manage authority authentication number for use after registering products (devices) on Services and assign such number to non-purchaser; Customer is solely responsible for supply of authority authentication number.

 

Addendum

These terms and conditions shall enter into force as of Dec. 20, 2017.

These terms and conditions shall be complied with by Coway Integrated Member or Airmega Member who subscribes Service of Company after authentication of Coway Integrated Member and Airmega Member pursuant to these terms and conditions.