STA Wallet User Agreement
1. Purpose
STA Wallet User Agreement (Agreement) governs using STA Wallet Service. The purpose of Agreement is to stipulate the rights, the obligations, and the responsibilities of Hackersholdings Ltd (HL) and STA Wallet members who access and use Service and others provided by HL.
2. Definition
2.1. “Member” means the users who agree Agreement and STA Wallet policy of the processing of personal information to use Service.
2.2. “Service” means STA Wallet digital asset trading Services and any other Services that Member can access and use regardless of the type of electric devices such as PC, portable wired and wireless terminals.
2.3. “Applicant” means the people following STA Wallet’s application procedure to be Member.
2.4. “ID” means a combination of numbers and English alphabets which HL allocates to Member to provide Service after Member agrees Agreement and STA Wallet policy of the processing of personal information.
2.5. “Nickname” means a combination of numbers and English alphabets which Member creates, and HL collects so that Member accesses and uses Service.
2.6. “Digital Asset” means the objects that HL offers Member in Service like Bitcoin and Etherium. Member has a right to withdraw the amount of Digital Asset Member holds in STA Wallet accounts.
2.7. “KRW” means a virtual meaning and a virtual unit so that Member can trade in Service and can exchange with South Korea fiat money.
2.8. “External Digital Asset Address (EDAA)” means every type of digital asset address or account which Member or other third parties may possess out of Service. HL does not manage or control EDAA.
2.9. “STA Wallet wallet” means a digital asset wallet to store Digital Asset linked to Member’s ID. Member can transact Digital Asset with EDAA through STA Wallet wallet.
2.10. ”Objects” means various types of the information that Member uploads like videos, voice records, messages, electric files and web links etc. in Service.
2.11. “Contents” means digital information or materials like code, character, figure, colors, voice, sound, image, video etc., which HL provides Member.
2.12. “Open Market Businessperson (OMB)” means an electronic commerce business agency which provides an installation of Service and a payment system in Service.
2.13. “Open Market” means an application trading site which the Open Market businessperson manages.
2.14. “Payment Agency” means the agency which provides a tool of electronic payments like credit card payments and mobile phone payments.
2.15. ”Fee Payment“ means a conduct to pay a fee to purchase Contents in Service.
2.16. “Chargeable Contents” means Contents purchased by the Fee Payment.
2.17. “Market” means a virtual space which Member can trade Digital Asset.
2.18. “Significant Partners” means a company which provides some of the important functions such as a login and a linkage etc. in Service with an association contract.
2.19. “Market Price” means a real-time price of Digital Asset when Member trades Digital Asset.
2.20. “Coin Miner” means a person or an agency which produces a block containing transaction records to gain coins and supplies the coins to STA Wallet with the commission fees which HL pays.
2.21. “Rightful Person” means a person who has a legal ownership of Objects.
2.22. “Faultiness of Digital Asset” means a failure of satisfying any of the requirements in Bitsota ICO checklist provided by Bitstoa exchange or any technical flaws for Digital Asset.
2.23. “Token” means a type of Digital Asset which borrows the existing block-chain of Digital Asset.
2.24. “Contract Address” means a virtual address which receives the relevant data for the deposit or the withdrawal between different Digital Asset without a personal key for Token.
2.25. “Use Contract” means a contract which Member makes with HL to use Service. The contract is complete when the applicants who want to use Service are verified by HL.
3. Announcement and amendment
3.1. HL posts Agreement in Service or any other ways which link to Service such as a pop-up window so that Member can easily notice and access them.
3.2. HL can amend Agreement in any related law if necessary.
3.3. If the amendment of Agreement is necessary, HL officially announces the amendment in detail 7 days before applying the amended terms and maintains the official announcement until one day before applying the amended terms. If there are any disadvantageous terms for Member in the amendment, HL announces the amendment 30 days before applying the amended terms.
3.4. HL clearly announces the amendment in a way following Clause 3.3. and clearly explains in the announcement that Member’s silence to the amendment amounts to Member’s acceptance to the amendment. Despite the clear explanation, if Member keeps silence to the amendment HL will regard the silence is Member’s acceptance to the amendment.
3.5. If Member does not agree with the amendment, Member always has a right to express the disagreement to HL and cancel own Agreement to Agreement until one day before applying the amended terms.
4. Interpretation of Agreement
4.1. HL may have any separate operation policies regardless of Agreement.
4.2. Any other matters which Agreement does not construe or interpret comply with HL’s operation policies, the usage guidance of STA Wallet web, the usage guidance of STA Wallet mobile application or any related regulations or law in South Korea.
5. Member’s consent for Agreement
5.1. HL recognizes Member’s consent for Agreement when HL verifies Applicant after passing STA Wallet’s application procedure.
5.2. HL may not verify the applicants or may cancel the verification even after recognizing Member’s consent for Agreement if HL finds any of the grounds below;
5.2.1. Applicant has breached any of the terms or conditions in Agreement and lost STA Wallet membership previously.
5.2.2. Applicant uses other third parties’ names or fake names.
5.2.3. Applicant does not provide any information which HL requires or provides any false information to HL intentionally.
5.2.4. Applicant causes any problems which interrupt HL’s verification or breach any of the terms or conditions in Agreement during STA Wallet’s application procedure.
5.2.5. Applicant tends to use Service for any personal business purposes or any unlawful purposes.
5.2.6. Applicant tends to use Service to harm any public order or traditional custom.
5.2.7. Applicant does not reside in South Korea or are below age 19.
5.3. Member’s consent for Agreement is recognized by HL when HL states the completion of creating the applicants’ accounts during the application procedure or when Applicant receives a notification of the completion of the application in compliance with Clause 22 of Agreement.
5.4. To examine the truth of the information Member submits, HL may ask Member to prove the authentication of Member’s identity with any additional document issued by a certain specialized organization in the extent of the related law.
6. Alteration of Member’s information
6.1. Member can check own information and alter them at any time. However, Member cannot alter own ID for the management of Service.
6.2. When Member’s information is outdated, Member directly updates the information or gives a notice to HL’s customer Service department to update.
6.3. HL is not responsible for any disadvantages caused by a failure of giving a notice to HL for Member’s outdated information.
7. Management of Member’s information
7.1. HL may restrict Member uses Nickname in some certain conditions below;
7.1.1. Member’s personal information is likely to be disclosed by using Nickname.
7.1.2. It is likely that Nickname causes any confusion with any other third parties’ identities.
7.1.3. It is likely that Nickname is antisocial or against public orders.
7.1.4. Nickname is likely to infringe other third parties’ rights.
7.1.5. Nickname is likely to give rise to misunderstanding which Member is HL or HL’s operator.
7.1.6. Regardless of the conditions above, HL has any other proper reasons to restrict using Member’s Nickname.
7.2. HL regards a person is Member without any additional procedures if the person’s information is the same as the registered information such as ID and password etc.
7.3. Member is responsible for securing own information to prevent any other third parties’ access to Member’s account without Member’s permission.
7.4. When Member notices a loss of own information necessary to access own accounts or that other third parties steal the information, Member should inform the facts to HL so that HL can properly cope with that.
7.5. HL is not responsible for Member’s loss or damage caused by a public disclosure or a loss of Member’s personal information relating to the access of Member’s account. Nonetheless, HL is responsible for Member’s loss or damage caused by HL’s mistakes or malicious intents.
8. Personal data protection
HL endeavors to protect personal data in compliance with any related laws such as Information Communications Network Act, Personal Information Protection Act in South Korea. The related laws and HL’s policies for processing the personal data are applicable for the use and the protection of the personal data. However, the HL’s policies are not applicable for any computer display which HL does not create or provide and link to any externals.
9. HL’s duty
9.1. HL endeavors to maintain the continuity and the stability of the quality Service in compliance with any related laws and Agreement.
9.2. To protect the personal data including credit data, HL publicly gives a notice of HL’s policy for processing the personal data and complies them in an appropriate security system. HL must consistently manage the security system.
9.3. Where Member raises any complaint or grievance on using Service, if HL acknowledges it is reasonable HL must take a proper action to settle the issues. Furthermore, HL explains their solutions and the consequences which could be caused by the solutions to Member through Member’s emails or the noticeboard on STA Wallet’s website.
10. Member’s duty
10.1. Member is not allowed to conduct below;
10.1.1. stealing other third parties’ data
10.1.2. altering any information which HL uploaded
10.1.3. transmitting or uploading any data which HL does not permit
10.1.4. infringing any legal rights in the intellectual property law such as HL’s copyrights or any other third parties’ copyrights etc.
10.1.5. interrupting HL’s business or defaming HL’s reputation or any other third parties’ reputation.
10.1.6. publicly uploading or disclosing any contents against public orders and social adequacy in Service, such as sexual or violent messages, videos, voices, or fake news
10.1.7. using Service for any personal commercial benefits without HL’s permission
10.1.8 accessing Service, applying STA Wallet membership, overloading HL’s servers, or creating or increasing the click-through rate by using any types of automatic device like Agent, Script, Spider, Spyware or Toolbar without HL’s permission
10.1.9. collecting other Member’s personal data including personal account
10.1.10. disordering the sound trading culture by using any methods which could influence Market Price
10.1.11. any other illegal or unreasonable acts
10.2. Member must comply with HL’s instructions or announcement in relation to the relevant laws, HL’s policies, HL’s user guidance and Service. Additionally, Member does not conduct which can interrupt HL’s business.
11. Copyright of Objects
11.1. Objects has a copyright. The copyright is protected by Copyright Law. Member grants a permanent license (The License) to HL, which HL can edit, save, copy, alter, publicize, transmit, distribute, and publicly demonstrate Objects for the certain purposes below:
11.1.1. to operate and improve Service, develop new Service, or promote etc.
11.1.2. to produce and distribute the secondary literary property
11.2. If HL wants to use Objects for any other purposes except the purposes under Clause 11.1, HL will have to contact Member through email, telephone, or fax etc. to get Member’s consent.
11.3. The License is valid even after Member withdraws their consent for AGREEMENT or the recognition of Member’s consent for AGREEMENT is cancelled by Clause 21.
12. Rights to use Objects
12.1. Member is responsible for any problems or losses caused by which Member randomly uses Objects without any permission from HL. HL is not responsible for that.
12.2. Member cannot use Objects to infringe copyrights or portrait rights. If any Member infringes the rights by using Objects, the Member will be fully responsible for all the consequences caused by the infringement.
12.3. Member cannot use Objects without any permission from HL for some commercial purposes or any other personal profits.
12.4. If any Member uses Objects without HL’s consent and it causes any types of damage or/and loss on HL, the Member will be legally responsible for the indemnity of the damage or/and the loss.
13. Management of Objects
13.1. Member is not allowed to include to Objects any information which may infringe copyrights or any fake information. If Member includes to Objects any information which breaches any laws regarding the promotion of information and communication network use and protection of information or the copyrights law, Rightful Person will be able to ask HL to delete the Objects and stop uploading the Objects and HL will process that in the compliance with any related laws.
13.2. Although Rightful Person does not ask HL to take a proper action on Objects containing fake information or any information which breaches the laws or the copyrights law, if HL reasonably believes the Objects contains any fake information or any information which breaches any laws or HL policy HL can reject or delete the Objects.
14. Possession of legal rights
14.1. HL has the copyrights and the intellectual property rights on Service.
14.2. HL only grants a legal right of using Service to Member in compliance with AGREEMENT. Member is not allowed to dispose and sell Service or provide any collateral with Service.
15. Providing Service etc.
15.1. HL can divide Service in different categories and set the different usage time for each category. If HL decides to do that, HL must give a notice to Member in advance.
15.2. HL provides Service for 24 hours per day.
15.3. HL can temporally cease Service when they have any proper reasons like the replacement or the repair of any electric device, any glitch of Service, any errors of the operation system etc. It HL finds any proper reasons to do so, HL will have to give a clear notice on STA Wallet’s noticeboard or the initial screen page of STA Wallet website.
15.4. If it is necessary, HL may take the maintenance time to check any type of technical issues relating to Service. The Company always notifies the maintenance time on STA Wallet’s noticeboard or the initial screen page of STA Wallet website.
16. Alteration of Service
16.1. HL may alter Contents of Service, the operation system, or any technical elements etc. to improve the stability of Service.
16.2. When it is necessary to alter Service, HL gives a notice including the application date of the altered Service to Member in advance. However, if HL cannot give a notice in advance with a clear reason, HL gives a notice for the altered Service after applying them.
16.3. Member can disagree with the alteration of Service. Member can express the disagreement with the alteration of Service to HL and cancel Agreement.
17. Using Service
17.1. When Member deposit cash to the bank account which HL designates, including the case HL collects with Member’s consent, HL indicates KRW calculated by a ratio of 1KRW/1WON in Member’s STA Wallet account. Member can exchange cash with KRW where Member have general bank accounts under their legal names; it means Member can only make financial transactions between HL’s account and Member’s account in the same bank.
17.2. Member must submit the order of the sale and purchase of Digital Asset in the way HL rules.
17.3. When Member make an order to sell or purchase Digital Asset, Member must hold the equivalent amount of KRW or a legal claim to withdraw Digital Asset.
17.4. HL provides a summary of the sale and purchase order including the price, the amount of Digital Asset and the commission fee etc. to Member. If HL does not provide this summary, Member agree to not interrupt the processing of the sale and purchase order.
17.5. Member agrees HL is not responsible for the fluctuation of the price of Digital Asset. Where it is inevitable to cease the Digital Asset market or the situations which Clause 23.2 ascertains occur, HL can take one of the actions below, but HL is not responsible for any loss of Member caused by the actions below;
17.5.1. The suspension of the access to Service
17.5.2. The suspension of any activities in Service
17.6. If Member ask HL to withdraw KRW being held by Member, HL transfer the amount of KRW calculated by a ratio of 1KRW/1WON to Member’s registered bank account.
17.7. HL may directly conduct KYC (Know-Your-Client) or ask any other professional institutions to conduct that on behalf of HL to verify the truth of Member’s information which Member provide to deposit or withdraw cash or Digital Asset.
17.8. If the balance in Member’s STA Wallet account is bigger than the amount of the pending order, Member can transfer the balance excluding the commission fee to the external Digital Asset address. Member is fully responsible for the accuracy of the external Digital Asset address which Member provides HL. Where Member submit the wrong external Digital Asset address to HL, HL is not responsible for transferring Member’s Digital Asset to the wrong external Digital Asset address.
17.9. When transferring with the telephone, the transferor’s name and the transferred amount disclose to the transferee.
17.10. When transferring with the telephone, Member must provide the correct information of the transferee (including nonmembers). HL is not responsible for any other issues caused by providing any wrong information of the transferee.
17.11. To implement the crypto asset businessperson’s duties which Specific Financial Information Act construes, HL can collect, save, use, and manage Member’s information and transaction records relating to KYC etc. HL may provide the information and the records to any other third parties institutions: Korea Financial Intelligence Unit or other crypto asset institutions which the related law designates. HL may reject the applications or restrict Service where the applicants or Member do not provide the information HL requires during the application procedures or the trading procedures. HL can include all the details regarding the list of the relevant information to verify KYC, the levels of the verification, the verification procedures, and the extent of Service for each level of the verification in HL’s operation policy, operation guide and usage guidance.
18. Cautions of using Service
18.1. HL may reject the sale and purchase order (the Order) in Service or may restrict transaction money or Digital Asset or any other transaction conditions to prevent the other members’ loss or disadvantages where HL find any of the Order or the transactions fall into Clause 5.2, Clauses 20.1 and 20.2. In these cases, HL must give a notice to the members.
18.2. Member can only cancel the Order Member submitted before the completion of the processing of the Order. If the Order was partially complete, Member can cancel the remainder. If Member make the Order at the market price, HL can cancel the Order.
18.3. If the amount of Digital Asset Member holds in STA Wallet account is smaller than the amount of Digital Asset Member makes the Order in Service, HL may cancel the Order entirely or may partially process the Order with the transferable balance Member holds.
18.4. HL may shut down Service entirely where HL is struggling to continue Service with any significant reasons such as financial difficulties, poor profits from Service, the expiration of any important partnership for Service etc. In this case, HL must give a notice to Member through the way Clause 22.1 construes before 30 days from the shutdown date, including the reasons to shut down Service, the shutdown date, and the ways to transfer Member’s Digital Asset from STA Wallet’s accounts if HL does not have any inevitable reasons that HL cannot give a notice to Member. Although HL does not support any trading Service anymore, HL must support Member safely transfer Member’s Digital Asset in the compliance of Clause 18.5.
18.5. HL can terminate a trading Service of Digital Asset, if HL has any irresistible reasons to cease Service such as Faultiness of Digital Asset, the insolvency of any important Partner or any other reasons which any related laws or South Korea government’s policy ascertain. HL make a reasonable effort to give a notice of the termination to Member in advance. HL must support Member can transfer all Digital Asset from STA Wallet accounts to other crypto exchanges’ accounts within 30 days before the termination date. HL must state the notice including the reason of terminating Service in detail in a separate operation policy.
18.6. Contents in Service is merely the supporting materials to use Service. Contents does not offer or imply any particular investment or trade. HL does not ensure the accuracy of any information which Contents or any other informants provide.
18.7. HL can support new types of Digital Asset trade with HL’s operation policies.
18.8. When HL issues a deposit address for a particular type of Digital Asset, Member always double-check a type of Digital Asset with the deposit address. If Member try to deposit a different type of Digital Asset with the issued deposit address, the deposit will not be processed. In this case, HL is not responsible for any loss or disadvantages relating to this wrong trial where there are not any mistakes conducted by HL. However, HL may restore the amount which Member tried to deposit with the different type of Digital Asset where HL reasonably believes there are no risky elements for the security or where HL reasonably believes it is technically possible and economical to restore. If HL decides to restore, HL will have to guide the restoration to Member in advance and will be able to charge any reasonable commission fee to Member for the restoration.
18.9. Digital Asset being tagged with “Mainnet” is Digital Asset using its own network. Other Digital Asset being tagged with other words (e.g. Gas deposite/withdrawal NEO etc.) is Token.
18.10. When Member wrongly deposits into Contract address, HL cannot only use a personal key but also find out other ways to restore the amount of the deposit. However, it is exceptional that there are any mistakes conducted by HL for the wrong deposit.
19. Commission fee
19.1. When Member uses Service relating to Digital Asset trade, deposit and withdrawal etc. provided by HL, Member pays the commission fee. The user’s guide on HL’s website and mobile phone application indicates the commission fee for Service.
19.2. The commission fee could vary, depending on how difficult the Coin Miner supplies coins to STA Wallet.
20. Restriction of using Service
20.1 HL may restrict using Service if it falls into one or more of the cases below;
20.1.1. when the passwords errors occur continuously.
20.1.2. when HL reasonably suspects there were or will be any risks of the hacking and the fraudulence for Member’s exchange with KRW, including the case which any payments with a bank account were or will be suspended in the compliance with Telecommunications Fraud Damage Refund Act and Telecommunications Financial Fraud Prevention Act.
20.1.3. when it is reasonably suspicious that Member illegally uses some others’ names.
20.1.4. when any national institutions order to restrict Service.
20.1.5. when any investigation institutions ask HL to restrict Service for the purposes of AML (Anti-Money Laundering), preventing financial crimes or financial support of terrorism where it is reasonably suspicious that some trades in Service are related with money laundering, impartial trades, criminal acts etc.
20.1.6. when HL finds Member does not reside in South Korea as a foreigner.
20.1.7. when Member deposit or withdraw KRW with a bank account under other third party’s name.
20.1.8. when Member does not provide the personal information to verify KYC or HL finds some of the personal information Member provided are wrong or Member missed to provide some of the personal information.
20.1.9. when there are any judicial orders or investigation institutions’ orders such as the seizure, the disposition or the preservation of Digital Asset or KRW.
20.1.10. when a STA Wallet account indicates other third-party member’s KRW or Digital Asset because of any technical errors or any Service errors.
20.1.11. when HL reasonably believes it is necessary to prevent the cases where any quasi-cases equivalent with the cases above occur.
20.2. HL may restrict or pend Member’s trades, deposit or withdrawal if HL reasonably believes the case falls into one or more of the cases below;
20.2.1. when Member is under aged 19 or a foreigner who does not reside in South Korea.
20.2.2. when HL reasonably suspects there are any hacking or fraudulent cases relating to Member’s activities to exchange KRW, including a case which any payments with a bank account being held by Member’s name or the name of the limited company of Member are suspended in the compliance with Telecommunications Fraud Damage Refund Act.
20.2.3. when HL reasonably suspects an illegal use of other third parties’ names.
20.2.4. when any national institutions ask HL to restrict Service in the compliance with any related Acts.
20.2.5. when any investigation institutions ask HL to restrict Service for the purposes of AML (Anti-Money Laundering), preventing financial crimes or financial support of terrorism where it is reasonably suspicious that some trades in Service are related with money laundering, impartial trades, criminal acts etc.
20.2.6. when Member deposit or withdraw KRW with a bank account under other third party’s name.
20.2.7. when Member does not provide the personal information to verify KYC or HL finds some of the personal information Member provided are wrong or Member missed to provide some of the personal information.
20.2.8. when Member deposits to trade Digital Asset on behalf of other third parties.
20.2.9. when HL cannot check IP address such as the case that Member uses VPN (Virtual Private Network) to access Service.
20.2.10. when HL reasonably assumes Member’s bank account is related with any criminal cases such as the voice phishing in a condition which Member asks HL to withdraw the Digital Asset deposit within 24 hours after Member deposit the certain amount of Digital Asset.
20.2.11. when there are any judicial orders or investigation institutions’ orders such as the seizure, the disposition or the preservation of Digital Asset or KRW.
20.2.12. when a STA Wallet account indicates other third-party member’s KRW or Digital Asset because of any technical errors or any Service errors.
20.2.13. when HL reasonably believes it is necessary to prevent the cases where any quasi-cases equivalent with the cases above occur.
20.3. HL may control the level of Member’s security where there are any possibilities which Member’s account (the small amount of cash or the unused STA Wallet account for a long period) can be illegally used such as voice phishing or money laundering.
20.4. The conditions and the details of restricting the use of Service comply with HL’s operation policies, the users’ guide (Application) in the extent of the restrictions of using Service, which Clause 20 ascertains.
20.5. HL gives a notice to Member through the ways which Clause 22 ascertains where HL decides to restrict using Service or cancel STA Wallet Service Terms.
20.6. Member can express an objection about HL’s decision to restrict using Service within 7 days after Member receives the notice of the restriction. When HL believes the objection is reasonable, HL immediately removes the restriction.
20.7. HL can ask Member to prove the source of Member’s fund to assess the fairness of restricting the use of Service.
20.8. HL may recollect KRW or Digital Asset from Member
20.9. To protect Member’s asset, the pending orders may be cancelled when using Service was restricted by HL to comply with Clause 20.
20.10. The purpose of Clause 20 is to decide the conditions and the ways which HL can use own rights for the restriction of using Service to provide a safe trading environment.
21. Cancellation of Use Contract
21.1. Member can cancel Use Contract any time by using STA Wallet customer center or the menu of the management of My Information in Service and HL must immediately process in compliance with the related laws.
21.2. HL can limit the time of using Service and ask Member to fix the issues below;
21.2.1. when Member violates Clause 10 of Agreement, or the issue falls into any of the cases under Clause 20.
21.2.2. when Member violates the copyrights, the laws regarding the promotion of information and communication network use and protection of information or any others such as hacking, distributing any malicious programs, and exceeding the right of accessing Service.
21.2.3. when Member intentionally interrupts providing Service.
21.2.4. when HL finds any other reasons to maintain Use Contract.
21.3. Although HL requests Member to fix the issues under Clause 21.2., Member does not take any proper action to fix the issues or continuously takes any violation acts more than twice, HL can cancel Use Contract.
21.4. When Use Contract is cancelled by the violations under Clause 21.2., Member loses all the benefits and HL does not compensate Member for the loss.
21.5. When HL cancels Use Contract on the grounds of Clause 21, HL informs the cancellation in compliance with Clause 22.
21.6. Where Use Contract terminates, HL deletes all the personal information of the Member except the personal information which the Company must continuously keep even after the termination of Use Contract in compliance with Personal Information Protection Act and any other related laws.
21.7. Where the Company terminates Use Contract in compliance with Art21(2), the Company can keep the Member’s personal information during a certain period to proceed the Member’s complaint or any other processing matters etc. After the period expires, the Company deletes the Member’s information including the Member’s transaction records.
22. Giving a notice to Member
22.1. The Company can give a notice to Member through Member’s registered email address where there is no special clause separate from this Agreement, relating to clause 22.
22.2. When the Company posts a notice on the notice board in STA Wallet Service instead of the way clause 22.1 stipulates, the Company maintains the notice on the notice board longer than 7 days.
23. The limited liability
23.1. Where the Company or Member violates any article of this Agreement and the violation causes any damage or loss, the violating party takes full liability for the indemnity of the damage or loss. However, if the violating party can prove there is no intent to violate or mistakes, the violating party is exempt from the liability for the indemnity of the damage or loss.
23.2. Where there is Member’s loss caused by the reasons below, if the Company can prove the Company endeavors to give a proper caution to the Company’s manager to prevent Member’s loss the Company does not take any legal responsibility for the loss.
23.2.1. If the reason is inevitable for the Company and out of the Company’s control such as natural disaster, war or any national emergency etc.,
23.2.2. If the reason is any government’s administrative processing or legal order the Company must comply with,
23.2.3. If the reason is some technical errors of the Company’s Service caused by any telecommunication Service company including key telecommunications Service providers in compliance with Telecommunications Business Act,
23.2.4. If the reason is some technical errors of the Company’s Service caused by any technical errors of some outsourcing companies or Member,
23.2.5. If the reason is any technical temporary errors or faultiness of the Company’s servers caused by a flood of transaction orders or increasing the number of login trials,
23.2.6. If the reason is some technical errors or faultiness of each Digital Asset’s network (e.g. Bitcoin network), transaction system or deposit and withdrawal system in the Company’s Service,
23.2.7. If the reason is the Company’s decision which stops providing Service with one of the reasons which clause18.5 stipulates and the Company notifies the truth with the reason in the way which clause 22 stipulates for Member,
23.3. The proper caution which clause 23.2 includes the details below;
23.3.1. appointing and managing a chief of information protection
23.3.2. educating the information protection
23.3.3. any protection plan for the data processing room which any electronic device saving any important information for Member’s Digital Asset transactions or other telecommunication and security device are installed, any facilities in the building which the data processing room is located, the information protection system (any device or computer programs which protect any information from any act of disclosing, fabricating, damaging the information or any interference for the Company’s Service) and the information processing system(hardware, software or any other device for the information technology, including Digital Asset transactions.
23.3.4. any management plan for the encryption key (private key)
23.3.5. any strategy to cope with any security accidents
23.3.6. the regular check for the strategy and the plan which clauses 23.3.3 and 23.3.5 stipulate etc.
23.3.7. The articles which Digital Asset businesspersons must comply with of any other laws relating to information protection.
24. The payment
24.1. The prices of using the Company’s contents follow any websites in the Company’s Service indicate. When the payment occurs in overseas, the prices could be varied by the exchange rates or the commission fees.
24.2. When Member makes any payment, Member must follow any payment company’s policy or OMB’s policy.
24.3. The proposed payment ceiling could be varied by OMB, any payment company’s policy or government’s policy etc.
25. Withdrawing subscription
25.1. Chargeable Contents have two different types; Chargeable Contents which the purchase can be withdrew and others which the purchase cannot be withdrawn. The purchase can be withdrawn within 7 days since Member purchases. If the period which Member can withdraw the purchase expires or Chargeable Contents Member can withdraw the purchase are in the extent which any related laws relating to consumers’ protection stipulate to restrict withdrawing subscription, withdrawing subscription will be restricted. The Company informs this restriction or provides free contents.
25.2. The Company can restrict withdrawing subscription for Chargeable Contents even after 7 days since Member purchases where there are any reasons such as decreasing the value of Chargeable Contents etc.
25.3. Any contents which Member obtains from other third party like a present or the Company gives Member for free (including free contents and charged contents) and Member did not purchase are excluded from the restriction of withdrawing subscription.
26. The effect of withdrawing subscription
Where Member asks the Company to cancel subscription, the Company gives the refund for the price of Chargeable Contents within 3 working days (when it is necessary to check the payment, the refund is complete within 3 working days from the date checking the payment) for Chargeable Contents, which Member can withdraw the purchase only and clauses 24.1 and 24.2 do not include. If the Company delays the refund, the period of the delay will be multiplied by the interest rate which Consumer Protection Law construes. The total amount is paid by the Company.
27. The refund for the wrong payment
27.1. When Member makes a wrong payment, the Company gives a refund for the wrong payment. Basically, when Member makes a wrong payment, Member must ask OMB to refund. However, if it is possible to support the refund in OMB’s system or policy, the Company will be able to ask OMB to proceed the refund procedure on behalf of Member.
27.2. When the Company refunds, the refund method must be the same as the way Member used for the wrong payment. However, if impossible, the Company can refund in a different way.
27.3. If the wrong payment is Member’s fault, Member will have to pay the commission fee for the refund.
27.4. Any fees (data telecommunication fee or calling fee etc.) for downloading any applications or using network Service are not refundable.
28. The refund for Chargeable Contents
28.1. Member can get the refund for Chargeable Contents if one of the cases below is applicable;
28.1.1. Although Member bought Chargeable Contents, Member cannot find any part of the Company’s Service, which Member can use Chargeable Contents and it is entirely the Company’s fault.
28.1.2. When the Company separately decides the refund from other cases for consumer protection.
28.2. When Member want to get the refund, Member must follow the refund application procedure the Company sets. The Company assess whether the refund application is reasonable.
28.3. Where the Company decides to refund, the Company calculates the refundable balance for Chargeable Contents and deducts 10% of the commission fee from the refundable balance. The Company refunds the remainder. If Member fails to use Service because of the Company’s fault, which clause 28.1.1 stipulates, the Company does not deduct 10% of the commission fee.
28.4. Any contents which Member obtains from other third party like a present or the Company gives Member for free (including free contents and charged contents) and Member did not purchase are not refundable.
29. Legal compliance law and Jurisdiction
Any legal disputes between the Company and Member comply with South Korea laws.
The Company and Member negotiate to decide the competent court for the legal disputes. If they fail to decide, the competent court will be decided in a way South Korea civil litigation law stipulates.
