Article 1 (Purpose)
The purpose of this terms and conditions agreement lies in outlining the rights, obligations, and responsibilities of the Company and the users when using Internet-related services (Hereinafter referred to as the “Service” or “Moaform”) provided by Moaform (www.moaform.com) operated by Qoom Networks Inc. (Hereinafter referred to as the “Company”).
Article 2 (Definition)
- “Moaform” refers to a virtual business site configured by the Company to provide services and to make transactions for users through information communication devices such as computers and furthermore refers to business operator providing the Service.
- “User” refers to members and non-members who receive the service provided by Moaform according to this terms and conditions agreement by accessing Moaform.
- “Member” refers to entities who have registered as members on Moaform that are able to use the Service provided by Moaform continuously.
- “Non-member” refers to entities who use the Service provided by Moaform without registering as members.
Article 3 (Clarification, Description, and Amendment of Agreement, Etc.)
- The Company may amend this terms and conditions agreement within the scope that does not violate relevant laws such as 「Act on the Consumer Protection in Electronic Commerce」, 「Act on the Regulation of Terms and Conditions」, 「Framework Act on Electronic Documents and Transactions」, 「Electronic Financial Transactions Act」, 「Digital Signature Act」, 「Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.」, 「Act on Door to Door Sales, Etc.」, and 「Framework Act on Consumers」.
- Any matters not designated within this terms and conditions agreement and interpretations of this terms and conditions agreement shall adhere to Act on the Consumer protection in Electronic Commerce, Act on the Regulation of Terms and Conditions, and Consumer Protection Guidelines for Electronic Transactions, Etc. designated by the Fair-Trade Commission as well as other relevant laws or customs.
Article 4 (Provision and Change of Service)
- The Company shall execute the following tasks.
- Provision of information regarding service and conclusion of purchase agreement
- Provision of service for concluded purchase agreement
- Other tasks designated by the Company
- The Company may change the contents of service provided by agreement concluded in the future due to service being out of stock or change to technical specifications.
- The Company shall notify the user through the address given for notification immediately should the contents of the Service to be provided according to the agreement with the user is changed due to change in technical specifications and such.
- The Company shall compensate for damages inflicted upon the user due to previous clause. However, such is not the case when the Company proves that it was unintentional or not at fault.
Article 5 (Stoppage of Service)
- The Company may temporarily stop providing the Service due to maintenance/inspection, replacement, malfunction, or interruption in communication of information communication devices such as computers.
- The Company shall compensate through the method of extending the period of equivalent service in use for any damage inflicted upon paying users due to temporary stoppage in service as outlined in Clause 1. However, such is not the case when the Company proves that it was unintentional or not at fault.
- Moaform shall notify the user through method designated in Article 8 when the Service is no longer provided due to conversion of business area, forfeiture of business, or merger between companies and compensate the consumer according to terms suggested by the Company initially. However, the Company shall pay cash or equivalent valuables circulated through the Service such as mileage or reserves if the Company has not notified compensation standards and such.
Article 6 (Membership)
- The user is regarded to be applying for membership by agreeing to this terms and conditions agreement by filling in member information according to the form designated by the Company.
- The Company shall register users requesting for membership through the method outlined in Clause 1 unless the user is applicable to one of the following.
- When the applicant has lost member status due to Article 7 Clause 3 on this terms and conditions agreement
However, exceptions are made for applicants who have received approval for re-joining as a member if 3 years has passed since the applicant has lost membership status due to Article 7 Clause 3.
- When there is false information, missing field, or wrong information in registration details
- When it is determined that the registration as a member would cause significant interruption in the Service
- The membership agreement is established at the point in time when the Company’s approval is delivered to the member.
- The member must notify the Company of the changes within a certain period of time through methods such as revision of member information and such should there be any changes to information used at the time of member registration.
Article 7 (Membership Withdrawal, Loss of Qualification, Etc.)
- The Company shall provide membership withdrawal function within the Service for members to withdraw their membership at any time.
- The Company may restrict and suspend the member status of a member under one of the following circumstances.
- When a member registers false information at the time of requesting for membership
- When a member does not pay liabilities owed related to purchases made through the Service and other uses of Service by due date
- When a member disrupts the usage of service for other people or disturbs the order within electronic commerce by theft and use of member information, etc.
- When a member commits an act prohibited by law or this terms and conditions agreement or an act violating good public order and customs through the Service
- When a member has no record of creating a survey after joining, record of access within the past year, and when the email address entered on member application has not be authenticated
- The Company may suspend the member status ․should the member repeats the same action more than twice or if such grounds are not corrected within 30 days after restricting/suspending member status.
- The Company shall expunge the member registration upon taking away member status. In such scenario, the Company shall notify the member and grant an opportunity for the member to explain within a period of 30 days minimum prior to erasing member registration.
Article 8 (Notification for Members)
- When the Company is notifying the member, the Company may notify the member with the email address provided by the member when joining Moaform.
- The Company may post a notice for unspecific number of members on the notice board of the Service instead of individual notice. However, individual notices shall be made for critical matter relevant to transactions with a member.
Article 9 (Consent to Provision of Personal Information and Purchase Request, Etc.)
- Service user may request for purchase on the Service or through a similar method and the Company must provide details of purchase to be understood easily by the user when it comes to requesting for purchases.
- Search and selection of service
- Entering information such as user name, address, phone number, email address (Or mobile number), etc.
- Confirmation of purchase request on the Service or consent to confirmation by Moaform
- Selection of payment method
Article 10 (Establishment of Agreement)
- The Company may refuse the following purchase request as outlined in Article 9 if one of the following conditions shall apply. However, the Company shall announce the details that the contract could be nullified by the minor or the minor’s legal guardian should the Company enter into a contract with a minor without consent from the legal guardian.
- In the case where there is false information, missing field, or wrong information in registration details
- In the case where a minor purchases services prohibited by the Juvenile Protection Act
- When it is determined that other purchase request approvals would cause significant interruption in the Service
- The Company shall notify the user for confirmation of receipt when the user makes a purchase request and it shall consider than the contract has been established at the point when the receipt confirmation notice has been delivered to the user.
Article 11 (Payment Method)
Payment method for services purchased can be one of the following methods listed below.
- Phone banking, Internet banking, mail banking, and other various account transfers
- Prepaid card, debit card, credit card and other types of card transactions
- Online deposit without bankbook
- Payment through electronic currency
- Payment made upon collection
- Payment by point given by Moaform such as mileage
- Payment by gift certificate in contract with Moaform or acknowledged by Moaform
- Payment through other electronic payment methods
Article 12 (Provision of Service)
- The Company shall take necessary measures to provide service immediately when the user makes subscription unless there are separate agreements regarding period of supplying for goods and such with the user. The Company shall take appropriate measures to confirm service provision procedure and progress.
- The Company shall outline method of service provision, period and such for service purchased by the user. The Company is liable for damage compensation for the user if the company violates the period of service provision. However, such is not the case ․when the Company proves that it was unintentional or not at fault.
- Some paid services of the Company are paid for automatically repetitively and regularly. The Company must notify the user of such service purchase that is repetitively and regularly made. The user should be able to terminate the repetitive and regular automatic payment after purchase easily at any time (Applies from the next cycle after termination) and the Company must notify the user of the termination method.
Article 13 (Withdrawal of Subscription and Refund)
The Company shall provide a service where the user can use the paid service free of charge for a certain period but the Company shall only give refund for payment of services that have already been made or due to withdrawal of subscription after purchase of paid service under the following circumstances.
- When the user is upgrading to a higher level of service, the Company shall give refund in the form of giving a discount in the upgrade payment for remaining period of current service in use.
- When the Company can no longer provide the service purchased by the user due to service stoppage and such, the Company shall notify the user immediately of the reasons without delay and refund the payment received or take measures necessary for refund or by providing a different service equivalent to the stopped service with consent from the user.
- If a critical issue arises in the service purchased by the user at the Company’s fault and the service cannot be used normally for a certain period of time, the Company shall compensate the user by extending the period of service by equivalent period of service issue.
- The Company may forcefully withdraw subscription if the user does not complete the payment for the purchase.
- The Company shall adhere to the regulations of the 「Act on the Consumer Protection in Electronic Commerce」 for cases designated otherwise regarding withdrawal of subscription.
- The user may withdraw subscription within 3 days from the date service was provided or within 7 days from when such fact became known should the content of service is different from the indication and advertisement details or fulfilled differently from details of the agreement.
- When a user unregisters while using paid service, all member information as well as survey information are deleted as the user is notified of using paid service currently and that none of the data can be recovered and no refund will be given.
Article 14 (Agreement and Terms and Conditions of Use for Individual Service)
Article 15 (Protection of Personal Information)
- The Company only collects the minimum personal information necessary to provide services when collecting personal information of users.
- The Company does not collect information necessary to execute purchase agreement in advance when user joins membership. However, such is not applicable when collecting certain personal information at minimum level in order to confirm identity prior to purchase agreement in order to fulfill obligations outlined in relevant laws.
- The Company shall notify the user of the purpose when collecting and using personal information of the user and receive consent.
- The Company cannot use the collected personal information for any other purpose that the purpose notified to the user and the Company shall notify the user should a new purpose arises or when it provides the information to a third party for service usage and provision to receive consent. However, exceptions are made for cases designated otherwise in relevant laws.
- The Company must outline or notify the user of terms outlined by Article 22 Clause 2 of the「Act on Promotion of Information and Communications Network Utilization and Information Protection」 consisting of identity of manger in charge of personal information management (Affiliation, name, contact), purpose of collection and use for information, and matters relevant to providing information to a third party (Provided party, purpose of provision, details of provided information) when it needs consent from the user due to Clause 2 and 3 and the user can withdraw this consent any time.
- The user may request access and correction of error for his or her personal information in possession of the Company at any time and the Company is obligated to take necessary measures without delay. The Company shall not use the personal information until this error is corrected should the user requests for correction of error.
- The Company must restrict the number of people handling personal information of users to the minimum for protection of personal information and is liable for all damages inflicted upon the user due to loss, theft, leak, provision to a third party without consent, forgery, and such of personal information of user including credit card and bank account information.
- The Company and third parties provided the personal information must discard the personal information provided upon achieving purpose of collection or provision without delay.
- The Company shall specifically outline service limitations should the user does not give consent to collection, usage, and provision of personal information and does not restrict or refuse providing service such as membership sign up and such due to user not giving consent to collection, usage, and provision of personal information which are not items required to collect.
- The Company can promote the member as a Moaform user publicly if the member has already publicly used Moaform to conduct or have conducted a survey.
Article 16 (Obligations of the Company)
- The Company shall not commit acts violating good public order and customs or acts prohibited by the laws or this terms and conditions agreement and make best effort to provide goods and services in a consistent and stable manner.
- The Company must be equipped with a security system to protect the personal information (Includes credit information) of user for users to use its Internet service safely.
- The Company is liable for compensation of the user should it commit act of advertisement or labeling of the service that violates Article 3 of the「Act on Fair Labeling and Advertising」․
- The Company does not send advertisement emails for profit that the user does not desire.
Article 17 (Obligations for Member ID and Password)
- Responsibility of management of ID and password aside from the Company’s security system error lies with the member.
- The member cannot let a third party use his or her ID and password. Only 1 user may use a set of ID and password.
- The member shall notify the Company immediately if his or her ID and password have been stolen or if he or she recognizes that a third party is using his or her account and follow the instructions given by the Company if such instructions are given.
Article 18 (Obligations of User)
Users cannot perform the following actions.
- Registration of false information upon request or when making changes
- Fraudulent use of other person’s information
- Change of information posted on service
- Transmission or posting of information not designated by the Company (Computer program, etc.)
- Violation of intellectual property rights such as that of the Company, services, and other third party copyrights, etc.
- Act of defamation or interference of work against the Company, services, other third parties, etc.
- Act of disclosing or producing and posting materials such as pornography, violent message, and other videos, recordings, data disrupting public order and customs
- Act of renting or reselling services without written consent from the Company
Article 19 (Return of Copyright and Restriction of Use)
- Copyrights and other intellectual property rights for work created by the Company belong to the Company.
- User cannot utilize the information with intellectual property rights belonging to the Company among the information he/she obtains through the use of service or duplicate, transmit, publish, distribute, broadcast, use for profit, or let a third party use such information without permission from the Company in advance.
- Copyrights for the survey and response data for the survey created by the user belongs to the user.
- The Company must notify the user when using the copyrights reserved by the user according to the agreement.
- The Company may utilize information without personal identification of users for statistical purposes.
Article 20 (Settlement of Dispute)
- The Company prioritizes processing the complaints and opinions submitted by the user. However, the Company will notify the reason and schedule for processing to the user should immediate processing is difficult.
- The Fair Trade Commission or dispute arbitration institution at the request of mayor or provincial governor may be involved in request for damage relief by the user regarding electronic commerce dispute between the Company and the user.
Article 21 (Jurisdiction and Governing Law)
- All lawsuits regarding disputes between the Company and user shall be based on the address of the user at the time of filing and the jurisdiction shall be set to district court with jurisdiction over the residence of user should there be no address. However, the address of the user at the time of filing or