Thank you for using the services provided by Colley (the “Service”). This Terms and Conditions describes the relationship between Colley Co., Ltd. (the “Company”) who provides the Service and Colley Service members (“Member”) or non-members and contains useful information that can help users use the Service.
This Terms and Conditions is also intended to define the rights, obligations and responsibilities of the Shop (as defined below) and its users in relation to the services provided by the Company's ColleyShop (the “Shop”).
To sign up as a Member of the Service or to use the Service and shop as a non-member, you must confirm and agree to this Terms and Conditions and related policies, so please take time to read it carefully.
The terms used in this Terms and Conditions are defined as follows. Interpretations of the terms not defined in this Terms and Conditions shall be in accordance with the relevant laws and regulations and service specific guidance. Any matters that are not prescribed by the relevant laws and regulations and service specific guidance shall be in accordance with the standard commercial practice.
“Company”: Colley Co., Ltd.
“Customer”: A person who intends to enter into a service agreement with the Company to use the Service and a person who uses the Service without an account as a non-member.
“Member”: A person who has the Company’s account, after having agreed to this Terms and Conditions and entered into a service agreement with the Company.
“User”: A term referring to both Customer and Member.
“Terms and Conditions”: Contents of a contract prepared in advance by a party to enter into a contract with multiple counterparties, regardless of its name, form, or scope, pursuant to Article 2 of the Act on the Regulation of Terms and Conditions.
The Company shall, for easier recognition by Users, display the contents of this Terms and Conditions, trade name, representative, address, phone number, email address, business registration number, online marketing business number and Chief Privacy Officer on the initial service page of the Service. Details of this Terms and Conditions may be provided in the form of a link to a separate page.
This Terms and Conditions shall take effect when the Company, for easier recognition by Users, post the contents of this Terms and Conditions on the Service or notify the Members in other ways.
The Company may modify this Terms and Conditions provided that the modification does not violate any relevant laws such as Act on the Consumer Protection in Electronic Commerce, etc., Electronic Financial Transactions Act, Digital Signature Act, Act on the Promotion of Information and Communications Network Utilization and Information Protection, Act on Door-to-Door Sales, etc., and Framework Act on Consumers, etc.
The User shall be deemed to have consented to the modification if the User does not explicitly refuse to accept the modification within the effective date of such modification stated in the announcement or notification made by the Company and if the announcement or notification states that any failure to refuse the modification within the time period shall be construed as User’s agreement to such modification.
Agreeing to this Terms and Conditions shall mean to agree to regularly visit the website and mobile application of the Company to confirm modification to the Terms and Conditions. The Company shall not be responsible for any damages that may arise to Users in connection with their failure to understand information regarding the modified Terms and Conditions.
Should any modification be made to this Terms and Conditions, the Company shall announce the effective date and the reasons of such modification for 7 days prior to the effective date on the initial page of the Shop. However, if the changes are disadvantageous to the Users, the announcement shall be made for at least 30 days prior to the effective date. In such a case, the Company shall display the contents of the modification in a clear manner to facilitate Users’ understanding of the modification.
In the event the Company amends this Terms and Conditions, such amendment shall only apply to agreements that are executed after the effective date thereof, and the current version of this Terms and Conditions shall apply to agreements that are executed prior to such amendment. However, if User who has already executed an agreement prior to amendment desires to switch to the amended Terms and Conditions, he/she may do so after obtaining consent from the Company by notifying such intent within the notice period.
The Company collects User feedback on amendments to this Terms and Conditions from the date of posting the amendments until the effective date of such amendments. If User’s feedback is not received by the Company within such period, the User shall be deemed to have consented to using the Service with the amended Terms and Conditions. If User does not consent to the modified Terms and Conditions, the Service subject to the modified Terms and Conditions is no longer available to such User.
Any information not specified and interpreted in this Terms and Conditions shall be in accordance with the e-commerce Transaction Guidelines and Related Consumer Protection Acts provided by the Fair Trade Commission and other applicable Consumer Protection Laws and Regulation of Terms and Conditions Act or standard commercial practice.
User can use the Service by downloading the Service from smartphone application stores, etc.
The Company provides the following services.
In the event of a sell-out of the goods, services or changes in technical specifications, etc., the Company may change the details of the goods and services to be provided by the contract to be concluded in the future. In such cases, the Company shall immediately post the details of such change and the date of provision on the same place where the details of the existing goods or services are posted.
If the Company changes any service contents that is to be provided under the contract with the User due to certain causes, including absence of stock of the goods or services, etc. or change in technical specifications, the Company shall immediately give notice of such cause to the User at a reachable address.
In the case of the previous clause, the Company shall compensate the User for any damage caused by such case. However, the Company shall not be liable for such damages if the Company proves absence of intention or negligence.
For better Service, the Company may provide an updated version of the software required for the Service. Updates to the software include the addition of important features or the removal of unnecessary features.
For better Service, the Company may display various information on the Service, including notices, administrative messages, and other advertisements related to the use of the Service, or send them directly to the User’s e-mail account.
It should be noted that if Users do not use Wi-Fi wireless internet in the process of using the Service, but are connected to the wireless internet of the mobile carrier they have subscribed to, a separate data communication fee may be charged to the user. Data communication fees incurred during the Service use process must be paid by the User to the mobile carrier at the expense and responsibility of the User. For detailed information on data communication charges, contact the mobile carrier to which you have subscribed.
Colley Account (“Account”) is a login account which is required for you to be able to use the Services. You may create your own Account once you agree to the Terms and Conditions, register information required to create an Account, and obtain an approval from the Company after its verification of information you have provided.
If a case falls under any of the following, the Company may refuse to create a User’s Account:
Where it is found that the User has created an Account in breach of the above conditions, the Company may impose proper restrictions by immediately suspending the use of, or deleting the User’s Account.
If a case falls under any of the following, the Company may withhold the creation of a User’s Account:
Account shall be used only by its holder, and any access by other person must be banned. The Member shall manage his/her password in person to allow no one to appropriate his/her Account. In case of the foregoing appropriation, please report it to the Company via the customer center.
The Members can view and modify their information in the page of Account settings in the Services. However, you may not be able to change some information that are required to provide and manage the Service. If you wish to update any information you entered at the time of sign-up, you can modify it in person or contact us via email or customer service. The Company takes no responsibility for any loss attributable to your negligence in timely notifying the Company of the changes.
Users who wish to make a purchase on the Shop may submit a request in the following or similar method. The Company is obliged to disclose the following information to Users in a manner that is easy to understand.
In case it is necessary for the Company to provide purchaser’s personal information to a third party; 1) person who receives personal information, 2) purpose of personal information used by the recipient of personal information, 3) the items of the personal information provided, 4) the period of personal information retention and use of the person who receives personal information must be informed and agreed to by the buyer (the same is true if the consented items are changed).
In case the Company entrusts a third party with the personal information of the purchaser, the Company shall inform and obtain consent from the buyer of 1) a person entrusted with the handling of personal information, 2) the details of the work entrusted with handling personal information (the same is true if the consented items are changed). However, if it is necessary for the implementation of the contract for the provision of Services and is related to the convenience of buyers, it is not necessary to go through the notification process and consent process by notifying through the personal information handling policy as prescribed in Act on Promotion of Information and Communication Network Utilization and Information Protection, etc.
The contract shall be binding once the notification of approval reaches the User.
The notification of approval must include the confirmation and sales availability of the relevant purchase request, as well as information on modifications and cancellations to purchase request.
Users can make payments for goods or services purchased from the Company using the payment methods indicated in the following clauses. The Company may not, for any reason, charge additional fees in regards to a User’s payment method.
The User is responsible for the payment of the purchase price and the information entered by the User, and the Company may cancel the order if the payment is not made within a reasonable period of time after the subscription of the goods or services.
The company may verify if the User has a legitimate authority to use the payment method, and if necessary, the Company can request the suspension of the transaction process and submission of proof of authority.
The Company is obliged to provide a notification of confirmation in the event of a purchase request made by a User.
Upon receiving notification, the User may immediately request to modify or cancel the purchase request in case of change of mind. For requests made before shipment, the Company is obliged to promptly process such requests without delay. In the event that payment has already been made, the terms regarding cancellation of purchase of this Terms and Conditions shall take precedence.
Unless specific terms are stipulated regarding the provision period of goods, etc., the Company shall take appropriate measures such as customized production, packaging, etc., to ship the User’s item within 7 days of contract establishment. However, if the payment has already been made in full or in part, the Company shall take appropriate measures within 3 business days of payment. In such case, the Company is obliged to take measures to provide the User with information on provision procedures and progress.
The Company shall disclose the shipping method for delivery of Goods purchased by Users, shipping cost responsibilities per method, and shipping time per method, etc. for purchases made by the User. In the event that the Company exceeds the agreed shipping time, the Company is held liable for damages incurred from the delay. However, the Company is not held liable in the event that the Company provides evidence of no intention or negligence.
In the event that the Company is not able to provide goods, etc. purchased by the User due to reasons such as insufficient stock, the Company shall promptly inform the User and issue a refund or take appropriate measures for refund within 3 business days of payment.
A User who has established a purchase contract for goods, etc. with the Company may request to cancel the order within 7 days of the effective date of contract (if the goods, etc. are provided later than the effective date, the date of delivery or the date of the start of delivery is taken into account). However, if the terms for cancellation are stated differently in the Act on the Consumer Protection in Electronic Commerce, etc., the relevant regulations are to be followed.
The User may not request a return or exchange for items that fall under any of the following clauses.
In the event that the Company has not clearly notified the restrictions to cancellation or taken appropriate measures such as providing product of usage, restrictions do not take effect.
In the event that the received goods etc., differ from what is indicated or advertised, or the purchase contract is not executed accordingly, the User may cancel the order within 3 months of delivery and within 30 days of discovery or potential discovery date.
For returned goods, the Company is obliged to take appropriate measures in issuing a refund within 3 business days of return receipt. In the event that the refund is delayed, the Company is obliged to pay a delay interest rate in accordance to Article 21 (2) of the Enforcement Decree of the Act on the Consumer Protection in Electronic Commerce.
Regarding refunds, in the event that the User has made payment with credit card or electronic currency, etc., the Company shall promptly contact the processor of the relevant payment method to request the suspension or cancellation of billing.
For cancelled orders, the User is responsible for fees incurred for returning an item. The Company shall not claim damages or penalty charges for cancellation of order. However, in the event that the received goods etc., differ from what is indicated or advertised, or the purchase contract is not executed accordingly, the Company is responsible for all return costs.
In the event that the User has paid shipping fees at the time of initial delivery, the Company shall clearly indicate who is responsible for the costs in case of cancellation.
In the event that a User violates the provisions of this Terms and Conditions and causes damage to the Company, the User in violation of this Terms and Conditions shall compensate the Company for all damages.
If the Company receives a claim for damages or lawsuits from a third party other than Users due to the User’s illegal activities or violations of the Terms and Conditions of the Service, the User shall indemnify the Company at his or her responsibility and expenses, and if the Company is not indemnified, the User shall compensate the Company for all damages.
The Company shall not be liable for any damages arising from the Services provided free of charge.
The Company shall be exempted from any liability for any interruptions in the Service due to a natural disaster or force majeure.
The Company shall not be liable for any interruption or disruption of Service due to reasons attributable to the User.
The Company is exempted from liability in case of damage caused by the mobile communication service provider stopping or not providing the network service normally.
The Company is not responsible for the User’s failure to obtain the expected profits by using the Service, and the Company is exempted from liability for damages caused by using the Service.
The Company has no obligation to intervene in disputes that arise between Users or between Users and third parties through the use of the Service, and is not liable for damages thereof.
The Company is not responsible for the reliability and accuracy of information, data, and facts posted or transmitted by Users within the Service.
The Company has no obligation to intervene in disputes that arise between Users or between Users and third parties through the use of the Service, and is not liable for any damages thereof.
The Company is not responsible for any problems caused by the User’s device environment or problems caused by the network environment for which the Company is not attributable.
The Company shall not be liable for any other personal damages incurred while accessing or using the Service by the User.
In addition, the Company shall not be liable for any indirect, special, consequential and punitive damages to the extent permitted by law.
Disputes arising between the Company and Users in connection with the use of the Company's Services shall be resolved amicably by agreement between the parties.
Users shall raise or resolve issues related to copyright infringement, defamation, or personal information and service use through the customer center operated by the Company.
Any lawsuit between the Company and the User shall be governed by the laws of the Republic of Korea.
The lawsuit for any dispute arising between the Company and User shall be filed with the competent court under the Civil Procedure Act.
The User may not access the Service by obstructing the provision of the Service in a wrongful way or by using a method other than the method provided by the Company. It is also prohibited to collect, use, or provide other Users’ information without permission, use Services for commercial purposes, commit copyright infringement, or send or post obscene information or false information about the Company or third parties. Copying, modifying, distributing, selling, transferring, lending, collateralizing, letting others to use the Service, or attempting to reverse engineer or extract source code of the Service or software of the Service without the consent of the Company are prohibited.
If a User fails to comply with the relevant laws and regulations, Terms and Conditions or policies, the Company may investigate the User's violation, delete or temporarily delete the User’s post, or suspend the User’s use of the Service temporarily or continuously. In addition, if the User has no records of logging in or accessing the Service for a period prescribed by relevant laws and regulations, the Company may destroy or separately store the User’s information by valid means, such as sending an e-mail or in-app message to the email address registered in the service. If necessary information required for the use of Service is no longer available due to the circumstances described in the foregoing sentence, the contract for the Services may be terminated.
For more information on the use of Services, such as inactive account policies, please refer to the service operation policy.
Where the postings are in breach of the Act on the Promotion of Information and Communications Network Utilization and Information Protection, etc. (the “Act on Information and Communications Network”), the Copyright Act, and any other relevant laws and/or regulations, the legitimate holder of right may request suspension and deletion of such postings, etc., and the Company shall take necessary actions in accordance with applicable laws. Even without any request from the legitimate holder of right, the Company may take any tentative measures against such posting pursuant to applicable laws if there exists anything that may be deemed to constitute infringement of a third party’s rights, and/or in breach of the Company’s policies and governing laws and/or regulations. Detailed processes related to the above shall follow the procedures specified by the Company under ‘Report Rights Infringement’ to the extent set forth by the Act on Information and Communications Network and the Copyright Act.
When collecting the personal information of Users, the Company collects minimum personal information within the scope necessary for providing services.
The company does not collect information necessary for the implementation of the purchase contract in advance when a member signs up. However, this is not the case when identification is required before the purchase contract in order to fulfill the obligations under the relevant laws and regulations, and the minimum specific personal information is collected.
When collecting and using the User’s personal information, the Company notifies the User of the purpose and obtains consent.
The Company shall not use the collected personal information for any purpose other than the purpose. If a new purpose occurs or is provided to a third party, the purpose shall be notified to the User and consent shall be obtained. However, exceptions shall be made when there are other provisions in the relevant statutes.
The personal information provided shall not be given to a third party without the consent of the User, except for the following cases.
The Company is not responsible for Member information disclosed due to reasons attributable to the Member.
In the event that the Company is required to obtain consent from Users pursuant to this Terms and Conditions, the Company shall provide or notify the User in advance the information specified in Article 22 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, including the identity of the person in charge of personal information protection (relevant department, name and telephone number, other contact), the purpose of collecting and using the information, and the information provided to third parties (the recipient, the purpose and the content of the information to be provided).
Users can request access to their personal information and correct errors at any time, and the Company shall be obligated to take necessary measures without delay. If a User requests correction of an error, the Company will not use the User’s personal information until the error is corrected.
In order to protect personal information, the Company shall limit the number of persons who handle personal information to a minimum and shall be responsible for all damages caused by loss, theft, leakage, provision of personal information to third parties without consent, modification, etc.
If the Company or a third party who has received personal information from the Company achieves the purpose of collecting or receiving personal information, the relevant personal information shall be destroyed without delay.
The Company shall not have the agreement form regarding the collection, use, disclosure of personal information set to be filled out in advance. The Company must specify services that will be restricted if User does not agree to the collection, use, disclosure of personal information, and the Company shall not limit services or refuse to accept membership applications on the basis of User’s refusal to agree to collecting, using, disclosing of personal information that do not include the collection of compulsory information.
Please refer to the personal information processing policy for other efforts or details that the Company makes to safely process Users’ personal information. However, the Company's personal information handling policy does not apply to linked sites other than the Company's official site.
The Company respects the intellectual property rights of Users. Users can post photos, writings, information, etc. on the Service, and in principle, intellectual property rights for these contents are held by Isers.
If a User posts content to the Service, such content may be exposed to the Service and the User grants a worldwide license to allow the Company to use, store, duplicate, modify, publicly transmit, display, distribute, etc. to the extent necessary. In this case, the Company complies with the copyright law, and Users can take measures such as deletion or non-disclosure of content at any time through the customer center or the management function provided in the Service. Once again, the rights you grant to the Company and its partners under this license will be used within the scope of operating, improving, promoting, and developing new services.
Some Services may provide a way to access or delete User-supplied content. If you need more information about the Company’s use of content, please refer to the ‘Personal Information Processing Policy’.
Users must retain the rights necessary to license the Company for the content provided to the Company. Users are not allowed to post obscene, violent, or other content that violates public morals and laws and regulations.
If the company determines that User’s content violates laws and Service policies, it may delete it or refuse to publish it. However, the Company is not obligated to review all the contents. If someone violated the rights of a User, the User can get help with the request to stop posting through the customer center.
Even if Users use the Service, the Users do not have any rights to other Users’ content. In order for Users to use other Users’ content, they must obtain permission from the content owner separately.
The content posted by Users on the Service may violate other people’s intellectual property rights. In this case, the Company may immediately take measures such as deletion or non-disclosure of content upon recognition.
The Company shall not be liable for any damage incurred by others caused by act of Users infringing intellectual property rights.
The Company exerts every effort in providing the Service 24/7/365.
However, the Service may be suspended for regular or temporary inspections for maintenance, or other significant reasons. In this case, Company will notify such suspension in advance on the Service screen.
If the Service is interrupted for unforeseen reasons, the Company will notify Users as soon as the Company understands the situation.
The company shall be liable for damages suffered by Users or third parties due to temporary suspension of Services due to maintenance inspection, replacement and failure or loss of communication of communication facilities. However, the Company shall not be liable for such damages if the Company proves absence of intention or negligence.
The Members can apply for the termination of the Service agreement at any time in use of the menu provided in the Services. The Company will take actions accordingly in a swift manner as prescribed under the relevant laws and regulations.
Upon termination of the Service agreement, any information associated with the Account shall be deleted, except as otherwise prescribed in applicable laws and privacy policy. However, if a Member’s post is posted by a third party as a scrap or other sharing function, or a Member adds a comment to a third party post, it will remain in the Service within the scope necessary for other Users’ normal use of the Service.
The Company provides the Service with a reasonable level of care so that Users can use the Service freely.
With regard to the Service, the Company does not warrant or guarantee any specific matters that are not prescribed in this Terms and Conditions within the scope permitted under the relevant laws and regulations. For example, the Company does not make any assurances or guarantees about the content, specific functions of the Service, or the availability of the Service, but only provides the Service ‘as is’.
The Company values exchanging opinions with its Members. Members can express their opinions at any time through the customer center. The Company informs Members of various news by e-mailing them to their registered e-mail addresses, messages in the app and posting notifications, etc., and notifications to the entire Members become effective by posting on the notice for more than 7 days.
This Terms and Conditions applies to the relationship between the Company and its Members and no third-party beneficiary rights are created by it.
Even if a Member fails to comply with this Terms and Conditions and the Company does not take any immediate action, the Company does not waive any of its rights. In case any provision in this Terms and Conditions shall be unenforceable, the remaining provisions shall not in any way be affected.
This Terms and Conditions and the Services shall be governed, construed and performed by the laws of the Republic of Korea.