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.
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.