Terms of Use

Article 1 (Purpose)

These Terms of Use set forth the rights, obligations, and responsibilities of the Company and users in connection with the use of internet-related services provided by Moaform (www.moaform.com, hereinafter the “Service” or “Moaform”) operated by Qoom Networks Inc. (hereinafter the “Company”).

Article 2 (Definitions)

“Moaform” means a virtual place of business established by the Company to provide the Service and enable transactions through information and communications facilities such as computers, and also refers to the business operator providing the Service.
“User” means a member or non-member who accesses Moaform and uses the Service provided by Moaform in accordance with these Terms.
“Member” means a person who has registered as a member of Moaform and may continuously use the Service provided by Moaform.
“Non-member” means a person who uses the Service provided by Moaform without registering as a member.

Article 3 (Posting, Explanation, and Amendment of the Terms)

The Company posts these Terms, together with its trade name, the name of its representative, the address of its place of business, email address, business registration number, mail-order business registration number, Chief Privacy Officer, and other relevant information, on the initial screen of the Service or through a linked page so that users can easily review them.
Before a user completes membership registration, the Company provides guidance so that the user may understand the important contents of these Terms, and requires the user to indicate consent to these Terms at the time of membership registration.
The Company may amend these Terms to the extent such amendment does not violate applicable laws and regulations, including the Act on the Consumer Protection in Electronic Commerce, etc. and the Act on the Regulation of Terms and Conditions.
If the Company amends these Terms, it shall specify the effective date, the reason for amendment, and the major changes, and post the amended Terms together with the current Terms on the initial screen of the Service or through a linked page from seven (7) days prior to the effective date until the day immediately preceding the effective date. However, if the amendment is unfavorable to users, the Company shall provide at least thirty (30) days’ prior notice by the same method and also notify users individually by email or other appropriate means.
If the Company clearly notifies users, in accordance with the preceding paragraph, that failure to express an objection by the effective date shall be deemed consent, and a user nonetheless does not explicitly state an objection, the user shall be deemed to have agreed to the amended Terms.
If a user does not agree to the amended Terms, the user may discontinue use of the Service and request membership withdrawal.
Any matters not prescribed in these Terms and the interpretation of these Terms shall be governed by applicable laws and regulations and commercial practices.

Article 4 (Provision and Change of the Service)

The Company performs the following tasks:
providing information about the Service and entering into purchase agreements;
providing the Service for which a purchase agreement has been concluded; and
other tasks designated by the Company.
The Company may change the content of the Service to be provided under future contracts in the event of a service sellout, changes to technical specifications, or changes to service policies.
If the Company changes the content of a Service for which it has already entered into a contract with a user, it shall notify the user without delay at an email address or other contact information available for notice, together with the reason for such change.
In the foregoing case, the Company shall compensate the user for damages incurred as a result thereof; provided, however, that this shall not apply if the Company proves that it was not intentional or negligent.

Article 5 (Suspension of the Service)

The Company may temporarily suspend the provision of the Service in the event of maintenance, inspection, replacement, malfunction, communication interruption, system failure, regular inspection, or any other reasonable cause involving information and communications facilities such as computers.
If a paid Service is suspended for the reasons set forth in Paragraph 1, the Company shall compensate users for damages incurred in accordance with applicable laws and the Company’s compensation policy; provided, however, that this shall not apply if the Company proves that it was not intentional or negligent.
If the Company can no longer provide the Service due to a change in business type, discontinuance of business, business combination, termination of the Service, or any similar reason, it shall notify users by the method prescribed in Article 8 and proceed with compensation or refund procedures in accordance with applicable laws and regulations.

Article 6 (Membership Registration)

A user may apply for membership registration by filling in the membership information in the form designated by the Company and indicating consent to these Terms.
The Company shall register an applicant as a member unless the applicant falls under any of the following:
the applicant has previously lost membership status pursuant to Article 7(3) of these Terms; provided, however, that an exception shall apply where three (3) years have elapsed since such loss of membership status and the applicant has obtained the Company’s approval to re-register as a member;
the registration contains false statements, omissions, or errors; or
the Company reasonably determines that registration as a member would cause a material technical or operational disruption to the Service.
The membership agreement is formed at the time the Company’s approval reaches the applicant.
If any information provided at the time of membership registration changes, the member shall notify the Company of such change within a reasonable period by revising the member information or by any other method designated by the Company.

Article 7 (Membership Withdrawal and Loss of Qualification, etc.)

The Company provides a membership withdrawal function within the Service so that members may withdraw their membership at any time.
The Company may restrict or suspend a member’s qualification if the member falls under any of the following:
where the member registered false information when applying for membership;
where the member fails to pay the price of a Service purchased through the Service or any other debts borne by the member in relation to use of the Service by the due date;
where the member interferes with another person’s use of the Service, misappropriates another person’s information, or otherwise threatens the order of electronic commerce;
where the member engages, through the Service, in any act prohibited by law or these Terms, or any act contrary to public order and morals; or
where the member has no record of having created a survey after registration, has no record of access within the most recent one (1) year, and has not verified the email address entered at the time of registration.
If, after the Company has restricted or suspended a member’s qualification, the same conduct is repeated two (2) or more times, or the cause is not remedied within thirty (30) days, the Company may cause the member to lose membership qualification.
If the Company causes a member to lose membership qualification, it shall cancel the member registration. In such case, the Company shall notify the member of such cancellation and give the member at least thirty (30) days to present an explanation before the member registration is canceled.

Article 8 (Notices to Members)

When the Company gives notice to a member, it may do so using the email address provided by the member at the time of membership registration.
For notice to an unspecified number of members, the Company may substitute individual notice by posting the notice on a bulletin board or notice page within the Service; provided, however, that matters having a material effect on a particular member’s transactions shall be notified individually.

Article 9 (Purchase Requests and Consent to the Provision of Personal Information, etc.)

A user may submit a purchase request on the Service by the following or similar methods, and the Company shall provide the following details in an easy-to-understand manner when the user submits such purchase request:
searching for and selecting the Service;
entering purchaser information and information necessary for payment;
submitting a purchase request for the Service and confirming the same, or consenting to the Company’s confirmation; and
selecting the method of payment.
If, for the purpose of carrying out the purchase procedure, the Company needs to provide the purchaser’s personal information to a third party or entrust the processing of such information, the Company shall provide notice through its Privacy Policy or by any other method required by applicable law and obtain consent where required.

Article 10 (Formation of Contract)

The Company may refuse a purchase request under Article 9 if any of the following applies. However, where the Company enters into a contract with a minor, it shall notify that the minor or the minor’s legal representative may cancel the contract if the consent of the legal representative has not been obtained.
where the application contains false statements, omissions, or errors;
where a minor purchases any Service or goods prohibited by law; or
where the Company reasonably determines that accepting the purchase request would cause a material technical or operational disruption to the Service.
When a user submits a purchase request, the Company shall send the user a notice confirming receipt, and the contract shall be deemed formed at the time the Company’s acceptance, in the form of such notice confirming receipt, reaches the user.

Article 11 (Methods of Payment)

Payment for use of the Service may be made by any of the following methods made available by the Company within the Service:

payment by bank transfer or cash transfer;
card payment by credit card, debit card, or similar card; and
other electronic payment methods designated by the Company.

Article 12 (Supply of the Service)

Unless otherwise agreed with the user regarding the timing of service supply, the Company shall take the necessary measures so that the user may use the Service from the time the user submits the subscription or purchase request. The Company shall take appropriate measures so that the user can verify the procedures and progress of the supply of the Service.
The Company shall specify the method and period of provision for the Service purchased by the user. If the Company violates the agreed period of service provision, it shall compensate the user for damages incurred thereby; provided, however, that this shall not apply if the Company proves that it was not intentional or negligent.
For some paid Services of the Company, the usage fee may be charged automatically on a recurring and periodic basis. When a user purchases such a Service, the Company shall clearly inform the user of that fact, the billing cycle, the amount, and the method of cancellation. After purchase, the user may easily cancel such automatic payment at any time, and the cancellation shall take effect from the next billing cycle.

Article 13 (Withdrawal of Subscription and Refunds)

The Company shall comply with applicable laws and the following provisions in connection with withdrawal of subscription for paid Services and refunds:

If a user upgrades from the Service currently in use to a higher-tier Service, the Company may settle the payment by deducting the amount corresponding to the remaining period of the currently used Service from the upgrade fee.
If the Company can no longer provide the Service purchased by the user due to circumstances attributable to the Company, it shall notify the user of the reason without delay and either refund the payment received or take the measures necessary for such refund, and may, with the user’s consent, provide another Service corresponding to the interrupted Service.
If, due to the Company’s fault, a serious problem arises in the Service purchased by the user and the Service remains unusable for a certain period of time or longer, the Company may compensate the user by a reasonable method, such as extending the usage period of the same Service for the period of such unavailability.
If the user does not complete payment of the purchase price, the Company may cancel the relevant purchase request or terminate the contract in accordance with applicable laws and its policies.
If applicable laws such as the Act on the Consumer Protection in Electronic Commerce, etc. provide otherwise with respect to withdrawal of subscription, such laws shall govern.
If the content of the Service differs from the details indicated or advertised, or is performed differently from the contract, the user may withdraw the subscription within three (3) days from the date of receipt of the Service, or within seven (7) days from the date the user became aware of, or could have become aware of, such difference.
If a member requests membership withdrawal while using a paid Service, the Company shall, prior to withdrawal, inform the member of important matters, including that member information and survey information will be deleted and cannot be restored and that, except where withdrawal of subscription or a refund is recognized under applicable laws, no refund will be provided, and shall obtain the member’s confirmation or consent thereto. Once the member has confirmed or consented to the foregoing and the membership withdrawal is completed, member information and survey information shall be deleted and may not be restored. However, information required to be retained under applicable laws shall be retained for the retention period prescribed by such laws.

Article 14 (Terms and Conditions and Conditions of Use for Individual Services)

The Company may establish separate terms of use and usage policies for individual Services, and a member shall be subject to a separate consent procedure when first using an individual Service if separate terms apply to such individual Service. In such case, the terms of use, etc. for the individual Service shall prevail over these Terms.
Notwithstanding the preceding paragraph, the Company may notify users of usage policies for individual Services through the Service, and users shall familiarize themselves with and comply with such usage policies.

Article 15 (Protection of Personal Information)

When collecting personal information of users, the Company shall collect only the minimum personal information necessary for the provision of the Service.
The Company shall not collect in advance information necessary for performance of a purchase contract at the time of membership registration. However, this shall not apply where the Company collects the minimum specific personal information required to verify identity prior to a purchase contract in order to perform obligations under applicable laws.
When the Company collects or uses a user’s personal information, it shall notify the user of the purpose thereof and obtain the necessary consent.
The Company shall not use collected personal information for any purpose other than the disclosed purpose. If a new purpose of use arises or if the information is provided to a third party, the Company shall notify the user and obtain the necessary consent in accordance with applicable laws. However, an exception shall apply where applicable laws provide otherwise.
Where the Company is required by applicable laws to obtain the user’s consent, the Company shall specify or notify in advance matters prescribed by law, including the name and contact information of the Chief Privacy Officer, the purpose of collection and use of information, and matters concerning provision to a third party. The user may withdraw such consent at any time.
A user may, at any time, request access to, correction of, deletion of, or suspension of processing of the user’s personal information held by the Company, and the Company shall take the necessary measures without delay in accordance with applicable laws. If a user requests correction of an error, the Company shall not use the relevant personal information until such error has been corrected.
To protect personal information, the Company limits to the minimum the persons who handle users’ personal information and implements technical and managerial measures for the protection of personal information. However, this shall not mean that the Company assumes any liability beyond the scope permitted by law where there is no intent or negligence on the part of the Company.
The Company or any third party that has received personal information from the Company shall destroy the relevant personal information without delay in accordance with applicable laws once the purpose of collection or the purpose for which the information was received has been achieved.
The Company shall specifically inform users of any Services that are restricted if the user refuses consent to the collection, use, or provision of personal information, and shall not restrict or refuse membership registration or provision of the Service on the ground that the user has refused consent to the collection, use, or provision of personal information that is not a required item.
If a member has already publicly conducted or is conducting a survey using Moaform, the Company may publicly promote that the member is a user of Moaform.

Article 16 (Obligations of the Company)

The Company shall not engage in any act prohibited by laws or these Terms, or any act contrary to public order and morals, and shall use its best efforts to provide the Service continuously and stably in accordance with these Terms.
The Company shall establish a security system for the protection of users’ personal information, including credit information, so that users may safely use internet services.
If the Company causes damage to a user by engaging in unfair indication or advertising in relation to the Service in violation of Article 3 of the Act on Fair Labeling and Advertising, the Company shall be liable to compensate the user for such damage.
The Company shall not send commercial advertising emails that users do not want.

Article 17 (Obligations Regarding Member ID and Password)

Unless there is a defect in the Company’s security system itself, or intent or negligence on the part of the Company, responsibility for the management of an ID and password shall rest with the member.
A member shall not allow any third party to use the member’s ID and password. In principle, one ID and password may be used only by one user.
If a member recognizes that the member’s ID and password have been stolen or are being used by a third party, the member shall notify the Company without delay and shall follow the Company’s instructions, if any.

Article 18 (Obligations of Users)

Users shall not engage in any of the following acts:

registering false information when applying for or changing information;
misappropriating another person’s information;
altering information posted on the Service;
transmitting or posting information other than information designated by the Company, such as computer programs;
infringing the copyrights or other intellectual property rights of the Company, the Service, or any third party;
damaging the reputation of, or interfering with the business of, the Company, the Service, or any third party;
disclosing or posting obscene or violent messages, images, audio, or other information contrary to public order and morals on the Service, or creating or posting such information by using the Service; and
leasing or reselling the Service without the Company’s prior written consent.

Article 19 (Attribution of Copyright and Restrictions on Use)

Copyrights and other intellectual property rights in works created by the Company shall belong to the Company.
Among the information obtained by using the Service, a user shall not, without the Company’s prior consent, reproduce, transmit, publish, distribute, broadcast, otherwise use for commercial purposes, or cause a third party to use any information in which intellectual property rights belong to the Company.
Copyrights in surveys created by users and in response data to such surveys shall belong to the relevant users.
If the Company uses copyrights belonging to a user in accordance with an agreement, the Company shall notify the relevant user.
The Company may use information that does not identify any individual user for statistical purposes.

Article 20 (Dispute Resolution)

The Company shall give priority to handling complaints and opinions submitted by users. However, if prompt handling is difficult, the Company shall notify the user without delay of the reason therefor and the expected processing schedule.
If a user applies for relief in connection with an electronic commerce dispute arising between the Company and the user, such dispute may be resolved through mediation by a dispute resolution body commissioned by the Fair Trade Commission or a Mayor/Do Governor.

Article 21 (Jurisdiction and Governing Law)

Any lawsuit relating to a dispute arising between the Company and a user shall be subject to the exclusive jurisdiction of the district court having jurisdiction over the user’s address at the time of filing; if the user has no address, the district court having jurisdiction over the user’s residence shall have exclusive jurisdiction. However, if the user’s address or residence at the time of filing is unclear, or if the user resides overseas, the lawsuit shall be brought in the court having jurisdiction under the Civil Procedure Act.
The laws of the Republic of Korea shall govern any lawsuit brought between the Company and a user.