Terms and Conditions for Paid Services for bubble for WM
Article 1 (Objective)
① These terms and conditions regulates rights, obligations, responsibilities and other necessary matters of Dear U Co., Ltd. (hereinafter, referred to as 'the company') and 'members' in relation to use of paid services (it refers to the services that requires fees and is designated by the company) under the services (hereinafter, 'services') provided by 'the company'
② These terms and conditions apply to the 'members' who are willing to use paid contents and services under the services.
③ These terms and conditions are incidental terms and conditions of the 'Terms of Conditions of Use', and any matters not defined in these terms and conditions follow the 'Terms of Conditions of Use'.
Article 2 (Application of terms and conditions)
These terms and conditions will be applied under separate consent procedure in such services when 'members' wish to use paid services under the services.
Article 3 (Definition)
① Definitions set forth in 'Terms of Conditions of Use' are used with the same meanings in these terms and conditions.
② Terminologies additionally defined by these terms and conditions except 'Terms of Conditions of Use' are as follows.
1. 'Coin' refers to a virtual payment method used to purchase various products (items, etc.) provided by 'the company.'
2. ‘Tickets’ refers to the products for ‘Members’ that can be used in the bubble chatting services with ARTIST provided by ‘the company’. 'Tickets' can be purchased through the payment method defined by 'the company'. And the ‘members’ will be guided on ‘how to use the tickets, ticket types, etc.’ by the screen at the time of purchase of 'Tickets'.
③ Any definitions in these terms and conditions not specified in these terms and conditions follow any relevant laws and general commercial practice.
Article 4 (Posting paid service contents and usage period etc.)
① In order to enable the 'member' to accurately understand the transaction conditions of the paid service before entering the paid service usage contract and to make a transaction without mistakes or errors, 'the company' shall display the following items in plain language through these Terms as well as on the initial page of the 'service' screen or a separate linked page.
1. Name, type and price of the paid service, usage, period of use, conditions of use, and other details
2. Seller’s name, Representative’s name, Corporate name, address and telephone number
3. Method, period, and effect of the cancellation of the transaction or the contract, refund, and other details
4. Consumer compensation, complaint resolution, and dispute resolution
② The expiration period of the coin is for 5 years. Unused coins are valid until the last day of the month (KST) based on the expiration date. (However, coins received for free may have different expiration periods by item.)
③ The company shall comply with recommended specification information in regards to minimum technical specification for devices needed for using the paid services.
Article 5 (Agreement of use, etc.)
The contract for the use of the paid service is concluded by the 'member' accepting these Terms and purchasing (payment) the paid service through the payment means and method specified by 'the company'.
Article 6 (Refusal and deferring of agreement of use)
① 'The company' may deny or hold off acceptance of a 'member'’s request for using 'paid service' in case any of the following reasons.
1. Using other’s name illegally or not using one’s real name
2. Entering false information or not filling out necessary information required by 'the company'
3. In case minors apply for paid services prohibited by Juvenile Protection Act
4. In case payment for the price or payment for Coin is not actually made or the payment is likely not made.
5. In case when any purchase is considered that it is done in purpose of hindering the 'Company''s service, causing technological error, illegal use, such as continuous purchase from same IP or similar account, etc.
6. In case any 'members' are violating or have a history of violating 'Terms of Conditions of Use' and other regulations such as infringement of copyrights in the 'services'
7. In case the company provides clearly unreasonable price or 'services' and it is expected that it will cause unexpected damages to the company if the services are provided
8. In case facilities for services are not sufficient, or there is any technical or operational issues
9. If a 'member' violates Article 12 of the 'Terms of Use' or whose use is restricted according to Article 21-2.
10. In case it is determined that it is not possible to approve due to other faults of 'members'
② The agreement of use is concluded when indicating completion of sign-up and purchase in the process of application.
③ If 'members' wish to use these paid services, they have to consent to these terms and conditions, and pay the usage fees according to the conditions designated by 'the company'.
Article 7 (Special rules for the agreement of use by minors)
① When a Member under the age of 19 ("Juvenile”) intends to use the paid Service, the ’Company’ shall notify the Member or his or her legal representative (e.g. parents) that they may cancel the agreement if the ‘Company’ does not obtain the consent of the legal representative or the confirmation after the conclusion of the agreement.
② When a Juvenile purchases a product without the consent of their legal representative, the Juvenile or legal representative may request the company to withdraw the purchase. If, however, the amount of the purchase by a Juvenile is within the scope of the property authorized for autonomous use by a legal representative, or a Juvenile made the ‘Company’ to believe that the ‘Member’ was an adult or that the purchase was made with his/her legal representative’s consent by using information of adults, the withdrawal of the purchase may be limited even without the consent of the legal representative.
Article 8 (Payment method)
① The payment method for using the paid services can be one of following methods. However, 'the company' shall not collect any additional fees for the payment method of 'members'.
1. Payment through means supported by the 'open market business'
2. Other payments through electronic payment methods permitted by 'the company', etc.
② The accumulated payment and top up amount may be limited per 'member' upon the policies of 'the company' and the limitation of the payment service provider specified in Paragraph 1. If the limitation is exceeded, the paid service may not be used additionally.
Article 9 (Provision and suspension of paid services)
① 'The company' may temporarily suspend provision of paid services if there is maintenance, replacement, breakdown or communication interruption, etc. of information and communication facilities like computers etc., or in case of other reasonable cause regarding the operation. In this case, 'the company' notifies it to the 'members' in the method specified in Article 10 (Notification to 'members') of the Terms of Conditions of Use. Provided, however, if there is any reason that 'the company' cannot notify it in advance, it may be notified later.
② 'The company' may conduct regular check-up if it is necessary for the provision of paid service. The regular check-up times are published on the screen of the paid service.
③ In case the paid services cannot be provided due to business item change, discontinued business or merge between companies, etc. The company shall notify 'members' in the way set forth in Terms of Conditions of Use Article 10 (Notification to 'members'), and 'the company' shall compensate 'members' according to reasonable conditions.
Article 10 (Changes in paid services)
① 'The company' may change the whole or part of paid services according to the operation and technical necessities if there is any significant reason. Provided, however, if the changed contents are important or unfavorable to the 'members', 'the company' will notify it to the 'members' who receive the paid service in the method specified in Article 10 (Notification to members) of the Terms of Conditions of Use.
② 'The company' provides prior services before the change to the 'members' who refuse to accept the changes in the services specified in the prior Paragraph. Provided, however, if it is not possible to provide such services, the provision of the services may be suspended or the agreement may be terminated. In such case, refund, etc. shall be processed according to Article 15 (Effect of termination and cancellation of agreement by 'members').
Article 11 (Obligations of 'the company')
① 'The company' does not take any actions prohibited by relevant laws and these terms and conditions, or commit an offense against traditional custom, and strives to make best efforts to provide the paid services continuously and stably under these terms and conditions.
② 'The company' shall establish a security system to protect personal information (including credit information) in order for 'members' to use the paid services safely, and publish and observe Privay Policy.
③ 'The company' shall address opinions or complaints raised by the 'members' regarding the use of paid services, if they are admitted to be reasonable. The process and result of addressing opinions or complaints raised by members shall be delivered to 'members'.
Article 12 (Obligations of 'members')
① 'Members' shall purchase services after accurately checking out the details of paid services provided by 'the company' or sellers and the conditions of transactions before using the paid services. Members' shall be responsible for any damages occurred due to negligence of checking out the details and conditions of the transaction.
② 'Members' shall observe these terms and conditions and the notifications published by 'the company' in relation to the paid services. If 'members' breach or not implement the terms and conditions and the notifications and any losses or damages occur, then the 'members' shall be responsible for that.
③ 'Members' shall use paid service in the manner designated and accepted by 'the company'
④ 'Members' shall not conduct following activities when using paid services.
1. Any acts to use the paid services or access to the system in an abnormal manner instead of the paid service usage method provided by 'the company'
2. Any acts to use the paid services provided by 'the company' through illegal use of others’ name, card information or account information
3. Any acts to obtain or use goods or any contents in an abnormal manner not designated by 'the company'
4. Any acts to change information posted by 'the company' without permission, or transmit or post information (computer program, etc.) not designated by 'the company'
5. Any acts to infringe intellectual property right such as copyrights of 'the company' and any third parties
6. Any acts to defame the reputation of 'the company' or any third party or interrupt businesses
7. Any acts to disclose or post obscene or violent messages, video, audio or other information in the paid services that are offensive against public order and good morals
8. Any acts to repeat purchasing process without actual intention of purchasing
9. Any other illegal activities or wrongdoings
Article 13 (Withdrawal of service subscription by 'members', termination and cancellation of agreement)
① ‘Members' who have entered into a contract with the 'company' on the usage of paid services according to these Terms may cancel their subscription without any fees within seven (7) days from the date of contract conclusion.
② 'Members' may not cancel their subscription pursuant to Paragraph 1 against the will of 'the company' in any of the following cases.
1. If the value of goods, contents, etc., have significantly decreased due to the use or partial consumption of goods and contents purchased by the 'member.'
2. If the goods, contents, etc., have been destroyed or damaged for reasons responsible to the 'member'.
3. In case the provision of service or digital content under Article 2-5 of the Framework Act on the Promotion of Cultural Industries has started. However, in the case of a contract composed of divisible contents, contents not provided are excluded.
4. If the goods, contents are provided free of charge through events, promotions, rewards, etc.
5. If a 'member' whose use is restricted in accordance with Article 12 (Member’s obligations) of the 'Terms of Use'
③ 'The company' shall clearly inform the reasons why it is impossible to cancel the subscription pursuant to the provisions of Paragraph 2 in a space where the 'member' can easily notice.
④ Notwithstanding the provisions of Paragraph 3 above, if the contents of the paid service are different from the contents of the display or advertisement or performed differently from the contract, subscription withdrawal may occur within three (3) months from the date of paid service access or within thirty (30) days from the date of knowing or could know the fact.
⑤ 'Members' may withdraw subscription for the following reasons.
1. In case 'the company' cannot complement or correct any defects of paid services, it may be withdrawn within one month from the day of supply
2. In case 'members' who use the paid services do not agree to the changes in these terms and conditions or Terms of Conditions of Uses, and they withdraw membership or terminate the Terms of Conditions for Paid Service
⑥ Withdrawal of subscription takes effect from the date the 'member' expresses his/her intention in writing (including electronic documents) to 'the company” through the 'service' customer center.
⑦ When 'the company' receives the intention of members for withdrawal of subscription according to Paragraph 6, it shall reply to the 'members' immediately.
⑧ 'Members' may request remedy of defect in using paid services for a certain period before expressing intention of withdrawal of subscription by the reasons specified in Paragraph 2 Subparagraph 1. If 'the company' determines that it is impossible to remedy the defects, then it shall be notified to the 'members' to continue the withdrawal of subscription process.
Article 14 (Refunds other than subscription withdrawal, etc.)
'Members' can get refunds for the paid services that have not been used or content that have not yet been provided with 'coin.' However, 'tickets' are not refundable with 'coin.'
Article 15 (Effect of termination and cancellation of agreement by 'members')
① 'The company' shall refund the payment to the 'members' in the manner used for purchase within three business days from the day of replying 'members' expressing the intention of 'withdrawal of subscription, etc.'. If the refund is not available in the same manner, it shall be notified in advance. If the payment method (e.g. Refund to bank account, etc.) requires verification of receipt, then it shall be refunded within three business days from the verification of receipt.
② If 'the company' refunds according to Paragraph 1, it may refund the amount after deducting benefits that 'members' earned from the use of paid service. however, if necessary, 'the company' may request verification of deposit to 'members' according to payment method, and it may refund the payment after deducting amount equivalent to refund fees (greater amount from 10% or 1,000 Korean won).
③ When 'the company' refunds the amount, if members paid the price by credit card or electronic currency, then, the company immediately requests the service providers that provide the payment method to suspend or cancel the billing. Provided, however, it may not apply to the cases specified in the proviso clause of Paragraph 1 and Paragraph 2.
④ If 'the company' or a party that receives the price for the paid service, and the person or entity who enters into the agreement of use for paid services with 'members' are not same, each party shall be jointly responsible for implementing obligations in relation to refunds due to withdrawal of subscription, or termination or cancellation of agreement.
⑤ Paid services provided through event or promotion provided without any payments to 'members' shall not be subject to the refund.
⑥ 'The company' takes relevant measures in accordance with the Consumer Protection Act in E-commerce, such as requesting suspension or cancellation of the in-app payment to the 'open market business'. However, regarding the action of the 'open market business' in response to the request of ‘the company' as above, please refer to the applicable 'open market business' policies.
⑦ If the 'member' has remaining 'coins' or paid services in use at the time of 'service' withdrawal, the 'member' must apply for a refund or use it before applying for withdrawal. If the 'member' voluntarily withdraws from membership in spite of the fact that 'the company' has checked with the 'member' his/her intention on getting a refund upon membership withdrawal, 'the company' deletes the member's coins or information of the paid services in use. 'The company' shall not be liable for the recovery of any deleted 'coins' or paid services.
Article 16 (Termination, cancellation and restriction of use by 'the company')
① 'The company' may cancel or terminate the contract or limit the use of paid services for a certain period of time without prior notice if the 'member” commits any act specified in Article 6.
② The termination and cancellation set forth in Paragraph 1 shall be effective when such intention is expressed toward 'members' according to the notification method designated by 'the company'.
③ The 'members' may object against the termination, cancellation and restriction of use by 'the company' according to the procedure made by 'the company'. At this time, if 'the company' admits that the objection is reasonable, then 'the company' immediately allows the members to use the services.
Article 17 (Effect of termination or cancellation of agreement due to the fault of 'members')
The effect of cancellation or termination of the contract imputable to the 'member' shall be governed by Article 13.
Article 18 (Overpayment)
① If 'the company' receives payment excessively, the excessive amount shall be refunded in the manner used for purchase. If the refund is not available in the same manner, it shall be notified in advance.
② If any payment is excessive due to the fault of 'the company', 'the company' shall refund the excessive amount fully regardless of whether it is contract charge or fees. Provided, however, if the excessive amount is occurred due to the fault of 'members', then the 'members' shall pay the expenses required for 'the company' to refund the excessive amount within a reasonable range.
③ In case 'the company' refuses to refund the excessive amount claimed by 'members', it has responsibility to prove that the payment was properly charged.
④ 'The company' processes the refund procedure of the overpayment in accordance with the Content User Protection Guidelines.
Article 19 (Limitation of Liability)
① If 'the company' cannot provide paid services due to force majeure such as changes in relevant laws, natural disaster or similar incidents, the obligation to provide the paid services is exempted.
② 'The company' shall not be responsible for the discontinuance of paid service due to the fault of 'members'.
③ 'The company' disclaims any responsibilities on reliability and accuracy of information, material and fact posted in relation to the paid services.
④ ‘The company’ is not responsible for the paid service-based dispute that arises between the members and/or the third party unless there is any reason attributable to 'the company'.
Article 20 (Interpretation of terms and conditions)
Any matters not specified in these terms and conditions, and interpretation of these terms and conditions shall follow Act on Promotion of Information and Communications Network Utilization', 'Contents Industry Promotion Act', 'Act on Consumer Protection in Electronic Commerce, etc.', 'Act on the Regulation of Terms and Conditions', Instructions for Digital Contents User Protection' prepared by the Minister of Culture, Sports and Tourism, other relevant laws, Terms of Conditions of Use or commercial practices.
Article 21 (Governing Laws and Jurisdiction)
① Korean laws govern any matters related to these terms and conditions.
② Any lawsuits for disputes between 'the company' and 'members' shall be filed to the court under Civil Procedure Act.
Appendix
Notification Date: May. 4, 2023
Enforcement Date: June. 5, 2023