Terms of Service
**Standard Terms and Conditions for E-Commerce (Internet Cyber Mall)**
Article 1 (Purpose)
The purpose of these Terms and Conditions is to define the rights, obligations, and responsibilities of the cyber mall and its users in using the internet-related services (hereinafter referred to as “Services”) provided by FCDA Online Academy Mall (hereinafter referred to as the “Mall”), operated by the e-commerce business entity, FCDA Online Academy.
※ These Terms and Conditions shall also apply to electronic commerce conducted through PC communication, wireless communication, etc., unless it contradicts its nature.
Article 2 (Definitions)
- The term “Mall” refers to the virtual business platform established by FCDA Online Academy using computers and other information communication facilities to enable transactions of goods or services (hereinafter referred to as “Goods, etc.”) with users. The term also encompasses the business entity operating the cyber mall.
- The term “User” refers to any individual accessing the “Mall” to use the services provided by the “Mall” in accordance with these Terms and Conditions, including both members and non-members.
- The term “Member” refers to a user who has registered as a member of the “Mall” and can continuously use the services provided by the “Mall.”
- The term “Non-member” refers to a user who uses the services provided by the “Mall” without registering as a member.
Article 3 (Specification, Explanation, and Revision of Terms and Conditions)
- The “Mall” shall display the contents of these Terms and Conditions, along with the business name, the representative’s name, the address of the business office (including the address for handling consumer complaints), telephone number, fax number, email address, business registration number, e-commerce registration number, and the personal information protection officer, on the initial service screen (front page) of the FCDA Online Academy Mall in a manner that users can easily access. However, the Terms and Conditions may also be made available through a linked screen.
- The “Mall” may change the contents of goods or services to be provided under future contracts in cases such as stock shortages or changes in technical specifications. In such cases, the “Mall” shall immediately post a notice specifying the updated goods or services and the date of provision at the same location where the current goods or services are displayed.
- If the “Mall” changes the contents of services to be provided under a contract already concluded with a user, such as due to stock shortages or changes in technical specifications, the “Mall” shall immediately notify the user at an address through which communication is possible.
- In cases outlined in the previous paragraph, the “Mall” shall compensate the user for any damages incurred as a result of the changes. However, this shall not apply if the “Mall” proves that it was not negligent or at fault.
Article 5 (Service Interruption)
- The “Mall” may temporarily suspend the provision of services in cases such as maintenance, replacement, breakdown of computer or information communication facilities, or interruption of communication.
- The “Mall” shall compensate users or third parties for damages caused by the temporary suspension of services under Paragraph ①. However, this does not apply if the “Mall” proves that it was not negligent or at fault.
- If the “Mall” is unable to provide services due to reasons such as a change in business category, discontinuation of business, or a merger with another company, it shall notify users in accordance with the method specified in Article 8 and compensate consumers based on the conditions initially presented by the “Mall.” If the “Mall” has not disclosed compensation standards, it shall pay users the equivalent value of their mileage or accumulated points in cash or goods corresponding to the currency value used within the “Mall.”
Article 6 (Membership Registration)
① A user applies for membership by filling out the membership information according to the registration form set by the “Mall” and expressing their intention to agree to these Terms and Conditions.
② The “Mall” shall register the user as a member unless the applicant falls under any of the following conditions:
- The applicant has previously lost membership under Article 7, Paragraph 3 of these Terms, except if more than three years have passed since the loss of membership and the applicant has received approval from the “Mall” for re-registration.
- There is false information, omissions, or typographical errors in the registration details.
- The “Mall” deems that registering the user as a member would significantly hinder the technical operations of the “Mall.”
③ The membership agreement shall be established when the “Mall” accepts the user’s application and the acceptance reaches the user.
④ If there are any changes to the information provided during membership registration, the member must inform the “Mall” of these changes within a reasonable period, through methods such as updating the membership information.
Article 7 (Member Withdrawal and Loss of Membership)
① A member may request to withdraw from membership at any time, and the “Mall” will immediately process the withdrawal.
② The “Mall” may restrict or suspend membership if the member falls under any of the following conditions:
- The member registers false information during the application process.
- The member fails to pay the amount due for goods purchased or any other debts related to using the “Mall” by the due date.
- The member disrupts the use of the “Mall” by others or misuses information, threatening the order of electronic commerce.
- The member engages in activities prohibited by law or these Terms and Conditions, or acts in a manner that is against public morals.
③ If the same behavior occurs more than twice or if the issue is not corrected within 30 days after the “Mall” has restricted or suspended the membership, the “Mall” may revoke the membership.
④ If the “Mall” revokes a member’s qualification, it will cancel the membership registration. In this case, the member will be notified, and at least 30 days will be provided before the cancellation for the member to explain or rectify the situation.
Article 8 (Notification to Members)
① When the “Mall” sends notifications to members, it may do so via the email address designated by the member in advance through an agreement with the “Mall.”
② For notifications to an unspecified number of members, the “Mall” may substitute individual notifications by posting the information on the “Mall” bulletin board for at least one week. However, for matters that significantly affect the individual member’s transactions, the “Mall” will send an individual notification.
Article 9 (Purchase Application and Consent to Provide Personal Information)
① Users of the “Mall” apply for purchases in the following or similar ways, and the “Mall” must clearly provide the following information when the user applies for a purchase:
- Search and selection of goods, etc.
- Entry of recipient’s name, address, phone number, email address (or mobile phone number).
- Confirmation of the contents of the Terms and Conditions, services where the right of withdrawal is limited, delivery fees, installation costs, and other related charges.
- Agreement to these Terms and Conditions and confirmation or rejection of the matters mentioned in Item 3 (e.g., mouse click).
- Purchase application of goods, etc., and consent to confirmation of the purchase, or confirmation from the “Mall.”
- Selection of payment method.
② If the “Mall” needs to provide the purchaser’s personal information to a third party, it must inform the purchaser of:
1) The entity receiving the personal information.
2) The purpose for which the third party will use the personal information.
3) The type of personal information provided.
4) The retention and usage period of the personal information by the third party. The “Mall” must obtain the purchaser’s consent. (This applies even if the consented matters change.)
③ If the “Mall” entrusts the handling of the purchaser’s personal information to a third party, it must inform the purchaser of:
1) The entity handling the personal information.
2) The content of the business the third party will perform in relation to personal information.
The “Mall” must obtain the purchaser’s consent. (This applies even if the consented matters change.) However, if necessary for contract performance related to service provision or for enhancing user convenience, the “Mall” may notify users of the change via the privacy policy, following the methods specified by the **Information and Communications Network Utilization and Information Protection Act**, without the need for further notification or consent.
Article 10 (Formation of Contract)
① The “Mall” may refuse to accept a purchase application if it falls under any of the following conditions. However, if a contract is being made with a minor, the “Mall” must notify that the minor or their legal guardian can cancel the contract if the legal guardian’s consent is not obtained:
- The application contains false information, omissions, or typographical errors.
- A minor attempts to purchase goods or services prohibited by the Youth Protection Act, such as tobacco or alcohol.
- The “Mall” deems that accepting the purchase application would significantly hinder its technical operations.
② A contract is considered to be formed when the “Mall’s” acceptance reaches the user in the form of a receipt confirmation notice under Article 12, Paragraph 1.
③ The “Mall’s” acceptance must include confirmation of the user’s purchase application, the availability of the goods for sale, and information regarding the correction or cancellation of the purchase application.
Article 11 (Payment Methods)
The payment methods for goods or services purchased from the “Mall” can be made by any of the following available methods. However, the “Mall” cannot charge any additional fees under any circumstances for the payment method selected by the user:
- Various account transfers, such as phone banking, internet banking, and mail banking.
- Payments by prepaid cards, debit cards, credit cards, and other types of card payments.
- Online bank transfer (non-account transfer).
- Payments made through electronic money.
- Payment upon receipt of goods.
- Payment using points, such as mileage, issued by the “Mall.”
- Payment using gift certificates that the “Mall” has contracted with or recognized.
- Other electronic payment methods.
Article 12 (Receipt Confirmation Notice, Purchase Application Changes, and Cancellations)
1.Upon receiving a purchase application, the “Mall” will send a receipt confirmation notice to the user.
- After receiving the receipt confirmation notice, the user may request changes or cancellations of their purchase application if there is any discrepancy in the statement of intent. The “Mall” must promptly process the request if it is made before the delivery. However, if payment has already been made, the provisions on cancellation under Article 15 will apply.
Article 13 (Supply of Goods, etc.)
- Unless otherwise agreed upon between the “Mall” and the user regarding the supply of goods, the “Mall” will take necessary measures, such as custom manufacturing and packaging, to deliver the goods within 7 days from the date the user places the order. However, if the “Mall” has already received all or part of the payment for the goods, the “Mall” will take action within 3 business days from the date it receives the payment. In this case, the “Mall” will take appropriate measures to allow the user to track the supply process and status of the goods.
- The “Mall” will specify the delivery method, the party responsible for delivery costs for each method, and the delivery period for the goods purchased by the user. If the “Mall” exceeds the agreed delivery period, it must compensate the user for any resulting damages. However, if the “Mall” can prove that there was no intent or negligence, it will not be liable.
Article 14 (Refund)
If the goods purchased by the user are unavailable due to reasons such as being out of stock, the “Mall” must promptly notify the user of the issue. If the “Mall” has already received payment for the goods, it must refund the payment within 3 business days from the date the payment was received, or take the necessary steps to issue the refund.
Article 15 (Cancellation of Order, etc.)
① A user who has entered into a contract for the purchase of goods, etc., with the “Mall” may cancel the order within 7 days from the date they receive the written document regarding the contract content in accordance with Article 13, Paragraph 2 of the *Consumer Protection in Electronic Commerce Act*. If the delivery of the goods is delayed beyond the receipt of the document, the user may cancel within 7 days from the date they receive the goods or when the supply of goods begins. However, if there are specific provisions in the *Consumer Protection in Electronic Commerce Act* regarding order cancellation, those provisions shall apply.
② If the user has received the goods, they cannot return or exchange the goods in the following cases:
- If the goods are lost or damaged due to reasons attributable to the user (however, if the user only damages the packaging to verify the contents of the goods, they may still cancel the order).
- If the value of the goods has significantly decreased due to the user’s use or partial consumption.
- If the value of the goods has significantly decreased to the point where reselling them is difficult due to the passage of time.
- If the goods can be duplicated and the packaging of the original goods has been damaged.
③ In cases falling under Subparagraphs 2 to 4 of Paragraph 2, if the “Mall” has not clearly indicated in advance that order cancellations, etc., are restricted, or failed to take measures such as providing sample products, the user’s right to cancel is not restricted.
④ Notwithstanding the provisions of Paragraphs 1 and 2, if the contents of the goods are different from what was indicated in the advertisement or do not fulfill the terms of the contract, the user may cancel the order within 3 months from the date the goods are received, or within 30 days from the date the user becomes aware or could have reasonably become aware of the discrepancy.
Article 16 (Effects of Withdrawal of Order, etc.)
① Upon receiving the return of goods, the “Mall” must refund the payment for the goods within 3 business days. If the “Mall” delays the refund, it must pay a late interest calculated by multiplying the delay period by the interest rate specified in Article 21-2 of the *Enforcement Decree of the Consumer Protection in Electronic Commerce Act*.
② When refunding the payment, if the user paid by credit card or electronic money, the “Mall” must promptly request the payment provider to stop or cancel the charge for the goods.
③ In the case of order cancellation, the user is responsible for the costs associated with returning the goods. The “Mall” will not claim penalties or compensation for damages from the user for withdrawal or return. However, if the goods differ from what was indicated in the advertisement or do not fulfill the terms of the contract, the “Mall” will bear the cost of returning the goods.
④ If the user paid for shipping when receiving the goods, the “Mall” must clearly indicate who will bear the shipping costs when the user exercises the right to cancel the order.
Article 17 (Personal Data Protection)
① The “Mall” collects the minimum necessary personal information for providing services when collecting personal data from users.
② The “Mall” does not collect information required for fulfilling a purchase contract during the membership registration process. However, if identity verification is required prior to a purchase contract due to legal obligations, only the minimum necessary personal data will be collected.
③ When the “Mall” collects and uses personal data, it must inform the user of the purpose of the collection and obtain the user’s consent.
④ The “Mall” may not use the collected personal data for purposes other than those stated, and if a new purpose arises or the data is to be provided to third parties, it must inform the user of the purpose and obtain consent. However, exceptions may apply in accordance with relevant laws.
⑤ If consent is required under paragraphs 2 and 3, the “Mall” must clearly specify the identity of the personal data manager (including affiliation, name, and contact information), the purpose of collection and use, and details of third-party data provision (recipient, purpose, and content of provided data) as required by Article 22(2) of the *Act on Promotion of Information and Communications Network Utilization and Information Protection*. Users may withdraw consent at any time.
⑥ Users have the right to view and request corrections of their personal data held by the “Mall”. The “Mall” must take necessary action without delay upon such request. If the user requests corrections to the data, the “Mall” must refrain from using the data until the correction is made.
⑦ To protect personal data, the “Mall” must limit the number of personnel handling the personal data and is fully responsible for any damages caused by the loss, theft, leakage, unauthorized third-party provision, alteration, etc., of personal data, including credit card and bank account details.
⑧ The “Mall” or third parties receiving personal data must promptly destroy the data once the purpose of its collection or provision is fulfilled.
⑨ The “Mall” does not pre-select consent boxes for the collection, use, and provision of personal data. In the event a user refuses consent, the “Mall” must clearly specify which services will be restricted due to the refusal. Refusal to consent to the collection, use, or provision of non-essential personal data will not result in the rejection of membership registration or service provision.
Article 18 (“Mall” Obligations)
① The “Mall” must not engage in any activities that violate laws, regulations, or public order and morals. It must make every effort to provide goods and services continuously and stably in accordance with these Terms and Conditions.
② The “Mall” must have a security system to protect users’ personal information (including credit information) to ensure users can use internet services safely.
③ If the “Mall” engages in unfair advertising or labeling practices as specified in Article 3 of the *Act on Fair Labeling and Advertising* and causes damage to users, it is responsible for compensating the loss.
④ The “Mall” will not send unsolicited commercial advertising emails to users.
Article 19 (Member’s Obligations Regarding ID and Password)
① Except for cases specified in Article 17, members are responsible for managing their own ID and password.
② Members should not allow third parties to use their ID and password.
③ If a member becomes aware that their ID or password has been stolen or is being used by a third party, they must immediately notify the “Mall” and follow any guidance provided by the “Mall”.
Article 20 (User’s Obligations)
Users must not engage in the following actions:
- Registering false information or making false changes during registration.
- Stealing others’ information.
- Modifying information posted on the “Mall”.
- Transmitting or posting information (such as computer programs) other than the information specified by the “Mall”.
- Infringing on the copyrights or intellectual property rights of the “Mall” or any third party.
- Damaging the reputation of the “Mall” or interfering with its operations.
- Posting obscene, violent, or other information that violates public order and morals on the “Mall”.
Article 21 (Relationship Between Linked “Malls” and Sub-linked “Malls”)
① When an upper-level “Mall” and a lower-level “Mall” are connected via hyperlinks (such as text, images, or videos), the former is referred to as the “linked Mall” (website), and the latter is referred to as the “sub-linked Mall” (website).
② If the linked “Mall” explicitly disclaims any responsibility for transactions conducted by the user with the sub-linked “Mall” regarding goods or services independently provided by the sub-linked “Mall,” as stated on the linked “Mall’s” homepage or popup screen, the linked “Mall” will not be responsible for such transactions.
Article 22 (Copyright Ownership and Usage Restrictions)
① The copyrights and other intellectual property rights for works created by the “Mall” belong to the “Mall”.
② Users may not use information obtained from the “Mall”, which is subject to intellectual property rights owned by the “Mall”, for commercial purposes, such as reproduction, transmission, publication, distribution, broadcasting, or any other method, without prior consent from the “Mall”. They also may not allow third parties to use such information.
③ If the “Mall” uses copyrights belonging to the user based on an agreement, it must notify the user beforehand.
Article 23 (Dispute Resolution)
① The “Mall” shall establish and operate a compensation system for addressing legitimate concerns or complaints raised by users and to compensate for any damages.
② The “Mall” shall prioritize handling complaints and opinions submitted by users. If prompt processing is difficult, the “Mall” will immediately notify the user of the reasons and the expected processing timeline.
③ In the case of an e-commerce dispute between the “Mall” and a user, if the user submits a request for redress, the dispute may be subject to mediation by the Fair Trade Commission or a dispute resolution agency designated by the relevant city or provincial governor.
Article 24 (Jurisdiction and Governing Law)
① Any litigation related to e-commerce disputes between the “Mall” and the user shall be filed with the District Court having jurisdiction over the user’s address at the time of filing. If the user has no address, the court having jurisdiction over the user’s place of residence shall have exclusive jurisdiction. However, if the user’s address or residence is unclear at the time of filing, or if the user resides abroad, the lawsuit shall be filed with the court having jurisdiction as per the Civil Procedure Act.
② The governing law for any e-commerce lawsuit filed between the “Mall” and the user shall be Korean law.