Chapter 1 General Provision
Article 1 (Purpose)
The purpose of Empo Terms of Service (hereinafter referred to as “the Terms”) is to define basic subjects including rights, duties, and responsibilities between Empo Inc. (hereinafter referred to as “the Company”) and user, conditions of service and procedures with regard to the use of electronic financial transaction and other related services which the Company provides.
Article 2 (Definitions)
(1) The definitions of terms used in the Terms shall be as follows:
(a) The term “services” means Empo and other associated services which user can use with any types of terminals (PC, handheld terminal and other wired and wireless devices).
(b) The term “user” means those who use services which the Company provides after signing up and obtaining the Company’s consent.
(c) The term “EMPER” or “EMPER user” means services or users that set up a mobile (wifi) hotspot on the Company’s mobile platform and facilitate mobile data sharing.
(d) The term “EMPEE” or “EMPEE user” means services or users that set up wifi on the Company’s mobile platform and enable wireless communication with EMPER’s terminals.
(e) The term “Empo App” means an application which is installed on handheld terminals such as smartphone and tablet PC (hereinafter referred to as “mobile device”) and implements services provided by the Company.
(f) The term “means of access” means any means or information mentioned in the Article 2 10. of the Electronic Financial Transaction Act which is used to issue transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction. It refers to a password registered with the Company, a membership number registered with a financial institution or an electronic banking company, and other means designated by the Company in order to use the electronic financial transaction service.
(g) The term “SSID (or “hotspot name”)” means wifi (wireless) network name which is directly connected by Empo App set up as means of access on user’s mobile device to identify EMPER’s terminals.
(h) The term “password” means combination of letters or numbers created by the Company or users to protect confidentiality.
(i) The term “platform” means all programs related to intangible services provided by the Company. Any user can use services as a EMPER user or EMPEE user on the platform.
(j) The term “electronic financial transaction” means any transaction whereby the Company provides financial products and services through electronic apparatus (hereinafter referred to as “electronic financial business”) and user uses them in an automated manner without any direct contact or facing with employees of the Company.
(k) The term “electronic payment means” means any means of payment by electronic means defined in the Article 2 11. of the Electronic Financial Transaction Act such as electronic prepayment means.
(l) The term “transaction request” means any request whereby user asks the Company to process electronic financial transactions pursuant to the Terms.
(m) The term “electronic apparatus” means any apparatus used to transmit or process the Company’s and related services usage information by electronic means, such as mobile device or any other devices which transmit or process information by electronic means.
(n) The term “charged service” means the mobile hotspot platform between communication terminals and all related services that the Company provides for a fee.
(o) The term “Data” means electronic prepayment means defined in the Electronic Financial Transaction Act which can be used like cash only when user uses services provided by the Company.
(p) The term “charge” means any increase in the amount of data whereby upon the Company’s request the Company withdraws money as much as the user wanted from the registered payment method like credit card and provides data up to corresponding quantity when a user requests charge to use services.
(q) The term “Refund (hereinafter referred to as “Reward”)reward” means deposit whereby the Company gives money back to user’s designated bank account as much as the user wants within the amount of remaining EMPER data when the user requested.
(r) The term “commission” means service fee whereby the Company imposes on a user on the basis of the Company’s service fee standard while providing services.
(2) Except as defined in this and other articles of the Terms, the Act on the Consumer Protection in Electronic Commerce, etc., the Electronic Financial Transaction Act and other relevant Acts shall be applied.
Article 3 (Clarification·Delivery·Explanation and Alteration of the Terms)
(1) The Company shall post the Termsbefore a user uses electronic financial transaction service so that the user can be fully aware of essential content.
(2) Upon user’s requests, the Company shall deliver to the user, a copy of the Terms by electronic transmission (including email), facsimile, regular mail or hand delivery.
(3) If the Company receives a request from a user to explain the Terms, the Company shall explain the essential contents thereof to the user by:
(a) Explain directly to the user of essential contents of the Terms
(b) Display the explanation ofessential contents of the Termsthrough electronic apparatus so that the user can easily understand, and receive the indication that the user fully recognized the contents through the electronic apparatus.
(4) If the Company amends the Terms, it shall post such amended terms via electronic apparatus used to perform services or its website and notify users of such amendment via email or text message one month prior to the date such amendment is come into effect: Provided, That if the Company amends its terms urgently due to an amendment of any Act and subordinate statute, it shall post such amended terms via electronic apparatus for at least one month and notify users thereof.
(5) When the Company posts or notifies such amendment pursuant to Paragraph (4), it shall publish or inform that “Any user may terminate a contract for services within 30 days from the date of post or notification if they do not agree with the amendment, and when users fail to raise an objection against the details of the altered terms within the period, they shall be deemed to have approved the altered terms.”
(6) Any user may terminate a contract for electronic financial transactions by no later than the business day preceding the enforcement date of the altered terms after the details of the altered terms are posted or notified. When users fail to raise an objection against the details of the altered terms within the period, they shall be deemed to have approved the altered terms.
Article 4 (Contract of Use)
(1) The contract of service use shall be made by the following process: (1) those who wish to become a user (hereinafter referred to as “applicant”) provide the information required by the Company, (2) express approval to the Terms via electronic method designated by the Company, and (3) the Company confirms the requirements of the following subparagraphs and accepts the use to the applicants.
(a) Applicants shall have electronic apparatus capable of running the Empo App such as a mobile phone or tablet which has been registered with telecommunication service provider in their name.
(b) Applicants shall apply for membership in their name and go through the identity verification process (hereinafter referred to as “ID Verification) implemented by ID Verification service agencies or via Short Message Service (SMS).
(2) In order to use the electronic financial transaction service provided by the Company, users shall meet the following requirements. Users who do not meet the requirements of this paragraph may not use or be restricted from using all or part of services provided by the Company.
(a) Applicants shall have bank accounts which went through account holder’s ID verification and with which they can withdraw money in their name and complete the account verification in a way the Company suggests. Henceforth, the Company may require information other than bank accounts or authentication measures for service provision and ID verification.
Article 5 (Refusal to Application)
(1) The Company may not accept the application for membership falling under any of the following subparagraphs, or may take measures such as restriction of use or termination of contract of use even after acceptance.
(a) When a user does not have required service environment or has the service environment which the Company cannot provides its services technically.
(i) The Company may not provide its services to certain devices: terminals under Android OS environment (5.0), devices which support other OS or do not support regular Android OS in hardware
(ii) The Company does not provide services to OS-Rooted devices for security reasons.
(b) When there is a false, missing or error in the information provided by applicants
(c) When application is not in the name of the applicant
(d) When already registered users apply for membership again
(e) When applicants are under 14 years of age
(f) When anapplication is made in the name of a company
(g) When anapplication is made intending to use service for wrongful purposes or pursuit of profit
(h) When it is impossible to accept due toapplicants’ fault, or when an application is contrary to the law, this agreement and other matters set by the Company
(2) With respect to applications under Paragraph (1), the Company may request real name verification and ID verification by specialized agency according to types of users.
(3) When the Company refuses to conclude a contract of use in accordance with Paragraph 1, or takes measures such as restriction of use or termination of contract after acceptance, the Company shall inform the applicants of the reason through the electronic apparatus.
(4) With regard to termination and restriction of use by the Company, users can make an objection according to the procedure established by the Company. If the Company deems the objection justified, it will immediately resume providing itsservices.
Article 6 (Start of Service, Available Time and Fee)
(1) When the Company accepts applicant’s applications in accordance with Article 4, they become users of Services provided by the Company. From then on, the Company will provide them with services prescribed by the Terms.
(2) The Company may request users to carry out additional procedures, such as agreeing additional terms, collecting and using information in order to provide additional services other than those set out in the Terms , and if such procedures are not completed, all or some of the additional services may not be available forusers. When users use additional services, individual terms that apply in addition to the Termswill take precedence if the terms and conditions added for each service and the Termsdiffer.
(3) Services are available 24 hours a day, 7 days a week unless there is a particular problem with the Company's business or technology, in principle: Provided, These services may be suspended for a period determined by the Company due to the necessity of service operation (server and client maintenance, maintenance, inspection, replacement, breakdown, power outage, and closing of services), and some or all of services may be suspended due to organizations or businesses that provide services in connection with the Company.
(4) The Company provides its users with the following services:
(a) Automatic and manual mobile hotspot detection and connection service
(b) Stay-connected to the mobile hotspot background service
(c) Data-Cash Refund Cash reward service
(d) Service Purchase
(e) Any service provided by the Company through further development or partnership agreement with other companies
(5) The Company can divide services into a certain range and specify the available time for each range separately: Provided, The Company shall announce this dividing and specifying in advance in this case
(6) The Company may charge a fee for auser's use of services, and the fee will be notified through the Company’s website or the Empo App.
Article 7 (Contents and Changes of Service)
(1) Services consist of the following subparagraphs: Provided, The scope and limit of services offered may vary from user to user depending on whether a user meets certain requirements.
(a) Issuance and management of electronic prepayment means under the Electronic Financial Transactions Act
(b) Providing services linked to financial companies
(c) Other relevant or ancillary matters to the services mentioned above
(2) The Company may change all or part of the contents of services from time to time to improve services. In this case, the Company will notify the contents to be changed and the date of application following the procedure specified in Article 21.
(3) The Company may limit or suspend all or part of services if any of the following situation occurs:
(a) In the event of maintenance, replacement, or breakdown of facilities or disruption of communication, etc. of the Company or linked financial companies
(b) When necessary for service upgrades and system maintenance
(c) When there is a problem in using services due to power outage, failure of facilities or soaring usage
(d) When services cannot be maintained due to the Company's circumstances, such as expiration of contracts
(e) In case of force majeure reasons such as natural disasters and national emergency
(4) In the event of discontinuation of services under Paragraph 3, the Company will notify users in advance in the manner specified inArticle 21: Provided, is not the case if services are interrupted due to reasons beyond the Company's control (disruption without intentional and negligence of the Company or Empo service operator, system down, etc.) and advance notice is not possible.
Article 8 (User’s Obligation)
(1) Users shall not engage in the following acts when using services:
(a) Acts that violate the Termsand relevant laws and regulations related to use of services, such as the Electronic Financial Transactions Act;
(b) Any act that deliberately interferes with ormal operation of services, such as writing false facts or stealing other people's information when signing up for or editing personal information to use services.
(c) Other acts that steal, store, disclose or use the information held by the Company for any unfair purpose other than that provided by the Company
(d) Any act that infringes on the Company's and third parties’ intellectual property rights or copies, reproduces, sells, resells, transfers or takes over the contents of all or part of these service components for the commercial purpose of users or third parties without the Company's consent.
(e) Any other acts that might be suspected of being related to another crime or activities prohibited by law.
(f) Any act that registers or distributes computer virus infection materials that cause malfunction or destruction and confusion of information related to services.
(g) Other illegal or unfair acts
(2) Users shall abide by related laws and regulations, the Terms, usage guides, notices on the Company’s website and notification from the Company, and shall not act in any way that interferes with the business of the Company.
(3) Users shall use services themselves and shall not allow others to use services by transferring or renting their electronic apparatus. Users are responsible for any violation of this wrongful use.
Article 9 (Means of Access Selection and Management)
(1) The Company shall select, use and manage means of access necessary for electronic financial transactions and confirm the identity, authority and transaction request, etc. of users
(2) No user shall commit any of the following acts unless otherwise expressly provided for in other Acts with respect to the use and management of a means of access: Provided, That the same shall not apply to cases (excluding the act referred to in subparagraph (c) and other acts of assisting the said act) where it is necessary to transfer an electronic prepayment means, or to offer it as security under related acts.
(a) Transfer or take over a means of access;
(b) Borrow or lend a means of access, or store, deliver or distribute a means of access, accompanied by receipt, demand or promise of any compensation;
(c) Borrow or lend a means of access, or store, deliver or distribute a means of access, for the purpose of using it for any crime or with the knowledge of the fact that it will be used for any crime;
(d) Provide a means of access as the object of pledge;
(e) Arrange or advertize any act referred to in subparagraphs (a) to (d).
Article 10 (Authentication Method and Fraud Detection System)
(1) The Company shall determine verification method for using services such as SSID / password authentication, mobile phone number authentication (hereinafter referred to as “ID verification means such as password”) depending on each service menu.
(2) Users shall register their password in the manner prescribed by the Company when sign up for services. The registered password can be changed at the Company’s website or Empo App.
(3) Users shall thoroughly manage their own ID verification means such as password and shall not disclose them to others. Users can reset their password in the manner prescribed by the Company at the website or Empo App when they forget the password.
(4) The Company operates an additional fraud detection system (FDS) to detect fraudulent use on top of ID verification means such as password. When a transaction suspected of fraudulent transaction is detected, the Company immediately suspends the user's use of services and requires the user to go through additional verification procedure.
Article 11 (User’s Liability for Loss or Theft of Means of Access)
(1) Users shall not allow third parties to use their means of access, such as a mobile device, password etc, or shall not leak or leave the means of access. Users shall take sufficient care to prevent theft, forgery or alteration of means of access by changing their password periodically, etc.
(2) In the event of an accident such as damage, loss, or theft of means of access, users shall immediately notify the Company of the accident in writing or by sending an e-mail to the address described in (5) Article 16.
(3) When the Company receives the notification of the preceding paragraph from users, it has a responsibility to compensate the users for damages caused by thethird parties using the means of access: Provided, That thse users shall be responsible for any damages to the remaining amount before the notice of loss or theft of electronic prepayment means such as data.
Article 12 (Liability for Wrongful Use of Service)
(1) When users suffer any loss due to any of the following incidents, the Company shall be liable for indemnifying them for the loss:
(a) An incident caused by forgery or alteration of means of access;
(b) An incident caused in the course of electronically transmitting or processing conclusion of a contract or a transaction request;
(c) An incident caused by the use of a means of access acquired by fraudulent or other illegal means by invading electronic apparatus for electronic financial transactions or an information and communication network defined in 1 (1) Article 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.
(2) Notwithstanding the preceding paragraph, in the following cases, users may bear all or part of the damages if an accident occurred due to their intention or serious negligence.
(a) When users lend their means of access or delegate the use of them to a third party or provide them for the purpose of transfer or security (except for the cases where it is necessary to transfer an electronic prepayment means or electronic currency, or to offer it as security under Article 18)
(b) When users leak, expose, or neglect theirmeans of access despite knowing or easily knowing that a third party can make an electronic financial transaction using their means of access without authorization
(c) Where an accident occurs when users reject additional security measures required for e-financial transactions for strengthening security in addition to the Company’s checking the identity, authority, and transaction details of the users through the means of access without justifiable reasons
(d) Where an accident occurs when users conducts any of the following acts on the media, means or information used for additional security measures under subparagraph c:
(i) Act of leaking, exposing or neglecting;
(ii) Act of lending or delegating use to a third party or providing for the purpose of transferring or security;
(3) In the event of wrongful use of services, users shall actively cooperate with the Company regarding the investigation of the abuse and damage.
Article 13 (Service Restrictions)
(1) The Company may limit or suspend users’ use of services if any of the following cases occur while they use services.
(a) When users enter their password incorrectly 5 times in a row
(b) When users have not logged in for more than 6 months
(c) When users exceed the upper limit of the face value of electronic prepayment means
(d) When an accident is reported, such as theft of means of access
(e) When users use services or access the Company's system in an abnormal way, not in a way that services are provided by the Company
(f) Whenusers use services provided by the Company by stealing name of others, card information, account information, etc.
(g) When users knowingly interfere with the operation of the Company's service management
(h) When users infringe other users' legitimate interests or violate laws and regulations
(i) When users have violated the Terms
(j) When it is determined thatusers have intentionally generated the Minus(-) Data
(k) When users attempt unusual transactions, such as financing by pretending to trade goods
(l) When users violate the Termsorusage policies set out separately
(m) When the Company recognizes that it is necessary to refuse to provide services by reasonable judgment
(2) When services are restricted in accordance with Paragraph 1 (e) to (m), all data and other benefits acquired through the use of services may be destroyed, and the Company does not compensate for this.
(3) When users commits any acts prohibited in this article, the Company may restrict their use of services and take legal measures such as claims for damages and report tolaw enforcement authorities.
Article 14 (Time When Payment Takes Effect and Withdrawal of Transaction Requests)
(1) Where a payment is made by electronic payment means, such payment shall take effect at the time set forth in the following:
(a) Electronic funds transfer: when the information on the amount of data transferred on a transaction request between EMPER and EMPEE is completely recorded on the ledger of the account of a payee;
(b) Withdrawal of cash directly from electronic apparatus: when a payee receives such cash;
(c) Payments made by an electronic prepayment means: when the information on the amount requested on a transaction request gets to the electronic apparatus designated by a payee;
(d) Payments made by other electronic payment means: when the information on the amount requested on a transaction request is completely input in the electronic apparatus of a financial company or an electronic financial business entity with which a payee's account is opened.
(2) When users make an electronic payment transaction, they may withdraw their transaction request before the payment takes effect pursuant to Paragraph 1 according to the types of electronic payment transaction by sending electronic documents containing the intention to withdraw to the contact point specified in Paragraph 5, Article 16, of the Terms.
Article 15 (Correction of Errors)
(1) When users recognize theexistence of any error in electronic financial transactions, they may request the Company to correct such error. When the Company receives a request to correct an error or recognizes the existence of any error in electronic financial transactions, the Company shall immediately investigate and effect appropriate corrections, and inform the users affected by the error of the causes of the error and the results of correction by a written notice or a notice given by phone or email within two weeks after receipt of such request or recognition of such error.
(2) If users request a written notice rather than electronic document, the Company shall give the users the notice by means such as facsimile, regular mail, email or hand delivery
(3) Paragraph 5,rticle 16 shall apply mutatis mutandis to matters concerning request for a written notice in the preceding paragraph.
Article 16 (Preservation and Confirmation of Service Usage History)
(1) The Company creates and keeps records to track, search for the contents of services used by users, or to check or correct the contents in case of errors.
(2) The subjects of service usage confirmation and the retention period are as follows.
(a) The electronic financial transaction records in each of the following shall be preserved for five years:
(i) Amount of traded and remaining data, information about the other party of the transaction;
(ii) Transaction date and type of electronic apparatus and information to identify electronic apparatus;
(iii) Name or number of transaction accounts when the transaction is made throughbank accounts;
(iv) Fee received by the Company in exchange for a transaction;
(v) Access records of electronic apparatus related to transactions;
(vi) Matters concerning application and change of conditions of services;
(vii) Records of transactions of which data per case is more than 1GB.
(b) Each of the following records shall be preserved for one year:
(i) Records of transaction approvals related to the use of electronic payment means
(ii) Records of transactions of which the data per case is less than 1GB
(iii) User's request for error correction and result of processing
(3) The Company shall not provide information on users’ personal information, account, means of access, and service usage information acquired while providing services to users tothird parties without statutory basis or the user’s consent or shall not use the information for any other purpose except for providing services.
(4) The Company may provide a service that checks users’ service usage history through the inquiry screen ('Report' or 'My Page') of services. Ifusers request, the Company can send the usage details by email: Provided, That the Company shall give the users the notice by the means such as facsimile, regular mail, email or hand delivery within two weeks after receipt of such request when they request a written notice rather than electronic document.
(5) Requests for a written notice of service usage history can be submitted at the email address below. The users shall clearly provide the information necessary to receive the written form in the application. The Company will send the history by postal mail.
(a) email address: firstname.lastname@example.org
Article 17 (Protection and Use of Personal Information)
(1) The Company complies with the Personal Information Protection Act, the Act on the Promotion of Information and Communication Network Utilization and Information Protection, Etc. and the subordinate laws and regulations in relation to the protection and processing of personal information, and strives to protect personal information.
Article 18 (Protection and Use of Location Information)
(1) The Company does not collect location information from users while providing services. However, GPS function shall be enabled in order to activate Wi-Fi function in the Google Android operating system (OS).
(2) In the case of collecting location information for improved service in the future, users will be notified by email or text message 1 month ago, and the terms of collection of additional location information will be guided.
Article 19 (Termination of Contract etc.)
(1) Users can terminate the contract at any time by notifying the Company of the intention to terminate the contract. However, the users shall complete the ongoing data transaction by using services before notifying the termination intention, so that the financial relationship to be processed through services will not be left anymore. The users shall be responsible for any disadvantages resulting from the declaration of termination without the referred completion. If the Company deems it necessary, it may postpone the effective date of termination until all such financial relationships are resolved.
(2) If the Company determines that there is a risk that users may repeatedly exploit the benefits or economic interests that the Company provides in an unusual manner by repeatedly canceling or rejoining services, the Company may restrict rejoining. For this purpose, the Company may keep necessary information such as the users’ name, date and reason of membership withdrawal for the period set by the relevant laws and regulations.
(3) If the contract is terminated according to the Terms, the Company may invalidate or take back the benefitsprovided to the users.
Article 20 (Compensation)
(1) When the Company or a user incurs damages to the other party by violating the Termsor by other illegal act, the party who is attributable to such damages shall compensate for the damages of the other party.
(2) When the Company receives any objections, including claims for damages, from a third party other than users due to illegal activities or violations of the Terms, the users shall compensate for the damage the Company suffered.
(3) The Company is not obligated to intervene in disputes between users, between user and affiliates, or between users and third parties, and shall not be liable for any damages caused by the disputes unless the Company is at fault.
(4) The Company shall not be liable for any inability to provide services due to natural disasters, wars, riots, disturbances, abnormal telecommunication lines, and other reasons beyond control of the Company by force majeure unless there is the Company’s intention and negligence.
(5) The Company shall not be liable for any obstacles to the use of services due tousers’ intention or negligence.
(6) The Company shall not be liable for the use of services provided free of charge unless there are special provisions in the relevant laws and regulations.
Article 21 (Announcements and Notices toUsers)
(1) The Company shall announce notices regarding the operation of services provided under the Termsby posting them on the Company's website (https://empoapp.com) or the Empo App Service screen, by sending an email provided byusers, or by sending a text message to a mobile phone number provided byusers.
(2) Notices pursuant to the preceding paragraph shall be effective as written notices unless the relevant laws and regulations or the Termsspecifically require written forms other than electronic document.
Article 22 (Provision of Advertising or Personalized Information)
(1) The Company may operate a service that provides advertising information in connection with the operation of services.
(2) The Company may offer advertising information and personalized information in the form of a text message or a push message, provided that it is permitted by laws and regulations, such as with prior consent to receive advertising information.
Article 23 (No guarantee of Representation and Authenticity)
(1) In dealings with users and third parties, the Company does not represent any users or third parties. Unless otherwise stated by the Company in the individual terms of related services, no action of the Company shall be considered as acting on behalf of third parties or users.
(2) If the Company makes a third party’s service available with the Empo App, the third party is the service provider and the Company provides a means to ensure that the information provided by the third party is delivered to users. Services provided by the third party can be used only by the users who have agreed to the relevant terms through the Empo App.
(3) With respect to the information exchanged between users and the third parties through services, the Company does not guarantee any of these: the authenticity of a user or a third party’s willingness to trade, the non-infringement of the rights of others, the truthfulness or legality of the information provided by a third party and a user.
Article 24 (Intellectual Property)
(1) All intellectual property rights relating to services belong to the Company.
(2) Users may not use the information obtained in the course of using services for commercial purposes, such as processing, providing, or selling it, or may not have it used by third parties.
Article 25 (Interpretation of the Terms)
(1) If the Company and users agree on a matter in a manner that is different from the manner stipulated in the Terms, the agreement shall prevail over the Terms.
(2) Additional terms to services should be interpreted in the same way as the Terms, and if there are different contents, the contents of the Terms shall prevail in principle. However, if there is any difference due to the characteristics of the individual services, the articles of the respective terms of service shall prevail only within the scope.
(3) If there is any part of the contents of the Termsthat is contrary to the compulsory provision of related laws and regulations, the relevant provision of the Terms is invalid in that part.
(4) Regarding the matters that are not expressly defined in the Termsand not agreed to in advance by the parties, the relevant laws and regulations and commercial customs will be followed.
Article 26 (Dispute Handling Officer and Objections)
(1) Users may appeal to the Company in writing if there is an objection to the Company concerning the use of services. The dispute handling officer is as follows.
(a) Name of the dispute handling officer: Lee Jaehyung
(b) Email: email@example.com
(2) Users may apply for dispute settlement at the head office or a branch of the Company in writing (including electronic documents) or electronic apparatus in accordance with Paragraph 1, and the Company shall inform the users of the result of the investigation or processing within 15 days.
(3) If users has any objection to the Company's dispute settlement results, they may apply for dispute resolution in connection with the use of the Company's electronic financial transaction services to the Financial Disputes Mediation Committee of the Financial Supervisory Service established under the Act on the Establishment, etc. of Financial Services Commission or Consumers Dispute Settlement Commission of the Korea Consumer Agency established under the Framework Act on Consumers.
(4) If the Financial Supervisory Service finds that the Company is responsible for the dispute during the settlement process, the Company shall pay the full amount of the usage fee. However, this is not the case when a user or the Company files a civil lawsuit to the competent court in disagreement with the dispute resolution result of the Financial Supervisory Service.
Article 27 (Settlement of Disputes, Governing Law and Jurisdiction)
(1) When there is a dispute between the Company and users regarding the use of services, the Company and the users will sincerely discuss to resolve it.
(2) If the dispute between the Company and users is not resolved despite the foregoing paragraph, the resolution of the dispute shall be decided by the court having jurisdiction under the Civil Procedure Law and governed by Korean law.
Chapter 2 Data Service
Article 28 (Data Charging)
(1) In order for users to use data payment and data refund services, data shall be charged before the use or at the same time. Data Charging is implemented using the users’ registered credit card or other in-app payment method.
(2) The value represented by the data is USD 0.01 per 1MB a subject for fluctuation due to the difference in exchange rates and/or the Company’s policy on service pricing.
(3) The means that users can use to charge data are limited to the institutions with which the Company has previously signed a payment or withdrawal (firm banking) contract. The list of available institutions will be announced on the Company's website or the Empo App. If there is a change in the list, the Company will immediately notify users through the website or Empo App announcements.
(4) The Company may provide a charging method other than the above-mentioned, and when providing another charging method, users will be informed about it by the method set forth in Article 21 of the Terms.
Article 29 (Data Usage)
(1) Users may transfer all or part of the remaining data to third parties (other users) within the usage limits under Article 30.
(2) When transferring the data, users shall enter the information of the other parties (other users) required by the Company correctly, and the Company is not responsible for any problems caused by incorrectly entering the information.
(3) When transferring data, users can allow the other party (who receives the data) to check the transferor's name.
(4) Users can use the data as a payment method for the purchase of the product or service if the partners presented by the Company allow it by contract. The Company informs users in the manner set forth in Article 21 of the Termsconcerning the information of partners where users can make payments using the data.
Article 30 (Usage limit of data)
(1) The Company may restrict or deny a new request for recharge of users if there is a concern that it may exceed the upper limit of the face value of electronic prepayment means under the Electronic Financial Transactions Act.
(2) The upper limit of the face value, charge, data transfer, and other usage for each user shall be determined by the Company within the limits permitted by relevant laws and regulations, and the matters concerning the limits set by the Company will be notified to users through the notification method set forth in Article 21 of the Terms.
(3) In setting the limits ofParagraph 2, the Company may apply the limits differently toa user who meets the criteria proposed by the Company, such as additional certification requirements, and a user who does not.
Article 31 (Data refunds, etc.)
(1) When EMPER/EMPEE users ask the Company to refund their data, the Company transfers cash to the bank account entered by the users or allows the users to withdraw cash using the "electronic apparatus" as far as they request, within the extent that the users hold. Data received free of charge from the Company through purchases or events, etc, is not eligible for refund. In the case of refund, the Company may deduct the refund fee according to the criteria determined by the Company and notified to users in accordance withArticle 21.
(2) In any of the following cases, the Company will pay the entire amount of data recorded in the Empo App when a user requests a refund.
(a) When the data is not available as a partner company is unable to provide goods, etc. due to natural disaster, etc.
(b) When partners fail to provide goods due to a defect in the data
(c) When the amount of data recorded in the Empo App is less than 20/100
(3) In the following cases, refunds may be withheld despite the user’s requests. However, the Company will refund it when the reason is resolved.
(a) When the amount of the user's remaining data is less than that of the user's request for refund
(b) When the amount of the remaining data of the user is less than that of the refund fee
(4) If a report of accidents such as impersonation is received and it cannot be determined to whom the Company shall refund, the Company may proceed by depositing the money in accordance with the procedures prescribed by laws.
(5) If any taxes and public utilities’ charge incurred in connection with the refund occur, the user shall be responsible for them.
Article 32 (Reward and Extinction Conditions of Data)
(1) A user may redeem the user’s data accumulated by providing mobile hotspots to other users in cash. Reward terms and procedures are as follows:
(a) If a user has more than a certain volume of data the Company notifies, the user may request a reward.
(b) The user shall submit the bank account information to receive reward when applying for reward within the Empo App. The Company uses the bank account information of the user entered only in the relevant remittance procedures. When the reward process is completed, the account number of the transaction is entered and stored in the user transaction history for 5 years according to the related laws and regulations (records of electronic payment and supply of goods, etc. under Act on the Consumer Protection in Electronic Commerce, etc. and records of electronic financial transaction under Electronic Financial Transaction Act).
(2) If a user applies for reward of apporved volume of data, the actual data reward could take up to 7 days from the date of request. However, if a holiday in Korea or a local country exists within 7 days from the day a user requests a reward, it may take 7 days or more before the actual reward.
(3) The Company shall deduct the fee from the data to be rewarded to the user's request for reward of the data at the rate determined and notified to the user by the Company. The Company may provide commission incentives at random, depending on the number of monthly data sharing, amount of data or requests for reward.
(4) When a user applies for termination of the service agreement, the remaining cumulative data will immediately disappear.
Article 33 (Subscription Withdrawal Terms and Procedures)
(1) A user's withdrawal is subject to the Google Play In-App-Purchase Service Policy used for payment.
(a) Google Play refund notice:
(b) A user can proceed withdrawal through "Contact Developer" as specified in the Google In-App-Purchase Service or other payment gateway services, such as Adyen. If the requirements under the following Paragraph 2 are met, a user can request for subscription withdrawal to the Company.
(2) Within 7 days from when the data is charged, a user can request for withdrawal of the user’s unused data after the charging is completed by following the refund procedure provided on the Company's webpage or Empo App.
(3) Notwithstanding Paragraph 2 of this Article, if a user falls under any of the following subparagraphs, the user may not withdraw the subscription under Paragraph 2 against the will of the Company.
(a) When a user uses some data
(b) Other cases prescribed by laws and regulations for the safety of transactions
(4) Notwithstanding Paragraphs 2 and 3, if a user falls under any of the following subparagraphs, the user can ask the subscription withdrawal to the Company within 3 months from the date of receipt of the data, or within 30 days from the date of noticing or knowing the fact:
(a) When data is different from the content of the display / advertisement or used in a different way
(b) When the Company admits that services are not operating normally due to its responsibility
(c) If there is no service available to users and the Company is solely responsible for it
(d) Other cases prescribed by laws and regulations for the safety of transactions.
(5) When a user requests to withdraw subscription, the Company deletes the data without delay and refunds the payment within 3 business days from the date of deletion.
Article 34 (Refund of Data)
(1) Auser may request a refund of the remaining amount of data if the data cannot be withdrawn or if the remaining data has not disappeared. However, if a user falls under any of the following conditions, the user will not receive a refund.
(a) When a user has already used the data
(b) When the data has been accumulated by providing a mobile hotspot and is eligible for reimbursement
(c) When the data has been provided free of charge by the Company through events
(d) When the data has been charged with a point of an external partner
(e) When a user has entered into a contract or paid for payment in an illegal manner, such as stealing the name or payment information of another person
(f) Other cases prescribed by laws and regulations for the safety of transactions
(2) When refunding, the Company deduct 10% as a refund fee and refund the rest. If the remaining amount of data is less than 1GB, the Company deducts KRW 1,000 as a refund fee. Data less than 100MB is non-refundable. However, if there is any reason attributable to the Company, the full amount will be refunded.
(3) The Company may refuse to refund when a user's contract of use is terminated or restricted due to the user’s violation of the laws and regulations and the Terms.
Article 35 (Validity)
Data that has not been used or refunded in accordance with the Termsfor 5 years from the date of charging or accumulating will be destroyed.
Chapter 3 EMPER Service
Article 36 (Use of EMPER Service)
(1) The EMPER user can use the EMPER services in the Empo App to offer mobile hotspots to the EMPEE user.
(2) The Company plays a role of providing a mobile hotspot platform service through the Empo App, in signing a usage agreement, when a user applies for the use of the EMPER services and the Company accepts it, the user is placed as the EMPER user who can use the EMPER services.
(3) Data usage measurements metered by a user's mobile device, Empo App, or the Company's server, etc, may cause up to ± 10% data unit error due to physical technology limitations. The Company does not preserve losses or subtract profits for the reason of the data measurement errors within ± 10%.
Chapter 4 EMPEE Service
Article 37 (Use of EMPEE Service)
(1) The EMPEE user can use the EMPEE services to receive mobile hotspots from the EMPER user in the Empo App.
(2) The Company plays a role of providing mobile hotspot platform service through the Empo App, after signing a usage agreement, when a user applies for the data purchase in the Empo App and pays the purchase amount, thereby allowing the user to become the EMPEE user who can use the EMPEE services.
(3) Data usage measurements metered by a user's mobile device, Empo App, or the Company's server, etc, may cause up to ± 10% data unit error due to physical technology limitations. The Company does not preserve losses or subtract profits for the reason of the data measurement errors within ± 10%.
Chapter 5 Actions on Actions on Damage Report Account such as Financial Frauds
Article 38 (Definitions)
(1) The term "telecommunications-based financial fraud" means any of the following acts intended to take economic gains or make a third person take economic gains by deceiving or extorting other persons, using telecommunications under subparagraph 1 of Article 2 of the Framework Act on Telecommunications: Provided, That feigning the provision, arrangement, and brokerage of loans shall be included whereas feigning the supply of goods or services, etc. shall be excluded:
(a) Inducing a person to remit or transfer money;
(b) Remitting or transferring money after extracting personal information;
(2) The term "victim" means a person that has suffered economic loss due to telecommunications-based financial fraud;
(3) The term "account exploited for fraud" means the account from which money of a victim has been remitted or transferred or the account exploited for transfer of money from the relevant account;
(4) The term "amount of loss" means money remitted or transferred from the account of a victim to the account exploited for fraud due to telecommunications-based financial fraud;
Article 39 (Damage Report)
(1) Auser who remits the amount of loss due to telecommunications fraud through data transfer and transaction service shall apply for damage relief according to Form No. 1 of the Enforcement Decree of the Special Act on Prevention of Telecommunications Fraud and Refund of Damages (hereinafter referred to as “Special Act”). The user can submit the application to the financial institution that manages account exploited for fraud. In this case, a remedy will be handled in accordance with the Special Act and procedures established by the relevant financial institution.
(2) Notwithstanding Paragraph 1, where no financial institution manages account exploited for fraud in a particular telecommunications financial fraud case (when a victim’s or an offender’s account is not used directly such as when the victim's remaining data is transferred to the offender's data remaining), the victim may submit a claim for damages relief to the Company. In this case, the victim shall provide relevant information such as the certificate of damage report by investigation authorities.
Article 40 (The Company’s Action for Damage Report)
(1) If the Company receives the application for damages relief pursuant to Paragraph 2 of the preceding article and the confirmation of damage report ofinvestigation authorities, the Company may limit the withdrawal of the remaining data of the user who is identified as a perpetrator(hereinafter referred to as “perpetrator”) for a certain period of time. The entire amount of the perpetrator’s data can be forcibly repaid by refunding all of the the remaining data to the financial account of the perpetrator (hereinafter referred to as “perpetrator's financial account”) registered in the Empo App.
(2) In taking action under Paragraph 1, the Company may report the account as account exploited for fraud to a financial institution that manages the perpetrator's financial account, and a victim shall take the necessary coordination and action for this process.
(3) The Company may request a victim to cooperate with the collection of information necessary to take the measures described in Paragraph 1 and 2 and consent to the provision of third parties, and if the victim does not cooperate, the Company will not take measures according to this article. If the victim fails to cooperate and cannot take action under this article, the Company will not be held liable to the victim for any damages incurred due to the failure to take action under this article.
(4) After taking the measures in Paragraph 1 and 2, the Company notifies victims and perpetrators of the measures.
Article 41 (Damage Relief Procedure, etc.)
(1) The relief of victims' damage after the perpetrator's financial account is designated as an account exploited for fraud pursuant to Paragraph 2 of the preceding article is subject to Special Acts and procedures established by the financial institution managing account exploited for fraud.
(2) After 14 days have elapsed after the forced repayment to the perpetrator's financial account under Paragraph 1 of the preceding article has been made, unless otherwise requested byinvestigation authorities or financial institution, the Company will remove any withdrawal restrictions that have been taken on the perpetrator's Empo accounts.
Article 42 (Indemnification)
(1) A user understands as follows: the remedies under this chapter are not required by law; the Company alone cannot perform the remedy under special laws; cooperation with financial institutions, investigation authority, etc. is essential to achieve the effects of the remedy under the special law.
(2) If the Company fails to take the measures mentioned in this chapter or fails to obtain the substantial rights protecting effect due to failure to obtain the necessary cooperation from a financial institution or investigation authority, the Company shall not be held liable for the damages incurred.
The Terms is effective from July 1, 2019.