- Article 1 (Purpose)
The Terms of Use set out below ("Terms") are between Cafe24 Corp. ("Cafe24," "we" or "us") and users of Cafe24 Developers ("users", "you" or "Partner"), and define their rights and obligations, as well as other necessary matters regarding the use of the relevant service. These Terms are aimed at protecting the mutual rights and interests of all parties and contributing to mutual prosperity.
- Article 2 (Definitions)
- ① The following terms shall be defined as follows with these Terms of Use:
- 1. "Cafe24 Developers" ("Service") shall mean the service provided by Cafe24, where users can create, register, and manage Apps, Themes, Experts, Recipe, and D.Collection goods and services.
- 2. "Cafe24 Store" shall mean the intermediary platform where transactions for Apps, Themes, Experts, and Recipe can occur.
- 3. "Apps" shall mean Apps that a Partner develops.
- 4. "Themes" shall mean theme products (Smart, Global, WordPress, Website, Elements, etc.), themes for mobile online stores, theme source codes, or theme support work that a Partner creates and sells.
- 5. "Experts" shall mean the service where Clients are matched with services provided by Partners.
- 6. "Recipe" shall mean a product that connects to one or more channels and executes according to certain conditions.
- 7. "D.Collection" shall mean the service where a Merchant's product data is utilized to provide features such product data management or setup and operation of channels for the purpose of promotion.
- 8. "Account" shall mean the account that is created when you sign up as a Cafe24 Partner according to the procedures we have established.
- 9. "Client" shall mean a person who buys the goods or services of a Partner through Cafe24 Store.
- 10. "Price" shall mean the amount registered by the Partner as the price of the goods or services.
- 11. "Home page" shall mean the website (including websites for each service) operated by us where Terms and Conditions for each service related to these Terms are posted, and Partners and Clients can apply to and manage their services.
- ② Any terms that are not mentioned in the previous paragraph shall be construed in accordance with Cafe24's service guide or commercial practices.
- Article 3 (Publishing and Amending of Terms)
- ① These Terms will be published on the service's page or announced through other methods.
- ② If necessary, these Terms may be amended to the extent that it does not violate relevant laws.
- ③ If these Terms change, we will notify you of the changes seven (7) days prior to the effective date by posting a notice that includes the reason for revision and the effective date on our Home page or pages linked to the latter. However, if the amended Terms are unfavorable to the consumer, we will provide a grace period of thirty (30) days with the notification.
- ④ By not disagreeing to the changes, despite the fact that we clearly mention in the previously mentioned paragraph that no expression of disagreement before the effective date will be understood as an agreement to the changes, you are expressing your consent with the new Terms. If you do not agree to the modified Terms, you may cancel your Service Use Agreement.
- ⑤We reserve the right to define different Terms and Conditions and operating policies for each service, and Partners must comply with them.
- Article 4 (Establishing the Service Use Agreement)
- ① After you accept these Terms and sign up for the use of this service, we will screen your application and conclude a Service Use Agreement.
- ② We consider the information of the Account (ID), created through sign-up, to be the user's information, and determine the holder of the Account (ID) to be the contracting party to this contract.
- ③ We may not conclude a Service Use Agreement in the following cases:
- 1. If you apply for a service using fraudulent or other people's information;
- 2. If you forget to submit or do not submit necessary information or documents, or if they contain false information;
- 3. If you have a history of having violated a contract related to any of our services or if you have any remaining unpaid bills;
- 4. If you are a child aged 14 or under who has signed up without the approval of a legal representative;
- 5. If you apply on the basis of obscene information or information that violates social norms;
- 6. If we are unable to approve your application due to reasons attributable to you, or for other reasons that do not comply with our operating policies; or
- 7. If you do not comply with our regulations or we suspect that concluding a Service Use Agreement will have a negative impact on Cafe24's business.
- ④ We may postpone the conclusion of the Service Use Agreement in the following cases:
- 1. In case of national state of emergency, such as natural disasters and war;
- 2. If we are in a difficult situation for a reason that hinders the performance of our tasks;
- 3. If it becomes difficult to maintain quality, or if we lack in necessary material or human resources;
- 4. If there is a technical failure; or,
- 5. If it becomes difficult for us to offer stable services because of other reasons.
- ⑤ If a situation described in paragraph 3 or 4 herein occurs after we have entered a Service Use Agreement, we may withdraw our consent to the aforementioned Agreement through prior notice in accordance with Article 6 herein.
- Article 5 (Protection of Personal Information)
We take on necessary administrative and technical measures to secure the safety of personal information in accordance with laws related to personal information, and to protect your personal information in accordance with our Privacy Policy.
- Article 6 (Notifying Partners)
Unless otherwise specified outside of these Terms, when sending out notices, we will notify you by email, SMS, or phone, using the contact information you have provided to us. However, in the case of a notice to all or many users, we may post the information on our website's "Notices" section for at least seven (7) days instead of sending direct notices.
- Article 7 (Initiation of Service)
- ① We will begin the services after completing the preset procedures as long as there are no special circumstances. However, if we cannot directly begin the services, we will notify you of the reason and the date of launch according to Article 6 herein.
- ② We will provide our services 24/7 unless we encounter business or technical issues. However, in case of periodic inspections, system upgrades, or when deemed necessary, we may temporarily interrupt Cafe24 Developers's services and give you prior notice in accordance with Article 6 herein.
- Article 8 (Composition of Service)
- ① Under these Terms, we provide the following products and services at Cafe24 Developers, and the Terms and Conditions for each service are attached hereto as exhibits.
- 1. Apps
- 2. Themes
- 3. Experts
- 4. Recipe
- 5. D.Collection
- 6. Orders/Sales management and operations management for the above services
- 7. Other services provided by us
- ② We shall notify you in advance in the event that all services under this section are suspended in accordance with Article 6. However, we reserve the right to make changes to the services without prior notice.
- Article 9 (Use of Service)
- ① This Service is provided in accordance to the information pages and guides for each service provided by us.
- ② This Service can be used with an account issued by us.
- ③ This Service allows Partners to register, manage, and sell their products or services under certain conditions.
- ④ This Service may require all sales proceeds transactions made through the Service to be made through us or a payment agency designated by us, and the use of this Service may be restricted if this is not fulfilled.
- ⑤ This Service may request information and documents related to the products and services during the process of applying for and using the Service. You shall provide the requested information and documents promptly in accordance with the instructions and guides provided.
- ⑥ This Service may be subject to regular inspections from time to time after prior notice to maintain stable services. The Service may be suspended in part or in whole due to inspections.
- ⑦ Products may be categorized and displayed in categories set by us, according to the products and services registered by you.
- ⑧ The review period for this Service may vary depending on the content of each product or service.
- ⑨ This Service shall notify you if a cancellation request is received from a Client. You shall confirm respond within seven (7) days from the date of request to confirm whether cancellation is possible.
- ⑩ This Service may propose a refund policy for products and services and present it to you as the basis for certain transactions.
- ⑪ This Service shall not refund any transaction fees regardless of whether the transaction is completed (including cancellation or suspension) between the Partner and Client.
- Article 10 (Service Fees)
- ① Service fees for using the services can be found in the document attached below. However, different service fees may be set for each service at the review process. Individually set fees are determined through a separate agreement between you and Cafe24.
- ② Service fees in accordance to this article shall be deducted from the sales proceeds. We shall provide the related documentations (tax invoice, invoice, other supporting documents) to you according to the set schedule.
- Article 11 (Payment of Sales Proceeds)
- ① Payment for goods and services generated through Cafe24 Developers may be paid to you by Cafe24 or a third-party payment agency designated by us in accordance with our payment standards.
- ② Service fees, payment processing fees, and taxes will be automatically deducted from your sales proceeds, and then the remaining amount will be paid to you. We shall provide the related documentations (settlement statement and other supporting documents) to you according to the set schedule.
- Article 12 (Our Rights and Obligations)
- ① We provide Cafe24 Developers in good faith so that users can use it reliably.
- ② We shall do our best to maintain facilities and equipment for the provision of Cafe24 Developers regularly/from time to time, and repair or restore any failure in a timely manner.
- ③ As an e-commerce business, we may establish various policies to safeguard fair trade in our services and request Partners to comply with them.
- ④ We may collect information relative to service usage such as usage history, sales, and the number of users to use it as statistical data. We can use this data to support the Partners' service usage or to help us provide more efficient services.
- ⑤ If we receive a cancellation request from a Client, we may request that you confirm whether cancellation is possible. If you do not respond within seven (7) days from the date of the request or you refuse to cancel without valid reason, we may carry out the refund in accordance with our refund standards. We are not liable for any damages suffered when the refund is processed.
- ⑥ If you fail to answer any contact from us (more than two (2) attempts; once every two (2) days), we may directly refund the sales proceeds to the Client and deduct it from your sales proceeds, or charge you separately.
- ⑦ We may delete information on your goods or services or terminate the contract with you if your goods or services are judge to be illegal, or a government agency, such as the Korea Communications Standards Commission, Fair Trade Commission, or Personal Information Protection Commission, grants a restriction notice or order against your goods or services.
- ⑧ We may submit your data if it is required under the law or regulation such as the Telecommunications Business Act, or if a government agency requests such information. We may also submit your data to a government agency for investigation if we suspect any illegal activities through our monitoring, report by a third party, or lawsuit, and we may restrict your use of our services.
- ⑨ We may request Partners to comply with various policies and standards, and Partners must comply with them.
- Article 13 (Your Rights and Obligations)
- ① You have the rights to use Cafe24 Developers under the set conditions we provide.
- ② You are responsible for preventing the ID and password provided to you from being leaked. You must also not transfer or lease your ID or password to another party without our consent.
- ③ You shall keep the email address and contact information provided to us up to date. We are not liable for any damages suffered as a result of our notices not reaching you due to such negligence.
- ④ You shall operate and manage your sales using our service under your own judgment and you must fulfill your obligations as a trading partner with your Clients.
- ⑤ If you have to refund a payment due to termination or modification of an agreement, you shall directly contact and arrange an agreement with the Client as a principle.
- ⑥ If you receive a cancellation request from a Client, you shall respond within seven (7) days from the date of the request to confirm whether cancellation is possible. If you do not respond, we may carry out the refund in accordance with our refund standards and you shall not dispute it.
- ⑦ You shall respond to inquiries from Clients with kindness and in good faith, and shall not make unreasonable requests or force Clients to act.
- ⑧ You shall operate and manage your goods and services under your own responsibility, and make effort to safeguard your goods and services from any illegal acts.
- ⑨ If you are enable to make a transaction due to technical/administrative problems, you must notify the us and the Client. You shall take action promptly according to our requests and instructions.
- ⑩ You shall clearly provide Clients with accurate information such as product descriptions and scope of use for your products and services.
- ⑪ In the event that goods or services are not provided to the Client due to technical difficulties, you shall take appropriate measures, such as re-sending of goods, immediately.
- ⑫ You shall sell goods and services that can be used normally in a standard environment.
- ⑬ You shall comply with laws and regulations when collecting a Client's personal information, and take administrative and technical measures to ensure the protection of the Client's personal information. When the purpose of use is achieve, the personal information must be destroyed immediately. You shall submit any security-related information/documentation if we request it.
- ⑭ You shall abide by the terms and conditions and pricing of goods and services registered by you.
- ⑮ If your goods or services are subject to age restriction control, you shall indicate the age, and if the goods or services contain adult material. You must comply with measures such as access restriction landing pages and age verification in accordance with relevant laws and regulations.
- ⑯ You shall register goods or services that are originally created by you and must not infringe on existing copyrights (including, but not limited to, goods or services that contain valid licenses). If there is a potential copyright problem, even if you the works are your own, or you want to register photos and images of celebrities or people, you must notify us in advance and obtain permission.
- ⑰ You must store data and images of your goods in more than one (1) location to prevent loss of data. We are not responsible or liable for loss of data of your goods or services whatsoever.
- Article 14 (Management of Security System and Related Obligations)
- ① We may patch relevant Partner information and parts in case of serious security issues caused by program defect/failures or related incidents that need urgent attention.
- ② You must not carry out any of the following acts that could threaten our security or that of other users:
- 1. Propagate malicious programs such as computer viruses;
- 2. Scan Cafe24 Developers and other systems for vulnerabilities and other illegal intrusions;
- 3. Disturb our regular services by causing a large amount of traffic; or,
- 4. Other infringing acts that interfere with our business.
- ③ You must immediately notify us if you detect any anomaly within the information system or an infringement accident occurs as you use it.
- ④ You must keep your contact information up to date so that we can contact you at all times in case of an emergency.
- ⑤ We reserve the right to perform or implement necessary security measures without notice, or may notify you after security measures are implemented.
- Article 15 (Providing Information and Publishing Advertisements)
- ① We will publish guides and policies for our services on our Home Page.
- ② With your consent, we may provide you with various information through email or SMS. However, consent is not required for matters regarding transactions and Client inquiries.
- ③ We may publish advertisements in relation to the operation of services on our website and our different service pages.
- ④ You must not arbitrarily change posts or other information related to services provided by us, and you must not install any program that blocks the display of this information.
- ⑤ We are not responsible or liable for the content of any advertisement on our Home Page. We do not warrant, expressed or implied, quality or content of the subject matter of any advertisement on our Home Page.
- Article 16 (Intellectual Property Rights and Infringements)
- ① Copyrights and other intellectual property rights in relation to our Cafe24 Developers belong to Cafe24.
- ② We may use your posts or images for publicity or promotional activities for Cafe24 Developers or other services.
- ③ You are not permitted to copy, transmit, publish, distribute, broadcast, or sell anything we provide (information, technology, documents, system, services, etc.) without our prior consent, or use it for a commercial purpose we have not approved.
- Article 17 (Suspension of Service)
- ① We reserve the right to suspend provision of our services without prior notice in the following situations:
- 1. If urgent inspection is required for maintenance;
- 2. If there is a problem affecting normal use of the website, such as a power outage, equipment failure, or a network congestion;
- 3. If there is a failure due to unforeseen circumstances, such as hardware failure or the system is down;
- 4. If the service is interrupted due to an external telecommunication company, electric power company, or a common telecommunications business operator;
- 5. If there is a distributed denial-of-service (DDoS) attack or other external intrusions;
- 6. If there are malicious programs such as computer viruses being propagated or being used to attack or hack the server;
- 7. If there is a national state of emergency, such as natural disasters and war; or
- 8. If it becomes impossible for us to provide our services for operational reasons.
- ② Cafe24 shall not be liable for any damages suffered due to service suspension under this Article whatsoever.
- Article 18 (Restriction of Use)
- ① We reserve the right to delete or restrict the use of your goods or services after giving you prior notice in the following situations:
- 1. If the information you provided is not accurate;
- 2. If the goods or services differ from the goods or services submitted for review;
- 3. If a Client or third-party reports any illegal content in your goods or services;
- 4. If five (5) or more sales complaints or refund requests are submitted within a 24 hour period;
- 5. If we cannot contact you with the contact information you provided (more than two (2) attempts; once every two (2) days);
- 6. If we have contact you regarding copyright infringement but you fail to respond within three (3) business days;
- 7. If you use Cafe24 Developers to hack, attack services, or distribute malicious programs;
- 8. If you fail to sell (or register) or launch a product or service within the time frame set by us;
- 9. If you delegate your obligations and rights to a third party without prior consent;
- 10. If you defame or insult others;
- 11. If you post illegal or dishonest advertisements, or send commercial information to recipients who have not agreed to receiving it; or
- 12. If you violate a clause from these Terms of Use.
- ② While you may request that restrictions be lifted, we will lift the restrictions if we judge that your request is legitimate. However, deleted goods or services cannot be restored after deletion.
- ③ We are not responsible for any damage caused to you in relation to usage restrictions defined in this Article.
- Article 19 (Termination of Agreement)
- ① You may express your intent to terminate your Service Use Agreement by making a request to us at any time. Unless special circumstances occur, we will terminate the Agreement as soon as possible after you submit your request. However, if there are fees that remain unpaid, we may suspend termination of the Agreement until the fees are paid.
- ② We reserve the right to terminate the Agreement upon 30 days' prior notice in accordance with the Company's policies.
- ③ We reserve the right to terminate the Agreement with a notice in the following situations:
- 1. If we receive an order from a government agency to terminate the agreement;
- 2. If you commit an act that violates public policy;
- 3. If you have seen your usage restricted twice in one (1) year;
- 4. If you do not take action within seven (7) days when we request a rectification;
- 5. If we find that you no longer wish to sell goods or services, or you fail to respond to a Client within reason time without a cause;
- 6. If you add an link to an external site or integrate another website without our consent;
- 7. If you collect or use a client's personal information for unauthorized purposes;
- 8. If you do not pay the fees specified in Article 10;
- 9. If you engage in any business activity without prior permission from us, such as introducing, selling, or soliciting services of a competitor that provides services similar to those sold by us.
- 10. If you sell goods or services that contain harmful matter, such as obscene material or false information;
- 11. If you use Cafe24 Developers for illegal purposes;
- 12. If you fail to ensure the protection of personal information;
- 13. If you interfere with the work of other Partners or companies; or
- 14. If the description of the registered goods or services are false.
- ④ Even if this agreement is terminated, you shall assume full responsibility for any and all goods or services sold under these Terms.
- Article 20 (Compensation for Damages)
- We are each liable for damages caused to one another by violating these Terms for reasons attributable to ourselves. However, damages caused by the suspension of services or failures shall be compensated by taking into account the characteristics of the Internet environment as follows:
- - If a service is suspended or a failure occurs for more than four (4) hours, the amount of relevant damages shall be calculated by taking the average fee paid on a daily basis over the three (3) months (or the relevant period if you had not yet used the service for three (3) months) preceding the suspension of the service or the failure, dividing it by 24 hours, then multiplying the result by the number of hours during which the service was suspended or the failure occurred, then multiplying the resulting amount by 3. The hours of service interruption or failure shall be calculated from the point you notice us of the issue.
- Article 21 (Limitation of Liability)
- ① We are not the representative of either the Partner or Client in a transaction between the Partner and Client, and shall not be responsible for the transaction of a Partner's goods or services, including but not limited to, the information of goods or services registered by the Partner.
- ② The scope of this service is to provide an online market place for both Partners and Clients to conduct trade, and any and all responsibilities and liabilities in relation to transaction, trade, sales, client's fulfillment of payment obligations, customer management, customer service, refund/exchange/return shall be borne by the Partner and Client.
- ③ We do not guarantee in any way the existence or authenticity of the intention of purchase or selling in relation to the transactions between users and vendors made within the system we provide; the registered goods and services' quality, integrity, safety, legality or non-infringement of others' rights; the truth or legitimacy of information entered by users or vendors or documents posted in spaces linked through such information; and we are not responsible for any risks and damages related to this.
- ④ We are not liable for any damages arising from expected revenues or information and data obtained in relation to services while using Cafe24 Developers.
- ⑤ We are not liable for services we provide free of charge unless there are special regulations in relevant laws.
- Article 22 (Governing Law and Dispute Settlement)
- ① All the disputes arising from or relating to these Terms shall be governed by and construed in accordance with the laws of the Republic of Korea.
- ② All the disputes arising from or relating to these Terms, shall be settled through mutual agreement between you and Cafe24. However, if a dispute cannot be resolved, the dispute shall be resolved by an arbitration in accordance with the rules of arbitration of the Korean Commercial Arbitration board. The arbitration shall be conducted in Seoul, South Korea, and the language of arbitration shall be Korean.
- Article 23 (Other Terms and Conditions)
Any matters not specified in these Terms shall be subject to our service instructions and related laws and regulations.