Terms and Conditions

[iTMOUNDs.com Terms of Service]

 


Chapter 1: General Provisions



Article 1 (Purpose)

These Terms of Service aim to stipulate rights, obligations and responsibilities of Company and users, and procedure for member's service use, in using intermediary service and other information services (hereinafter referred to as the "SERVICE") provided by Internet Service Marketplace (MP) (https://itmoulds.com or www.itmoulds.com, hereinafter referred to as the ”iTMOULDs site”) and mobile environment (hereinafter referred to as the “iTMOULDs mobile”) operated by the iTMOULDs Inc. (hereinafter referred to as the “Company”).


Article 2 (Stipulation and Amendment of Terms of Service)

① The “iTMOULDs site” will post contents of Terms of Service, company name, company location, representative (“CEO”) name, business registration number, contact information, and others on initial service screen of the “iTMOULDs site” for service user’s recognition.

② The “iTMOULDs site” may amend these Terms of Service within the limit not violating applicable laws such as “Act on the Regulations and others of Terms of Service,” “Framework Act on Electronic Transactions,” “Electronic Signature Act,” “Act on the Promotion of Information and Communication Network Utilization,” “Act on Visiting Sales,” ”Consumer Protection Act.”

③ In case of the amending Terms of Service of the “iTMOULDs site,” application date and reason for amendment along with current Terms of Service shall be specified and notified on initial screen of the “iTMOULDs site” from the 7th day before effective date to the day before the date of application.

④ In case of amending Terms of Service of the “iTMOULDs site,” amended Terms of Service applies only to the contract concluded after the date of application, and the Terms of Service before amendment are applied to the contract already concluded before the date of application. However, if the user who has already signed a contract sends the intent for applying amended clauses of Terms of Service to the "iTMOULDs site" within the notice period based on Section ③ of amended Terms of Service, and receives the consents of the “iTMOULDs site,” the provisions of amended Terms of Service shall apply.

⑤ The matters not specified in these Terms of Service and the interpretation of Terms of Service shall be in accordance with government's “E-commerce Consumer Protection Guidelines,” and related laws and regulations, and commercial practice.


Article 3 (Provision and Change of SERVICE)

① The iTMOULDs site performs following tasks.


1. Provision of goods or service information and SERVICE for purchase contracts

2. Delivery of goods or services for which purchase contracts has been concluded

3. Other tasks specified by the “iTMOULDs site”

② In the event of goods out of stock or technical specifications change, the “iTMOULDs site” may change the contents of goods and services provided by the contract to be concluded in the future. In this case, the details of changed goods & services and date of provision shall be specified, and notified on the spot the details of current goods and services posted, from the 7th day before the date of provision.


Article 4 (Definition of Terms)

① Definitions of terms used in these Terms of Service are as follows.

1. MP (MarketPlace): The e-Marketplace that enables transaction between “buyer (individual and corporation)” and “maker (individual and corporation)” in online and offline markets provided by the iTMOULDs

2. Service: Includes tangible and intangible services. It means the provision of goods and information sold and mediated by iTMOULDs site and iTMOULDs mobile.

3. User: “iTMOULDs site” member (including non-member) and the person who signed a contract of service use

4. User number (ID or Username): A combination of letters and numbers selected by user and assigned by “corporation individual” for user verification and user’s service use

5. Password: A combination of letters and numbers selected by user for confirming that the user is identical to assigned user number, and for protecting user's own confidential information.

6. Intermediary service: All of related information and services that Company provides to user through iTMOULDs site and mobile service

7. Maker: Includes companies with individuals (freelancers) and operators who directly perform goods and services through intermediary service provided by iTMOULDs site

8. Purchaser (or Client): User who purchases contents or related goods, or requests to receive the service of maker

9. Payment service: Escrow type service. A service for client to pay the price indicated by maker for service purchase (credit card, bank transfer, mobile phone payment, and others)

10. Cash or Won (Won/ KRW): Refers to prepaid electronic payment method issued and managed by Company, and used by client to purchase and pay for service.

11. FILAMENT: The concept of points that can be earned through activities on the iTMOULDs site. The points are issued and managed by Company.

12. Intermediary fee: The fee to be paid to the “Company” in exchange for conclusion of contract between maker and client

13. Maker's auction system: Matching service through free competition between makers

14. Contract termination: The act of completing transaction with maker by client’s SERVICE use

15. Contract change: The act intended for changing requested contents to the contract already signed by the client

16. Cancellation of contract: The act of canceling or terminating existing contract

17. “Purchase confirmation period” refers to the duration during which user member must express the intent to complete purchase (purchase confirmation, purchase refusal, return, exchange) for products transaction, and it means the day determined through Company’s notification as the 7th day (3 business days if less than 3 days of 7 days) from the date products is delivered to recipient, which is recognized by Company, or the day corresponding actions are taken.

② The terms under Terms of Service not defined in Article 4 Section ① shall apply in accordance with general transaction terms.


Article 5 (Nature and purpose of SERVICE)

① The SERVICE of Company is a service that provides e-Marketplace online that mutual service and goods transaction can be made through each party’s own decision between client and maker.

② Company provides means for mutually convenient and safe payment between parties through payment service for service purchase and transaction, and plays an mediation role in enhancing reliability of transaction.

③ In relation to transactions established between client and the maker in accordance with the Section ① and ② of Article 5, both parties shall bear their own responsibility respectively.




Chapter 2 SERVICE Use Agreement



Article 6 (SERVICE Use Agreement)

① “User” shall apply for a membership by filling in member’s information according to registration form designated by “Company” and by expressing the intent that one agrees to these Terms of Service.

1. Use Agreement

1) Membership registration is available for individuals or corporations (individual and corporate business operators, etc.) who are over 14 years of age. For under 14, such person can join with the consent of legal representative (guardian).

2) When registering for a membership, username or email address shall be used as ID, and the site can be used after email authentication. However, to use paid additional service (maker registration), additional authentication (mobile phone identity verification) is required.

As a principle, one ID per person should be used in real name. When two IDs per person are used in real name, we are not responsible for any disadvantages caused by using such IDs. “Company” may suspend approval if service related facilities are not sufficient, or there are technical or business problems. For rating and age compliance in accordance with “Content Industry Promotion Act” and “Youth Protection Act,” Company may put restriction on use or cancel use agreement.

② In case of not falling into each item of followings, Company can select and register among users who apply to join as a member, as described in Section ①.

1. If the applicant has previously been disqualified in accordance with Section ③ of Article 17 of these Terms of Service

However, exception shall be made if three years has been passed after losing member’s status under Section ③ of Article 17 and approval of “iTMOULDs site” is obtained to rejoin as a member.

2. If there is any false, missing or misspelling entry in registration details

3. If determined that registering as a member may cause technical problems to the “iTMOULDs site”

③ Membership contract shall be concluded when the acceptance of the “iTMOULDs site” is notified to member.

④ In case of changes in registration details, member must notify Company of such changes immediately by email or other means.


Article 7 (Application for SERVICE Use)

"Company" may request real name verification and identity authentication through professional institutions depending on the type of "member."


① All users, who desire to use paid service, must proceed with authentication through mobile phones that can be reached to themselves. When actual contract is in progress or SERVICE is performed, additional information requested by Company must be provided. In addition to basic member information, additional items to enter are divided in details based on whether it is individual member or business member.

1. Required information for individual member: ID, password, email address

2. Required information of maker member: ID, password, mobile phone authentication, email address, account information and bankbook

3. Corporation maker’s information required: ID, password, mobile phone authentication, email address, account information and bankbook copy, business registration certificate (business registration number validation), company name, CEO name, business address, business status, business item, email for tax invoice issuance, account information and bankbook copy

② In order to use paid service, copy of bankbook and ID card in own name for refund and profits settlement should be provided according to Company’s request, and you must also provide additional evidence if requested by Company.

③ In case of maker member and corporation maker member, manager authentication procedure may be required depending on authentication result of business operator and settlement account, and such authentication is approved within 3 business days. In addition, even for approved member, if changes are required of business registration number, representative (CEO), address, business status/business item, and settlement account, on business registration certificate, administrator’s approval must obtained after updating information on homepage.


Article 8 (Permit to SERVICE Use Application, and Termination of Contract)

① In principle, Company shall authorize "user" when the user applies for service use by providing evidence through personal verification process, and in case of applying use of paid service, we will proceed with verification process based on the evidence provided in accordance with Section ① of Article 7. Company may request additional evidence from applicant for applications that identity verification process cannot be performed.

② “Company” may not grant permit to application for one of following reasons.

1. If a person under 14 years of age applies for use (accepted if the consent of legal representative is obtained)

2. If identity verification does not go through

3. Name and personal information (or business registration number and corporate registration number) are the same as that of previously registered member

4. If former member of which Company terminated SERVICE Use Agreement, applies for SERVICE use once more, in accordance with Section ③ of Article 17 of the Terms of Service

5. If false entries are provided in required fields when applying for service use

6. In case of violating Terms of Service, or if found to be application for illegal or unfair use

③ Company may terminate “Service Use Agreement” if following reasons exist.

1. If member registers or sells nonconforming services, or provides false information, or conducts and attempts to trade goods violating other public orders and traditional custom

2. If member violates rights, reputation, credits or other legitimate interests of Company, other members, or nonmembers

3. If member acts or attempts to interfere with smooth operations of SERVICE provided by Company

4. If member registered with SERVICE without intent of actual service sales


Article 9 (Application for Purchase)

Users of “iTMOULDs site” may apply for purchase on “iTMOULDs site” by following methods.

① Enter name, address and phone number

② Select goods or services

③ Select payment method

④ Indicate your agreement to Terms of Service (e.g. check box, contract signing, and others)


Article 10 (Establishment of Contract)

① “Company” shall accept purchase application described in Article 9, unless it falls under each of following items.

1. If there is false, missing or misspelling information in application;

2. If the service prohibited by Juvenile Protection Act are provided

3. If the approval to other purchase request may cause technical problems to “iTMOULDs site”

② Contract is considered concluded when Company's consent reaches user in form of acknowledgment notice under Section ① of Article 14.


Article 11 (Obligation of Maker)

① Maker shall provide identity information, register sales service, manage transaction progress, perform transaction for client, send out service, provide post sale processing such as A/S or refund, according to procedures that Company notifies in advance through Terms of Service and service screen.

② Maker shall respond sincerely to questions regarding client's transaction details.

③ Company and maker may cancel transaction if user's purchasing act is considered false or illegal payments or if there are other legitimate reasons.

④ In case of client’s cancellation request, only for previously received contracts, maker shall deliver client of indication of cancellation intent, or reason for cancellation refusal within 24 hours.

⑤ Service registration shall be according to registration form. In case of registration, or false registration, disguised sales registration, or registration for payment system use only that are inconsistent with service registration form, Company may delete, cancel or may not mediate service, and all responsibilities for such events shall be laid to the member who registered such SERVICE. In addition, membership status may be suspended for both maker and client if they register only to use credit card payment system or communication billing system.

⑥ At time of SERVICE registration, maker shall not limit phrases to induce direct transaction or legitimate right of client, or register any contents (including phrases, photographs or explanation) that violate other laws or regulations, or Terms of Service, and shall not deliberately manipulate service evaluation scores or perform any other illegal acts that undermine safety and reliability of mediation service such as disguised sales registration, by oneself or using other member’s ID. If violations occur, Company may cancel the transaction, stop the sale, or take other necessary actions on relevant member or relevant transaction.

⑦ Maker shall not use personal information of other member such as client and others, which was learned in process of mediation request and performing related contracts, for the purposes other than those stipulated by law, Terms of Service, or Company's Privacy Policy. If violations occur, you are subject to all legal liabilities, and be required to indemnify Company at your own effort and expense, and membership status may be suspended or terminated.

⑧ Regardless of Company's intentionality or negligence, Company shall not be held responsible if the personal information is in the process by certain company, or if personal information of other members or third parties is infringed.

⑨ Maker must constantly check the order details received, work progress, and inquiries on “iTMOULDs site” to make fast and sincere transactions.

⑩ In order to promote sales and increase credibility of SERVICE registered by maker, Company may prepare a registration standard for Company’s main image or portfolio image, and request the maker to amend it, and your consent should be provided. If you do not agree, Company may suspend maker’s SERVICE sale or restrict registration of new services.


Article 12 (Payment Methods and Arrangements)

① Payment methods for goods or services purchased from “iTMOULDs site” can be one of the followings.

1. Various bank transfers, such as phone banking, internet banking, mail banking,

Non-bankbook online deposit

2. Various card payments, such as prepaid card, debit card, credit card, and others

3. Payments by phone or mobile phone

4. Payments by electronic money, such as points paid by Company and others

5. Payments by other electronic payment methods

② In case of purchasing goods and others, user must use payment method in own name when using the payment method in Section ①, and shall not use other person’s payment method arbitrarily. Members are responsible for losses and damages arising from arbitrary use of others’ payment methods, which are caused to companies, legitimate owners of payment methods, and third parties.

③ Member shall be borne for responsibility and disadvantages caused due to the information that member provided in relation to payment of products purchase price.

④ User must use payment method that has valid and legitimate use rights when paying for purchase price, and Company can verify such rights. In addition, Company may suspend proceeding or cancel transaction until the completion of verification to legitimacy of member’s payment method.

⑤ Depending on Company's policy and the standard of payment companies (mobile carriers, card companies, and others), member's cumulative monthly payment may be limited. If the criterion is exceeded, you may not be able to purchase products.


Article 13 (FILAMENT Point)

① Company may grant FILAMENT Points to member in accordance with Company's policy when the member uses SERVICE.

② Member can use concerned points alone or with other payment methods when using SERVICE according to procedures and conditions specified by Company.

③ Details of granting and use of concerned points shall be according to the policy set by Company, and Company will inform members of such fact through website.

④ Concerned points cannot be converted to or refunded in cash.

⑤ Concerned points becomes invalid in following cases.

1. In case of membership withdrawal

2. When conditions of eligibility for points use and its invalidity are notified separately

⑥ Member can use points only for own transactions, and in no case, can the points be sold or transferred to others.

⑦ If member acquires points through unfair or unlawful ways, the member cannot use such points and Company may withdraw them.


Article 14 (Notification of Receipt Confirmation, Change and Cancellation of Purchase Application)

① Company shall notify user of receipt confirmation when user applies for purchase.

② If there is inconsistency in the indication of intent, user who received receipt confirmation notice can request change and cancellation of purchase application immediately after receiving such notice.

③ If there is user’s request to change or cancel purchase application before delivery, Company shall handle such issues based on the request without delay.

 

Article 15 (Delivery and Transaction Completion)

① Company shall indicate delivery method for goods purchased by user, bearer of delivery cost for each method, and delivery period for each method

② Company shall not be involved in any disputes arising between related parties, such as makers, members, shipping companies, and others in regards to the delivery of goods, and shall not bear any responsibility. In this case, such disputes must be settled directly between concerned parties.

③ Member shall express to Company the intent of purchase confirmation, exchange or return within a certain period from the completion of purchased product delivery.

④ If member does not express the intent by the 7th day from the date of goods received during the period purchaser has to express the intent of purchase termination (purchase confirmation, exchange or return) regarding the transaction, it shall be regarded as member’s intent of purchase confirmation for corresponding transaction, and Company may proceed with automatic purchase confirmation (hereinafter referred to as "Automatic Purchase Confirmation").

⑤ If purchase confirmation is made, member may not raise objection to Company based on reasons such as defect, non-receipt, or return of goods. Refund, exchange and other matters between maker and member arising after purchase confirmation must be settled by the maker and member who are actual trading parties, and Company shall not intervene in such issues.


Article 16 (Refund, Return and Exchange)

① If maker cannot deliver or provide goods and services requested by user because the requested goods or service are sold out, Company shall promptly notify Company and user of the reason, and proceed with contract cancellation and refund procedure within 3 days from the date that such payment is made if payment for goods or services are received, and if not, within 3 days from the date such reason occurs.

② Member may withdraw subscription within 7 days from the date of goods delivered in accordance with relevant laws such as “Act on Consumer Protection in Electronic Commerce and Others.” However, if specified otherwise in “Act on the Consumer Protection in Electronic Commerce and Others,” in regard to subscription withdrawal, such provisions of the Act shall apply.

③ Member may not request return or exchange if falls under any of followings despite Section ③ of Article 15.

1. If product is lost or damaged due to member's attributable reasons (except when packing is damaged in the process of checking product contents)

2. If value of goods has decreased significantly due to member’s use or some consumption

3. If value of goods has decreased significantly due to the passage of time

4. If packing of replicable products are damaged

5. If such transaction is notified separately in advance and the consent by member’s written document (including electronic documents) is received, and significant damages are expected to maker, which is impossible to recover, in case of accepting withdrawal of products and others produced individually based on order

6. If falls under reasons for return restriction according to applicable laws and regulations.

④ Member may withdraw subscription within 3 months from the date of product supplied, or within 30 days from the date the fact is known or the date that member was able to know the fact, if product's contents are different from advertising contents or contract contents.

⑤ Shipping and other expenses required for return or exchange shall be borne by the party in fault. In this case, maker shall bear the cost for return or exchange due to defect or wrong delivery of goods and others, but the member shall bear the cost for return or exchange due to member's simple change of mind.

⑥ Maker shall be responsible for damages caused by member due to shipping problems.

⑦ Company may cancel transaction, and refund member using the payment amount in use by payment deposit service, if member withdraws due to maker’s nonfulfillment of delivery procedure for a considerable period of time even after maker is notified of member's payment completion, or if it is the matter to be handled by automatic refund processing specified in advance by separate policy.

⑧ If maker does not actively engage in member's request for exchange or return, or delays such request, Company will identify the reason for exchange or return request, and cancel such transaction if it is reasonable, and refund member with the money in deposit state. However, it does not apply if no valid reason is indicated for member's request for exchange or return.

⑨ If member does not return received goods to maker until 14 days of passage from the date of member's exchange or return request, or if member cannot be reached by phone, email, and other means, the member's exchange or return request will be invalid.

⑩ When Company refunds the payment due to subscription withdrawal, Company shall take necessary measures to refund within 3 business days from the date of subscription withdrawal (however, if product is already delivered, the date when maker returns the product). If payment is made using credit card, the refund can be made only by canceling credit card payment, and under any circumstances, it cannot be refunded in cash.




Chapter 3 Member Information and Copyright Protection




Article 17 (Membership Withdrawal and Disqualification)

① Member may request withdrawal from “iTMOULDs site" at any time, and the site shall immediately proceed with such withdrawal.

② “iTMOULDs site” may restrict or suspend membership status, if member falls under any of following reasons.

1. If false information is registered at time of membership sign up

2. If member does not pay debts occurred using “iTMOULDs site” such as payments of goods and services purchased through “iTMOULDs site.”

3. If member becomes threat to e-commerce order by interfering with others’ use of “iTMOULDs site” or stealing information

4. If member acts in a way prohibited by the laws and regulations and the Terms of Service using “iTMOULDs site” and acting against public order and morals.

③ After “iTMOULDs site” restricts or suspends membership status, if the same act is repeated more than twice, or the cause is not corrected within 30 days, “iTMOULDs site” may disqualify such membership status.

④ When “iTMOULDs site” disqualifies membership status, it removes details of member registration. In this case, the member will be notified of such fact in advance, and will be given a chance to explain before terminating membership.


Article 18 (Notification to Member)

① Email address submitted to “iTMOULDs site” can be used for notifying member of “iTMOULDs site,”

② For notification to unspecified majority of members, “iTMOULDs site” can post on its message board for more than one week, in substitution for individual notice.


Article 19 (Protection of Personal Information)

① For collection of user's information, “iTMOULDs site” collects minimum information necessary to proceed purchase contract. Following items are requirements, and others are optional.

1. Name

2. Address

3. Phone number

4. Member ID

5. Email

② “iTMOULDs site” ensures to obtain consent of concerned user when collecting personal information to identify a user.

③ Personal information provided cannot be used for any purposes other than initially intended purpose or provided to a third party without user’s consent. “iTMOULDs site” will be responsible for all matters arising from such violation. However, exceptions shall be made for following cases.

1. When informing shipper of minimum user information (name, address, telephone number) necessary only for delivery.

2. If necessary for statistics, academic or market researches, and provided in a form that specific individual cannot be identified

④ If necessary to obtain user’s consent pursuant to Section (2) and (3) of Article 19, “iTMOULDs site” shall specify and notify in advance the details stipulated by Section 2 of Article 19 of the “Information and Communication Network Act,” such as identity of personal information management officer (institution, name and phone number, other contact information), the purpose of collecting and using information, the matters related to information provided to third parties (recipient, purpose of provision, and details of information to provide), and user may withdraw the consent at any time.

⑤ User may request to view and correct errors on own personal information retained by “iTMOULDs site” at any time, and the site is obliged to take necessary measures to address such issues without delay. If user requests the correction to errors, Company will not use such personal information until concerned errors are corrected.

⑥ Company shall limit and minimize the number of administrators for protection of personal information, and take full responsibility for user's damages arising from loss, theft, leakage, or alteration of user's personal information, including credit cards and bank accounts.

⑦ Company or a third party who received personal information from it, will destroy concerned personal information without delay when purpose of collecting or receiving the personal information is achieved.


Article 20 (Obligations of Company)

① Company shall not conduct the acts prohibited by laws and regulations and the Terms of Service, or acts against public order and morals, and strive to provide goods and services steadily.

② Company shall ensure to have security system for the protection of user's personal information (including credit information) so that user can use internet service safely.

③ Company shall be responsible for the reimbursement to user for damages caused by unfair labeling or advertising activities of products and services, prescribed in Article 3 of the “Act on Fairness of Labeling and Advertising.”

④ Company does not send profit based commercial emails, which is not intended by user.


Article 21 (Obligation for Member ID and Password)

Member is responsible for managing ID and password except for cases according to Article 19. 

② Member should not let third parties use own ID and password.

③ When member noticed that ID and password are stolen or used by third parties, the member shall immediately notify Company and follow instructions given by Company if there is any.


Article 22 (Obligation of User)

User should not conduct following acts.

1. Registration of false information when applying or changing

2. Change of Information posted on “iTMOULDs site”

3. Sending or posting of the information (computer programs, etc.) other than contents specified by “iTMOULDs site”

4. Infringement to intellectual property rights, such as other third parties’ copyrights on “iTMOULDs site”

5. Undermining reputation or interfering with business duties of “iTMOULDs site” or other third parties

6. Disclosing or posting inaccurate or violent messages, images, voices, or other information against public order and morals on “iTMOULDs site”


Article 23 (Restrictions to Copyright Attribution and Use)

① Copyrights and other intellectual property rights of the work created by Company shall be vested in “iTMOULDs site”

② User shall not use the information obtained using “iTMOULDs site” for commercial purposes or make them available to third parties by means of duplication, transmission, publication, distribution, broadcast or other means, without prior consent of the “iTMOULDs site”





Chapter 4 Intermediary Sales Service

(Electronic Sales Mediation)



Article 24 (Purchaser's SERVICE Use)

① As electronic sales broker, Company only operates, manages, and provides a system for free trade of goods between buyers and makers. Before purchasing, the purchaser must confirm accurately the product details and transaction terms prepared for SERVICE by maker. The buyer is responsible for any loss or damage caused by purchase without checking details of products and transaction terms.

② Purchaser shall not indicate purchase intent on the maker’s goods for sale without actual purchase intent, and shall not interfere with sales opportunity of maker’s products or purchase opportunities of other buyers.

③ When buyer violates Section ②, Company may suspend part or all of services or terminate the Terms of Service. And member shall be responsible for damages incurred.

④ Buyer shall abide by details notified on service screen by Terms of Service and Company, and shall be responsible for any losses or damages caused by violating or failing to comply with the Terms of Service.

⑤ In case the cause of subscription withdrawal arises, purchaser shall not arbitrarily use or neglect of received goods to be damaged, or if the goods are damaged due to arbitrary use of withdrawal goods or insufficient product storage. You must bear the cost accordingly.

⑥ If any dispute arises in sales process of products between maker and buyer, buyer shall sincerely engage in the settlement of such dispute, and shall bear all responsibility if losses and damages are caused to maker and Company due to lacking sincerity for dispute resolution.

⑦ When purchasing goods, purchaser shall use payment method in own name, and shall not use other’s payment method arbitrarily, and shall take full responsibility for the loss and damages caused to maker and owner of concerned payment method when using other’s payment method arbitrarily.

⑧ In relation to settlement of purchase price, buyer shall be responsible for all the information entry made by oneself, and for any problems arising from the information.

⑨ When buyer makes payment for purchase, Company can verify whether buyer has the right to use concerned payment method, and may stop or cancel transactions until confirmation is completed.

⑩ Company manages various equipment and materials to ensure that services are provided to buyer safely, and verifies whether services are used according to purpose of service offering. In this case, if buyer is found to be in violation of the purpose of use, Company can request to buyer to explain reasons, and take necessary actions such as order cancellation and others.

⑪ Even if Company receives and posts product and other related information from maker to increase convenience of buyer's service use, or provides reference product information and related contents through the site in a manner provided by a third party, buyer shall determine in regards to the purchase of product and others under own judgment and responsibility. In such case, Company shall not be responsible for purchase decision of buyer under any circumstances.

⑫ In case of minor’s product purchase through the sites, if minor’s legal representative does not agree to concerned contract, the minor or legal representative may cancel such contract.


Article 25 (Operation of "FILAMENT" Points)

① In order to use FILAMENT (hereinafter referred to as “F”) on “iTMOULDs site,” user must have an account containing actual personal information.

② Company may pay “F” to buyer according to policy.

③ Maker can make payment at buyer’s request if the buyer purchases, cancels or returns products.

④ Definition of value for “F” is used only within the website (itmoulds.com).

⑤ “F” is the points that can be earned through activities or payments.

1. Sales of 3D modeling files in Gallery category (maker must provide item prices to other users/buyers in unit of “F”)

2. Earn 20 “F” points when creating a public post on “iTMOULDs site”

3. Earn 100 “F” points when writing user’s own review

4. Earn 100 “F” points for uploading downloadable modeling files to Gallery

5. Earn 2 “F” points when writing comments on “iTMOULDs site”

6. Earn 100 “F” points when providing information on errors and bugs found on “iTMOULDs site” (only paid to first time users)

7. Earn 100 “F” points for auction posting (at time of transaction completion)

8. The maximum “F” that user can earn from activities on “iTMOULDs site” is limited to 300 “F” per day (excluding Gallery).

9. Additional “F” given for other events and activities will be earned at Company discretion

⑧ “F” becomes invalid in following cases.

1. If user withdraws SERVICE

2. If “F” conditions for use and invalidity criteria arrives, in accordance with Company's policy

3. If five years have passed since the date of “F” received

⑨ Buyer cannot sell or transfer “F” to others, and if buyer acquires “F” through unjust or illegal ways, maker may collect it.


Article 26 (Reverse Auction Matching (3D Auction System))

① “iTMOULDs site” performs services through free competition between makers using Reverse Auction Matching and provides unit price competition service.

② User determines desired amount and delivery schedule of products (3D modeling, 3D printing, and post-processing) to be manufactured by completing step-by-step questionnaire, and determines maker and suggested amount by reverse auction matching. However, desired amount cannot exceed 5 million won (prevention of large amount of card payment), and for quotation exceeding 5 million won, it can be paid by wire transfer without bankbook (tax invoice is issued).

③ Delivery period shall be up to 15 days from the date of selection, and if difficult to complete within such period due to unavoidable reasons or difficulty of work, such delivery schedule may be changed through mutual consultation.

1. Delivery period of 3D modeling: within 15 days from the date of selection

2. Delivery period of 3D printing: Within 15 days from the date of selection

3. Post-processing delivery period: Within 15 days from the date of selection

④ Selected maker must carry out given duties in good faith according to delivery schedule, and user cannot return all or part of products purchased from maker except for one of the following case, because of nature of custom-made system

1. In case of damages or defects caused to delivered products due to the attributable reason of maker

2. If delivered product is different from the requested product

3. If user bears the loss caused by return of delivered product and obtains maker’s prior consent

4. When delivery is not made on the delivery date specified through Reverse Auction Matching (except for case prior consultation was made between user and maker)

⑤ For matters regarding withdrawal, return, and exchange of subscription, it shall take precedence in proceeding over items in Sections of Article 16, 28, 29, 30, 31, 32, and 33. However, when disputes arise between maker and user, it must be sincerely responded based on the principle of good faith in accordance with details of Section ③ of Article 35. Company provides help to resolve problems smoothly through Dispute Mediation Center.


Article 27 (Payment Protection Service)

① We provide payment protection service to enhance reliability of e-commerce service provided by Company and ensure safe transactions between members.

② Upon completion of product delivery, user member shall notify Company of the intent such as purchase confirmation, exchange or return.

③ Even if delivery is completed, if there is no intent of exchange or return from concerned member within purchase confirmation period, Company may regard it as the intent of purchase confirmation and proceed automatic purchase confirmation the next day.

④ If user has intent of purchase confirmation or is considered having such intent, Company may send the payment amount to maker, or request the payment protection service provider to make payment in accordance with relevant regulations of the

“Consumer Protection Act” in e-commerce and others.

⑤ After payment confirmation, payment protection service is terminated at settlement completion. For occurrence of reasons such as subscription withdrawal, cancellation, release or invalidation, user shall proceed the procedures of withdrawal, cancellation, release, and refunding of payment, directly with concerned maker.

⑥ Company's payment protection service does not represent a maker or a user member, and does not represent maker’s duty or user member's duty in relation to product purchase.


Article 28 (Confirmation of Purchase)

① If finalized decision is made to purchase without modification or cancellation request after receiving service, user should click on “Confirm Purchase” on service screen in order to make payment to maker. When purchase confirmation is made, the settlement amount deposited and requested to Company by client is transferred to maker, and thus, regarding cancellation, refund, and follow-up management occurring after purchase confirmation, it should be settled directly by client and maker.

② If user clicks on “Confirm Purchase” after the termination of service, Company shall deposit and protect remaining amount after deducting sales commission from the payment amount, as maker's profit in accordance with Article 27 of these Terms of Service.

③ If user delays purchase confirmation without notifying the intent of change, withdrawal, return, exchange, or repair within 7 days from the date of service completion, proceeds shall be deposited to maker, after deducting sales service charge from payment amount with the automatic purchase conformation on the date after 7 days. In addition, even though there is intent of change, withdrawal, return, exchange, or repair within 7 days after service completion, the proceeds shall be deposited to the maker if user keeps using maker's service or does not return delivered product without reasonable cause. After settlement of Company's proceeds, user shall settle all matters under the responsibility of maker and user, if there is intent of return or exchange, and Company shall not intervene or take responsibility.


Article 29 (Withdrawal of proceeds and cash)

① If user's “cache” balance is more than 10,000 won in total, Company can guarantee withdrawal of balance when user desires. However, for such withdrawal, user must fill out a withdrawal application form specified on “iTMOULDs site,” and Company can send money to the bank account in user's name according to user request. After excluding 20% withdrawal fee from total retained sales amount, which is supposed to be withdrawn from user’s own account, the remaining amount shall be transferred. Transfer is completed within 2~4 business days upon receipt of withdrawal application.

1. Company uses bank information of user (account in user's name) only for withdrawal purpose (refund).

2. Company collects user’s bank information only after obtaining user's consent.

3. User must provide one’s consent after confirming that details of information provided are correct, and Company is not liable for the accuracy of data and bank information entered by user.

② Maker must register receiving proceeds account to Company when registering as maker member, and may request for change of such account according to regulations set by Company. In principle, account holder designated by maker should be identical to the maker (name of subscriber for individual maker, and name of representative or business place for corporate maker). If the holder receiving account designated by maker differs from maker’s name, such withdrawal will not be processed, and proceeds transfer may be delayed until verification of relevant documentary evidence is completed.

③ Maker shall not transfer to others the Company’s service proceeds receivables.

④ If maker is found to have sold nonconforming services or obtained proceeds in unjust or unlawful ways, or suspected of similar actions, Company may suspend and cancel proceeds transfer, or may not provide SERVICE related to deposit and withdrawal.

⑤ In accordance with Article 35 of “Value Added Tax Act” and Article 86 of Enforcement Ordinance, Company transmits concerned data to National Tax Service using maker’s quarterly settlement (corporation) or semiannual settlement (individual). Maker's sales data for tax return can be verified on “Revenue Management” tab and must be managed with nothing missed. In terms of tax issues, Company does not interfere with maker, or take any responsibility.


Article 30 (Period of Subscription Withdrawal)

① Withdrawal of subscription shall be made within 7 days from the date of receiving written contract or equivalent electronic document (hereinafter referred to as the “written document”). However, if goods and others are supplied later than when the written document is delivered, it shall be made within 7 days from the date of receiving goods and others supply, or from the date such supply begins.

② If withdrawal of subscription cannot be made within the period stated in prior Section because written document was not delivered, or written document was sent with no address of purchased site indicated, or address of the site is changed, it shall be within 7 days from the date such site address was known, or could be known.

③ If details of goods and others are different from those requested or implemented differently from contract details, withdrawal of subscription can be made within 30 days from the date such fact was known, or could be known.


Article 31 (Method of Exercising Subscription Withdrawal)

① Exercising subscription withdrawal shall be in written document (contents-certified mail) or electronic document (email), and shall take effect on the date of sending such document. For the inquiry of information detail, you may contact customer center (contact@itmoulds.com). To send contents-certified mail, please apply using the form attached below.


[Subscription Withdrawal Request]


Customer name


Customer contact


E-mail


Customer address


Performing agent


Product/Service

name


Maker contact


Maker address


Contract date

        , 20


Contract date received

        , 20


Order date

        , 20


Withdrawal request date

        , 20


Contract Status and Progress


Reason for withdrawal and contract cancellation


Current condition of product


Others


Payment method

Bank transfer,

Card payment,

Phone payment,

Electronic currency

Refund information

(Bank/Account Number/Account holder)




Article 32 (Effect of Subscription Withdrawal)

① When user withdraws subscription, user must return the goods already supplied. However, due to nature of custom-made products, the requests for refund, contract cancellation, or subscription withdrawal can be accepted only for reasons of flaw, defect, inconsistency with requested details, but not for reason of simple change of mind.

② Payment for received goods is refunded within 3 business days after return of goods. In case of delay, delay interest is paid after it is calculated by multiplying delay interest rate, which is determined and notified by Fair Trade Commission.

③ When refunding payment amount pursuant to regulation of Section ① and ②, if user uses payment method other than cash and the payment was made using credit card and other payment method, which can verify user and is refundable, the request to suspend and cancel payment shall be made to business operator who provided such payment method (hereinafter referred to as the “payer”). However, if payment was already received from payment provider, it shall be refunded immediately and user be notified.

④ If part of goods is already used or consumed, user may be charged for the amount equivalent to profit earned through use or partial consumption of goods and others, or the amount equivalent to the cost of supplying goods and others.

⑤ If user withdraws subscription during withdrawal period, the user shall bear cost of returning supplied goods and others, but penalty and compensation for damages shall not be demanded to user for reason of withdrawal. However, in case of subscription withdrawal due to product defects, maker (manufacturer) shall bear the cost of returning goods and others.


Article 33 (Regulation of Subscription Withdrawal Exception Products)

① If goods and others are lost or damaged due to user's fault, subscription withdrawal cannot be accepted. However, if packing damage occurs when verifying goods and other details, the subscription withdrawal shall be accepted.

② If the value of goods and others are significantly depreciated due to use or partial consumption by user, those items shall be excluded from the withdrawal.

③ If the value of goods and others is significantly depreciated to the degree not sellable.

④ In case of storing, sharing, or utilizing goods and others which can be replicated

⑤ In case other subscription withdrawal is accepted, if necessary for safety of transaction with user’s consent obtained after notifying such fact in advance, because irreversible damages to the maker or third parties are expected


(Example)


Modeling


- If downloaded after file preview


3D printing


- Finished product due to user's mistake of material

- Difference between cyan color (monitor) and real color (visual)

- Manufactured to exact specification, but determined as defects by consumer’s subjective judgment

Post processing


- Difference between cyan color (monitor) and real color (visual)



 

Article 34 (Supply Method and Period for Goods)

① Delivery period is based on the next day of custom-made order completion date as follows.

1. Courier service (excluding order date and holidays): within about 1 week ~ 2 weeks

2. Delivery is not available on holidays and other personal days.

3. However, if payment is made by wire transfer without bankbook, delivery period is calculated from the date of payment confirmation.

4. For the delay due to irresistible force such as natural disaster, it is excluded from the delivery period for such duration.

5. Delivery availability to islands and areas under special circumstances will be determined by prior consultation between maker and user. If determined that delivery cannot be made, contract cancellation and refund shall be made within 3 business days from the date of such reason occurrence.

6. In case of overseas shipping, shipping fee shall be under user’s responsibility.

7. If the goods requested for purchase cannot be provided due to machine defects, poor production, or other reasons, such reason shall be notified to Company and user without delay, and contract shall be cancelled and refund be made within 3 business days from the date of goods and others received, and otherwise, such actions shall be taken within 3 business days from the date of reason occurrence.




Chapter 5 Compensation for Damages, and Disclaimers



Article 35 (Dispute Settlement)

① If dispute between maker and user arises, Company shall establish and operate Dispute Mediation Center for reasonable and smooth handling of disputes between maker and user.

② Company shall handle preferentially the complaints and opinions submitted from users. However, if it cannot be handled fast enough, user will be notified immediately of the reason along with processing schedule.

③ Member shall sincerely respond to conciliation of Dispute Mediation Center based on the principle of good faith.


Article 36 (Jurisdiction and Governing Law)

① Lawsuit regarding electronic transaction dispute between Company and user shall be filed with competent court under Civil Procedure Law.

② Law of the Republic of Korea shall apply to e-commerce litigation filed between Company and user.


Article 37 (Prohibited Acts)

① For safety of transaction, direct dealings between maker and buyer (direct transaction) without using payment protection service provided by Company is prohibited. The parties involved in such transaction are responsible for all problems arising from direct transaction, and Company shall assume no responsibility for it.

② Maker who made or induced direct transaction may be suspended from SERVICE use, or Service Use Agreement may be terminated. Member may report to Safe Trading Center operated by Company about the maker who made or induced direct transaction.

③ For fair auction proceeding, Company prohibits all of unfair auction misconducts, such as false bidding, habitual cancellation of auction, or return of goods after purchasing auction items, interference with bidding, and manipulation of auction price, etc.

④ If auction fraud is confirmed, Company can cancel the bidding and take measures such as restriction to bidding and canceling of Service Use Agreement.

⑤ It is prohibited to use SERVICE or access system in abnormal way without following service use methods provided by Company.

⑥ When system fraud is found, Company may retrieve part or all of additionally provided benefits to member, limit use of certain services, and terminate use contract

⑦ Unauthorized use, such as other's name, card information, account information, and others, for using purchase service provided by Company, is prohibited.

⑧ It is prohibited to make abnormal payments using methods prohibited in accordance with the laws and regulations, including Specialized Credit Financial Business Act, in ways of distributing funds by pretending to sell goods or provide services, and if such violations are found, Company may cancel or suspend member's transaction and notify relevant authorities.

⑨ Prohibited acts shall include non-delivery of actual goods, or purchasing act without actual intent of purchasing such as repeating purchases and cancellations for purpose of extending the validity period of coupons provided by Company, and abnormal transactions using discount rate provided by Company. And if such facts are found, Company may cancel transaction, restrict SERVICE use, or terminate the Terms of Service.

⑩ Unfair use of benefits or discount rate provided by Company for purpose of reselling to third parties, and the acts causing loss to Company are prohibited. If the purpose of transaction is found to be reselling, Company may restrict SERVICE use and terminate Service Use Agreement, and demand compensation for damages occurred by such acts.

⑪ Purchase of maker’s own product, or purchase to increase sales score and advertising effects without movement of actual products, or purchase using a third party's ID to obtain unfair discount, is prohibited. If concerned details are found, transaction shall be canceled or SERVICE use be limited.

⑫ If there is suspicion of fraudulent transactions (cash financing, unlawful use of payment method, large-scale fraudulent transaction, and others) of purchasing member, Company shall temporarily suspend SERVICE use and request minimum documentary evidence necessary (transaction certificate, goods demand & supply and order placement, delivery certificate) within 15 days from the date the service suspended for the purpose of confirming and clarifying such transaction. Service use shall be permanently suspended, or Service Use Agreement be terminated, if documentary evidence requested by Company is not submitted within designated period, or if documents are not sufficient or explained, without under special circumstances.

⑬ Company shall take actions such as [1st warning, 2nd suspension of use for a certain period of time, 3rd permanent suspension of use] regarding member purchaser, who interferes with maker’s smooth sales and fair market environment creation, by repeating purchases/returns after purchase without actual intent of purchasing.

⑭ Company monitors purchasing member’s violation of laws and regulations, violation of the Terms of Service, and other prohibitions. Purchasing member has obligation to submit minimum supporting documents required by Company, and must cooperate with Company's monitoring.


Article 38 (Safe Transaction Center)

Company operates Safe Transaction Center to adjust legal issues related to safety of transactions that may occur when members use SERVICE, such as infringement to others’ rights, or violation of laws and regulations.


Article 39 (Company Disclaimer)

① Company only operates, manages, and provides a system for free trading of products between member and maker as electronic sale broker, does not represent member or maker, and concerned member shall be directly responsible for transactions established between member and maker, and for the information provided by member.

② Company does not provide any guarantee, or represent contents of goods and others, and transaction conditions registered by maker, and member shall purchase products entirely under own responsibility.

③ With respect to all activities (including transactions) between member and maker, Company shall not provide any guarantee in terms of truthfulness and legality of data posted on website, which is linked through existence and sincerity of sales or purchase intent, quality of registered products, completeness, stability, legality, and non-infringement of others’ rights, information entered by member or maker. And the concerned parties shall bear all risks and responsibilities.

④ Company shall not be responsible for any service disruption due to the attributable reasons of member and maker.

⑤ Company shall not be responsible for any damages caused by member’s own leak or personal information provision to others.

⑥ In the event of natural disasters, and repair, inspection, replacement, breakdown, or loss of communication occurring in the information and communication facilities, such as computers, Company may temporarily suspend provision of SERVICE. And regarding such events, Company shall not take any responsibility unless it is intentional or negligent.


Article 40 (Other Provisions)

① Company operates “Customer Center” to reflect legitimate opinions or complaints raised by users and to solve problems. If any complaints and opinions raised by users are regarded as reasonable, Company shall handle them promptly, inform the progress within 3 business days, and notify investigation result and solution within 10 business days.

② If there are any inconveniences when using SERVICE, please contact us by email (contact@itmoulds.com) of iTMOULDs Inc.





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