Terms of Use for Telecommunication Billing Services

Article 1 (Purpose)

  • The purpose of these Terms of Use is to enhance the stability and reliability of telecommunication billing services (“the Services”) by specifying basic matters about the Services and relationship between Smartro Co., Ltd. (“the Company”) providing the Services and the users of telecommunication billing services (“the users”).

Article 2 (Definitions)

  • As used herein, the following terms shall have the meanings as set forth below.

  • Telecommunication Billing Services
    1. 1. “The Services” refers to the following business related to information/telecommunications.

      1. ① The business of billing and collecting the payment of goods or services (goods and the like sold and provided by others), together with the fee for telecom services provided by oneself.
      2. ② The business of electronically communicating transaction information for billing and collecting payment for goods and the like sold and provided by others, together with the fee for telecom services being provided as stated in the foregoing ① or the business of carrying out price settlement by agency or intermediately.
  • The Users
    1. 2. “The users” refers to people using the Company-provided Services by consenting to these Terms of Use
  • Means of Access
    1. 3. “Means of access” refers to means or information (i.e. wired/wireless phone; the users’ wired/wireless phone numbers registered with telecommunications businesses; the users’ biometric information; password needed to use such means or information, etc.) used to give transaction-related instructions and ensure veracity and accuracy of transactions.
  • Transaction instructions
    1. 4. “Transaction instructions” refer to instructions given by the users to the Company concerning the Services per relevant contracts
  • Merchants
    1. 5. “Merchants” refers to people selling or providing goods or service to the users through the Services.

Article 3 (Specifying Terms of Use and their Revision)

  • 1. The Company shall post a public notice about these Terms of Use before the users’ use of the Services so that they may ascertain important content of these Terms of Use.

  • 2. Upon the users’ request, the Company shall send a copy of these Terms of Use to them via an electronic means of transmission.

  • 3. In the event of revision of a clause in these Terms of Use, the Company shall post a public notice about it at least one month in advance of implementation through a screen used to provide payment information or on the Company’s website or by publishing the information in a national daily newspaper.

Article 4 (Management of Means of Access, etc.)

  • 1. When providing the Services, the Company may select means of access to check the users’ identity and rights and content of transaction instructions.

  • 2. The users shall not lend their means of access to a third party, entrust their use to a third party, or transfer them to others or use them for a collateral purpose.

  • 3. The users shall not disclose their means of access to a third party or leave them unattended and shall pay full attention to prevent their theft, forgery or alteration.

  • 4. The Company shall compensate for loss and/or damages incurred by the users by a third party’s use of them from the moment the Company receives a notice from the users about their loss or theft.

Article 5 (Monitoring and Hacking Prevention System)

  • 1. The Company shall be equipped with a monitoring system capable of watching and controlling the status of the information handling system including server and telecommunications devices.

  • 2. The Company shall be equipped with the following systems and equipment to prevent hacking.

    1. ① Intrusion prevention system
    2. ② Intrusion detection system
    3. ③ Information protection system including relevant equipment and encoding programs

Article 6 (Prevention of Virus Infection)

  • The Company shall take steps including the following to prevent computer viral infection

    1. ① Refraining from using application programs whose sources, distribution channels or producers are not clear; using them after diagnosis and treatment, using a detection program, where their use is required
    2. ② Using an updated computer virus detection/treatment program
    3. ③ Establishing a defense/detection/restoration procedure against computer virus infection

Article 7 (Protection of Users’ Personal Information)

  • 1. The Company may ask the users to take protective measures by e-mail or public notice, if one of the following is the case after occurrence of a serious incident involving intrusion of the information communications network, where the users’ information system or information communications network using the Company’s Service is likely to cause serious problems.

    1. ① Problems caused to the Company’s Services due to the users’ equipment being infected by a third party
    2. ② Problems caused to the Company’s Services due to the users’ equipment (hardware or software)
    3. ③ Problems caused by the users’ (attempted) connection with the Company through willful misconduct or gross negligence
  • 2. With regards to the foregoing 1, the users shall take the following steps to help the Company resolve the situation.

    1. ① Disconnection of relevant equipment from the network; blocking of service ports; immediate separation including blocking of network addresses
    2. ② Security check of the relevant equipment
    3. ③ Checking the cause; taking follow-up security measures including installing patches and reinstallation of OS; filtering, etc.
  • 3. The Company may suspend the users’ connection with information communication network for five days if the users fail to take the protective steps stated in the foregoing 2.

  • 4. The users may lodge a complaint against the Company [the employee stated in Article 10 (1) hereof] if they deem that the Company’s suspension of their connection is not right. The Company shall check relevant facts and reply to the users in writing within two weeks of the submittal of the complaint stated in the foregoing sentence.

Article 8 (Illegal Transaction Prevention System)

  • 1. The Company shall adopt the following systems to protect the users from illegal payment requests.

    1. ① Abnormal transaction pattern analysis system
    2. ② A system for monitoring transactions suspected as illegal payment requests
  • 2. The Company will delete those deemed to be illegal payment requests in relation to the foregoing 1.

  • 3. Where payment request is stopped in relation to the foregoing 1, the users may use the telecommunications billing service by contacting the employee in charge stated in Article 15 (1) hereof and identifying themselves.

Article 9 (Korea Phone Bill Association)

  • 1. The Company shall make all efforts to protect the users from illegal payment requests or marketing activities using a cloned/cell phone as a member of the Korea Phone Bill Association (“KPBA”) based on the “Agreement for Protection of Users in Phone Bills”.

  • 2. The Company shall cooperate with the KPBA in its handling of users’ complaints by designating an employee in charge as follows:

    1. The employee’s name
      1. Kim Nam-gyu
    2. Contact number and e-mail
      1. 02)2109-9081 / nkkim@smartro.co.kr

Article 10 (The Company’s Rights and Obligations)

  • 1. The Company shall strive for protection of the users by carrying out the obligation of notifying their need for electronic payment and creating a safe payment environment through an integrated standard payment window as per the KCC/KPBA-set guidelines under the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. and the Act on the Consumer Protection in the Electronic Commerce Transactions, etc.

  • 2. In the event that the Company is not solely responsible for issuance of means of access, the Company shall not be responsible for compensation for loss and damages incurred by the users due to any incident involving forgery or alteration of means of access.

  • 3. In the event that the Company is not solely responsible for issuance, use or management of means of access, the Company shall be held responsible for compensation of loss and damages incurred by the users due to any incident involving forgery or alteration of means of access.

  • 4. The Company shall be held responsible for compensation for loss and damages incurred by the users due to an incident associated with one of the following. However, the foregoing sentence shall not apply if the Company has fulfilled the obligation to exercise due diligence including establishment of the security procedure designed to prevent an accident and striving to comply with the procedure where the foregoing 2 is the case and loss/damages are incurred by a user that is a corporation (except for a small business stated in Article 2 (2) of the Framework Act on Small and Medium Enterprises).

    1. ① An incident involving forgery or alteration of means of access
    2. ② An incident that has occurred in the process of electronic transmission or handling of a signed contract or transaction instructions
    3. ③ An incident that has occurred with the use of means of access obtained through fraudulent or other dishonest methods by intruding into an electronic device for electronic financial transactions or information communications network stated in Article 2 (1) 1 of the Act on Expansion of Dissemination and Promotion of Utilization of Information System.
  • 5. The Company shall provide a clear notice about the following to determine whether the users’ intention for subscription is true and sincere and a procedure for the users’ ascertainment of the notice.

    1. ① Content and type of goods or service
    2. ② Price for goods or service
    3. ③ Period for provision of goods or service
  • 6. The Company shall not be responsible for compensation for loss and damages incurred by the users, if one of the following is the case involving the users’ willful misconduct or gross negligence.

    1. ① The users’ failure to check relevant Terms of Use or precautions before using the Services
    2. ② The users’ violation of Article 4 (2) hereof; the users’ leakage of their means of access or leaving their means of access unattended, knowing or being able to know that there is risk of a third party’s unauthorized access to their means of access or unauthorized use of the Services
  • 7. Should there arise a dispute between the Company and the users about compensation for loss and damages, they may ask for the KCC’s arbitration.

  • 8. The Company may charge a certain amount of fee to the users for each case of transaction in addition to transaction amount.

  • 9. The Company may be provided with the users’ personal information related to the Services from telecommunications businesses. The Company shall not use the information stated in the foregoing sentence for a purpose other than the Services.

  • 10. The Company may temporarily discontinue provision of the Services in the event of one of the following: repair/examination/replacement of information/telecommunications facility including computer; interrupted telecommunications.

  • 11. The Company shall not compensate for loss and damages incurred by the users due to a temporary stoppage in providing the Services due to a reason stated in the foregoing 10 unless the stoppage has been caused due to the Company’s willful misconduct or gross negligence.

  • 12. The Company shall faithfully observe the KCC’s instruction not to provide the Services to the following parties under the Act on Expansion of Dissemination and Promotion of Utilization of Information System, Article 61.

    1. ① A party engaging in the sale, lease, and provision of harmful materials to young people in violation of the Juvenile Protection Act, Article 16
    2. ② A party engaging in an act of noticeably hampering the users’ interests by having the users purchase and use goods and the like, using one of the following
      1. - Transmission of commercial information in violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., Article 50
      2. - Deceiving or luring the users dishonestly
    3. ③ A party that sells or provides goods and the like in violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. or other laws
  • 13. The Company shall charge a penalty equal to 4% of the telecom service fee, which is invoiced together with the price for goods and the like, if the users fail to pay the price by the designated date. The penalty charged shall increase to 5% of the price of the goods and the like if the users fail to pay the price by the next designated date.

Article 11 (Disclaimers)

  • 1. Upon agreeing to the sale/provision of goods, the Company shall promptly inform the users of the electronic payment required, using phone, fax or cell phone, etc.

  • 2. When invoicing the sale/provision of goods and the like to the users, the Company shall include the following information.

    1. ① The date of using the Services
    2. ② The name and contact number of counterparty of the transaction of purchasing or using the Services (i.e. the party selling or providing goods or services using the Services – hereinafter “counterparty")
    3. ③ The amount of purchase and use made through the Services and the details
    4. ④ How to submit a complaint

Article 12 (Ascertainment of Transaction Content)

  • 1. The Company shall provide the users with a means to ascertain the details of their purchase/use. When the users ask for the details of their purchase/use in writing (including an electronic document – The same applies whenever “the details of their purchase/use in writing” appears in this document), the Company shall respond to it within two weeks.

  • 2. The Company shall maintain records about the following for a year (for five years for a transaction whose amount comes to more than 10,000 won) from the date of transaction.

    1. ① The Services-related transactions
    2. ② Transaction amounts
    3. ③ Counterparties
    4. ④ Dates of transactions
    5. ⑤ Subscriber numbers of telecom service invoicing/collecting the price
    6. ⑥ Matters about fees received by the Company in return for the Services provided
    7. ⑦ Matters about connection with telecom service related to relevant transactions
    8. ⑧ Matters about changes in applications and conditions of transactions
    9. ⑨ Matters about transaction approvals
    10. ⑩ Others determine and to be notified to the KCC
  • 3. Records stated in the foregoing 2 shall be maintained in the form of a document, microfilm, disk, magnetic tape, or another method fit for handling computer-provided information. All requirements stated in Article 5 (1), the Framework Act on Electronic Commerce shall be met in the event of maintaining records in the form of a disk, magnetic tape, or another method fit for handling computer-provided information.

  • 4. The users may contact the following people to ask for the information in writing stated in the foregoing 1.

  • Address
    1. 24th Fl., KT Information/Computer Center, 201, Mokdongseo-ro, Yangcheon-gu, Seoul
  • Website
    1. http://www.smartro.co.kr
  • Phone No.
    1. 1666-9114

Article 13 (Request for Correction)

  • The users may ask the Company for correction when they come to know that the Services have been provided against their wish (unless such provision is due to the users’ willful misconduct or gross negligence). In such a case, the Company shall inform them of its action taken within two weeks.

Article 14 (Protection of Personal Information)

  • 1. The Company shall not disclose the users’ personal information, bank account number, means of access, and content and result of telecommunications billing to a third party and use them for a purpose not related to the business in provision of the Services without the users’ prior consent. In the event that the Company intends to provide the users’ information to a third party for a business purpose, it shall inform the users of the intention through relevant Terms of Use and its website (www.smartro.co.kr).

  • 2. The Company collects and uses the users’ personal information for the following purposes.

    1. ① ① Payment of goods or service purchased by the users
    2. ② Cancellation or refund concerning transactions, for which the users have paid for
    3. ③ Invoicing for transactions and receipt of the transaction as paid by the users
    4. ④ Settlement of the transactions as paid by the users
    5. ⑤ Response to and ascertainment of the users’ request for transaction details, for which the users have paid
    6. ⑥ Preventing unauthorized users from using the Services
  • 3. The Company collects the users’ personal information items as follows.

    1. ① The users’ resident registration numbers
    2. ② The users’ phone/cell phone numbers
    3. ③ Phone/cell phone telecommunication businesses to which the users have subscribed
    4. ④ IP address with which the users have connected
    5. ⑤ The users’ e-mail addresses
  • 4. The Company entrusts personal information collected from the users to the following third parties.

    1. ① Customer center

      1. - The party to which personal information is provided: Saypass
      2. - Purpose of using personal information: checking transaction details, cancellation/refund, service consultation
      3. - Personal information items provided: preceding six digits of resident registration numbers, phone/cell phone numbers, and telecommunications businesses to which the users have subscribed, transaction details
      4. - Period for retention and use of personal information: for 5 years for per-case transaction amount of more than 10,000 won; for a year for per-case transaction amount of 10,000 won or less
    2. ② Telecommunications businesses

      1. - The party to which personal information is provided: SK Telecom, KT, LGU+
      2. - Purpose of using personal information: identification of the users and transaction approvals
      3. - Personal information items provided: resident registration numbers, phone/cell phone numbers, transaction details
      4. - Period for retention and use of personal information: for 5 years for per-case transaction amount of more than 10,000 won; for a year for per-case transaction amount of 10,000 won or less
    3. ③ Transaction counterparty

      1. - The party to which personal information is provided: the users’ transaction counterparty
      2. - Purpose of using personal information: checking transaction approvals, cancellation and refund, transaction amount settlement, response to and ascertainment of the users’ request for transactions details
      3. - Personal information items provided: phone/cell phone numbers, transaction approvals, reasons for failing to obtain transaction approvals, payment limits, and e-mail addresses
      4. - Period for retention and use of personal information: for 5 years for per-case transaction amount of more than 10,000 won; for a year for per-case transaction amount of 10,000 won or less
  • 5. We destroy personal information as follows upon completion of the period for retention and use

    1. ① Deletion of personal information stored in the form of an electronic file in an irrecoverable way
    2. ② Destruction of personal information printouts, using a shredder or incinerator
  • 6. The users have the right to refuse to consent to the Company’s collection or use of personal information. Please note that payment cannot be completed in the event of such refusal.

  • 7. The Company may provide Services-related information in the event of the following upon the request from the KPBA, which is organized under the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., for the protection of users.

    1. ① In the event of complaints about illegal payment requests or marketing activities using a cloned/cell phone
    2. ② In the event of complaints about payment by a third party including acquaintances of the users
    3. ③ If the need arises for protection of users due to occurrence of Services-related illegal activity

Article 15 (Submittal of Objections; Restoration of Rights)

  • 1. The users may submit their objections and request for restoration of rights concerning a step taken by the Company through the following employees.

  • ① Manager in charge of matters associated with laws for user protection: Ahn Byeongho
    1. - Representative number : 02-2109-9062
    2. - E-mail : abh6906@smartro.co.kr
  • ② Employee in charge: Kim Namgyu
    1. - Representative number : 02-2109-9081
    2. - E-mail : nkkim@smartro.co.kr
  • 2. The users may submit Services-related objections to the Company in writing (including an electronic document) or by phone or fax.

  • 3. With regards to the foregoing ②, the Company shall inform the users of the result of its investigation or handling within two weeks

  • 4. In the event a dispute arises between the users and the transaction counterparty concerning electronic payment, the Company shall cooperate as follows without delay within the extent required for settlement of the dispute, upon request from the disputing parties.

    1. ① Allowing access to and making copies of the information (including information on user authentication) related to payment which has become the cause of the dispute.
    2. ② Allowing access to and making copies of the information regarding steps taken by the Company to maintain security concerning payment which has become the cause of the dispute unless it is feared that such disclosure may hamper the Company’s efforts to maintain security.

Article 16 (The Company’s Obligation to Ensure Stability)

  • The Company shall strive to enhance the stability and reliability of the Services in compliance with the KCC-set criteria about telecommunication bills and technological matters including human resources, facilities, and electronic devices for electronic transmission and processing by types of the Services.

Article 17 (Rules Other than Terms of use)

  • 1. Matters not covered by these Terms of Use shall be handled under the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., the Electronic Financial Transaction Act, the Act on the Consumer Protection in the Electronic Commerce Transactions, etc., laws pertaining to e-commerce, the Specialized Credit Financial Business Act, etc. and other consumer protection-related laws.

  • 2. Should there arise a dispute between the Company and the users, it shall be settled under the Civil Procedure Act.

  • Additional Rules

  • These Terms of Use shall be effective from May 13, 2016.
  • These Terms of Use shall take the place of all Terms of Use previously in place (between 9/30/2016 – 5/12/2016).

Terms of Use for Electronic Financial Transactions

Article 1 (Purpose)

  • The purpose of these Terms of Use is for specifying basic matters pertaining to electronic financial transactions between Smartro Co., Ltd. (“the Company”) and the users in the users’ use of the Company-provided electronic payment agency service and payment deposit service (“the Services).

Article 2 (Definitions)

  • As used herein, the following terms shall have the meanings set forth below.

  • Electronic financial transactions
    1. “Electronic financial transactions” refers to transactions for the Company-provided Services made through an automated electronic device without face-to-face contact between the users and employees of the Company.
  • Electronic payment agency service
    1. “Electronic payment agency service” refers to electronically conducted service for communication of payment information or settlement of price on behalf of the transaction parties in the purchase of goods or the use of service.
  • The users
    1. “The users” refers to the parties using the Company-provided Services by consenting to these Terms of Use.
  • Means of access
    1. “Means of access” refers to means or information used to give transaction-related instructions and ensure veracity and accuracy of transactions in electronic financial transactions, including what is stipulated in Article 2 (10), the Electronic Financial Transaction Act, such as electronic cards or information (including credit card numbers), certifications stipulated in the Digital Signature Act, user numbers registered with the Company, the users’ biometric information, and passwords needed to use such means or information, etc.).
  • Transaction-related instructions
    1. “Transaction-related instructions” refers to instructions given by the users to the Company about electronic financial transactions carried out under an electronic financial transactions contract made per these Terms of Use.
  • Error
    1. An “error” refers to an instance of failure when attempting to carry out an electronic financial transaction under the relevant contract or transaction-related instruction without involving the users’ willful misconduct or negligence.

Article 3 (Specifying Terms of Use and their Revision)

  • The Company shall post a public notice about these Terms of Use before the users’ use of the Services so that they may ascertain important content of these Terms of Use.

  • Upon the users’ request, the Company shall send a copy of these Terms of Use to them via an electronic means of transmission.

  • In the event of revision of a clause in these Terms of Use, the Company shall post a public notice about it at least one month in advance of implementation through a webpage used to provide payment information or on the Company’s website.

Article 4 (Types of Electronic Payment Agency Service)

  • The Company-provided electronic payment agency service shall be divided as follows according to payment means:

  • Credit card-based service
    1. IIn this service, the Company communicates information on credit card-based payment through an electronic payment system for agency or intermediary settlement of transaction amount.
  • Inter-account transfer agency service
    1. Using this service, the users may withdraw a transaction amount from their account registered with a financial institution and transfer it to a given account on a real time basis, using the Company’s electronic payment system.
  • Virtual account service
    1. Using this service, the users wishing to pay a transaction amount in cash may have a one-time account issued for them for the payment, using the Company’s electronic payment system.
  • Others
    1. Other services provided by the Company include cell phone-based agency payment service and gift certificate-based agency payment service, using different means of payment.

Article 5 (Transaction Amount Deposit Service)

  • The users (including a party that is being provided with goods and the like, if the users consent to it – This applies whenever “the users” appear in this document.) shall inform the Company of their receipt of goods and the like within three business days.

  • Concerning the foregoing paragraph, the Company shall pay the transaction amount to the e-commerce business within the period set between the two.

  • The Company may pay the transaction amount to the e-commerce business without the users’ consent if the users fail to inform the Company of the receipt of goods and the like within three business days without a justifiable reason.

  • The Company shall refund the transaction amount to the users before payment of the amount to the e-commerce business if there is an adequate reason for refund.

  • The Company may establish Terms of Use for Transaction Amount Deposit Service separate from these Terms of Use to establish specific rights and obligations pertaining to Transaction Amount Deposit Service.

Article 6 (Service Hours)

  • The Company shall provide the Services 24 hours per day and 7 days per week, but with the circumstances of the financial institution and the business issuing means of payment being taken into account.

  • The Company may temporarily discontinue provision of the Services by posting a public notice about the stoppage by a suitable electronic means at least three days in advance if the stoppage is inevitable due to a technical need such as repair or inspection of information/telecommunications facilities or a particular situation involving the financial institution or the business issuing the means of payment. However, the Company may stop providing the Services temporarily without prior notice if inevitable due to system errors, urgent program repair, and other external factors beyond its control.

Article 7 (Selection, Use, and Management of Means of Access)

  • The Company may check the users’ identity, rights, and the content of transaction-related instruction by selecting means of access when providing the Services.

  • The users shall not lend, entrust, transfer their means of access to a third party or provide it for a collateral purpose.

  • The users shall not disclose their means of access to a third party or leave it unattended. The users shall take adequate precautions to prevent theft, forgery or alternation of their means of access.

  • The Company shall compensate for loss and/or damages incurred by the users by a third party’s use of them from the moment the Company receives a notice from the users about their loss or theft.

Article 8 (Ascertainment of Content of Transactions)

  • The Company shall allow the users to ascertain content of their transactions (including facts about their requests for correction of errors and result of the handling the requests) by the pre-established electronic method. The Company shall provide the content of transactions in writing, using fax and the like, within two weeks upon the users’ request.

    With regards to the foregoing paragraph, the content of transactions that the Company provides to the customers shall be the following that has occurred within the period stated in the following: the name and number of the transaction account, the types and amounts of transaction, information on the transaction counterparty, date of the transactions, information on electronic devices used, records about connection with an electronic device associated with the electronic financial transactions within the past 5 years; records about an electronic financial transaction involving a negligible amount, whose per-case amount comes to 10,000 won or less, records about approvals of transactions using an electronic means of payment, records about the users’ requests for correction of an error and results of handling the requests within the past year. Records about fees received by the Company in return for its provision of electronic payment agency service shall be excluded from the content of transactions.

  • When contacting the Company to ask for provision of the records stated in the foregoing 1, the users may use the following address and phone number.

  • Address
    1. 24th Fl., 201, Mokdongseo-ro, Yangcheon-gu, Seoul
  • E-mail Address
    1. choieunjin@smartro.co.kr
  • Phone number
    1. 02-2109-9019

Article 9 (Correction of Errors)

  • The users may ask the Company for correction of errors if there are any in their use of the Services.

  • With regards to the foregoing paragraph, the Company shall inform the users of the result of its investigation within two weeks.

Article 10 (The Company’s Responsibilities)

  • In the event that the Company is not solely responsible for issuance of means of access, the Company shall not be held responsible for compensation for loss and damages incurred by the users due to any incident involving forgery or alteration of means of access.

    In the event that the Company is solely responsible for issuance, use or management of means of access, the Company shall be held responsible for compensation for loss and damages incurred by the users due to an incident involving forgery or alteration of means of access, provided that the Company shall not be held responsible for compensation for loss and damages incurred by the users, if the users are in violation of Article 6 (2) hereof or if the users have leaked their means of access or have left their means of access unattended, knowing or being able to know that there is risk of a third party’s unauthorized access to their means of access or unauthorized use of the Services.

    The Company shall be responsible for compensation for loss and damages incurred by the users due to an incident that has occurred in the process of electronic transmission or handling of a signed contract or transaction instructions. However, the foregoing sentence shall not apply if the proviso of the foregoing 2 is the case or the loss and damages incurred by a corporation (except for a small business stated in Article 2 (2) of the Framework Act on Small and Medium Enterprises) where the Company has taken adequate precautions to prevent an incident by doing its best to comply with internal security procedures.

    With regards to the foregoing 1 through 3, the Company shall not be responsible to the users even if there have been transaction-related instructions from the users, if an incident could not be handled at all or in time due to acts of God, power outages, fire, telecommunication failures and the like beyond the Company’s control and the Company (or the financial institution or the business issuing payment means or e-commerce business) informed the users of its inability to handle the situation or a reason for delay in handling the situation.

Article 11 (Electronic Payment Transactions)

  • In the event of users’ transaction-related instructions about electronic payment transactions, the Company shall carry out the payment procedure on the users’ behalf and arrange for payment by transmitting the instructions.

  • In the event that payment transactions have not been made per the users’ transaction-related instructions, the Company shall return the amount received by it to the users.

Article 12 (Withdrawal of Transaction-related Instructions)

  • The users may withdraw their electronic payment transaction-related request before occurrence of payment taking effect.

    The timing of “payment taking effect” as stated in the foregoing 1 shall refer to: (i) when the information on the amount associated with the transaction-related instructions has been entered in the ledger of the financial institution, where the beneficiary’s account is opened in the case of electronic fund transfer, or (ii) when the information on the amount associated with the transaction-related instructions has been entered in the financial institution’s electronic device, where the beneficiary’s account is opened in the case of payment through other electronic payment means.

    If a payment has taken effect the users may have their transaction amount returned through withdrawal of subscription under laws pertaining to consumer protection in electronic transactions or under Article 5 hereof.

Article 13 (Creation and Preservation of Records about Use of Electronic Payment Agency Service)

  • The Company shall create and maintain records to help the users trace and retrieve the content of electronic financial transactions and ascertain or correct errors in the content.

  • The types of records to be kept by the Company and methods of maintaining the records per the foregoing paragraph shall follow what is stated in Article 8 (2) hereof.

Article 14 (Prohibition of the Provision of Information on Electronic Financial Transactions)

  • The Company shall not disclose the users’ personal information, bank account number, means of access, and content and result of electronic financial transactions to a third party and use them for a purpose not related to the business without the users’ prior consent.

Article 15 (Dispute Settlement/Arbitration)

  • The users may express their Services-related opinions and complaints to the Company and seek for the Company’s compensation for loss and damages through the following dispute-related manager and employee in charge.

  • The employee in charge
    1. Ahn Byeongho, team leader
  • Contact number (phone number; e-mail address)
    1. 02)2109-9062, bhahn@smartro.co.kr
  • With regards to the foregoing 1, the Company shall inform the users of the result of its investigation or handling within 15 days.

  • The users may submit their application for the Services-related dispute arbitration to the Financial Disputes Mediation Committee of the Finance Supervisory Service (established under the Act on the Establishment, etc. of Financial Supervisory Organizations, Article 51) and the Korea Consumer Agency [operated under the Consumer Protection Act, Article 31 (1)]

Article 16 (The Company’s Obligation to Ensure Stability)

  • The Company shall strive to enhance the stability and reliability of electronic financial transactions in compliance with the Financial Supervisory Commission-set criteria about human resources, facilities, and electronic devices for electronic transmission and processing by types of the transactions.

Article 17 (Rules Other than Terms of use)

  • Matters not covered by these Terms of Use shall be handled under the Electronic Financial Transaction Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., the Act on the Consumer Protection in the Electronic Commerce Transactions, etc., laws pertaining to e-commerce, the Specialized Credit Financial Business Act, etc. and other consumer protection-related laws.

  • Should there arise a dispute between the Company and the users, it shall be settled under the Civil Procedure Act.

  • Additional Rules

  • These Terms of Use shall be effective from September 30, 2011.