Article 1 (Purpose)
These Realwith Terms and Conditions of Use (these “T&C“) set forth the terms and conditions for the use of any and all products and services (collectively, the “Services”) provided by Realwith Corporation (“Realwith“) to users of the Services (the “User“ or “Users“, depending upon the context).
Article 2 (Definition of terms)
The terms used in this Terms and Conditions are defined as follows.
1. User: All customers using this Service
2. Service: All Services provided by Realwith, which are available to users by all feasible devices such as PCs, smartphones, tablets, etc.
3. Member : User who uses the services provided by Realwith by subscribing for Membership.
4. Non-Member : User who uses the services provided by Realwith without subscription.
5. Passphrase: A combination of letters and numbers determined by the user to ensure that the user is consistent with the user’s email
address and to protect confidentiality.
6. Contents : Information such as text, sounds, music, images, videos, software, programs, computer code, and other information.
Article 3 (Display, Explanation and Amendment of Terms and Conditions of Use)
Realwith shall, for easy recognition by Users, display the contents of this T&C, name of company and representative, business address(including an address handling customer complaints), phone number, fax number, email address, business license number, e-commerce permit number, and the name of personal information manager on the main page of Realwith. Only the content of this T&C can be displayed though a link page.
Prior to User’s final agreement to this T&C, Realwith shall provide a separate link or pop-up screen to obtain User’s verification on the terms of cancellation rights, delivery responsibilities, refund conditions and other important details.
Realwith may make amendments within the permissible range without violating applicable laws such as the 「Act on Consumer Protection in Electronic Commerce」, 「Regulation of T&C」, 「Framework Act on Electronic Commerce and Electronic Document」, 「Electronic Financial Transaction Act」, 「Electronic Signature Act」, 「Act on Protection of Information and Promotion of Utilization of Information and Communications Network」, 「Door-To-Door Sales Act」, 「Framework Act on Consumers」 and other related Consumer Protection Laws.
Realwith shall specify the effective date and the reasons for amendment of the terms and have post on the initial screen for 7 days prior to effective date until the day before the effective date.
If the amendment is modified to the User’s disadvantage, then Realwith shall grant at least 30 days of grace period for notice. In this case, Realwith shall clarify the ‘before and after’ changes in an ‘easy-to-understand’ manner.
When Realwith makes an amendment to the T&C, the modified T&C shall be applied only to contracts concluded after the effective date, whereas all contracts concluded before the effective date will remain under the provisions of the old T&C. However, if the User who has already signed the contract wishes to have the amendments administered, then the User may send his/her intent to Realwith and acquire consent from Realwith within the notice period stated in Clause ③ and it shall be applied accordingly.
Any information not specified and interpreted in this T&C shall be in accordance with the e-commerce Transaction Guidelines and Related Consumer Protection Acts provided by the Fair Trade Commission and other applicable Consumer Protection Laws and Regulation of T&C Act.
Article 4 (Membership)
The User shall apply for Membership by expressing his/her intent to agree to this T&C after filling out the form designated by Realwith with Member’s personal information.
Realwith shall register all Users who apply for Membership in the manner stipulated in Clause ① unless the User is not engaged in one of the following issues:
2-1. After the applicant has lost Membership for reasons indicated in Article 7 Clause ③, the applicant may acquire approval to re-subscribe for Membership three years after the loss of Membership.
2-2. Entry of false information or omission in the registration form.
2-3. If deemed that registering the User would present technical difficulties to Realwith
Establishment of Membership becomes effective at the time that the Member receives Realwiths approval of Membership.
In due course of time, the Member shall update Realwith with any changes to his/her account information through the methods of editing personal information.
Article 5 (Obligations for ID & Password of Member)
Member shall be responsible for the management of his/her ID and password
Member shall not allow any Third Party to use his/her ID and password.
When a Member recognizes that his/her ID and/or password is stolen or is being used by a Third Party, the Member shall immediately notify Realwith, and follow the instructions of Realwith
Article 6 (Notification to Members)
Any notifications from Realwith will be sent to the email address designated in advance by the Member during registration.
In the event of sending notifications to unspecified Members, a display of notifications on the notice board on the website for 1 week or more may replace sending emails. However, Realwith shall send individual notice to a Member in regards to matters which may have a significant influence in his/her transaction.
Article 7 (Withdrawal from Membership & Loss of Eligibility)
Members of Realwith may request, at any time, to withdraw from Membership and Realwith shall immediately process the request.
Realwith may limit or suspend Membership for the following reasons:
2-1. Entry of false information or omission in the registration form.
2-2. If the purchase payment of goods and other Realwith usage related liabilities have not been paid for before the appointed date.
2-3. If Member interferes with others to use Realwith or threatens the order of e-commerce (such as the illegal use of personal information).
2-4. If Member uses Realwith to act against public order and morals prohibited by the law and this ‘T&C.’
Realwith may forfeit Membership of the Member whose Membership was suspended or limited, if the same actions are repeated twice or more, or if the cause is not corrected within 30 days.
When Realwith forfeits Membership, all information will be cancelled. Prior to cancellation, Realwith shall notify the Member and give at least 30 days or more to grant an opportunity to explain the cause.
Realwith tries to protect users’ personal information under the relevant Acts.
Article 9 (Provision of the Service)
Users shall supply PCs, mobile phone devices, smartphones and other communication devices, operating systems, communication methods and electricity, etc. necessary for using the Services at their own responsibility and expense.
Realwith reserves the right to limit access to all or part of the Services by Users depending upon conditions that Realwith considers necessary, such as the age and identification of User, current registration status, and the like.
Realwith reserves the right to modify, at Realwith's discretion, all or part of the Services as Realwith determines necessary anytime without any prior notice to Users.
Realwith may cease providing all or part of the Services without any prior notice to Users in case of the occurrence of any of the following:
4-1. When conducting maintenance or repair of systems;
4-2. When the Services cannot be provided due to force majeure such as an accident (fire, power outage, etc.), act of God, war, riot, labor dispute;
4-3. When there is system failure or heavy load on the system;
4-4. When securing the safety of Users or third parties, or in the case of an emergency for the public welfare;
4-5. When Realwith reasonably determines it to be necessary, other than those set forth in items 4-1 through 4-4.
Article 10 (Restricted Matters)
Realwith prohibits Users from engaging in any of the following acts when using the Services:
Acts that violate the laws and regulations, court verdicts, resolutions or orders, or administrative measures that are legally binding;
Acts that may be in violation of public order, morals or customs;
Acts that infringe intellectual property rights, such as copyrights, trademarks and patent rights, rights to fame, privacy, and all other rights granted by law or by a contract with Realwith and/or a third party;
Acts of posting or transmitting excessively violent or explicit sexual expressions; expressions that amount to child pornography or child abuse; expressions that lead to discrimination by race, national origin, creed, gender, social status, family origin, etc.; expressions that induce or encourage suicide, self-injurious behavior or drug abuse; or expressions that include anti-social content and lead to the discomfort of others;
Acts that lead to the misrepresentation of Realwith and/or a third party or that intentionally spread false information;
Acts of sending the same or similar messages to a large, indefinite number of Users (except for those approved by Realwith), indiscriminately adding other Users as friends or to group chats, or any other acts deemed by Realwith to constitute spamming;
Acts of exchanging the right to use the Services or Contents into cash, property or other economic benefits, other than by using the method prescribed by Realwith;
Acts of using the Services for sales, marketing, advertising, solicitation or other commercial purposes (except for those approved by Realwith); using the Services for the purpose of sexual conduct or obscene acts; using the Services for the purpose of meeting or engaging in sexual encounters with an unknown third party; using the Services for the purpose of harassment or libelous attacks against other Users; or otherwise using the Services for purposes other than as intended by the Services;
Acts that benefit or involve collaboration with anti-social groups;
10. Acts that are related to religious activities or invitations to certain religious groups;
11. Acts of unauthorized or improper collection, disclosure, or provision of any other person's personal information, registered information, user history, or the like;
12. Acts of interfering with the servers and/or network systems of the Services; fraudulently manipulating the Services by means of bots, cheat tools, or other technical measures; deliberately using defects of the Services; making unreasonable inquires and/or undue claims such as repeatedly asking the same questions beyond what is necessary, and other acts of interfering with or hindering Realwith's operation of the Services or other Users’ use of the Services;
13. Acts of decoding the source code of the Services, such as by way of reverse engineering, disassembling or the like, for unreasonable purposes or in an unfair manner;
14. Acts that aid or encourage any acts stated in Clauses1 to 13 above; and
15. Acts other than those set forth in Clauses 1 to 14 that Realwith reasonably deems to be inappropriate.
Article 11 (Suspension of Service)
Realwith may temporarily suspend its services as a result of the following reasons: maintenance of computers and telecommunications equipment, replacement or damage repairs, and interruption of communication.
Realwith shall compensate User or any Third Party Member of damages caused by the temporary suspension of services due to reason(s) detailed in Clause ①. However, this shall not apply if Realwith proves that such event is not caused by its intention or negligence.
In the case of a conversion of business item, abandonment of business, merging between businesses and for other various reasons, Realwith shall notify the consumer and reward consumer in accordance with the conditions suggested by the original Realwith. However, if Realwith does not advise such standard of compensation, Realwith shall pay Users for their mileage or reserve in kind or cash of which value corresponds to the currency being used at Realwith
Article 12 (Copyright & Limitation of Use)
The copyright and other intellectual property rights for the works produced by Realwith shall belong to Realwith
The User may not use or cause any Third Party to use information with intellectual property rights belonging to Realwith for reproduction, transmission, publishing, distribution, broadcasting or other profit-making use without prior consent of Realwith
Realwith shall notify the User when using the copyright belonging to the applicable User in accordance with mutual T&C.
Article 13 (Payment Method)
1. The payment methods are classified into the periodic payment method and the one-time payment method, and the payment may be
made using the tools stated below. Further details are provided on the product information page. However, the payment methods that
support periodic payment may be subject to changes through discussion with relevant parties.
1-1. Direct payment: Payment made by any payment methods that Realwith approves (e.g., mobile phone, credit card)
1-2. Periodic payment: Automatic payment charged monthly; the payment can only be made by the payment methods approved by Realwith.
2. For continuous use of the respective periodic subscription product, automatic payment shall be made for every one (1) month
(hereinafter, the “Service Use Period”) through payment methods that the Members choose before the Service Use Period
commences, and the Members shall use the services for the period. For the periodic subscription product, the subscription shall
automatically renew monthly unless the Members show their intention to cancel the subscription to Realwith following the required
2-1. Realwith may keep payment-related information of the Members for the Service Use Period and for a certain period after the Service Use Period ends to renew monthly service use agreements and charge the subscription fee.
2-2. Subscription for services shall be automatically renewed every month for the Service Use Period unless the Member applies for cancellation of the periodic subscription. Realwith shall notify the Member of the details of the subscription via email or text message before the renewal occurs.
2-3. The expiration date of the Service Use Period by the cancellation of the periodic subscription product is one (1) month from the date of the periodic payment. In such cases, the Members can use services for the remaining period, and the fee for automatic subscription shall not be charged after the Service Use Period expires.
2-4. Persons who use other’s payment information without their consent may be held liable for civil/criminal liabilities and punished in accordance with relevant regulations.
2-5. In case periodic payment is not made due to a change in payment information, loss of the designated credit card or mobile phone, expiration, a change of mobile phone carriers, or other reasons, the subscription shall be automatically suspended one (1) month after the last periodic payment.
2-6. Realwith shall not be held liable for damages caused by the suspension of periodic subscription and the use of service due to faults attributable to the Members such as a failure to make the payment.
2-7. In case the price changes during the periodic payment period, the Members shall be provided with an electronic payment window when the electronic payment is made at the changed price so that the Members can choose whether to consent to the price change.
3. For use of a Paid Service for which the period of use is designated, the Members, when the payment is approved after setting their
payment methods and amount in the payment information field, shall pay the indicated amount after a certain period. If the Member
fails to make the payment for the indicated amount within the deadline, the use of the relevant service shall be suspended.
4. Payment for indirect sales products shall be governed by the terms of conditions separately set by the respective partnering company.
Article 14 (Cancellation of Subscription and Payment)
1. In case the Member does not have any record of use after the purchase, he/she may cancel the request of service use within seven
(7)days from the day However, the cancellation of subscription shall be restricted in case it falls under the grounds for cancellation of subscription for which restrictions apply prescribed in the relevant regulations such as the Act on the Consumer Protection in Electronic
Commerce, Etc., the Content Industry Promotion Act, and the Guidelines for Protection of Content Users.
2. The cancellation stated shall come into force when the Member explicitly expresses his/her intent to cancel via call, email, or facsimile.
3. Realwith shall promptly respond to the request received from the Member pursuant to paragraph (2).
4. In case the Member withdraws his/her membership application, he/she may request to cancel the payment depending on the
respective payment method that the Member chose. However, the payment shall not be canceled in any of the following cases.
4-1. Where the payment had been offered free by an event or a compensation
4-2. Where a history of use exists within the relevant period
4-3. Where a refundable period for the respective payment method has expired
4-4. Where payment for the Paid Service is made through a payment method for which cancellation is unavailable
5. The period of cancellation available for each payment method is stated below, and if the period has expired, payment cannot be
canceled. However, the following may be subject to change, depending on the circumstances of the related companies.
5-1. Credit card: Payment may be canceled within two (2) months (sixty (60)) days from the day of payment. However, the cancellation period may vary depending on the policies set by the respective credit card company.
5-2. Mobile phone: Payment may be canceled until the day before the last day of the month when the payment was made. However, the cancellation period may differ depending on policies set by each mobile phone carrier.
6. Indirect sales products shall follow the terms and conditions set by the relevant partnering company.
Article 15 (Refund)
In the event that the Goods and Services are sold-out or unavailable and cannot be provided or delivered to a User who applied for purchase, Realwith shall notify the User without any delay, and if payment for Goods and Services has already been made in advance, Realwith shall take necessary measures or refund payment within 3 business days from the date of receipt.
Article 16 (Mischarged Fee)
In the event the fee is mischarged, Realwith shall refund the entire amount of the mischarged fee in the method used for the payment of the fee. However, if the refund cannot be made in the same payment method, Realwith shall give advance notice.
In the event the fee is mischarged due to faults attributable to Realwith, Realwith shall refund the entire amount of the mischarged fee regardless of the price of the agreement, commissions, etc. However, if the fee is mischarged due to faults attributable to the Member, the Member shall bear the cost required for Realwith to return the fee within a reasonable scope.
If Realwith refuses to refund the mischarged fee, Realwith shall bear the burden to prove that the fee was charged based on justifiable reasons.
Realwith shall process the refund for the mischarged fee in accordance with the Guidelines for the Protection of Content Users.
Article 17 (Special Provisions on Service Use Agreement of Minors)
Any users aged under fifteen (15) years cannot use Paid Services.
Minors aged fifteen (15) years or older but under nineteen (19) years must obtain the consent of his/her legal representative (parent) to use Paid Services. In case a minor fails to receive the consent of his/her legal representative, such as a parent, the minor cannot use paid services.
The use of Paid Services by minors aged fifteen (15) years or older but under nineteen (19) years is voidable by his/her legal representative. In such cases, the legal representative shall verify to Realwith that he/she is the legal representative and declare his/her intention to cancel the use in ways that can be confirmed and stored.
Regarding the preceding paragraph, if a minor deceives Realwith into believing his/her capacity by conducting unlawful acts, such as creating an account with personal information of an adult or using payment information of an adult without his/her consent, the minor’s use shall not be voidable.
Article 18 (Realwith’s Obligations)
Realwith does not engage in any prohibited or unfavorable acts, following the Acts and this Terms and Conditions, and does its best to provide continuous and stable service as prescribed by this Terms and Conditions.
Realwith does not send advertising e-mails for profit that users do not want.
Realwith must receive complaints from users by e-mail, etc. If an opinion or complaint raised by the user is objectively reasonable, it must be handled immediately and the reason and the processing schedule must be notified to the user, if it is difficult to handle immediately.
Article 19 (Mischarged Fee)
Realwith SHALL PROVIDE NO WARRANTY, EITHER EXPRESSLY OR IMPLIEDLY, WITH RESPECT TO THE SERVICES (INCLUDING THE SUBJECT CONTENTS), THAT THERE ARE NO DEFECTS (INCLUDING, WITHOUT LIMITATION, FAULTS WITH RESPECT TO SECURITY, ETC., ERRORS OR BUGS, OR VIOLATIONS OF RIGHTS) OR AS TO THE SAFETY, RELIABILITY, ACCURACY, COMPLETENESS, EFFECTIVENESS AND FITNESS FOR A PARTICULAR PURPOSE. Realwith WILL IN NO WAY BE RESPONSIBLE FOR PROVIDING USERS WITH THE SERVICES AFTER DELETING SUCH DEFECTS.
Article 20 (Damage compensation, etc.)
Realwith do not enter into any agreements or warranties on any particulars not specified in this Terms and Conditions with respect to the Service within the statutory limits. In addition, Realwith do not guarantee the reliability, accuracy, etc. of information, data, facts, or illegality posted on the Service by the founder or the user, and dol not take any responsibility except in cases of intentional or gross negligence by Realwith.
Realwith must compensate the user for damages in accordance with these Terms and Conditions and acts if the user suffers damage due to the fault of Realwith. However, Realwith must not be responsible for the following damages.
2-1. Realwith do not be liable for any medical practice based on Realwith data.
2-2. If Realwith is unable to provide Service due to natural disasters, wars, and other force majeure equivalent thereto, it shall be exempted from responsibility for providing Service.
2-3. Realwith must be exempted from responsibility in the event of damages caused by the carrier’s failure to suspend or provide telecommunications Service normally.
2-4. Realwith shall be exempted from responsibility for damages caused by unavoidable reasons, such as repair, replacement, regular inspection, and construction of Service facilities, except in cases of intentional or gross negligence.
2-5. Realwith do not be held liable for any failure or damage caused by the user’s imputation, except in the case of intentional or gross negligence of Realwith.
2-6. Realwith dol not be held responsible for damages caused by a user’s computer error, or for damages caused by the user’s poor personal information and e-mail address.
2-7. Realwith do not be held responsible for the failure or loss of the user’s expected profit using the Service.
2-8. Realwith do not be held liable for damages caused by data obtained by the user using the Service, except in the case of intentional or gross negligence of Realwith.
2-9. Realwith do not be responsible for compensating users for mental damage caused by other users who use the Service.
2-10. Realwith do not be obliged to intervene in disputes arising through the medium of Service between users and users and third parties, nor shall it be liable to compensate for damages caused by such disputes.
In the event that a damage occurs to Realwith due to an illegal act committed by the user while using the Service and the violation of the provisions of this Terms and Conditions, or that Realwith receives a claim for damages or various objections from a third party, the user shall compensate for the damage incurred to Realwith.
Article 21 (Resolution of Dispute)
Realwith shall apply and reflect the opinion or complaint made by User(s), and install and operate a process for compensation of consumers’ damages.
Realwith shall give priority to any opinion or complaint made by User(s). However, in the event that it may not be able to promptly deal with the matter, Realwith shall notify the User with the cause and the final settlement schedule.
When a User files for Remedy of Damage regarding a dispute between Realwith and the User, the matter may be commissioned for arbitration by the Fair Trade Commission or a Dispute Conciliation Services Organization selected by the City Mayor.
Article 22 (jurisdiction and governing law)
Matters not specified in this Terms and Conditions shall be governed by the laws and regulations of the Republic of Korea.
If a lawsuit is filed against a dispute arising from the use of the Service, the court having jurisdiction over the address under the Civil Procedure Act shall be the jurisdiction of the agreement.