Terms of Service

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Chapter 1. General Provisions

Article 1. Purpose

The purpose of these Terms and Conditions ("Terms") is to set forth the general matters such as rights, obligations, and procedures between the Members and Koscom ("Company") in connection with the Internet-based services provided by Datamall which the Company's Financial Information Services Team is in charge of operating..

Article 2. Definition of Terms

  1. ① The definition of the Terms shall have the following meanings:
    1. 1. Datamall: It shall refer to a virtual business establishment where the Company provides wide range of stock information generated in the stock market to Members by using information communication devices such as computers. Also, it shall refer to the business-owner who operates the Datamall.
    2. 2. User ID: It shall refer to a letter(s), number(s) or combination of them set by Members, and approved and registered by the Company for the purpose of Member identification, as well as their use of service.
    3. 3. Password: It shall refer to a combination of letter(s) and number(s) selected and registered by Members in order to identify a member with a given ID, and to protect Member's confidentiality and rights.
    4. 4. Member: Any individual or corporation that completed the service usage contract with the Company and obtained approval from the company by applying User ID. Based on service scope and range provided, there are three types of members; General Member, Paid Member and Premium Member.
    5. 5. General Member: Any member who is entitled to all services, except for the specialized services, and is charged on measured rate.
    6. 6. Paid Member: Any member who is entitled to all services, except for specialized services, and is charged on flat rate. In case that total amount of downloaded data per month or year exceeds a certain limit, the excess amount is to be charged on measured rate.
    7. 7. Premium Member: Any member who is entitled to specialized services and is charged on flat rate. Types and capacity of accessible services are grounded in each related agreement.
    8. 8. Measured Rate: The charges are calculated based on the price list per data item.
    9. 9. Flat Rate: As fixed monthly payment is made, Members shall use services provided by the Company without additional charge.
    10. 10. Specialized Services: The Company allocates services per Member as personalized services.
    11. 11. Termination of Membership: It shall mean that corporation or individual terminates the usage agreement after service was initially provided.
    12. 12. System Administrator: It shall refer to a person selected by the Company for overall management and operation of the services.
    13. 13. Other terms expect for defined at the Paragraph 1 shall follow the trade practices and related statutes.

Article 3. Specification, Explanation and Amendment of the Terms

  1. ① The Company shall post the contents of the Terms, the name of the Company, agents, the address of the business location (including the address where Member’s complaints shall be responded), the contact number, the facsimile telegraphy number, and the email addresses at the Website's main page. Also, the contents of the Terms shall be accessed via link for users.
  2. ② The Company is entitled to amend the Terms to the extent that the amendments do not violate other related statutes, such as Telecommunications Basic Act, The Telecommunications Business Act, and The Act on Promotion of Information and Communication Network Use.
  3. ③ In case where the Company amends the Terms, the Company shall disclose the amendment, the effective date of amendment, and the reasons for amendment on the main page of the Datamall 7 days prior to effective date until the previous day of amendment along with the current Terms. However, if any amendment is disadvantageous to Members, the Company should notify such amendment with at least 30 days of a grace period. In this case, the Company should clearly compare the amendment of the Terms and post them for Member's acknowledgement.
  4. ④ In case where the Company amends the Terms, the amended Terms shall apply only to the Agreement completed after the effective date, therefore, the Terms of the preceding amendment shall remain in effect for the Agreement completed before effective date. However, in case where any Member who already completed the Agreement but wish to be applied by the amended Terms, express such intention to the Datamall, and acquire consent by the Datamall within the period specified in the Paragraph 3, the amended Terms shall be in effect.
  5. ⑤ Any matter not specified in this Terms or interpretation of the Terms shall be governed by the Act on the Consumer Protection in the Electronic Commerce Transaction, Regulation of Standardized Contracts Act, and the Act on Consumer Protection in Electronic Commerce established by the Fair Trade Commission.

Chapter 2. Completion of Service Usage Agreement

Article 4. Establishment of Agreement

The service usage Agreement (“Agreement”) shall be established with the Company's consent for the use of the service application submitted by those who intend to use the service.

Article 5. Application for Service

  1. ① To use the service, those who intend to use the service shall apply by completing the procedure to consent the Terms of the Datamall in the 'Registration' tap, then by filling out the required details on the Company's membership application form, and finally clicking the 'Register' button.
  2. ② By clicking the 'Agree' button, those who intend to use the service shall be deemed to agree to the Term.
  3. ③ All Member's information entered into the online application is deemed to be corresponded with actual data. In case where real-name or actual information is not provided, legal protection may be restricted and using the service may be limited.

Article 6. Approval of Service Application

The Company shall approve the application of service use for Members, who apply in accordance with the Article 5.

Article 7. Limitation or Postponement on Approval of Service Application

  1. ① The Company may disapprove the service application in the following cases:
    1. 1. Application is submitted under another name or with a different name other than the name in the resident registration;
    2. 2. Application is submitted with false information
    3. 3. Applicant is a debtor of the Company and is failed to reimburse the debt
    4. 4. Applicant has the history that the service agreement has been cancelled pursuant to the Article 22 Paragraph 2 of the Terms.
    5. 5. Application is submitted for the purpose of undermining or disrupting social morality or public order
    6. 6. Applicant uses the same or similar ID with forcibly terminated Member’s ID by violating the Article 18 Paragraph 1; this shall be deemed to impair the operation of the Company.
  2. ② The Company shall not accept the application submitted by those who is under the age of 14.
  3. ③ The Company may defer the approval of Service use until the below reasons are resolved and notify such reasons via Datamall.
    1. 1. In case of insufficient facilities (equipment)
    2. 2. In case of technical or operational disruption

Article 8. Change in Service Usage Agreement

  1. ① In case of changes in information entered during the application, the Member shall modify the information online.
  2. ② The Member shall be responsible for any problems caused by the Member's failure to modify the changed information or by deliberated change with false information.
  3. ③ The Company may restrict the use of the ID or change the ID upon the Member's request under any of the followings:
    1. 1. ID disrupts social morality or public order
    2. 2. ID violates the Member's privacy
    3. 3. Other reasonable cases

Chapter 3. Use of Service

Article 9. Commencement of Service Usage

The Company shall commence provision of the Service upon acceptance of the application submitted in accordance with the Article 6. However, in the event that the immediate commencement of the Service is not feasible due to operational or technical failure of the Company, the Company shall notify this via Datamall or directly to Members.

Article 10. Notification for Members

  1. ① In event that the Company needs to notify Members in relation to Datamall, the Company shall use the E-mail address registered to the Company.
  2. ② If necessary, the Company shall add or change the contents of the Service, and notify such additions or changes via Company's website.
  3. ③ In case where notification is for unspecified majority of Members, the Company shall post such notification on the Website for 7 days prior to the effective date of such notification, and this shall replace separated notification to each individual Members.

Article 11. Time Period for Service Use

  1. ① The Service shall be available 24 hours in a day, 365 days all year around. However, the Company shall restrict the entire or partial usage of service due to operational or technical reasons, such as regular inspection, repair, replacement and malfunction; and the Company shall notify such event in advance or later.
  2. ② The Company shall designate separate usage hours for certain Services, and notify this to Members.

Chapter 4. Usage of Charged Service

Article 12. Establishment of Agreement for Paid Member and Premium Member

  1. ① The Agreement for Paid Member and Premium Member shall be established as they agree the terms and conditions of the Website operated by the Company, apply for charged membership, and then Company approve it. Or Paid Member and Premium Member shall fill out and submit membership registration application form provided by the Company, and then the Company approves it for the service.
  2. ② The time period for Paid Members and Premium Members shall be 1 month or 1 year effective from the date Agreement states. In case Member pays the fee annually, they are subjected to receive a discount on the fee at a certain rate set by the Company.

Article 13. Service Fee and Payment Method for General Member

  1. ① The Service fee and payment method shall be based on the Company's price policy which is in accordance with the website's notice or Membership application.
  2. ② If total cost of downloaded data is less than or equal to 5,000 KRW, then basic fee of 5,000 KRW will be charged.
  3. ③ 5% from Service fee payment can be stored as mileage for future payment.
  4. ④ The payment less than 1,000 KRW (including Value Added Tax) shall be eliminated.
  5. ⑤ The payment method of the Service shall be selected one from the following:
    1. 1. Credit card registered with Member's name
    2. 2. Wire payment sent with Member's name

Article 14. Change of Payment Method

If payment method is changed during the Agreement period, such changed method shall be effective from following month.

Article 15. Change in Payment Method

  1. ① If a Member has any objection to the Service fee charged by the Company, such objection shall be filed via wire or E-mail, and the Company shall notify immediately after relevant investigation is completed.
  2. ② The Company shall refund overpayment of fee upon request from the Member or offset the amount for a next month's fee. And if the Company charges a Member less than the right amount and the Member pays such amount, the Company shall not act adverse against the Member.

Article 16. Termination and Refund of Charged Service

  1. ① In case of interim termination during the period of charged Service Agreement, the remaining amount shall be refunded after deducting the bigger amount between the total price of downloaded data or the Service fee for the period of usage.
  2. ② The Service fee related to the preceding paragraph shall be calculated as followings. In this case, full amount will be charged for the termination date or month.
    1. 1. Monthly-paid Member: Calculate per day
    2. 2. Annually-paid Member: Calculate per month

Chapter 5. Obligations of Agreement Parties

Article 17. Company's Obligation

  1. ① The Company shall exert its best efforts to provide continuous and stable service as set forth under this Agreement.
  2. ② The Company shall do its best to secure the Member's personal information including credit information, and to establish the technical safety measurement for protection.
  3. ③ The Company shall promptly deal with any comments or complaints raised by Members if they deem to be justified. If prompt handling is not possible, then the Company shall notify the reason and further plan to Members.
  4. ④ The Company shall do its best to provide convenience to Member in relation to the establishment of the Agreement, change or withdrawal of the Agreement, and procedures and details of the Agreement, etc.
  5. ⑤ The Company shall do its best to maximize Member's satisfaction and to contribute to the development of the Internet business by providing services with quality via continuous research and development, and fair and wholesome operation.

Article 18. Member's Obligation

  1. ① In terms of using the Service, the members shall not do following:
    1. 1. Registering false personal information or overlapping Registration
    2. 2. Stealing other's Service ID and password
    3. 3. Violating other's intellectual property rights
    4. 4. Defaming other's reputation or invading other's privacy
    5. 5. Expressing abusive, obscene or violent content on bulletin board or dialogue room
    6. 6. Disclosing or distributing false information inadvertently or intentionally
    7. 7. Sending large amounts of information or posting the same or similar information repeatedly which disrupting stable operation of the Service
    8. 8. Sending advertisement-like information in large quantities or continuously via E-mail at the same time against recipient's will or posting such information on bulletin board which impeding other Members from using the service
    9. 9. Spreading computer viruses which cause malfunction of telecommunication facilities or destruct the information
    10. 10. Duplicating, distributing, or making commercial use of information obtained from the Company's Service without prior consent from the Company
    11. 11. Disrupting the management or work of the Company, or preventing the operation of the Service
    12. 12. Engaging in illegal political campaigning
    13. 13. Harming other fine customs, violating relevant laws, and infringing the Terms and operation regulations;
  2. ② The Member must pay close attention to the ID and password management. The Member shall be responsible for the management of ID and password except in the case of the Article 17, and the Member shall not let any third party use ID and password. Therefore, the Member shall be responsible for consequences resulting from negligent management of ID and password unless the Company causes such result intentionally or is responsible for such result. The Member shall notify the Company of any fraudulent use of ID or password.
  3. ③ The Member shall not conduct commercial activities for profit by using the Service without prior written consent from the Company. The Company shall not be responsible for the consequences of any such activities, and in the case any damage is caused to the Company, the Member shall be liable for compensation.
  4. ④ The Member shall not transfer the rights of using the Company’s Service or other rights related to the Agreement to others without consent from the Company, and shall not dispose such rights as collateral.

Article 19. Deletion of Contents or Postings

  1. ① The Company shall revise, delete or restrict access without prior notice, if posted materials or forwarded messages (including communication between the Members) related with the service, fall under the following conditions. Also, the Company shall not be liable for this.
    1. 1. Posting that slanders the Company, other Members or any third party (such as personal attack, insult, spreading false information, canard, etc.) or damages their reputation
    2. 2. Posting that contains messages violating social morality or public order
    3. 3. Posting deemed to be criminal, such as aggravating violence, delinquency, and crime
    4. 4. Posting that contains materials or contents violating the Company's copyrights or other legal rights
    5. 5. Posting that instigates emotional conflict and division for certain regions, religions, and groups
    6. 6. Posting unrelated to the Services provided by the Company (such as pornography, instigation of gambling, advertising certain products or websites, recruitment or loans advertisements, etc.)
    7. 7. Posting that illegally copies other Member's ID, pen name, or real-name; or counterfeits other Member's information without permission
    8. 8. Posting that is distributing illegal data (such as illegal SW, etc.)
    9. 9. Postings that is containing computer viruses
    10. 10. Posting that is unrecognizable due to data corruption
    11. 11. Posting with identical or similar content repeatedly
    12. 12. Posting that is seemed to be inconsistent with the characteristics of bulletin board or to disrupt healthy discussion environment
    13. 13. Posting that is suggesting investment (such as buying, selling, other investment, etc.) repeatedly without clear grounds
    14. 14. Posting that is deemed to violate other related statutes and the Company's policy
  2. ② The Company shall appoint a certain period for putting up or saving postings, and such period may be changed if necessary.
  3. ③ For some bulletin boards with have a high number of postings, the number of postings shall be monitored and managed for stable server operation. And any postings need be preserved shall be saved individually as data shall be possibly corrupted due to irresistible failure

Article 20. Intellectual Property Right

  1. ① The copyright and other intellectual property rights of the Service created and provided by the Company belong to the Company. The Members shall not let others use the Services for commercial purposes or copying, transmitting, publishing, distributing, or broadcasting without prior consent from the Company.
  2. ② The rights and responsibilities of postings and materials posted by Members related to the Service shall lie with the Members who posted them. The Company shall have the right to manage postings and materials posted by the Members and shall not use such positing for commercial purpose without prior consent from the Members.

Chapter 6. Restriction on Use of Services and Termination of Agreement

Article 21. Restriction on Use of Services

  1. ① The Company may restrict the Member's use of the service if the Member violates the obligations of the Article 18.
  2. ② In event that the Members ' use of the service is restricted in accordance with the Paragraph 1, specific standards of restriction, such as restriction type and period, shall follow separate policy.

Article 22. The Procedure of Restriction on Use and Termination of Agreement

  1. ① In case the Company intends to restrict the use of the service, then relevant reasons, effective date and period of such restriction shall be notified to the Members or agents via E-mail or telephone. However, if the Members who posted advertisement, constant postings or performed illegal activities are unable to be reached, the Company shall not have to notify the termination to the Members.
  2. ② The Members and agents who have been notified of the restriction in accordance with the Paragraph 1 may raise the objection of such decision to the Company via E-mail or written materials.
  3. ③ The Company shall temporarily suspend the restriction upon the objection in accordance with the Paragraph 2. The suspension shall be effective during the process of verifying the objection and the Company shall notify the outcome to the Members or agents accordingly.
  4. ④ The Company shall lift the restriction during the restriction period, if there are reasonable grounds such as settlement of the objection.

Article 23. Termination of Agreement

  1. ① The Members shall terminate the Agreement at any time by notifying the intention to the Company. In this case, the Company shall process the termination request in a short time.
  2. ② After the Company restricts the Member's use of service in accordance with the Article 22, the Company shall terminate the Service if such violation is repeated twice or more times, or it is not corrected within 30 days.
  3. ③ In case any Member, who withdraw the service in accordance with the Paragraph 2, applies for the Service again, the Company shall refuse to accept the application or defer the decision for a certain period.

Chapter 7. Compensation for Damage

Article 24. Compensation

  1. ① The Company shall be liable for compensating the Members for damages caused by Company ‘s intention or negligence in connection with the Member's use of the services.
  2. ② The claims for damages shall be accompanied with reasons for claim, amount of the claim and basis of calculation in writing submitted to the Company.
  3. ③ The limit for damages shall be defined within the settlement amount for General Members, and within monthly usage fee for Paid and Premium Members.

Article 25. Indemnification

  1. ① The Company shall be entitled to indemnification in case of natural disasters, war or other force equivalent of force majeure as the Company is exempted from the responsibility for providing the Services.
  2. ② The Company shall not be liable for any failure or damages to the Service caused by the Members.
  3. ③ The Company shall be exempted from liability in case that damages caused by telecommunication company's suspension or failure of the Service.
  4. ④ The Company shall be exempted from liability in case that damages caused by unavoidable reasons such as repair, replacement, regular inspection, and construction of the Service facilities.
  5. ⑤ The Member shall be responsible for the security of the required information (mobile phone number, resident registration number, etc) during the membership registration in connection with the Service provided by the Company. And the Company shall not be liable for the damages caused by the leakage of financial information such as ID, password and credit card number due to intentional or negligence of the Member without the Company's influence.
  6. ⑥ The Company shall not be liable for the damage caused by the errors caused from the Member’s company, or the Member's poor registration of personal information and E-mail address.
  7. ⑦ The Company shall not be liable for damages caused by data obtained from the Member's use of the service. In addition, the Company shall not be responsible for compensating any mental damages of Members caused by other Members while using the Service.
  8. ⑧ The data and analysis from the Company are intended to provide information for the investment decision. Therefore, any responsibility for the investment lies entirely with the Member who is using the information.
  9. ⑨ The Company has no obligation to intervene in disputes between the Member and the third party in relation to the Service, thus, is not responsible for compensating any damage caused.
  10. ⑩ The Company shall not be responsible for reliability and accuracy of the information and data, posted by Members via the Service.
  11. ⑪ The Company shall not be responsible for any validity, compliance, legal rationality or compliance related with copyright of any contents posted in the linked website by the Company or affiliated company (other online websites), and not liable for any damages caused by them.

Annex

Article 1. Effective Date

These Terms shall be effective from May 3rd, 2004.


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