Terms and Conditions
The purpose of these Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) is to set forth the terms and conditions and the general procedures for the use of TasteBuds (defined in Article 2) provided by The Ohm, Inc. (hereinafter referred to as the “Company”) to the Member (defined in Article 2). The Members agree to be bound by the Terms and Conditions, terms of TasteBuds and utilization policies, etc. and to abide by them when registering for TasteBuds or using the TasteBuds.
Terms used in the Terms and Conditions are defined as follows and the terms not defined herein follow the general business practice:
- “TasteBuds” refers to the service space, in which the users can use the Company’s services, provided by the Company through information and communication facilities and networks, or the entire TasteBuds service and additional services provided by the Company
- The “Individual Service” refers to the service provided by the Company, which is classified as an independent service by the Company, and includes additional services and materials provided in relation to the independent service.
- The “Member” refers to a person who has registered as a member of TasteBuds and is able to continue using Tastebuds provided by the Company.
- The “ID” refers to an account name set by the Member, approved by the Company, and registered for the purpose of identification and service usage.
- The “Password” refers to a combination of letters and numbers set by the Member and registered in TasteBuds for the purpose of verifying the identity of the Member and protecting the rights and the interests of the Member.
- The “Contents” refer to texts, drawings, photos, videos, reviews, locations, and other data, or any other form of transmitted and communicated information posted, registered, or transmitted through TasteBuds.
- The “Affiliate” refers to online and offline companies that provide services, various information and benefits to Members by signing a contract with the Company. Affiliates may be canceled or added according to the circumstances of the Company and the Affiliates.
Notification, Explanation, and Amendment of Terms and Conditions
- The Company must provide necessary information, such as the contents of the Terms and Conditions, name of the Company and representative, business address (including the address that manages customer complaints), contact information, e-mail address, business registration number, mail-order business registration number, information of the person-in-charge of personal information management, and etc., by posting on the relevant screens of TasteBuds so that the Members can check with ease. Provided, however, that the specific contents of the Terms and Conditions can be viewed by the Members through a connecting webpage.
- The Company may amend or revise (hereinafter referred to as the “amend”) the Terms and Conditions to the extent that it does not violate relevant laws and regulations.
- The Company will specify and notify through the relevant screens about the amendment of the Terms and Conditions, such as the date of application and reasons for the amendment, together with the current Terms and Conditions from at least 7 days prior to the effective date until a day before the effective date. If, however, the amendment is unfavorable to the User, it will be notified from 30 days before the effective date of the amendment.
- The Terms and Conditions amended in accordance with Paragraph 3 shall not be applied retroactively before the effective date, unless there are special regulations or other unavoidable reasons in the relevant laws and regulations.
- The Member is deemed to have agreed to the amended Terms and Conditions in the event that the Member does not explicitly express his/her intention to refuse after the effective date notified in accordance with Paragraph 3. Any Member who does not agree to the amended Terms and Conditions may request membership withdrawal. Notwithstanding the measures done in accordance with Paragraph 3, the Company is not responsible for any damage to the Members caused by ignorance of the fact of the amendment of the Terms and Conditions.
- The Company may have separate terms and conditions or utilization policies for each individual services the Company provides, and each separate terms and conditions or utilization policies that are applied separately for individual services will go through a separate consent process when a Member uses the individual service for the first time. The separate terms and conditions for individual services shall take precedence over the Terms and Conditions.
- Matters not stipulated in the Terms and Conditions and the interpretation of the Terms and Conditions shall be governed by relevant laws and regulations and commercial practice.
- If the provisions of the Terms and Conditions conflict with the compulsory laws of the Republic of Korea, the compulsory laws shall govern. In such case, the effect of other provisions is not affected.
Provision and Change of Services
The Company provides the following services:
- Information search, search results and Contents posting, registration, provision, etc.
- Services using location information
- Other services or tasks appointed by the Company
The Company may restrict, change, or terminate all or part of the service if it is impossible to change the service or maintain the service due to various circumstances such as shift in business, technical change, or legal obstacles. In such case of service termination, the Company will notify the contents about the suspension in advance through the notice screen or service-related screen, etc., or notify the users directly.
Membership Registration, etc.
- Anyone who wishes to sign up for membership shall apply for the membership by filling his/her information in the sign-up form prepared by the Company and give consent to the Terms and Conditions.
- The Company may reject or withhold approval of the application under Paragraph 1 if it falls under any of the following subparagraphs:
- If the applicant for the membership has a history of losing the membership;
- If one month has not passed since the Member’s request for withdrawal;
- If there is an obvious false entry, omission, or error in the Member’s information entered by the applicant for the membership;
- If, through the identity verification process by the Company, either the applicant is not verified of his/her identity, or it is confirmed that the applicant is not the applicant himself/herself;
- If the applicant is under the age of 14;
- If the Company evaluates that it is technically impossible to register the applicant for the membership as a member, or that it significantly interferes with the operation of the service or the maintenance and the management of the service.
- The membership contract will be established at the time when the approval of the Company reaches the applicant for the membership.
- If there is a change in the member’s information, the Member must reflect the change by modifying the member’s information, etc.
- The Company is not responsible for any damage to the Member caused by the Member not modifying the member’s information in accordance with Paragraph 4.
- The Company may restrict Members’ use of services or purchase of products, or may require Members to verify their age and identity, etc. in order to comply with the rating and age restrictions in accordance with relevant laws and regulations, such as the Promotion Of The Motion Pictures And Video Products Act and the Youth Protection Act.
Membership Withdrawal and Loss of Qualifications, etc.
- A Member may request the Company to withdraw from the membership at any time, and the Company will process the membership withdrawal immediately as soon as the Company becomes aware of the Member’s request to withdraw from the membership.
- The Members lose their membership qualifications when the Company cancels their membership, and the various benefits provided by the Company and the rights acquired as a member are extinguished.
- The Company may restrict or cancel the Member’s qualifications if the Member has any of the following reasons in the subparagraphs. If the Member loses membership, all benefits and rights as a member will be extinguished:
- If the Member entered false information in the member’s information or stole and used other people’s information;
- If the Member does not repay the debt borne in relation to the use of TasteBuds by the specified date;
- If the Member interferes with other people’s use of TasteBuds or the service;
- If the Company is unable to notify or contact the Member despite the Company’s considerable efforts due to reasons attributable to the Member, such as entering or not changing the member’s information, which includes contact number and e-mail address, etc.;
- If the Member violates law and regulations, the Terms and Conditions, and the utilization policies of the Company;
- If the Member behaves against public order and good morals.
- The Company, after his/her membership is restricted in accordance with Paragraph 3, may cancel the membership if the Member repeats the same act twice or more, or the cause of the act is not cured within 30 days.
- If the Company cancels the membership, the membership registration record is deleted, and the membership registration of the Member’s ID can be canceled altogether. In such case, the Company notifies the Member in accordance with Article 7, and gives an opportunity to explain by setting a period of at least 30 days before the cancellation of the membership registration.
Notice to Members
- The Company may notify the Member through e-mail address or contact information registered by the Member, and the Member agrees that the Company may use the contact information to give notices.
- In the event of giving notices to an unspecified Members, the Company may post the content on the notice board or relevant screens of TasteBuds for at least 7 days prior to the Notification, which may be substituted for individual notices to the Members. However, matters that have a significant impact on the Member’s own transaction will be notified individually.
Provision of Information and Publication of Advertisements
The Company may provide the Members with various information deemed necessary while using the service by posting on the notice board or relevant screens of TasteBuds, or by sending e-mails, SMS, SNS messages, app pushes, etc.
The Members may refuse to receive the e-mails, etc. at any time, except for information on procedures for fulfillment of obligations imposed on the Company in accordance with laws and regulations, answers to customer inquiries, and notifications on transaction-related information.
- The Company may post advertisements on the service screen, e-mails, SMS, and SNS messages in connection with the operation of the service, and provide the Members with a method for refusal of such receipt. The Members who have received e-mails, etc. with advertisements may refuse to receive them according to the method provided by the Company.
Obligations of the Company
- The Company shall not engage in any act that goes against the relevant laws and regulations or other public order and good morals, and do its best to provide services continuously and stably as stipulated in the Terms and Conditions.
- The Company does not send any commercial e-mails or app pushes, etc. for commercial purposes without the consent of the Members.
- The Company strives to resolve any justified opinions or complaints raised by the Members.
Obligations of the Member regarding ID and Password
- The Member is solely responsible for managing his/her own ID and password.
- The Member shall not provide, disclose, or allow a third party to use his/her ID and Password.
- The Member is responsible for any disadvantages, such as losses or damages, etc., caused by the Member not complying with the obligations of this article (including cases that the Member does not change his/her Password even after being aware of the leakage of his/her ID and Password or the use by a third party, or that the Member does not inform the Company of such circumstances or fails to respond to the Company’s measures, etc.).
Obligations of the Member
The Member shall comply with the provisions of the Terms and Conditions, the utilization policies, and relevant laws and regulations, etc., and shall not engage in other acts that interfere with the business of the Company.
The Member shall not engage in any of the following acts:
- Improper or unfair use which does not conform to the general practice, such as interfering with the Company’s service provision or taking unfair advantage of by using TasteBuds or the service provided by the Company;
- Act of using the service or accessing the information processing system of the Company in an abnormal way other than the service usage method provided by the Company;
- Act that is not relate to the service provided by the Company or is unreasonable, violates public order and good morals, or violates laws and regulations;
- Other Acts that infringe or threaten the rights of the Company or a third party, or threaten the social order.
The Company may restrict or cancel the membership, or take civil and criminal actions, etc. against the Member who has violated Paragraph 2.
In relation to Paragraphs 2 and 3, the Company may set specific contents in terms of the utilization policy.
Protection of Personal Information
The Company collects the minimum amount of personal information to the extent necessary to provide services while collecting the Members’ personal information.
The Company notifies the Member of the purpose and obtains consent when collecting and using the Member’s personal information.
The Company cannot use the collected personal information for any purpose other than the intended purpose, and the Company will notify the Member of the new purpose and obtain consent when a new purpose of use occurs or if it is provided to a third party. Provided, however, that the Company does not have to notify the Member and obtain consent if the relevant laws and regulations stipulate otherwise.
If the Company needs to obtain the Member’s consent in accordance with Paragraph 2 and 3, the Company shall specify or notify in advance of matters stipulated in the Act On Promotion Of Information And Communications Network Utilization And Information Protection, Etc., such as the identity (affiliation, name, and contact information) of the person-in-charge of personal information management, the purpose of collection and use of personal information, and the provision of information to third parties (recipients, purpose of provision, and contents of information to be provided), etc. The Member may withdraw his/her consent at any time.
The Member may request to view and correct errors in his/her personal information retained by the Company at any time, and the Company shall take necessary measures without hesitation. If the Member request correction in his/her personal information, the Company will not use the Member’s personal information until the correction is completed.
In order to protect personal information, the Company shall limit to a minimum the number of people who handle the Members’ personal information. The Company is responsible for any damage to the Members due to loss, theft, leakage, provision to a third party without the Members’ consents, falsification, etc. of the Members’ personal information due to reasons attributable to the Company.
The Company or the third party who has received personal information from the Company shall destroy the personal information without delay when the purpose of collection or provision of the personal information has been achieved.
The Company specifies the services that are limited when consent is refused for the collections, use, and provision of personal information. The Company does not restrict or reject the provision of services, such as membership registration, on the grounds of refusal of the Member’s consent for the collection, use, and provision of personal information, which is not a mandatory collection item.
The Company may provide the Members’ personal information to third parties within the scope permitted by laws in the following cases:
- In case a request is made to provide information in accordance with due process form an investigative agency or other government agencies;
- In case it is required to check whether the Member has engaged in illegal acts such as violating relevant laws and regulations;
- In case a transaction is concluded, and it is required for its implementation;
- In case it is required for the return, exchange, refund, cancellation process, etc.;
- Other cases required by relevant laws and regulations.
Intellectual Property, etc.
- All Contents posted or registered on TasteBuds or delivered through TasteBuds (including post-related ‘rating’, ‘review’, ‘photo’, ‘comment’, and other acts to express a specific intention, and all Contents registered, posted, sent, or received by the Members, etc. while using TasteBuds) are provided to the Members only for the purpose of using the service, and are protected by relevant intellectual property rights.
- All relevant rights such as copyrights and intellectual property rights for works created by the Company belong to the Company. The Company grants only the rights to use the account, ID, Contents, etc. to the Member in accordance with the terms and conditions wet by the Company in relation to the service.
- The Member shall not use or permit others to use any and all Contents posted or registerd on TasteBuds or delivered through TasteBuds by way of collecting, revising, replicating, transmitting, publishing, distributing, broadcasting, etc. without prior written consent from the Company.
- In relation to the Contents created, registered, and posted by the Member, the copyright and relevant intellectual property rights, etc. belong to the Member, and the Member solely bears all the responsibilities in case such Contents infringe on the rights of others or violate laws and regulations, etc.
- The Member, in relation to the Contents created, registered, and posted by the Member, exclusively grants the rights (the right to reproduce, distribute, transmit, or display and the right to modify and edit without altering the essential contents) to the Company for the purpose of providing, maintaining, developing, promoting, etc. of the service. In addition, the Member exclusively entrusts the Company with the right to exercise the Member’s copyright and intellectual property rights and to take appropriate legal action on his/her behalf in relation to the Member’s copyright and intellectual property rights.
Contents posted or registered by the Member
The Member is fully responsible for all Contents registered or posted by the Member on TasteBuds, and the Company may delete the Member’s Contents without bearing any responsibilities and without prior notice if it is determined that it falls under any of the following subparagraphs:
- In case of insulting, slandering, demeaning, or defaming others;
- In case of containing information that can be used for criminal or illegal activities; • In case of infringing other people’s copyrights, trademark rights, etc.; • In case of containing pornography or content that may cause sexual humiliation or shame in the public (including content that may link to a website, an app, etc. which contains such content); • In case of containing sexually explicit content that may harm the mental and the physical health of children and adolescents; • In case of exposing a specific person’s personal information; • In case of direct or indirect profit-seeking content, such as introducing and selling a specific product, recommending purchasing or using it, or inducing contact; • In case it does not meet the purpose of TasteBuds or contains content irrelevant to the purpose of the service; • In case of containing the malicious code that can cause damage such as system performance degradation or personal information leakage of other Members, the Company, and other third parties when the malicious code or spyware is executed; • In case the content interferes with the business of the Company without justifiable reasons; • In case of any other content that violates the Terms and Conditions or laws and regulations, or goes against public order and good morals. • The Contents created by the Member before membership withdrawal are not automatically deleted by the withdrawal. With withdrawal from membership, the member information is deleted making the creator of the Contents unidentifiable, and thus editing or deleting the Contents created by any withdrawn Member is fundamentally impossible. • If the Member’s Contents contain matters that violate relevant laws and regulations, such as the Act On Promotion Of Information And Communications Network Utilization And Information Protection, Etc., the Personal Information Protection Act, the Copyright Act, etc., the right holder may request the Company to suspend or delete the posting in accordance with the procedures stipulated by the relevant laws and regulations. In such case, the Company will take necessary measures in accordance with the relevant laws and regulations. • Even if the right holder does not make a request pursuant to Paragraph 1, the Company may take temporary measures, etc. on the postings in accordance with the relevant laws and regulations if there is a reason for the violation of rights in the Member’s Contents or if it is recognized as violating the Company policies and relevant laws and regulations.
Consent of the Member
The Member agrees to the following subparagraphs when using this service:
- The Member shall not access TasteBuds for any purpose other than the general service use.
- The Member shall not use robots, spiders, scrapers, crawlers, or other automatic devices to access TasteBuds app or website or the systems related to the Company’s service provision.
- The Member shall not take any approach, access, or action that may increase or possibly increase an unreasonably or excessively large burden on the operating system, etc. of TasteBuds.
- The Member shall not use any technical measures, processes, programs, etc. that can monitor or copy technical contents, regardless of the name or the form, in relation to TasteBuds and the services provided by the Company.
- The Member shall not use any devices, programs or routines that interfere with or attempt to interfere with any function or content, regardless of the name or the form, in relation to TasteBuds and the services provided by the Company.
The Company’s Exemption from Liability
- If the Company cannot provide the service due to a natural disaster or force majeure equivalent thereto, the responsibility for the provision of the service by the Company is exempted.
- The Company is not responsible for any obstacles to service use due to reasons attributable to the Member.
- The Company is not responsible for the loss of the revenue expected by the Member using the service, and the Company is not responsible for any damage caused by data obtained through other services.
- The Company is not responsible for the reliability and the accuracy of information, materials, facts, etc. of the Contents posted or registered by the Member.
- The Company is not responsible for any matters related to the transaction or exchange made between the Members or between the Members and third parties through the service of the Company.
- The Company is not responsible for the use of services provided free of charge unless there are special provisions in the relevant laws and regulations stipulating otherwise.
Jurisdiction and Governing Law
The Terms and Conditions and all disputes and disagreements between the Company and the Member shall be governed by and construed in accordance with the laws of Republic of Korea without regard to the conflict of law principles thereof.
In the event of a dispute arising between the Company and the Member in relation to the Terms and Conditions and the use of the service, the parties shall file the lawsuit at Seoul Central District Court, Republic of Korea, of which the parties hereby irrevocably consent to the exclusive jurisdiction for any disputes arising from the Terms and Conditions and the use of the service.
Effective Date of Article 1 The Terms and Conditions will be applied from [January 20, 2021].
This document was originally written in Korean. In the event of conflict between the Korean and the English versions, the Korean version shall prevail.