- 1. Purpose
The Terms of Use set out bellow (“Terms”) are between Cafe24 Corp. (“Cafe24,” “we” or “us”) and the merchants using Cafe24 Partners (Themes) (“partners” or “you”), and define their rights and obligations, as well as other necessary matters regarding the use of the relevant service. These Terms are aimed at protecting the mutual rights and interests of all parties and contributing to mutual prosperity.
- 2. Definitions
- ① 2.1. The following terms shall be defined as follows within these Terms of Use:
- 1. “Cafe24 Partners (Themes)” (hereinafter referred to as “Service”) shall mean the space in which partners can register, operate and manage their own themes.
- 2. “Store” shall mean the virtual store in which customers can buy themes that have been registered.
- 3. “Themes” shall mean the themes and other goods registered by partners under a specific category selected by Cafe24.
- 4. “Price” shall mean the price of products that are registered for sale.
- 5. “Sample account” shall mean the sample account generated based on our online store solutions, including Smart Themes, global themes, and mobile store themes.
- 6. “Default domain” shall mean the domain automatically generated upon the creation of a Cafe24 account, based on the following format: id.cafe24.com (shop1.id.cafe24.com) or shop2 to 6.id.cafe24.com for every new multi-language store.
- 7. “Account (ID)” shall mean the account that is created once you create an account according to the procedures we have established.
- 8. “Customers” shall mean the users who access the Store to purchase a theme.
- 9. “Website” shall mean the website we operate on which each service’s content and terms of use are described in relation to theme purchases.
- ② Any terms that are not mentioned in the previous paragraph shall be construed in accordance with cafe24’s service guide or commercial practices.
- 3. Publishing and Changing these Terms
- ① These terms will be published on our website’s home page to ensure that you can easily find them.
- ② If the Terms change, we will notify you of the changes seven (7) days prior to the effective date by posting a notice that includes the reason for revision and the effective date on our home page or pages linked to the latter.
- ③ By not disagreeing to the changes, despite the fact that we clearly mentioned in the previously mentioned notice that no expression of disagreement before the effective date will be understood as an agreement to the changes, you are expressing your consent with the new Terms. If you do not agree to the modified Terms, you may cancel your Service Use Agreement.
- ④ We reserve the right to define different Terms and Conditions and operating policies for each service, and you must comply with them.
- 4. Establishing the Service Use Agreement
- ① After you accept these Terms and sign up for the use of the Service, we will screen your application and conclude a Service Use Agreement.
- ② We shall regard the account information (ID) you entered upon registration as your information, and shall consider the name of the account (ID) as a contracting party of the agreement.
- ③ We may not conclude a Service Use Agreement in the following cases:
- 1. If you sign up using fake or third-party information;
- 2. If you forget to submit or do not submit necessary information or documents, or if they contain false information;
- 3. If you have a history of having violated a contract related to any of our services or if you have any remaining unpaid bills;
- 4. If you are a child aged 14 or under who has signed up without the approval of a legal representative;
- 5. If you sign up on the basis of sexual content or other information that violates moral principles; or,
- 6. If we cannot approve your account due to reasons attributable to you or because your information does not comply with our operating policies.
- ④ We may postpone the conclusion of the Service Use Agreement in the following cases:
- 1. In case of national state of emergency, such as natural disasters and war;
- 2. If we are in a difficult situation for a reason that hinders the performance of our tasks;
- 3. If it becomes difficult to maintain quality, or if we lack in necessary material or human resources; or,
- 4. If it becomes difficult for us to offer stable services because of other reasons.
- ⑤ If a situation described in paragraph 3 or 4 herein occurs after we have entered a Service Use Agreement, we may withdraw our consent to the aforementioned Agreement through prior notice in accordance with Article 6 herein.
- 5. Protecting Personal Information
We take on the necessary administrative and technical measures to secure the safety of personal information in accordance with laws related to personal information, and protect your personal information in accordance with our Privacy Policy.
- 6. Notifying Partners
Unless otherwise specified outside of these Terms, when sending out notices, we will notify you through email or SMS to the contact information you shared with us. However, if we wish to notify all or many of the partners, we may post the information on our website’s “Notices” section for at least 7 (seven) days instead of sending direct notices.
- 7. Beginning our Services
- ① We will begin the services after completing the preset procedures as long as there are no special circumstances. However, if we cannot directly begin the services, we will notify you of the reason and the date of launch according to Article 6 herein.
- ② We will provide our services 24/7 unless we encounter business or technical issues. Certain services, however, may be provided only during a set time slot.
- 8. This Service
- ① The Service we provide under these Terms offers the following features:
- 1. Themes management (Smart Themes, Global themes, Mobile store, others)
- 2. Reviews and customers inquiry management;
- 3. Sales and reports;
- 4. Partner support and customer management;
- 5. Translation services and customer service support (additional fees); and,
- 6. Services offered by other companies.
- ② We reserve the right to newly organize or modify the Service’s content and terms by giving prior notice according to Article 6 herein.
- ③ Matters not determined in this article shall comply with the guidelines of each relevant service on our website.
- 9. Using the Service
- ① You may use the Service after signing in with the account information (ID, PW) you received in accordance with the online store’s Terms of Use (Global version).
- ② You must completely understand each service’s content and terms of use that are explained on our website before using the Service.
- ③ Once you have created a sample account, you must operate and manage it under your own responsibility. Note that your sample account will automatically be deleted if you do not register a theme within ninety (90) days after its creation and you cannot recover deleted sample accounts.
- ④ Your themes’ licenses can be applied as follows. Note that if default domains are changed due to Cafe24 solution updates or for other reasons, the existing license must be transferred to the new default domain without the need to purchase another license.
- 1. Smart Themes - One (1) license for one (1) default domain
- 2. Themes that can be applied to multi-language stores:
- 1) The domain issued upon creating a multi-language store, “id.cafe24.com(shop1.id.cafe24.com),” is viewed as one (1) default domain which is thus attributed one (1) license.
- 2) One (1) license is attributed to each additional domain issued upon adding another multi-language store (shop2 to 6.id.cafe24.com).
- 3. You may separately set the number of times for which each default domain can be used.
- ⑤ You must include taxes and other fees in the price of your products when registering them in the Store. Note that taxes and fees may vary depending on the country.
- ⑥ You must not receive or request to receive the sales revenue through a method other than that specified by Cafe24.
- ⑦ You must add thumbnails according to the guide on uploading thumbnails.
- ⑧ You must make sure that you do not display more than one (1) of each theme nor upload an excessive number of themes at once.
- ⑨ Differences in server environments may make it difficult to create or copy a sample account (website) or may prolong the process.
- ⑩ In the case of an age-restricted (over 19 years old) sample account (website), you must follow the related statutes, such as adding a relevant splash screen and an age verification feature.
- ⑪ You must submit a product that will not have any copyright issues, such as a product you or your company have developed yourselves that will not infringe the rights of any third party or a theme for which the original developer has clearly given you permission to use it. In addition, even if you submit your own theme, you must notify us in advance and obtain relevant permissions if your product could face copyright issues or if you wish to add pictures of celebrities or other public figures.
- 10. Fees
- ① The fees relating to the use of the Service are as follows:
- 1. Commission fee: 20% of the price (including VAT)
- 2. Translation and Customer Service fees: 10% of the price (including VAT)
- ② Notwithstanding the previous clause, we may decide upon a different commission fee after a separate agreement with you.
- ③ The fees defined under this Article will be paid by deducting them from the sales revenue. We will share the related supporting documents (tax invoices, invoices, etc.) with you according to the set schedule.
- 11. Payment of the Sales Revenue
- ① In accordance with our payment standards, we will either directly pay the sales revenue related to the themes that are traded in Cafe24 Store or designate a payment agency to do it for us.
- ② We may decide that you must sign up for or enter into a contract with the payment agency we designated as a prerequisite for using the Service. In this case, you can start using the Service once you have completed the previous step. When necessary, we may request a copy of your business registration certificate, a copy of the bank account under your corporate name (or the name of the representative), a corporate/personal seal certificate, settlement documents, or other papers.
- ③ We will not be held responsible if you do not receive the sales revenue because you violated your agreement with the payment agency or its policies.
- ④ The bank account your register to receive the sales revenue must be under your name and you must update your account information as soon as it changes. We will not be held responsible if you do not receive the sales revenue because you did not follow the rules defined in the previous clause.
- ⑤ Service fees, payment fees, taxes and other fees will automatically be deducted from the sales revenue. Related supporting documents (statement of accounts and others) will be shared with you in accordance with the set schedule.
- ⑥ We may withhold a payment if the customer or payment agency objects to it or for other reasons that require that we hold off the payment.
- ⑦ Notwithstanding this Article, if you enter a separate agreement with us, that agreement will be followed.
- 12. Orders and Inquiries
- ① You must respond kindly and genuinely to the inquiries of your customers with regard to the sale of your themes.
- ② You must take appropriate measures (send your theme again) if you fail to provide your theme correctly to a customer who ordered it for reasons such as failures or errors.
- ③ You must inform us and your customers immediately if you are facing technical/administrative issues that impede your transactions.
- ④ While operating and managing your themes, you must make sure to not violate common practices or related laws, and must not impose unreasonable demands or circumstances on your customers.
- ⑤ Even if these Terms are canceled, you shall be responsible for fulfilling the orders that were place before the cancellation date.
- 13. Cancellations and Refunds
- ① You must immediately proceed to canceling or refunding a transaction in the following situations:
- 1. If the theme you provide is different from its description;
- 2. If the payment was processed more than once because of a system failure;
- 3. If the theme cannot be used properly because it is faulty; or,
- 4. If the theme cannot be provided properly due to your own mistake.
- ② If you deliberately avoid our attempts to contact you or are out of contact (more than two (2) attempts; once every two (2) days) we have the right to refund the customer and deduct the amount from the sales revenue.
- 14. Our Rights and Obligations
- ① We will do our best in providing the Service so as to ensure that partners can use it reliably.
- ② We will strive to maintain the facilities and equipment for the Service regularly/frequently, and repair or restore any failures in a timely manner.
- ③ While operation the Service, we may establish various policies in relation to its usage, and, as an e-commerce business broker we enforce the Penalty Policy to ensure a fair-trade environment.
- ④ To ensure safe transactions, we may entrust billing and payment matters to a third-party payment agency.
- ⑤ We may collect information related to the Service usage, such as advertising usage records, sales records and the number of logins, and use it as data for our reports. The collected information may also be used to enhance your user experience and help us provide the Service more efficiently.
- ⑥ If we determine that the theme you provide, or the information it contains, is illegal, or if you have received sanctions similar to restriction notices or orders from the Korea Communications Standards Commission or similar agencies in the relevant country, we may delete such illegal information or terminate the agreement we have with you without prior notice.
- ⑦ We may provide requested documents when civil or criminal legal proceedings are initiated in connection with Partners or when we are notified of preservative measures by the court, and may temporarily restrict the relevant Partner’s use of the Service.
- 15. Your Rights and Obligations
- ① You have the rights to use the Service we provide under the set conditions.
- ② You may operate and manage your overall sales activities using the Service at your own discretion and must fulfill your obligations as a trading partner concerning the transactions with customers.
- ③ While you are responsible for preventing that the ID and password we provide you are leaked, you must also not transfer or lease your ID or password to another party without our consent.
- ④ You are responsible for providing correct information to customers, including the product details and scope of use.
- ⑤ Before selling your theme, you must run tests to make sure it works correctly in a regular usage environment.
- ⑥ You must use copyrighted works when designing your themes.
- ⑦ While you may collect the personal information of your customers in accordance with legal processes, you must take on necessary administrative and technical measures to secure the safety of personal information in accordance with laws related to personal information and protect the personal information of your customers in accordance with your own Privacy Policy.
- ⑧ You must comply with the Terms of Use and price you registered for your own theme. You cannot make a separate agreement on the matter with customers. In addition, you must not request a payment outside of those made through the Store, whatever the reason may be.
- ⑨ Considering the fact that saved data can easily be damaged or corrupted within an online environment, you must save product data and images used for your sales in your own separate storage space. We are not liable for any issues that may arise from data damage or loss.
- 16. Managing the Security System and Related Obligations
- ① We may patch authentication information and relevant parts or discontinue the provision of the Service in case serious security issues are caused by program defects/failures or similar incidents that need urgent attention.
- ② You must not carry out any of the following acts that could threaten our security or that of other partner:
- 1. Propagate malicious programs such as computer viruses;
- 2. Scan the information system and other systems for vulnerabilities and other illegal intrusions;
- 3. Disturb our regular services by causing a large amount of traffic; or,
- 4. Other infringing acts that interfere with our business.
- ③ You must immediately notify us if you detect any anomaly within the information system or an infringement accident occurs as you use it.
- ④ You must keep your contact information up to date so that we can contact you at all times in case of an emergency.
- ⑤ If security measures are taken under this Article, we will either not notify you or give you a notice on results after we take preliminary action.
- 17. Providing Information and Publishing Advertisements
- ① We will notify you of service guidelines and policies through the notices on our website.
- ② We may send you various information through email or text message if we have your consent. We do not, however, need your consent before sending you information concerning transactions or answers to customer inquiries.
- ③ We may publish advertisements in relation to the Service’s operation on our website and the Service’s pages.
- ④ You must not purposely change or edit posts related to the Service we provide or other related information.
- ⑤ Note that we simply act as a general advertising medium for the advertisements we do not directly provide that are displayed on our website. We do not offer any guarantee and are not liable for any issues that may arise from trusting such advertisements or the resulting transactions.
- 18. Intellectual Property Rights and Infringements
- ① The copyrights and other intellectual property rights in relation to the works we created revert to Cafe24.
- ② The intellectual property rights (reproduction rights, performance rights, public transmission rights, exhibition rights, distribution rights, rental rights), derivative work rights, and portrait rights pertaining to pictures and posts you upload about our services all revert to Cafe24. We may use these for advertising purposes for the Service on our website or through other media.
- ③ You must not copy, transmit, publish, distribute, broadcast, or sell anything we provide (information, technology, documents, system, services, etc.) without our prior consent, or use it for a commercial purpose we have not approved.
- 19. Suspending the Service
- ① 16.1. We reserve the right to suspend the provision of the Service without prior notice in the following situations:
- 1. If urgent maintenance works are necessary to repair the equipment;
- 2. If the use of our website is hindered by a power outage, equipment failure, or a network congestion;
- 3. If unexpected errors occur, such as disk or system failures;
- 4. If the service is interrupted due to an external telecommunication company, electric power company, or a common telecommunications business operator;
- 5. If distributed denial-of-service (DDoS) attacks and other external intrusions happen or are expected;
- 6. If the Service is used for hacking, carrying out server attacks, or spreading computer viruses or malwares;
- 7. If the Service cannot be provided for reasons such as natural disasters or national emergencies;
- 8. If an issue is foreseen due to serious problems; or,
- 9. If it becomes impossible for us to provide our services for operational reasons.
- ② We are not responsible for any damage caused to you in relation to the suspension of the Service defined in this Article.
- 20. Usage Restrictions
- ① We reserve the right to restrict your use of the Service or delete your product after giving you prior notice in the following situations:
- 1. If the product information you provided is not accurate;
- 2. If more than one (1) of each theme is displayed or an excessive number of themes are uploaded at once;
- 3. If a customer reports that one of your themes is illegal;
- 4. If we receive more than three (3) complaints concerning your customer service or your refund process;
- 5. If you did not register a theme within ninety (90) days after creating your sample account;
- 6. If no transactions have been carried out for one (1) year;
- 7. If we requested that you rectify a mistake you made but, you failed to take action within seven (7) from the notification date;
- 8. If we cannot contact you with the contact information you provided (more than two (2) attempts; once every two (2) days);
- 9. If you add a link to another website or service within your product without our prior consent;
- 10. If a person who is assumed to be a valid copyright holder reports an infringement of rights and, although we shared this information with you, you failed to give us a reasonable response within three (3) business days;
- 11. If you register, display, sell or link your theme to harmful content such as obscene content or false information;
- 12. If you use the Service for non-legal purposes according to e-commerce regulations;
- 13. If you use the Service as a company or personal website, message board or archive;
- 14. If you add videos or audio files without our prior consent;
- 15. If you transfer your rights and obligations under these Terms to another party without prior consent or offer them as collateral;
- 16. If you defame or insult others;
- 17. If you interfere with other Partners or companies;
- 18. If you send promotional information to recipients who have not consented to its reception; or,
- 19. If you violate your obligations under these Terms.
- ② While you may request that restrictions be lifted, we will only lift the restrictions if we judge that your request is legitimate. We cannot, however, recover themes that have been deleted.
- ③ We are not responsible for any damage caused to you in relation to usage restrictions defined in this Article.
- 21. Agreement Cancellations
- ① You may express your intent to terminate your Service Use Agreement by requesting to remove your account at any time. Unless special circumstances occur, we will terminate the Agreement as soon as possible after you submit your request. However, if there are usage fees that remain unpaid, you must pay the fees according to the procedures we decided upon.
- ② We reserve the right to terminate the Agreement with a notice in the following situations:
- 1. If you receive sanctions due to reasons for which we may terminate our agreement;
- 2. If you have acted in violation of public order and morals;
- 3. If you have seen your usage restricted twice in one (1) year; or,
- 4. If we determine that you deliberately added false information when registering your theme.
- ③ Canceling an agreement under the terms of this Article shall not affect claims for damages.
- 22. Compensation for Damages
- ① We are each liable for damages caused to one another by violating these Terms for reasons attributable to ourselves.
- ② However, damages caused by the suspension of services or failures shall be compensated by taking into account the characteristics of the Internet environment as follows:
- - If a service is suspended or a failure occurs for more than four (3) hours, the amount of relevant damages shall be calculated by taking the average usage fee paid on a daily basis over the three (3) months (or the relevant period if you had not yet used the service for three (3) months) preceding the suspension of the service or the failure, dividing it by 24 hours, then multiplying the result by the number of hours during which the service was suspended or the failure occurred, then multiplying the resulting amount by 5. The hours of service interruption or failure shall be calculated from the time you notice us of the issue.
- - Note that issues related to creating or copying a sample account (website) and customizing account (website) may be caused by the customer’s server environment. For this reason, even if issues occur with the creation/copy of the sample and customizing accounts or if the process takes a while, these situations shall not be subject to compensation for damages.
- ③ Notwithstanding this paragraph, we are not liable for any damages caused to partners by affiliate services or free services that we do not operate directly.
- 23. Indemnity
- ① We are only responsible for the operation and management of the Service. We do not represent Partners or customers in relation to product transactions and we are not responsible for transactions or the information registered by partners in relation to products.
- ② This space simply offers a platform for online transactions. Consequently, Partners and customers are responsible for managing sales, fulfilling transactions, designing products, managing theme samples, managing orders, responding to inquiries, managing refunds/exchanges/returns, and other required services in relation to transactions between both parties.
- ③ In relation to transactions between Partners and customers that take place through the system we provide, we do not guarantee the presence or authenticity of the will to sell or purchase, the quality, integrity, safety, or legality of registered themes, or the fact that the latter do not infringe the rights of others, nor do we guarantee the veracity or legality of information added by Partners or information in spaces linked through the latter. The relevant Partner and customer shall be fully responsible for issues that may arise in relation to all the aforementioned cases.
- ④ We are not liable for any damages arising from unattained expected revenues or obtained data while using the Service.
- ⑤ We are not obligated to intervene in disputes arising in relation to the Service between partners or between partners and third parties, and shall not be liable for any damages incurred.
- ⑥ We are not liable for services we provide free of charge unless there are special regulations in relevant laws.
- 24. Governing Law and Dispute Settlement
- ① All the disputes arising from or relating to these Terms shall be governed by and construed in accordance with the laws of the Republic of Korea.
- ② All the disputes arising from or relating to these Terms, shall be settled through mutual agreement between you and Cafe24. However, if a dispute cannot be resolved, three mediators will be selected to resolve the issue in Korean through the Korean Commercial Arbitration Board located in Seoul.
- 25. Other Terms and Conditions
Any matters not specified in these Terms shall be subject to our service instructions and related laws and regulations.
[Additional Clause] These terms shall enter into force on February 12, 2020.
[Additional Clause] These Terms shall replace the previous terms.