Article 1 (Scope of Application)
The Terms of Service will be applied to any and all cases wherein a contract Signer (hereinafter referred to as the “Signer” or “Signers” ) uses a rental service (hereinafter referred to as the “Service” ) for a data transmission device and its peripherals (hereinafter referred to as “WiFi Equipment”), as provided by MOBITELECOM Co., LTD(hereinafter referred to as we, us, our and the “Company”).
- The Company will appropriately manage and maintain any and all personal information of each of the Signers, keeping in consideration the intent of the “Act on the Protection of Personal Information.”
- The Company may use any and all personal information for purposes as prescribed in the Rules for Handling of Personal Information established by the Company; these purposes include providing services (providing assistance for devices and services, conducting surveys), billing fees, and offering notices regarding our Group’s other services.
- Registration is required before using this Service. The Company may send separate or mass emails as needed to registrants via their registered email addresses or by other notification methods (email, phone call, mail), as we have predefined.
Article 3 (Revision of Terms)
The Company may revise these terms from time to time without obtaining any consent from the Signers. In this event, the Company will provide any and all Signers with a notice of the revised terms by any of the methods prescribed in Article 6 (Methods of Notification), and the revised terms will become effective immediately thereafter.
Article 4 (Alteration of Service)
The Company may change the usage fees of the Service and associated services without obtaining consent from any of the Signers. In this event, the Company will notify any and all Signers by any of the methods prescribed in Article 6 (Methods of Notification), and the changes will become effective immediately thereafter.
Article 5 (Finalization of Agreement)
The Agreement will become effective upon the Signer’s completion of the sign-up process, according to the procedure as designated by the Company, and the Company’s subsequent approval.
- Upon a sign-up’s approval by the Company, we will send a notice of approval via email with the subject line ” PLAYWIFI Confirm from [your name].”
- In the event that we determine it impossible to provide services as requested by the Signer, or that we find it impossible to provide services for any other reason after the sign-up’s approval, we will provide the Signer with a notice by any of the methods prescribed in Article 6.
- In the event that the agreement has already been completed according to the previous paragraph 2, we will immediately begin the process of reversing the payment so that the Signer is not charged.
Article 6 (Methods of Notification)
We will provide any and all Signers with notices of any and all matters in connection with the Service and this Terms of Service. Such a notice will be made via writing, email (including short mail services, etc.), telephone, postings to our Company website, and any other methods as designated by us.
Article 7 (Period of Service)
- In the billing period, 1 day of Service equals 1 unit of billing. Additionally, the billing period is equal to the dates of travel declared on the sign-up form. If any changes are made to the details of this declaration, we will change the billing period.
- If we find that none of the WiFi Equipment has been returned by the return date designated by the Company, extension fees will accrue, as predefined by the Company, until such a date as we can confirm that all WiFi Equipment have been returned to a place designated by the Company.
- If the Signer applies for the use of the Service for more than 30 days, or if the Signer needs to consider use for any other reason during a certain period of time, we may provide a separate consultation regarding the Service period.
Article 8 (Sign-up Procedure)
- The Signer will agree to the Terms of Service and Important Matters, as well as complete the online sign-up form or enter every necessary item on the sign-up form, by the sign-up deadline as designated by the Company.
- The connection line for the WiFi Equipment to be rented will be designated by the Company, and this will be decided by the Company immediately before renting.
- The Company may reject any sign-up for the Agreement, if it falls under any of the following. In the event that such a rejection is determined, the Company will provide the Signer with a notice thereof:
1 – The Signer is likely to violate the Agreement;
2 – The Signer is likely to default on payment of liabilities under the Agreement;
3 – The Signer intentionally makes any false statements on the sign-up form for the Agreement;
4 – The Signer is likely to exploit the Service in any form that offends public order and morals;
5 – The Signer is likely to exploit the Service in any form that defames the Company or the Service; or
6 – The Company determines for any other reason that it as impossible to provide the Service.
Article 9 (Transfer of Rights)
In no case may any Signer assign or transfer any and all rights and obligations herein to any third party.
Article 10 (Alterations in the Signer’s Information)
- In the event that the Signer who completed the procedure as prescribed in Article 8 has had information changes, the Signer must provide the Company with a notice thereof.
- In the event that the Signer fails to provide the Company with such a notice as set forth in the previous paragraph 1, and as a result, the Service becomes unavailable because the circumstances of the Signer and the user(s) are inconsistent, the Company will assume no responsibility for this unavailability.
Article 11 (Delivery of WiFi Equipment)
- The Signer will receive the WiFi Equipment
– Via pick-up at a delivery counter in an airport as predetermined by the Company;
- In the event that the Signer wishes to receive the WiFi Equipment after the sign-up deadline, the Company may accept a request by the Signer with an additional “cost for special last-minute arrangements,” as calculated based on individual arrangements; this is provided, however, that the Company determines it acceptable.
- In the event that it is impossible to deliver the WiFi Equipment by the scheduled delivery date as set forth in the sign-up form, and for reasons not ascribable to the Company, such as an act of God like bad weather, an accident or delay in transit, or any other reason prohibiting the Signer from receiving the WiFi Equipment by the scheduled delivery date, the Company will not be held accountable for the nondelivery.
Article 12 (Sign-up Cancellation)
This service can be canceled by paying applicable cancellation fee.
It is to be noted that the cancellation fee will be in accordance with the Terms of Article 6 (Way of Notification).
Article 13 (Return of WiFi Equipment)
- The Signer will return any and all WiFi Equipment to the Company after the expiration of the Service and by any of the returning methods designated at the time of signing up.
- Paragraphs 2 and 3 of Article 7, each extension fee as separately defined by the Company will accrue and be added to the bill.
Article 14 (Usage Fees)
- The usage fees for the Service will be calculated according to the rates listed on our website and brochures for the Service period as prescribed in Article 7, and such rates and fees will be explained in the sign-up procedure.
- During the Service period, the usage fees will accrue regardless of the occurrence of any actual data transmission.
- In the event that established data transmissions exceed that which has been prescribed in Article 22, we may separately charge an additional fee as set forth in the rate table.
- If the Company finds that any business entity considered to be our sector peer has been used, we will calculate usage fees at a metered rate based on transmission volume, and this will be charged to the Signer.
- In the event that the Company cannot confirm your payment by such a due date as designated by the Company, we may charge extension interest at 14.5% per year.
- Rates are subject to change without notice.
Article 15 (Billing & Payment Methods)
- Payment of usage fees for the Service may be made via credit card or by such methods as designated by the Company.
- When paying the fees for the Service, all terms and conditions as prescribed by the chosen financial institution must be observed.
- Depending on the details of the Signer’s request for the Service (areas of usage, Service period, and quantity of WiFi Equipment), the Company may request a deposit or that the Signer provide personal credit line information.
- In the event that payment of the usage fees for the Service is found to be overdue, the Company may provide the Signer with a notice or communication by any of the methods as designated by the Company, including, but not limited to, writing, e-mail, telephone or visit to the Signer (hereinafter referred to as the “Notice of Outstanding Balance”).
- The Company may entrust any third party with claiming usage fees and overdue interest, as prescribed in Article 14, as well as extension fees, as prescribed in Article 13, and with collecting any claims from the Signer based on the Terms of Service.
- In the event that the Company or any of our affiliates visits the Signer in order to collect and receive any claims, the Signer will pay the costs for such a visit by the Company or the affiliate.
Article 16 (Termination of the Agreement)
- The Company may immediately terminate the Agreement if it finds applicable any of the following reasons:
– The Signer fails or seems likely to fail to pay any debt hereunder;
– The Signer uses the Service unlawfully or in any form that offends public order and morals;
– The Signer uses the Service in any form under which such use may impair use by any other persons who directly or indirectly use the Service provided by the Company;
– The Signer breaches any obligations as prescribed in the Terms and Conditions;
– The Signer files a petition for bankruptcy, corporate reorganization, liquidation or civil rehabilitation;
– The Signer is found to belong to an organized crime group, is a member of such a group or any other equivalent antisocial force, or has connections with any of these groups; or
– The Company otherwise determines that there is any unavoidable reason for the Company to terminate the Agreement.
- When the Company terminates the use of the Service according to the previous paragraph, the Company will provide the Signer with a prior notice of reasons for and the date of termination of the Service, using any of the methods as prescribed in Article 6 (Methods of Notification). However, if the Company determines it to be an emergency or otherwise unavoidable, the Company may not provide the Signer with any notice.
- In the event that the Service is terminated according to the previous paragraphs 1 and 2, the Signer will be held accountable for any losses or liabilities incurred by the Company.
Article 17 (Management of WiFi Equipment)
- The Signer will carefully maintain and manage the WiFi Equipment and will not conduct any of the following during usage:
– Transfer, resale, back-engineering, modification, alteration, damage, destruction, loss, extreme defacement (attaching stickers, shaving or cutting off, coloring, etc.), and pealing off any of the affixed stickers;
– Unauthorized use outside of the Agreement;
– Any and all acts applicable to prohibited matters as set forth in the Instruction Manual for WiFi Equipment; or
– Any and all acts that violate the Telecommunications Business Act, Mobile Phone Improper Use Prevention Act, and other applicable laws and regulations;
- In the event that the Company determines any conduct by the Signer as being applicable to any of the acts listed in the previous paragraph 1, the Company may recommend the Signer to adjust it, and the Signer will follow such a recommendation.
- In the event that the Company determines any conduct by the Signer as being applicable to any of the acts listed in the previous paragraph 1, the Company may warn and force the Signer to return the WiFi Equipment to the Company, and the Signer will follow such a command.
- In the event that the Company determines any conduct by the Signer as being applicable to any of the acts listed in the previous paragraph 1, the Company may claim damages as prescribed in Article 24, and the Signer will be obliged to pay or compensate for such damages.
Article 18 (Loss & Damage of WiFi Equipment)
- The Signer will carefully maintain and manage the WiFi Equipment following the instructions for use of the WiFi Equipment as designated by the Company.
- If any WiFi Equipment is lost, damaged or stolen, the Signer will immediately report it to the Company. If any WiFi Equipment is lost or stolen for any reason whatsoever, the Signer will pay any transmission fees arising from unauthorized use.
- In the event of the previous paragraph 2, the Signer will pay the settlement separately as defined by the Company under costs for repair or re-purchase of WiFi Equipment.
- In the event of the previous paragraph 2, any NOC (Non Operation Charge = compensation for loss of earnings) will be charged as an additional cost.
Article 19 (Purchase of WiFi Equipment)
As a general rule, no Signer may purchase the WiFi Equipment.
Article 20 (Contractual Bans)
To use the Service, no Signers will conduct any of the acts as prescribed in each of the following:
– Any acts that infringe upon or are likely to infringe upon any copyrights, trademarks, and any other rights of the Company or any third parties used in connection with the Service;
– Any and all acts against the Terms of Service;
– Any and all acts against the Telecommunications Business Act, Mobile Phone Improper Use Prevention Act, and other applicable laws and regulations;
– Installing additional articles onto, modifying, disassembling, or destroying the WiFi Equipment;
– Any acts in violation of our proprietary rights, including subleasing, transferring, and offering as security the WiFi Equipment to any third parties; or
– Any acts that the Company determines as inappropriate and inadequate based on any logical reason.
Article 21 (Fair Use & Limitations)
If any Signer or user significantly overuses data (For example, a packet data amount of 3 GB or more per day), the Company may stop or limit that Signer’s usage in order to provide other Signers with fair and equal use of communication services. The Company may also limit the use of high volume communications that cause significant transmission loads, including video streaming, online games, VOIP and FTP.
In the event of such an interruption or limitation of any communication services, data transmission may remain disconnected throughout the Service period designated by the Signer. Even if this should occur, the Company will not refund any usage fees to any such Signer.
The Company may separately charge any such Signer an additional fee for the overuse of data transmissions, as prescribed in Paragraph 3 of Article 14.
Article 22 (Disclaimer)
- In the event that the Signer or a user uses the rented WiFi Equipment under the Service and connects to a telecommunications network via any methods different from those prescribed by the Company, whether it be intended or not, the Signer may be charged usage fees, such as overseas data roaming costs, etc., by the telecommunications company with which the connection was made. If this should happen, by no means will the Company assume any responsibility for such usage fees.
- If use of the WiFi Equipment is interrupted, and the Signer or a user fails to notify the Company thereof during the Service period, by no means will the Company assume any responsibility for such interruption, and the Signer will pay the usage fees accrued during the interruption.
- In the event that any fault is found in the details of the Service after the completion of the sign-up procedure as prescribed in Article 8, and such a fault interferes with use of the WiFi Equipment, by no means will the Company assume any responsibility for the fault, and the Signer will acknowledge this in advance.
- By no means will the Company assume responsibility for any accident, loss or damage incurred by the Signer due to certain faults in the use of the WiFi Equipment, regardless of the cause.
- Notwithstanding the above, if any problem occurs during transmission, whether intentionally or not, and the Service cannot be used for any of its original purposes, the Company will compensate the Signer for any damages via an exemption of the usage fees within the Agreement. By no means will the Company assure any alternate means of communication, nor will the Company bear any costs for such alternate means of communication. In no event will the Company assume any responsibility for loss or damage beyond the scope of this Agreement.
Article 23 (Damages)
In the event that there are any damages to the Company for any reason attributable to the Signer in connection with the use of the Service, the Signer will compensate the Company for such damages incurred thereby.
In the event that the Signer causes any damages to or has a dispute with a third party, the Signer will assume any risk or cost incurred in settling such a dispute, and the Company will not assume responsibility for any harm from any liabilities. In the event that the Company is being held accountable by any other Signers or third parties, the Signer will assume any risk or cost incurred in settling such a dispute, and the Company will not assume responsibility for any harm from any liabilities.
Article 24 (Alterations in Terms of Service)
The Terms of Service are subject to change without notice.
Article 25 (Governing Law & Jurisdiction)
The Terms of Service are governed by the laws of Korea. In the event that a dispute arises from or in connection with the Terms of Service, the exclusive jurisdiction of the court in charge of the first instance will be the Incheon District Court.