Terms and Conditions

Terms and Conditions

 

Article 1 (Purpose)

The purpose of these Terms and Conditions is to define the rights, obligations, and responsibilities of the Company and Members, and other necessary matters regarding the services provided by THE SWING Co., Ltd. (hereinafter the “Company”).

 

Article 2 (Definitions)

Terms used herein shall be defined as follows.

(1) “Service” shall mean the electric kickboard rental service and related online services provided by the Company set forth in Article 12.

(2) “Member” shall mean a customer who has entered into a service contract with the Company in accordance with these Terms and Conditions and has been granted the right to use the Services provided by the Company.

(3) “Mobile Service” shall mean a mobile web or app operated by the Company so that users can be provided with the Company’s Service using their account (ID and password).

(4) “Electric Kickboard Rental Business Operator” shall refer to the Company.

(5) Terms in these Terms and Conditions not defined in this Article shall have the meanings ascribed to them in general commercial practices.

 

Article 2-2 (Effect of the Terms and Conditions)

(1) Various terms and conditions presented by the Company to Members at the time of membership registration, including these Terms and Conditions, shall become effective as the contract between the Company and the Member is concluded upon the Member’s consent.

(2) Various terms and services consented to by a Member shall apply even without his/her separate consent when he/she uses separate services provided by the Company.

 

Article 3 (Publication and Amendment of the Terms and Conditions)

(1) The Company publishes these Terms and Conditions through the Mobile Service bulletin board so that Members can easily check them.

(2) In the case of any amendment to these Terms and Conditions by the Company, it is notified on the Mobile Service thirty (30) days prior to the date on which the amended Terms and Conditions are to be applied by specifying the details of and reasons for the amendment; provided that, in the case of any amendment that is unfavorable or important to Members, it is individually notified to them by email for a certain period of time, in addition to the official announcement thereof.

(3) In the event a Member does not explicitly express his/her intention, despite the Company making an announcement or giving individual notice in accordance with Paragraph 2, and clearly having announced or individually notified that Members who do not express their intentions within the applicable period shall be deemed to have given their consent, that Member shall be deemed to have consented to the amended Terms and Conditions.

(4) When the Company notifies Members individually by way of email, the email shall be sent to the most recently provided email address among those previously provided by Members, and the Company shall not be liable for any damages caused by the Member’s failure to update his/her information, in accordance with Article 22(2).

(5) When a Member does not consent to the application of the amended Terms and Conditions, the Company may not apply the amended Terms and Conditions, in which case the Member may withdraw from membership; provided that, Members who, despite their objections, do not withdraw from membership from the date of the Company’s announcement or individual notice under Paragraph 2 until the effective date shall be deemed to have consented to the amended Terms and Conditions.

(6) Consenting to these Terms and Conditions means agreeing to visit the Mobile Service operated by the Company and regularly check for amendments in these Terms and Conditions. The Company shall not be liable for damages incurred by Members caused by not knowing about the amendments to these Terms and Conditions.

 

Article 4 (Interpretation of the Terms and Conditions)

(1) The Company may have individual terms and conditions (hereinafter “Individual Terms”) and policies (hereinafter “Individual Policies”) for its individual services. If the contents of such terms or policies conflict with these Terms and Conditions, the Individual Terms and Individual Policies shall take precedence; provided that, in relation to the use of electric kickboards, the Terms and Conditions for Electric Kickboard Rental shall take precedence over these Terms and Conditions.

(2) Matters not provided herein shall follow applicable laws and regulations or commercial practices, including the Act on the Regulation of Terms and Conditions, Framework Act on Electronic Documents and Transactions, Electronic Signature Act, Act on Promotion of Information and Communications Network Utilization and Information Protection, and Act on the Consumer Protection in Electronic Commerce.

 

Article 5 (Membership and Formation of Contract)

(1) A membership agreement is established by a person who wishes to become a Member of the Company (hereinafter “Membership Applicant”) first consenting to these Terms and Conditions and Individual Terms according to the Company’s membership application procedure, then applying for a membership agreement, and finally the Company approving the application.

(2) In principle, the Company accepts application for membership submitted by Membership Applicants, thus permitting the use of Service; provided that, the Company may not approve, or terminate after-the-fact, applications for membership which fall under any one of the following:

1. When a Membership Applicant has previously lost his/her qualification as a member pursuant to these Terms and Conditions, except for cases where he/she has obtained the Company’s approval to re-register as a Member;

2. When a Membership Applicant does not use his/her real name, or uses someone else’s name;

3. When a Membership Applicant does not provide information requested by the Company or provides false information; and

4. When it is impossible for the Company to approve an application due to reasons attributable to the Membership Applicant or when an application is made in violation of other regulations.

(3) The time when a membership agreement is established is when the Company indicates that the membership registration is complete in its application process.

(4) The Company may differentiate the use of Service for Members pursuant to Individual Policies.

(5) The Company may withhold approval if there is no room for Service-related facilities or if there is a technical or business-related problem.

(6) In the application for membership under Paragraph 1, the Company may collect or use personal or credit information, or provide to or receive the same from credit screening companies, with the consent of the Membership Applicant.

 

Article 6 (Restrictions on Members’ Use of the Services)

(1) The Company may restrict the use of Service by warning, temporary suspension, permanent suspension, etc., when a Member violates the obligations under these Terms and Conditions and Individual Terms, or interferes with the normal operation of the Services.

(2) The conditions and details regarding restriction of Service use shall be decided by the Company within the scope of this Article in accordance with the following subparagraphs and Individual Terms:

1. Inaccurate information of Members: Temporary suspension of Service until the information is corrected;

2. Suspended or revoked driver’s license: Temporary suspension of Service until reinstatement of the driver’s license;

3. Unpaid fees: Temporary suspension of Service until settlement of all debs;

4. Accident: Temporary suspension of Service until the accident is handled and re-evaluation of membership qualification when a Member is involved in three (3) accidents;

5. Violation of Terms and Conditions: Re-evaluation of membership qualification when a Member violates the Terms and Conditions three (3) times; and

6. Use of electric kickboards for illegal or abnormal purposes: Re-evaluation of membership qualification.

(3) Re-evaluation of a Member’s qualifications is carried out based on his/her behavior and details regarding the use of the Services, and he/she may be restricted from using the Services depending on the evaluation results.

(4) The Company is not responsible for expired benefits, etc., during the period of restricted Service use.

(5) In the event the Company restricts Service use or terminates membership agreement pursuant to this Article, it shall notify the Member in accordance with Article 8 hereunder.

(6) Members may file an objection to restricted Service use pursuant to this Article, in accordance with the procedures set by the Company. If the Company recognizes that the objection is justified, the Company shall immediately resume Service use for the Member.

 

Article 7 (Withdrawal of Membership and Disqualification)

(1) Members may request membership withdrawal at any time through the Company Customer Center, on My Page of the Mobile Service, etc., and the Company shall process the withdrawal within a few days in accordance with the relevant laws.

(2) When a Member withdraws from membership, all information of the Member held by the Company is immediately destroyed; provided that, in any one of the following cases, withdrawal of membership may be rejected:

1. When a Member has financial debt to the Company; and

2. When the Company holds member information pursuant to its Privacy Policy and relevant laws.

(3) In the case of membership withdrawal at the request of a Member, he/she is restricted from applying for membership again for the next three (3) months; provided that, he/she may re-apply subject to prior consultation with the Company.

(4) When a Member falls under any one of the following, the Company may disqualify the Member:

1. Providing false information when entering member information;

2. Interfering with other people’s use of the Services through abnormal means, or continuously impeding the normal operation of the Services through deceptive and false reports;

3. Threatening the order of electronic transactions, such as illegally obtaining or stealing other people’s information; and

4. When it is deemed inappropriate to maintain the Member’s membership because it is in violation of relevant laws or the Member is acting against public order and morals, etc.

(5) Members may file an objection to disqualification under Paragraph 4 in accordance with the procedures set by the Company, and if the Company recognizes that the objection is justified, it shall immediately resume Service use for the Member.

(6) In the case of death of a Member, he/she is disqualified from membership on the day of death.

 

Article 8 (Notice to Members)

(1) When notifying a Member, the Company may do so by phone, email, letter, or other methods provided by the Member, unless otherwise specified in these Terms and Conditions.

(2) When notifying many unspecified Members, the Company may substitute the notice under Paragraph 1 with a notice published on the Mobile Service for fourteen (14) or more days.

 

Article 9 (Obligations of the Company)

(1) The Company does not engage in acts prohibited by these Terms and Conditions and relevant laws, or act contrary to public order and morals, and makes its best effort to provide the Services in a continuous and stable manner.

(2) The Company shall have a security system in place for personal information (including credit information) in order to enable Members to use the Services safely, and disclose and comply with its Privacy Policy.

(3) The Company operates an online customer chat service and a call center (hereinafter the “Company Customer Center”) at ordinary times to provide Members with information regarding Service use and respond to opinions and other inquiries regarding the Services.

(4) The Company shall handle opinions or complaints raised by Members in relation to Service use, if the Company deems such opinions or complaints as justified. The process of handling opinions or complaints raised by Members and the results thereof are communicated to Members through the bulletin board or email.

 

Article 10 (Obligations of Members)

(1) Members shall not engage in any of the following acts:

1. Providing false information when applying for the use of Service and making changes thereto;

2. Stealing other people’s information;

3. Damaging information posted by the Company, such as unauthorized alteration, deletion, etc.;

4. Transmitting or posting information other than the information permitted by the Company (computer programs and advertisements, etc.);

5. Infringing intellectual property rights of the Company and third parties, damaging their reputation, or obstructing their business; and

6. Disclosing/posting lewd/violent voices, messages, videos, or other words and information contrary to public order and morals on the Mobile Service, or speaking the same while using customer chat service.

(2) Members shall comply with the provisions of these Terms and Conditions, the Individual Terms and Individual Policies, precautions notified by the Company, related laws, etc., and shall not engage in any act that interferes with the Company’s smooth provision of the Services.

(3) Failure to fulfill the obligations under this Article may result in Members being restricted from the use of the Services or being disqualified from membership.

 

Article 11 (Responsibilities of Members)

(1) Members are responsible for compensating for breakdowns, damages, accidents, etc., of electric kickboards during Service use deemed to have been caused by the Member’s intent or negligence.

(2) Members are responsible for compensating for all property damages incurred by the Company or personal/material losses incurred by third parties caused by the Member’s failure to comply with these Terms and Conditions and Individual Terms.

 

Article 12 (Provision of Service)

(1) The Company provides the following Services:

1. Electric kickboard rental service and online services incidental thereto; and

2. Provision of information regarding the goods and services provided by the Company.

(2) The Company may develop additional services other than the Services specified in Paragraph 1, and provide the same to Members.

 

Article 13 (Change and Suspension of Service)

(1) The Company may change the content of its Service when it deems there is an unavoidable business-related reason such as conversion of business items, integration of companies, or business closure. In this case, the Company shall clearly state the changes in the Services and the effective date, and publish the same where the contents of the Services are published, thirty (30) days prior to the effective date; provided that, when it is impossible to announce the specific changes in the Services, the Company shall publish a notice within the Mobile Service thirty (30) days in advance, stating the purpose of the changes in the Services and the reasons preventing the Company from making an announcement.

(2) The Company may suspend the Services specified in Article 12, in whole or in part, in the event of any of the following:

1. In the event of reasons that occur or may occur, such as natural disaster, war, riot, fire, industrial action such as strike, control by government agency, or other events beyond the Company’s reasonable effort;

2. In the event where telecommunications service is not provided by a key communication service provider;

3. In the event of maintenance, replacement or breakdown of information and communications facilities, including the Company’s system, or loss of communication;

4. In the event where services provided through partnership with a third party are changed or suspended due to the circumstances of the affiliated business operator; and

5. In the event of reasons that significantly hinder the smooth operation of the Company.

(3) In the event the Services is changed or suspended due to reasons specified in Paragraphs 1 or 2, the Company shall not be liable for any damages incurred by Members, unless such damages are caused by the Company’s intent or negligence.

 

Article 14 (Service Fees)

Members promise to comply with the “Service Fee Policy” established by the Company, and agree that service fees, compensation fees, or additional service fees may be incurred as below. Details of the Service Fee Policy are published on the Mobile Service, and service fees and compensation fees may change subject to the Company’s Service Fee Policy.

(1) Service fees

1. Members shall pay service fees by the credit card registered in member information or by a method of payment recognized by the Company.

2. Service fees are automatically paid through the “Electronic Payment” system before the use of the Services. If a Member does not cancel his/her reservation, service fees will be charged in full even if the Services are not used.

3. Members are obliged to pay any fees additionally notified at the time of reservation, additional fees incurred during hours of Service use, all fines and penalties due to violations of the law, etc.

4. Additional service fees or penalties may be charged after the completion of Service use.

5. If service fees are not settled due to problems such as a Member’s personal credit rating and overdue fees, his/her qualification for Service use will be temporarily suspended until all previous fees are settled, and may be revoked if problems continue. The criteria by which the Company determines whether a Member meets the criteria for Service use are based on the Company’s internal operating regulations.

(2) Compensation fees

1. When a Member is involved in a traffic accident, he/she is responsible for compensating for the damages caused by the accident.

2. When a Member violates the applicable regulations, the Company may additionally charge electric kickboard repair costs, litigation costs, attorney fees, etc.

3. When a Member fails to comply with these Terms and Conditions and each of its provisions, the Company reserves the right to terminate the contract in addition to imposing various fees such as compensation fees.

When a Member’s debts, such as unpaid fees and compensation fees incurred in relation to the Services, are not settled, the Company may take legal action against the Member for repayment of debt, such as a preservative measure, lawsuit on merits, and compulsory execution.

 

Article 15 (Attribution of Copyright and Restriction of Service Use)

(1) Copyright and other intellectual property rights for the works created by the Company shall belong to the Company.

(2) Members shall not use, or have a third party use, information obtained by the use of the Services for commercial purposes by means of copying, transmitting, publishing, distributing, broadcasting, etc., without the Company’s prior consent.

 

Article 16 (Management of Posts)

(1) When a Member’s post contains parts that violate relevant laws, such as the Act on Promotion of Information and Communications Network Utilization and Information Protection, and the Copyright Act, the entitled person may request suspension or deletion of the post in accordance with the procedures set forth in relevant laws, and the Company shall take measures in accordance with relevant laws.

(2) Even when there is no request from the entitled person under Article 1, the Company may take temporary measures against the post in accordance with relevant laws if there is reason to recognize infringement of rights or if it violates other policies and related laws.

 

Article 17 (Copyright of Posts)

(1) The copyright of posts published by Members within the Services belongs to the writer of the post.

(2) Posts may be exposed in search results or in the Company’s Service and related promotions, and may be partially modified, reproduced, edited, and posted to the extent necessary for such exposure. In this case, the Company complies with the provisions of the Copyright Act, and Members may take actions such as deletion, exclusion from search results, and non-disclosure at any time through the Company Customer Center or the management function within or Mobile Service.

(3) When the Company intends to use posts of Members in ways other than those set forth in Paragraph 2, the Company shall obtain the Members’ consent by phone, fax, email, etc.

 

Article 18 (Limitation of Liability)

(1) The Company shall be exempt from liability when it is unable to provide the Services due to natural disasters or other force majeure events equivalent thereto.

(2) The Company shall not be held liable for any failure during Service use due to reasons attributable to the Member.

(3) The Company shall not be held liable for profits expected by the Member by using the Services or losses caused by data obtained through the Services, unless there is a cause attributable to the Company.

(4) The Company shall not be held liable for the reliability and accuracy of information, data, and facts about the Services posted by Members, unless there is intent or negligence on the part of the Company.

(5) The Company shall not be held liable for transactions between Members, or between a Member and a third party through the Services.

(6) Any company that operates a website connected to the Mobile Service and links, etc. (hereinafter “Connected Company”) is an independently operated business entity separate from the Company. The Company has no responsibility whatsoever for any transactions between a Member and a Connected Company.

(7) When the Company becomes subject to various objections, including claims for damages or lawsuits, from a third party other than a Member due to illegal acts or violations of these Terms and Conditions committed by a Member during Service use, that Member shall indemnify the Company at his/her own responsibility and expense, and compensate the Company for all damages caused.

 

Article 22 (Governing Law and Jurisdiction)

(1) Any lawsuit brought between the Company and Members are governed by the laws of the Republic of Korea.

(2) In the event of a dispute between the Company and a Member, the court having jurisdiction over the address of the Member shall be the competent court, and if the address or residence of the Member is not clear, the competent court shall be determined in accordance with the Civil Procedure Act; provided that, when a debt is incurred due to a cause attributable to a Member, the district court in the location of the company office in charge of managing such debt shall be the competent court.

 

Addendum

(1) These Terms and Conditions shall apply as of August 20, 2021.