Article 1 (Purpose)The purpose of these Terms of Use is to provide for rights, obligations, and Shilla Travel Retail Pte Ltd and users of the Internet-based services hereinafter referred to as “Service(s)” rendered by the Internet website publicizing Shilla Travel Retail Pte Ltd Duty Free (www.shilladfs.com/us; hereinafter referred to as the “Site”) operated by Shilla Travel Retail Pte Ltd with respect to any use of the Service.
Article 2 (Definition)
- 1. “Service(s)” means any act, or any tangible/intangible thing that is the object of said act, which is provided for the users free of charge or with a fee through the Site asprescribed in Article 4 hereunder.
- 2. “User(s)” means members and non-members who access the Site operated by Shilla Travel Retail Pte Ltd to use Services provided by Shilla Travel Retail Pte Ltd inaccordance with these Terms of Use.
- 3. “Member(s)” means any person who is granted an ID by registering as a member of the Site by providing Shilla Travel Retail Pte Ltd with his/her personal information to continueto receive information on Shilla Travel Retail Pte Ltd and use Services.
- 4. “Non-member(s)” means any person who uses Services provided by Shilla Travel Retail Pte Ltd without registering as a member of the Site.
Article 3 (Notification and Revision of Terms of Use)
- 1. Shilla Travel Retail Pte Ltd posts these Terms of Use, trade name, location of business offices, name of a representative, business registration number, and contact details(telephone and fax numbers, E-mail addresses), etc. on the initial screen page of the website of Shilla Travel Retail Pte Ltd to inform users thereof.
of Use to an extent that does not violate applicable laws including the Regulation of Standardized Contracts Act, the Framework Act on Electronic Transactions, the
Digital Signature Act, the Act on Promotion, etc. of Utilization of Information System, the Door-to-Door Sales, etc. Act, and the Consumer Protection Act. - 2. In the event of revision to these Terms of Use, Shilla Travel Retail Pte Ltd will post the revisions, effective date, and reasons for revision, together with the current Terms of Use,on the initial screen for seven days before the effective date; provided, however, that any revision unfavorable to Users will be notified with a prior grace period of 30 days or
more; in this case, Shilla Travel Retail Pte Ltd will indicate differences of provisions between before and after the revision in order for Users to easily understand. - 3. Where Shilla Travel Retail Pte Ltd revises these Terms of Use, the revised terms and conditions will apply to the contract executed after the effective date, and the existing termsand conditions will apply to the contract executed theretofore; provided, however, that in case where a User who has already executed a contract sends Shilla Travel Retail Pte Ltd
his/her intention of being subject to the revised terms and conditions within the notification period under paragraph (3) and obtains the consent of Shilla Travel Retail Pte Ltd, the
revised terms and conditions will apply. - 4. Where a Member does not agree to the changes in the Terms of Use, he/she may stop using Services and terminate his/her membership. The continued use ofServices by a Member for 30 days from the effective date of the changed Terms of Use may constitute his/her agreement to such change.
- 5. Any matter not provided for herein and any interpretation hereof is subject to applicable laws or generally accepted business practices.
Article 4 (Provision of and Change to Services)Shilla Travel Retail Pte Ltd performs the following activities by means of the Site:
- 1. Providing information on products or services;
- 2. Conducting a variety of sales promotional activities for products or services including advertisement and events; and
- 3. Rendering other additional Services useful to Users and other tasks determined by Shilla Travel Retail Pte Ltd.
Article 5 (Discontinuation of Services)
- 1. In case Shilla Travel Retail Pte Ltd is not able to provide Services due to changes in the line of business, abandonment of businesses, or consolidation of companies, etc.and in the event of maintenance, replacement, breakdown, or transmission interruption of information communication facilities including computers, Shilla Travel Retail Pte Ltd may temporarily discontinue the provision of Services.
- 2. Shilla Travel Retail Pte Ltd indemnifies Users or any third party for damages, if any, that arise from the temporary discontinuation of Services for such reasons as set forth inparagraph (1) unless it is proven that Shilla Travel Retail Pte Ltd has not committed such act with intent or by gross negligence.
- 3. In the event of discontinuation of Services under paragraph (1), Shilla Travel Retail Pte Ltd will notify Users of such fact as prescribed in Article 8 and indemnify Users for damagein accordance with the conditions proposed by the Site; provided, however, that if the Site has not notified any indemnification standard, Shilla Travel Retail Pte Ltd will pay Users their points or rewards, etc. in cash or in-kind equivalent to monetary value used in the Site or other websites operated by Shilla Travel Retail Pte Ltd.
Article 6 (Joining the Site)
- 1. A User may become a Member of the Site free of charge by filling out the membership application and indicating his/her intention to agree to these Terms of Use.
- 2. Shilla Travel Retail Pte Ltd registers any User who has applied for membership as a Member, as prescribed in paragraph (1) of this Article, unless a User falls under any ofthe following subparagraphs:
- ① An applicant’s membership has been forfeited under Article 7 (3) hereof except in cases where an applicant has obtained consent for re-subscription to the Site afterthree years from the forfeiture of membership under Article 7 (3);
- ② Registration information contains false or missing information, or clerical errors; or
- ③ Other cases where registration of a person as a Member is deemed technically detrimental to Shilla Travel Retail Pte Ltd.
- ④ Any person should be over 14 years old in full to become a Member. (If an applicant is under 14 years of age, he/she should obtain prior written consent of a legalguardian to join the Site and place orders pursuant to Article 4(3)c of the Guidelines for Consumer Protection.)
- 3. Membership contract takes effect at a time when the consent of Shilla Travel Retail Pte Ltd reaches a Member.
- 4. Where there exists any change in the registration information under Article 15 (1), a Member should immediately notify Shilla Travel Retail Pte Ltd of such change by means ofE-mail or other methods.
Article 7 (Withdrawal from Membership and Disqualification)
- 1. A Member may request, at any time, termination of membership; and upon the request of termination, Shilla Travel Retail Pte Ltd will immediately proceed therewith.
- 2. Shilla Travel Retail Pte Ltd may restrict or disqualify a Member’s membership, if a Member:
- ① Registers false information when applying for membership;
- ② Fails to pay for goods, etc. that he/she has ordered through Shilla Travel Retail Pte Ltd or to discharge other liabilities in connection with the use of Shilla Travel Retail Pte Lt.
- ③ Threatens the order of electronic commerce by interfering with others’ use of the Site or stealing others’ information; or
- ④ Commits any act prohibited by Acts and subordinate statutes or contrary to good public order and customs while using the Site.
- 3. After Shilla Travel Retail Pte Ltd restricts or suspends a Member’s membership, Shilla Travel Retail Pte Ltd may forfeit the membership of the Member if the Member commits thesame act two or more times or fails to rectify the reasons for restriction or disqualification within 30 days.
- 4. Where Shilla Travel Retail Pte Ltd forfeits a Member’s membership, the registration of the Member is cancelled; in this case, Shilla Travel Retail Pte Ltd notifies the Member ofsuch fact and gives the Member a period of more than 30 days for vindication prior to cancellation of membership.
Article 8 (Notification to Members)
- 1. Shilla Travel Retail Pte Ltd may send a notification to a Member to the Member’s E-mail address that the Member designated previously by agreement withShilla Travel Retail Pte Ltd.
- 2. In the case of notification for unspecified Members, Shilla Travel Retail Pte Ltd may post such notice on the message board for at least one week in lieu of individual notification,provided, however, that, any matter that materially affects a Member’s transaction will be notified on an individual basis.
Article 9 (Protection of Personal Information)
- 1. Shilla Travel Retail Pte Ltd collects the following information when gathering user information:Required Information
- ① Name (for personal certification)
- ② Passport number (for a Member)
- ③ Desired ID (for a Member)
- ④ Password (for a Member)
- ⑤ Date of birth
- ⑥ Telephone number
- ⑦ Home address
- ⑧ E-mail address (for a Member)
- ⑨ Gender
- ⑩ Expiry date of passport
Type of personal information that can be collected during the use of Services and business handling
– Service usage records, access logs, cookies, access IP address information, usage termination records
- 2. When collecting personal information that permits identification of a User, Shilla Travel Retail Pte Ltd will certainly obtain consent from the User.
- 3. Any personal information provided cannot be passed on to any third party for any other purpose than set forth herein without consent from the User, and Shilla Travel Retail Pte Ltdtakes any and all responsibility in relation thereto, except in cases where:
- ① Personal information of a User is provided to a shipping company to the minimum extent required for shipment (e.g., name, address, telephone number);
- ② Personal information is provided for the statistical, academic, or market research purpose in a form that cannot permit identification of the individual;
- ③ Personal information is provided for payment for transactions of goods, etc.;
- ④ Personal information is provided for personal certification to prevent personal information from being stolen; or
- ⑤ Obligations to provide personal information in accordance of applicable Acts and subordinate statutes arise.
- 4. When obtaining consent from the User under paragraphs (2) and (3) above, Shilla Travel Retail Pte Ltd should specify or notify beforehand the identity of the person responsiblefor personal information management (department, name, contacts including telephone number), objectives of information gathering and usage, matters concerning provision of information to a third party (recipient, objectives of provision of information, details of information provided), and provisions of Article 22 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.; and a User may retract such consent at any time.
- 5. Users may request perusal and correction of errors of their personal information retained by Shilla Travel Retail Pte Ltd at any time, and Shilla Travel Retail Pte Ltd is obligated torespond to such request without delay. Where a User has requested correction of errors, Shilla Travel Retail Pte Ltd will not use any personal information of the User until such error is rectified.
- 6. Shilla Travel Retail Pte Ltd employs a minimum number of administrators in order to protect personal information, and assumes full liability for any damages incurred by Usersdue to loss, theft, leakage, or alteration of their personal information including a credit card or bank account.
- 7. Upon the fulfillment of the purpose of gathering or receiving personal information of Users, Shilla Travel Retail Pte Ltd or any third party who has received personal informationtherefrom will immediately destroy such personal information.
Article 10 (Duties of Shilla Travel Retail Pte Ltd)
- 1. Shilla Travel Retail Pte Ltd should make every effort to restrain any act which is in violation of applicable laws and these Terms of Use, or contrary to good public order andcustoms, and provide goods and services on an on-going and reliable manner as prescribed herein.
- 2. Shilla Travel Retail Pte Ltd should have an effective security system to protect personal information of Users (including credit information) in order for Users to securely use theInternet-based Services.
- 3. Shilla Travel Retail Pte Ltd is liable to indemnify Users for any damages incurred by Users that may arise from its unfair labeling or advertising for products or services as referredto in Article 3 of the Act on Fair Labeling and Advertising.
- 4. Shilla Travel Retail Pte Ltd should not send Users any unsolicited E-mail or SMS for profit-making purposes.
Article 11 (Members’ Duties for Their ID and Password)
- 1. Responsibilities for managing ID and password are borne by Members except in cases prescribed in Article 9.
- 2. Members should not allow any third party to use their ID and password.
- 3. Where Members are aware of the fact that their ID and password are stolen or used by a third party, they should notify Shilla Travel Retail Pte Ltd thereof and follow theinstructions of Shilla Travel Retail Pte Ltd, if any.
Article 12 (Duties of Users)
- 1. Users must not do any of the following:1. Register false information upon application for membership or modification of personal information.
- 2. Steal others’ information.
- 3. Alter other information posted on the Site;
- 4. Transmit or post other information (e.g., computer programs) than prescribed by Shilla Travel Retail Pte Ltd.
- 5. Infringe on intellectual property rights, including copyrights, of Shilla Travel Retail Pte Ltd and any third party.
- 6. Perform any act that injures the honor of or interferes with the business of Shilla Travel Retail Pte Ltd and any third party.
- 7. Disclose or post any obscene or violent messages, video clips, sound, or any other information contrary to good public order and customs on Services.
- 8. Use any Service for profit-making purposes without consent of Shilla Travel Retail Pte Ltd. or
- 9. Engage in other illegal or unfair acts.
Article 13 (Reversion and Limited Use of Copyright)
- 1. Intellectual property rights, including copyrights, to works created by Shilla Travel Retail Pte Ltd should be retained by Shilla Travel Retail Pte Ltd.
- 2. Users must not, without prior consent of Shilla Travel Retail Pte Ltd, use for profit-making purposes, or allow any third party to use, the information they acquire in the course ofuse of the Site, by means of replication, transmission, publication, distribution, broadcasting, or other methods.
- 3. Where Shilla Travel Retail Pte Ltd uses works copyrighted by a User by agreement, it should notify the User of such use.
Article 14 (Indemnification)
- 1. Shilla Travel Retail Pte Ltd will bear no liability for failure to provide Services due to natural disasters, force majeure, or other causes beyond the reasonable control ofShilla Travel Retail Pte Ltd.
- 2. Shilla Travel Retail Pte Ltd will bear no liability for failure to provide Services due to any cause attributable to Users.
- 3. Shilla Travel Retail Pte Ltd will bear no liability for cases where Users fail to gain expected profits by using Services or sustain damages caused by using data obtained throughServices.
- 4. The reliability or accuracy of information, data, or statements posted by a User is the responsibility of the User; and Shilla Travel Retail Pte Ltd will bear no liability for any damageincurred by a User or any third party arising from incorrectness or falsification thereof whatsoever.
- 5. Shilla Travel Retail Pte Ltd will bear no liability for any damages incurred by a User or any third party arising from deliberate intent or gross negligence of the User in connectionwith use of Services.
Article 15 (Advertisement Publication, SMS, etc.)
- 1. Shilla Travel Retail Pte Ltd may publish commercial advertisements on the Site, or send SMS or DM (letters) to individual Users with prior consent of Users in order to moreefficiently offer the best Services.
- 2. Shilla Travel Retail Pte Ltd will bear no liability for any damage incurred by Members due to their direct participation in an advertiser’s promotional activities by means of Services.
Article 16 (Resolution of Disputes)
- 1. Shilla Travel Retail Pte Ltd establishes and operates a damage compensation agency to respond to justifiable opinions or complaints filed by Users and to render compensationfor damages, if any, caused thereby.
- 2. Shilla Travel Retail Pte Ltd handles complaints and opinions raised by Users with priority; provided, however, that if it is difficult to promptly handle them, Shilla Travel Retail PteLtd immediately notifies Users of the reason therefor and timeline for handling.
- 3. With respect to disputes that arise between Users, Shilla Travel Retail Pte Ltd may comply with results of mediation of the Electronic Commerce Mediation Committee that wasestablished under Article 28 of the Framework Act on Electronic Transactions and Article 10 of the Enforcement Decree of the Act.
Article 17 (Jurisdiction and Governing Law)
- 1. Any legal action or proceeding for electronic transactions instituted between Shilla Travel Retail Pte Ltd and a User and any mediation of disputes under these Terms of Use aregoverned by the laws of the Republic of Singapore.
- 2. Any legal action or proceeding for electronic transactions instituted between Shilla Travel Retail Pte Ltd and a User is brought in the court with jurisdiction over the User’s domicileat the time of filing the lawsuit, or in the district court having jurisdiction over the place of residence of the User if he/she has no domicile; provided, however, that if the User’s domicile or residence is not certain at the time of filing the lawsuit, or in the case of a foreign resident, such legal action is brought in the competent court under the Civil Procedure Act.