Chapter 1. General Provisions
Article 1 (Purpose)
Bucketplace Co., Ltd. (“Company”) has prepared the ToS of Service (“ToS”) to help Users (as defined below) use its Services in a more convenient manner. Please read the ToS carefully as they provide for the rights, obligations, responsibilities and other matters necessary to use the Services.
Article 2 (Definition)
The terms used in the ToS shall be defined as follows:
(1) “OHouse” means the online and mobile platform operated by the Company where, the Content created by the Company or a User is posted and communicated to Users, the Company provides information of key articles featured in the Content (“Featured Items”), and the Partners advertise their goods and services (“Advertised Items”) to Users. Depending on the context, OHouse may refer to the entity operating such platform.
(2) “Service” means the Services provided or to be provided by the Company through OHouse to improve lifestyles of Users, including provision of the Content, facilitation of communication among Users through such Content, provision of information relating to Featured Items and advertising by the Partners of the Advertised Items.
(3) “User” means a person who uses the Service, including both Members and Non-Members.
(4) “Member” means a person who is registered with OHouse as a Member and is qualified to use the Service.
(5) “Non-Member” means a person who is not registered with OHouse and uses the Service in a limited scope.
(6) “Content” means any information posted or used within OHouse, including any and all texts, photographs, videos, files, links, Member profiles, etc. (regardless of their format, such as symbols, text, video, picture, etc.) posted or registered within the Service by either the Company or Users.
(7) “Partner” means an entity that, after completing the procedures designated by OHouse, uses OHouse and advertises its Advertised Items to Users through OHouse.
(8) “Member Information” means the personal information that the person who applies for Membership of OHouse is requested to provide in the Membership application form and other information that Members provide to OHouse from time to time for the identification of Members and the use of the Service.
Article 3 (Treatment of the ToS)
(1) OHouse shall publish a copy of the ToS, the trade name and the representative’s name, address of the place of business (including the address for handling the consumer complaints), telephone number, email address, business registration number, etc. on the front page within OHouse for easy access by the Users; provided, however, that the copy of the ToS (including the amendment thereto, if any) may be published via a linked page for Users’ perusal.
(2) If necessary, OHouse may amend the ToS to the extent permitted under applicable laws. And OHouse shall provide ToS in a manner that is easily comprehensible to Members.
(3) If OHouse has, in the course of making notice of a proposed amendment of the ToS, separately notified the Members that their failure to raise an objection within a prescribed timeframe will be treated as their consent to the proposed amendment and a Member does not raise an objection, that member is treated as having consented to the proposed amendment as notified. In addition, if any Member objects to the application of the amended ToS, OHouse cannot apply the amended ToS. If OHouse coercively applies the amended ToS to that objecting Member, he or she may cancel the membership; provided, however, that in any extenuating circumstance which makes the application of the ToS prior to amendment impossible, OHouse may terminate the membership of the objecting Member.
(4) If OHouse amends the ToS, the amended ToS shall apply only to contracts executed after the amendment takes effect, and the ToS prior to such amendment will continue to apply to those contracts that are executed prior to the amendment; provided, however, that the amended ToS shall apply if any Members communicate their intent to accept the application of the amended ToS to OHouse to the contract executed prior to the amendment within the period for notification of the amendment under Paragraph (3).
Article 4 (Other Rules)
(1) Any matters not set forth in the ToS and the interpretation of the ToS shall be governed by the Act on the Regulation of Terms and Conditions, applicable laws including the Guidelines for Consumer Protection in Electronic Commerce published by the Korea Fair Trade Commission, and general commercial practices.
(2) OHouse may set forth terms and conditions applicable to specific Service when necessary (“Special Terms and Conditions”) and notify them through OHouse in advance.
(3) If the Special Terms and Conditions are amended, such amendment shall be notified pursuant to Article 3 (2) of the ToS.
Chapter 2. Instructions for Use of OHouse
Article 5 (Membership Registration)
(1) A User cannot use OHouse if the User’s age is below the minimum age eligible to provide consent to data processing under the laws of [•].
(2) Users who wish to become a Member may apply for the Membership by entering the required information and expressing their intent to agree to the ToS and the collection and use of their personal information.
(3) OHouse shall register the Users who applied for Membership pursuant to the preceding paragraph as its Members, unless:
- their Membership information is false, omitted or incorrect;
- they have previously cancelled Membership in accordance with Article 9 of the ToS (except for the applicants for which six months have elapsed after their Membership is cancelled in accordance with Article 9 of the ToS and have obtained OHouse’s approval for rejoining Membership);
- there is considerable technical difficulty to register them as Members; or
- membership application is otherwise confirmed to violate the ToS or is unlawful or wrongful, or the refusal of Membership is otherwise deemed necessary by OHouse based on its reasonable judgment.
(4) Membership applications will be processed in the order of the filing, and Membership registration shall be deemed complete when OHouse’s approval for the application is delivered to the applicant.
(5) If there is any change to the information registered upon Membership registration, the Member shall update their Membership information within a reasonable time or otherwise notify OHouse of such change so OHouse could provide the Services seamlessly. If the Member fails to perform this duty and experience inconveniences such as incomplete Services or non-provision thereof, OHouse shall not be liable for such inconveniences absent any reasons attributable to OHouse.
(6) OHouse may classify the types and classes of Members and differentiate benefits or Services provided to each class of Members or otherwise provide different User experiences per User class.
Article 6 (Protection of Personal Information)
Article 7 (Management of ID and Password)
(1) The ID and password of each Member may be used only by such Member. Any Member shall not allow any other person to use his or her ID and password and shall manage his or her ID and password to prevent unauthorized use thereof by others.
(2) Members shall be entirely liable for any loss or damage resulting from the leakage of their ID or password due to their negligence or the transfer or lease of their ID or password in violation of the ToS, unless there is any cause attributable to OHouse.
(3) OHouse may restrict either the eligibility for Membership or the use of relevant ID in accordance with Article 9 (4) of the ToS without prior notice, if either any Member’s ID is likely to be leaked, any ID includes anti-social expressions or any expressions against social norms, or any User is likely to be mistaken as the system administrator of the Company or OHouse.
(4) When a Member detects that his or her ID or password has been stolen or used without authorization, the Member shall immediately notify OHouse of such fact and OHouse, immediately upon such notification, will use its best effort necessary to protect that Member’s information.
Article 8 (Notices and Announcements)
OHouse values communication with its Users.
(1) Users may at any time deliver their opinions on the Service via Customer Center [or Customer Voice].
(2) OHouse will make notices to Members electronically, for example, by an email to the email address provided in the Member information and such notices shall take effect at the time such electronic notice is delivered to Members.
(3) If OHouse needs to give notice to numerous and unspecified Members, it may postsuch notice on OHouse in a prominent manner (e.g. on the front page or in-app pop-ups) for at least a week, instead of individual notices under Paragraph (2); provided, however, that matters that have material effect in connection with the transactions of a specific Member must be individually notified to the relevant Member.
Article 9 (Membership Cancellation and Revocation)
(1) A Member who no longer wants to use OHouse may request Membership cancellation through OHouse at any time, and the Company shall immediately cancel his or her Membership. Any disadvantages resulting from such Membership cancellation shall be borne by the cancelling Member. Members are advised to request Membership cancellation prudently as, once Membership cancellation is completed, various benefits additionally provided by OHouse to the Members may cease to exist or be retrieved.
(2) Once Membership cancellation is completed, the Content posted by the Member whose Membership has been cancelled shall be processed in accordance with Article 15 (7) of these ToS.
(3) If a Member who has cancelled his or her Membership wishes to use OHouse again, the Company may reject such request or may permit re-use of the Service in accordance with certain standards.
(4) OHouse may inevitably restrict or revoke a Member of his or her Membership qualifications or restrict the re-use, if:
- the Member has died;
- any event for rejecting Membership application under Article 5 (2) is confirmed;
- any event for the restriction of the use of ID under Article 7 (3) is confirmed;
- the Member’s infringement of any intellectual property rights such as copyright of OHouse or any other third party is confirmed;
- the Member’s defamation or interference with business of OHouse or any other third party or is confirmed;
- the Member’s act under any subparagraph of Article 14 (1) of these ToS is confirmed, such as any act involving pornographic or violent messages, images or voice, any other information against social norms, or any message or information that contains discrimination based on gender, religion, disability, age, etc. or that encourage prejudice against them;
- the Member violates the ToS or Special Terms and Conditions; or
- OHouse otherwise deems it necessary to refuse to provide the Service due to the Member’s illegal activities, etc.
(5) If OHouse revokes any a Membership, the Membership registration shall be cancelled. OHouse shall notify the Member whose Membership is about to be revoked of the fact that his or her Membership will be cancelled and give them an opportunity to explain for at least 30 days prior to effectuating the cancellation of the Membership.
(6) If OHouse revokes a Membership in accordance with this Article, the ToS effective as of the date of revocation shall apply to the Service used prior to such deprivation.
Chapter 3. Various Services of OHouse
Article 10 (Provision of Services)
(1) OHouse shall provide Users with the following Services:
- Operational Service to post Content created by the Company or Users and support communication among Users;
- Provision of information on Featured Items; and
- Advertising of the Advertised Items for the partners
(2) If OHouse changes the Service to be provided, it shall immediately notify Users of such reasons in a manner set forth in Article 8 herein.
Article 11 (Suspension of Service)
OHouse uses its best effort to provide Users with its Service around the clock. Provided, however, that it may inevitably restrict or suspend its Service, fully or partially, if:
1. computers or any other information and telecommunications equipment is repaired, inspected, replaced or broken, or telecommunication is interrupted;
- OHouse is unable to maintain its Service for any circumstances on its part, such as termination of contract with any Partners; or
- any other force majeure event occurs, such as natural disasters or national emergencies.
Article 12 (Provision of Information and Publication of Advertisements)
(1) In operating its Service, OHouse may provide Users with various information by posting it on the designated place within OHouse or in a manner set forth in Article 8 of the ToS. Provided, however, that commercial advertisements shall be provided only to the Users who separately agreed to receive advertisements and to the method of receipt in advance. Users may at any time refuse to receive any information provided by OHouse, except for the notice on the procedures related to the performance of obligations imposed upon OHouse by law, replies to the customer inquiries, etc., and other transaction-related information.
(2) OHouse simply delivers and mediate the advertisements posted by its Partners and, unless there is any reason attributable to OHouse, it shall not be liable for a User’s use of such advertisements or participation in promotional activities.
Article 13 (Disclaimer of Representation and Warranties)
The Company does not sell the Advertised Items or Featured Items to Users. As a platform operator, the Company shall be responsible only for operating and managing the system for efficient Service and its operation of OHouse does not constitute any representation or warranties to Users or Partners in connection with any transaction involving any Featured Item or Advertised Item. The parties to such transaction shall be held directly responsible for the transaction executed between Users and Partners. The Company shall not be held liable for any information it provides to Users regarding any Featured Item or any information the Partners provides and registers in relation to any Advertised Item.
Article 14 (Operation of Contents)
(1) If any Member posts any of the following Content and OHouse determines the Content inappropriate, OHouse may at its discretion delete or suspend the posting of such Content:
1. Content that condemns or defames OHouse, a User or a third party;
2. Content that does not conform to the purpose of use of OHouse or is irrelevant to the purpose of a Service;
3. Content that infringes upon another person’s copyright, trademark, etc.;
4. Content that is pornographic or repulsive;
5. Content that contains personal information;
6. Spamming using either abnormal Content with repeating words or phrases or repetitively inserting meaningless texts by using a program;
7. Content related to any profit-making activities not authorized by the Company;
8. Content containing a malicious code that may activate a malignant code or spyware and deteriorate the performance of the system of another User, Partner or a third party, leak personal information, or cause any other harm; and
9. Any other Content deemed in violation of applicable laws or the Special Terms and Conditions of any Service.
(2) If any Content contains anything in violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Personal Information Protection Act, the Copyright Act, or any other laws, the relevant right holder may request deletion or suspension of the posting of that Content in accordance with the procedures set forth in applicable laws, and OHouse may take measures necessary to protect the right holder’s intellectual property rights in accordance with applicable laws.
Article 15 (Intellectual Property)
(1) The intellectual property rights including copyrights to the Content posted by Members on OHouse shall be held by such Members, and the intellectual property rights including copyrights to the Content prepared by OHouse shall be held by OHouse.
(2) OHouse must make effort to ensure intellectual property rights of Members and others are mutually respected and protected and, particularly where infringement of any Member’s intellectual property rights by others is confirmed, it will make its best effort to protect the Content posted by Members on OHouse, including immediately taking measures necessary to protect Members’ rights and notifying Members of such fact.
(3) A Member’s posting of Content within OHouse shall be deemed to have permitted the following:
1. Use of such Content by other Members; and
2. Use of such Content by the Company as search results.
(4) A Member shall permit the Company to edit (including, but not limited to, modify, reproduce and distribute) and use the Content posted by him or her on OHouse to the extent necessary for the following purposes:
1. Using the Content within the Services, or reporting or broadcasting the Content through digital marketing channels including the Internet, mobile channels and social media or through news agencies, etc. for the purpose of publicizing the Services; or
2. Providing the Content on partnering platforms or other channels operated by the Company by way of reproducing, transmitting or displaying the Content.
(5) Notwithstanding Paragraph (4) above, Members may at any time request deletion, non-disclosure or discontinuance of use of their Content through OHouse Customer Center or any other channels announced by OHouse, and OHouse may announce the details of use of the Content to Members in a manner set forth in Article 8 herein.
(6) Members hereby warrant that the Content posted by them are not in violation of Article 14 of the ToS. If the Content prepared by Members are in violation of Article 14 of the ToS or applicable laws, unless there is a reason attributable to OHouse, Members shall assume any and all liability therefor.
(7) If a Member cancel his or her Membership pursuant Article 9 hereof, the Content posted by him or her within OHouse shall be deleted; provided, however, that the clipped Content, shared Content, or comments posted and approved by prior to the Membership cancellation may remain undeleted as an exception if they are necessary for the use of Content, operation of the Service or otherwise required by law.
(8) Users shall not use, or cause a third party to use, any information to which OHouse holds intellectual property rights among information obtained in the course of using the Service, for any for-profit purposes without prior approval of OHouse.
Chapter 4. Miscellaneous
Article 16 (Dispute Resolution)
OHouse will use its best effort to prevent any dispute between Users and Partners. Nevertheless, any dispute arising in connection with the use of the Service shall be resolved by Users and Partners who are the parties to the transaction. Provided, however, that OHouse will use its best effort to the extent possible and faithfully cooperate to ensure that such dispute between the parties is settled swiftly and amicably.
Article 17 (Governing Law and Jurisdiction)
(1) The ToS or the Services shall be stipulated and performed in accordance with the laws of the Republic of Korea.
(2) Any dispute related to the ToS or the Service may be brought to the competent court under the Civil Procedure Act.
The ToS shall take effect from 6 July, 2022 and begin to apply from 6 July, 2022, to those who completed Membership registration prior to the effective date.