Terms and Conditions of Service Use

Article 1 (Purpose)

This TERMS AND CONDITIONS (hereinafter the "Terms") is for the purpose of setting forth the necessary matters between the Advertiser and the Company in relating to the use of all kinds of services provided by Tenping, Inc. (hereinafter the "Company").

Article 2 (Definitions)

The definitions of terms used in this Terms are as follows.

• "Tenping Advertising" means Internet advertising in such a manner that advertisements applied for by Advertisers are displayed to the users of the advertisement media in accordance with the manner set by the Company in the Internet, mobile devices, etc.
• "Tenping Advertising Services"(hereinafter the "Services") means Tenping Advertising and any and all services associated with Tenping Advertising provided by the Company.
• "Advertisement Media" means the media in which Tenping Advertising is served by the Company.
• "Advertiser" means the customer who executes a service use agreement pursuant to the Terms and uses the Services provided by the Company in order to use the Services.
• "Tenping Advertising Center" means the website or mobile site where the management services of Tenping Advertising are provided out of the Services provided by the Company in order for the Advertiser to apply, serve, manage or cancel the Tenping Advertising.
• "Advertiser Account" means the identification information granted to the Advertiser by the Company, upon the register application by the Advertiser, to make the Advertiser to use for the purpose of applying, serving, managing or cancelling the Tenping Advertising.
• "Advertisement Material" means the contents of advertisement served in the Advertisement Media in accordance with the application of serve by the Advertiser such as title, explanation sentence, additional information and images.
• "Tenping Money" means pre-paid money used for Tenping Advertising and service fee of Tenping Advertising can be paid only by Tenping Money. Tenping Money is classified as refundable Tenping Money and non-refundable Tenping Money.
• "Coupon" means offered coupon issued by the Company to use Tenping Advertising. Coupon is classified as refundable Coupon which is converted into refundable Tenping Money and non-refundable Coupon which is converted into non-refundable Tenping Money.
• "Users of Advertisement Media" means the users who use the Advertisement Media, and include both members and non-members of the entity operating Advertisement Media.

Article 3 (Posting and Amendment of the Terms)

• The Company posts the contents of this Terms on the homepage or connection screen of Tenping Advertising Center for the Advertisers to know it easily.
• If necessary, the Company may amend this Terms to the extent permitted in the applicable laws.
• In amending the Terms, the Company publicly notifies the amendment through Tenping Advertising Center by specifying the reason for amendment and the scheduled date of application from seven days before the scheduled date of application to the day before the scheduled date of application. However, if the Terms is amended to be disadvantageous to the Advertisers, the notification shall be given at least thirty days prior to the scheduled date of application.
• Despite the fact that the Company publicly notifies or informs the Advertisers of the fact that the Company will assume that the Advertisers have agreed to the changed Terms unless the Advertiser expresses the intention to refuse the change by the application date of the changed Terms when the Company has publicly notified or informed the changed Terms in accordance with the preceding paragraph, unless the Advertiser clearly expresses the intention to refuse, the Company deems the Advertiser to have agreed to the changed Terms.
• If the Advertiser does not consent to the changed Terms, the Advertiser may secede from the position of Advertiser by expressing his/her intention of refusal until the immediately preceding date of the date of application.

Article 4 (Entry as an Advertiser)

• Entry as an Advertiser will be executed by the Company’s acceptance to an application for entry as an Advertiser made by any person who desires to use the Services (hereinafter the "Applicant") in accordance with the procedure set forth by the Company after Applicant’s acceptance to the Terms.
  • The Company collects the following information in relating to entry, smooth customer consultation, and provision of various services, etc.

    a. In case of entry as a business entity Advertiser

    Essential items: corporate name (trade name), ID, password, e-mail, contact information (telephone number or mobile number), company name, name of representative, type of business, business item, address of place for business, business registration number, name of person in charge

    b. In case of entry as an individual Advertiser

    Essential items: name, ID, password, e-mail, contact information (telephone number or mobile number), company name, address of place for business, identification number (CI, DI)

  • In applying for entry under paragraph 1, the Applicant shall submit the actual information of the Applicant. The Advertiser who does not submit actual information cannot be legally protected and the Company may also cancel its authorization for use or terminate the agreement pursuant to paragraph 2 below.
• If there exists any of the following reasons to the Applicant’s application, the Company may not approve such application, and if any of the following reasons is confirmed even after the entry, the Company may terminate the relationship with the Advertiser by its authority.
  • When the Applicant has previously lost its eligibility as Advertiser under the Terms
  • When the Applicant makes its application for entry again after secession from Advertiser during the period of suspension of Services use for reasons such as violation of the Terms
  • When the application is submitted with non-real name or other person’s name
  • When false or misleading information is submitted or provided or the matters requested by the Company are not provided
  • When the Company’s acceptance is impossible due to the reasons attributable to the Applicant, or the application is made in violation of all other matters stipulated in the Terms.
• The Company may request the confirmation of real name and authentication through a specialized institution to the Applicant in regard to the application pursuant to paragraph 1.
• . The time when the entry of the Advertiser is established is when the Company expresses the completion of the entry in the application process or when the notification in accordance with the method of Article 12 is received by the Applicant.

Article 5 (Obligation to manage Advertiser Account)

• The Advertisers have the responsibility to manage their own ID and password, and shall not allow a third party to use them.
• If the Advertiser recognizes that his/her ID or password is stolen or that it is used by a third party, the Advertiser should immediately notify it to the Company and follows the guide of the Company.
• If there is any change to the information submitted at the time of entry application, the Advertiser should correct directly through access to Tenping Advertising Center or notify the change to the Company through its customer center.
• The Advertiser with a business registration number should request the modification of his/her information in accordance with the process set forth by the Company when the Advertiser is temporarily closed or closed down.
• The Advertiser shall not take responsibilities to any disadvantages resulting from non-compliance with paragraph 2, 3 or 4.

Article 6 (Protection of Personal Information)

The Company shall endeavor to protect the personal information pursuant to the relevant laws and regulations such as the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. and Personal Information Protection Act. The relevant laws and regulations and the Policy on Management of Personal Information of the Company shall apply to the protection and use of personal information. However, the Policy on Management of Personal Information of the Company shall not apply to the linked sites other than the Company’s official site.

(Policy on Protection of Personal Information: http://biz.tenping.net/Common/Privacy)

Article 7 (Execution of Agreement on Use of Tenping Advertising)

• "The agreement on use of Tenping Advertising shall be executed by the Company’s acceptance to the application for posting of Tenping Advertising made by the Advertiser in accordance with the procedure set forth by the Company, and the Company may guide the specific application and acceptance procedure through Tenping advertising Center.
• The Advertiser shall apply for the posting of Tenping Advertising in accordance with the manners and procedure requested the Company. The Company has the authority to decide standards for review, whether to accept and method of acceptance regarding the Advertiser’s application, may request the modification of the contents of the application to the Advertiser in accordance with the relevant laws and regulations and the Company’s standards.
• If the agreement on use of Tenping Advertising is not executed due to the Advertiser’s reject to the modification request, the Company’s non-acceptance, etc., the Advertiser may request to the Company the refund or reimbursement of Tenping Money paid for application of the relevant Tenping Advertising.
• When there is any change in the website, products, services or providers of Tenping Advertising while using of the Services after the execution of the agreement on use, the Advertiser shall immediately notify the Company of such fact and go through re-examination, and the disadvantages caused by the re-examination shall be borne by the Advertiser.
• The Advertiser must ensure that the Advertisement Material of Tenping Advertising which is applied for by himself/herself and the website, products, services or providers of Tenping Advertising shall not violate the relevant laws and regulations or infringe a third party’s rights.
• The Company’s acceptance of the application for posting Tenping Advertising pursuant to this Article shall not finally guarantee or warranty that the Advertisement Material of the relevant Tenping Advertising or the website, products, services or providers of the relevant Tenping Advertising does not violate the relevant laws or is suitable for the Terms, Policy on Management of Advertising, Guide for Use, etc. of the Company. Therefore, the Company may terminate the agreement on use of Tenping Advertising pursuant to Article 19 even after its acceptance thereof when it is confirmed that the Advertisement Material or the website, products, services, etc. violates the relevant laws and regulations, the Terms, Policy on Management of Advertising, Guide for Use, etc.

Article 8 (Contents of Services)

• Tenping Advertising means the posting the advertising applied for by the Advertiser and accepted by the Company on the SNS, web or mobile message in accordance with the manners set forth by the Company when the User of advertisement Media uses the advertisement Media.
• The Company may guide the application process, the scope of posting or other contents of Services of Tenping Advertising through Tenping Advertising Center, and the Advertisers should confirm them carefully prior to the execution of an agreement on use of Tenping Advertising.

Article 9 (Posting of Tenping Advertising)

• The Company shall have the authority to determine the scope of the Advertisement Media where the Tenping Advertising posts and the posting area, posting order, posting information, UI of the posting area, etc. in the Advertisement Media (hereinafter the “Scope of Posting, etc.”), and, therefore, may modify or add them.
• If there is a change in the scope of the Advertisement Media, the Company posts such change to the notice board in the Tenping Advertising Center prior to such change. If the Advertisers do not consent to the changed contents, the Advertisers may suspend the exposure of Tenping Advertising posted with the changed contents in his/her Advertiser Account at any time.
• The Company may, from time to time, proceed the testing for some traffic in order to improve the quality of the Services and increase the effectiveness of Tenping Advertising without a separate notice.
• If the Tenping Advertising causes legal damage or property damage to the Company, the Advertiser or the User of Advertisement Media, or any other results which is or threatens to be contrary to conventional wisdom, the Company may restrict the posting of the Tenping Advertising or the number of the Tenping Advertising posted. The specific standards regarding the restriction of posting of the Tenping Advertising, the number of the Tenping Advertising posted, etc is set forth in Policy on Management of Advertising.
• If the operator of the Advertisement Media requests the restriction on posting of a certain Tenping Advertising or the change of the Scope of Posting, etc. in its Advertisement Media with a legitimate and reasonable ground, the Company may restrict the posting of the relevant Tenping Advertising or change the Scope of Posting, etc. In such case, the Company should notify the Advertiser in the manner set forth in Article 12. However, if there is an inevitable reason that the Company cannot notify in advance, the ex-post notification can be made.

Article 10 (Change of Services)

• The Company may change the contents, operational or technical matters of the Services, etc. for the purpose of provision of stable Services.
• If the Company changes the Services, the Company shall publicly notify the change in Tenping Advertising Center by specifying the contents of change and the date of application in advance. When the change is related to the substantial matters in connection with the rights and obligations of the Advertiser or the use of Services of the Advertiser, the change shall be notified at least seven days before the date of application. However, the change is disadvantageous to the Advertiser, the notification shall be given at least thirty days before the date of application.
• If the Advertiser does not agree to the change of the Services, the Advertiser may secede from the Advertiser by expressing his/her intention to refuse the change.

Article 11 (Suspension of Services)

• If there is maintenance and repair, replacement, breakdown, or communication failure of the information and communication equipment such as computer, or any other reasonable grounds I its operation, the Company may temporarily suspend the provision of the Services.
• In case of the preceding paragraph, the Company shall notify it in accordance with Article 12 to the Advertisers. However, if there is an inevitable reason that the Company cannot notify in advance, the ex-post notification can be made.
• The Company shall not take responsibilities to the Advertiser’s loss arising out of the suspension of provision of the Services under the paragraph 1 unless there is the Company’s willful misconduct or negligence.

Article 12 (Notification to the Advertisers)

• When the Company makes notification to the Advertisers, unless otherwise provided in the Terms, the Company may use the e-mail address provided by the Advertisers, mobile or telephone number, address, screen for consent used at the time of login at Tenping Adverting Center, etc.
• When the Company make notification to all of the Advertisers, the Company may replace the notification in the preceding paragraph with the posting to the notice board in the Tenping Advertising Center for more than seven days. However, for the matters that have a significant effect on the use of the Services by the Advertisers, the Company will notify it in more than two ways of the notification means set forth in the preceding paragraph.
• The Advertisers shall provide the Company with actual e-mail, mobile or telephone number, address, etc., maintain such information up-to-date, and confirm the Company’s notification.
• The Advertisers are not protected against the disadvantage caused by neglecting the obligation of the preceding paragraph.

Article 13 (Services Fee, etc.)

• The Services fee of the Tenping Advertising is classified as fixed charge system and measured rate system based on the method of payment, and the Advertiser shall recharge or pay the Services fee in accordance with each product’s characteristic with Tenping Money before the posting of the advertising.
• In the event that the Advertiser requests for the Company to send an invoice to a third party on behalf of the Advertiser by issuing a tax statement for the amount related to use of Services such as Services fee, etc. in accordance with the procedure set forth by Tenping Advertising Center or the Company, the Company may agree upon it. However, the Company may refuse the Advertiser’s request.
• The third party designated by the Advertiser shall comply with the procedure set forth by the Company, and if the third party designated by the Advertiser does not pay the amount related to the Services such as Services Fee in a timely manner to the Company or refuses to receive the receipt of a tax statement issued by the Company, the Company may issue a tax statement to the Advertiser and request to pay the relevant amount and the Advertiser shall make payment immediately to the Company. If the Company is damaged due to refusal to the receipt of a tan statement, etc. by the third party designated by the Advertiser, the Advertiser shall bear all responsibilities for the relevant damages.

Article 14 (Duty of the Company)

• The Company shall comply with the relevant laws and regulations and the Terms, and make its best efforts to provide continuous and stable Services.
• The Company discloses and complies with the Policy on Management of Personal Information and has a security system to ensure that the Advertisers is able to use the Services safely.
• .The Company shall handle any comments or complaints from the Advertisers regarding the use of Services, if it is deemed justifiable, and may deliver its handling process and the results to the Advertiser by the notice board in the Tenping Advertising Center, e-mail, etc.

Article 15 (Duty of the Advertisers)

• The Advertisers shall comply with the relevant laws and regulations, the Terms, Policy on Management of Personal Information, Guide for Use and any other matters publicly notified or delivered by the Company and do not engage in the activities obstructing the business of the Company.
• The Advertisers shall use the Advertiser Account only for the purpose of using the Services.
• In no event shall the Advertiser manufacture, distribute, install or induce to manufacture, distribute or install the tools which performs any of the following activities such as agent, robot, script, spider and spyware without prior approval of the Company and perform or attempt to perform any of the following activities through any other improper method.
  • Accessing the Services in a manner not provided by the Company;
  • Creating or increasing the exposure frequency or the number of clicks improperly;
  • Activities that cause load on the Company’s servers, facilities, etc.; or
  • Any other activities that obstruct the normal operation of the Services
• The Advertisers shall not lend or assign the purchased Tenping Advertising and its related rights to use the Services to any third party, and borrow or take over the Tenping Advertising and its related rights to use the Services purchased by any third party.
• The Advertisers shall not use his/her Advertiser Account in order to advertise any third party’s website, products, services or information on any third party without the consent of the Company.
• The Advertisers shall not write down other person’s information than the Advertiser and his/her employee or false information in the Advertiser information.
• The Advertisers shall not provide, disclose or leak all of the information such as the materials related to the Services and information regarding the application for posting like a bid that is obtained while using the Services to any third party.
• When the Company requests to verify the provision of materials or the access right and the related facts thereto in order to confirm the provision of the Services or the violation of this Article, the Advertiser should follow this request faithfully.
If a third party raises a civil or criminal issue against the Company due to the Advertiser’s breach of the Terms or the relevant laws and regulations which is not attributable to the Company, the Advertiser must actively cooperate in resolving the relevant issue and shall be liable for the Company’s damages in this regard.

Article 16 (Termination of the Agreement on Use of Tenping Advertising)

• The Advertiser may at any time access the Tenping Advertising Center and apply for the termination of the agreement on use of Tenping Advertising. In such case, the agreement will be terminated the day after the application date.
• If the Advertiser terminates the agreement on Use of Tenping Advertising pursuant to the preceding paragraph, the Company will refund the Services fee for the remaining contract period. However, the refund will be made after the relevant settlement as the deducted amount of Users of Advertisement Media may be settled later.

Article 17 (Recharge, Refund, Expiration, etc. of Tenping Money)

• Tenping Money may be recharged by credit card and cash (“hereinafter the “Cash, etc.”). The exchange rate between Tenping Money and Cash, etc. is 1:1.
• In the event that the agreement on use of Tenping Advertising is cancelled or terminated, the Company will refund the Services fee, etc. with Tenping Money. The refund herein means the return of the relevant Tenping Money to the Advertiser Account of the relevant Advertiser.
• In the event that the Advertiser requests the refund of Tenping Money due to suspension of use of Services, etc., the Company shall refund the refundable Tenping Money in the Advertiser Account. The refund herein means the repayment of the relevant amount of money by cancellation of credit card payment or cash corresponding to the Advertiser’s method of recharge; provided, that, in case of cancellation of credit card payment, the cancellation is available after the payment of Services fee which is already used.
• In the event that Tenping Money has not been recharged or used again for five years after the last day when it was recharged or used, Tenping Money may expire due to the statutory limitations under the Commercial Act in accordance with Policy on Management of Advertising.
• The Company may issue the Coupon which may be converted into Tenping Money to the Advertiser. The Advertiser may use it only in accordance with the terms and conditions set forth in the Coupon, and it will expire when not used within the period. In addition, the Coupon provided free of charge is not allowed to be refunded in any form and will expire when not used.

Article 18 (Posting Period of Tenping Advertising, etc.)

• The Advertiser may at any time apply for the addition, deletion, posting, suspension of posting, etc of Tenping Advertising by accessing to the Tenping Advertising Center.
• If the Advertiser does not recharge Tenping Money enough in advance for normal use of Services, the posting of Tenping Advertising may be suspended and the Advertiser takes responsibilities for the problem arising therefrom.

Article 19 (Restriction on Use, etc.)

• If the Advertiser breaches the relevant laws and regulations or fails to comply with the terms and conditions or Policy on Management of Advertising, the Company may restrict the application for posting of Tenping Advertising or the posting of Tenping Advertising, suspend use of the Services, terminate the agreement on use of Tenping Advertising executed in accordance with Article 7, and terminate the relationship with the Advertiser registered pursuant to Article 4 by its authority(hereinafter the “Restriction on Use”). The specific standards of the Restriction on Use, etc. shall be set forth in Policy on Management of Advertising.
• In the event that the Company finds the cause of termination pursuant to paragraph 2 of Article 4, the Company may take measures on restriction on use.
• In case of Restriction on Use pursuant to paragraph 1 or paragraph 2, the Company may restrict the use of other services (shopping mall, other advertising media, etc.) of the Company that the Advertiser uses after the execution of the relevant agreement on use with the Company or terminate such agreement on use. In case of the restriction on use of other services of the Company or the termination of the relevant agreement is completed, the Company may also restrict the use of Tenping Advertising or terminate the relevant agreement on use.
• In case of the Restriction on Use pursuant to paragraph 1 or paragraph 2, the Company will notify the Advertiser of it in accordance with the provisions set forth in Article 12. In such case, the Company will grant the opportunity of pleading with a reasonable period to the Advertiser before the Restriction on Use; provided, however, that the period for pleading may not be granted when there exist the events set forth in Policy on Management of Advertising.
• The Advertiser may file complaints against the Restriction on Use under this Article in accordance with the procedures set by the Company. The Company may cancel the Restriction on Use immediately, if the Company deems the complaints of the Advertiser justifiable.
• If the Restriction on Use under this Article is enforced to the relevant Advertiser due to the Advertiser’s failure to comply with Article 5, the Advertiser may request the withdrawal of the Restriction on use after the modification of the relevant Advertiser’s information in accordance with the procedures set by the Company.
• If the Company enforces the Restriction on Use to Tenping Advertising with fixed charge system, the Services fee for the remaining contract period shall be repaid.
• If the Advertiser breaches paragraph 6 of Article 15, the Company may provide the details of posting of the relevant advertising to the owner of the website targeted at the advertising, the provider of the products or services, and the person targeted at Tenping Advertising.

Article 20 (Secession of the Advertiser)

• The Advertiser may at any time apply for the secession from the Advertiser joined in accordance with Article 4 of the Terms by requesting to the customer center or accessing directly to Tenping Advertising Center, and the Company should deal with it immediately in accordance with the relevant laws and regulations.
• If the secession from the Advertiser is completed, the Company should delete the Advertisement Material, the information regarding the products or services targeted at Tenping Advertising such as website or its providers, and all of the Advertiser’s information except the Advertiser’s information retained by the Company pursuant to the relevant laws and regulations and the Policy on Management of Personal information.
• If the secession from the Advertiser is completed, the re-entry with the information of the relevant Advertising Account may be restricted as provided by Policy on Management of Advertising.

Article 21 (Compensation for Damages, etc.)

• If the Company damages the Advertiser due to the Company’s willful misconduct or negligence in connection with the use of the Services, the Company shall compensate for the Advertiser’s damages within the scope as prescribed by the relevant laws and regulations.
• If the Advertiser damages the Company due to the violation of the Terms or the relevant laws and regulations, the Advertiser shall compensate for the Company’s damages within the scope as prescribed by the relevant laws and regulations.

Article 22 (Limitation of Liability)

• If the Company is unable to provide the Services due to force majeure events such as natural disasters, DDOS attacks, IDC failure, circuit line failure of key communications business operator, the Advertising Media’s failure or other events similar thereto, the Company is exempted from the liability to provide the Services.
• The Company shall not take responsibilities to the trouble in using the Services due to the reasons attributable to the Advertiser.
• The Company shall not take responsibilities to the creditability, accuracy, legitimacy, etc. of the Advertisement Material provided by the Advertiser in connection with the Services, the website, products, or services targeted at the relevant Tenping Advertising, or its providers.
• The Company shall not warrant the creditability, accuracy, legitimacy, etc. of the Advertising Media, and the searching results or contents exposed on the Advertising Media. However, if the Advertising Media breaches the relevant laws and regulations or the policy on the Advertising Media of the Company, the Company may not post the advertising to the relevant Advertising media and shall not take responsibilities for the posting or posting suspension of the advertising to the relevant Advertising Media.
• The Company shall not warrant that the searching results or contents exposed on the Advertising Media consist of the contents amicable to the Advertiser, and shall not take responsibilities to the posting of the advertising including the searching results or contents which is negative to the Advertisers.
• The Company may provide the Advertiser with the function of setting exposure conditions (time, area, etc.) of Tenping Advertising to improve the advertising effectiveness, and make best efforts to expose Tenping Advertising in accordance with the conditions as set by the Advertiser. However, the Company shall not warrant that all of the Tenping Advertising are exposed pursuant to the conditions as set by the Advertiser, and shall not take responsibilities for Tenping Advertising exposed differently from the established conditions.
• The Company may provide the Advertiser with the function of automatic advertising posting and management in accordance with the system which includes establishment of the advertising conditions (term, services fee, etc.) for convenience of advertising operations. If the Advertiser applies for the automatic advertising operations by using the relevant function, the Company will post the advertising accordingly and shall not take responsibilities for the results of the automatic advertising operations.
• The Company shall not be liable for any damages incurred to the Advertiser arising from the User of Advertising Media’s creation and transmission of illegal or improper messages in a manner that the Company cannot anticipate and control.

Article 23 (Interpretation of the Terms)

• The Company may have Policy on Management of Advertising separately in addition to the Terms.
• As for matters not specified in this Terms or interpretation thereof shall be governed by the Policy on Management of Advertising, Guide for Use and the relevant laws and regulations.

Article 24 (Governing Law and Jurisdiction)

• The disputes between the Company and the Advertiser shall be governed by the laws of the Republic of Korea.
• The lawsuit regarding the disputes between the Company and the Advertisers shall be submitted to the competent courts pursuant to the Civil Procedure Act.

[Addendum]

The Terms shall be effective from May 12, 2015.