These terms and conditions (hereinafter referred to as the "Termsand Conditions") are set between the customer (hereinafter referred to asthe "Customer") using anyproducts and services related to Airfob Mobile Access (hereinafter referred to as the"Services") provided by MOCA System Inc. (“We”, the"Company", or “MOCA”), regarding the use of all Services.
The followingterms are used in these Terms and Conditions.
1.1 "PortalManager" refers to a company or agency manager who manages Customers whouse the Services.
1.2 "MobileCredential" refers to the use of a mobile device as an access controlidentifier, such as a mobile employee ID card.
1.3 “Customer” refersto all customers who use the Services.
1.4 “PersonalData” are any information which are related to an identified or identifiablenatural person. Please refer to MOCA’s Privacy Notice.
2.1 The Companyshall provide the Services in accordance with the Terms and Conditions.
2.2 Customersshall be notified of the Terms and Conditions by the Terms and Conditions beingposted within this application or service portal. The Terms and Conditionsbecome effective when the Customer clicks the "I agree" button.
2.3 These Termsand Conditions may be amended within the scope of Korean laws and regulationsand EU General Data Protection Regulation if deemed necessary by the Company.If the Company revises the Terms and Conditions, the expected date ofimplementation and reason for revision are announced, and the revision will beannounced in the application or service initial screen together with thecurrent terms 7 days prior to the implementation date. However, in the eventthat the Terms and Conditions are changed unfavorably to the Customer or if theupdates reflect a substantial or material change to our Policy, in addition tonotifying the Customer of the change with at least a 30-day advance graceperiod, the Customer will be notified by electronic means such as electronic mail.
2.4 When theCompany notifies the amendment of the Terms and Conditions pursuant toParagraph 3, if the Customer does not express their intention to refuse theamendment before the day of implementation of the amendment, they shall bedeemed to have consented to the change in the Terms and Conditions. If aCustomer disagrees with the changed terms, they may stop using the Services andthereby terminating the Terms and Conditions and terminate the use contract.
2.5 Agreeing tothese Terms and Conditions means that the Customer agrees to regularly visit the service portal operated by theCompany to confirm changes to these Terms and Conditions. The Company shall nottake responsibility for any damages incurred by Customers being unaware of thechanged Terms and Conditions.
3.1 The mattersnot specified in these Terms and Conditions may be regulated by related lawssuch as Personal Information Protection Act, Act on Telecommunications BasicLaw, Telecommunications Business Act, Monopoly Regulation and Fair Trade Act,Promotion of Information Network Usage and Information Protection Act, Act onConsumer Protection in Electronic Commerce etc., EU General Data ProtectionRegulation, and guidelines for the detailed use of the Services provided by theCompany (hereinafter referred to as "the Policy").
3.2 If the Policyis different from the conditions set forth in the Terms and Conditions, theconditions specified in the Policy shall take precedence.
3.3 The Companymay, if necessary, announce policies related to the use of the Services via themethod described in Article 2 (3).
3.4 In connectionwith these Terms and Conditions, any notices such as the changes to theCompany's policies, legislative changes or amendments, or public agency noticesor guidelines, made by the Company through this application or through theservice portal are also part of these Terms and Conditions.
4.1 If theCustomer registers information related to themselves for the purpose of usingthe Services, they must provide true, accurate and complete information andalways make modifications to ensure that the information is current.
4.2 Whenregistering a password to use the Services, the Customer must manage itassiduously at their own risk so that it is not used illegally. The Companyconsiders any behavior made using a Customer's registered password as the actof the Customer.
4.3 Customersenrolled in the Services may delete their account and leave the Service at anytime.
4.4 The Companymay suspend or terminate an account without prior notice if the Customer isfound to be in breach or violation of these Terms and Conditions.
4.5 In accordancewith the Personal Information Protection Act, the Company may terminate thecontract and take necessary measures such as destruction of personalinformation to protect the personal information of Customers who have not usedthe Services continuously for one year. In this case, the Customer will benotified of the fact that necessary measures are being taken, the expirationdate of personal information, and personal information items, up to 30 days inadvance of the action being carried out.
4.6 All userights that the Customer has with regard to the Services will be terminatedwhen their account is deleted. Please note that if you accidentally delete youraccount, it will not be possible to recover it.
4.7 The accountfor these Services belongs exclusively to the Customer. The Customer may nottransfer, rent or pass on to a third party any of the use rights that they havefor the Services.
5.1 The Companyrespects the privacy of its Customers.
5.3 The Companytakes the utmost care to ensure that information collected from Customers issecurely managed.
6.1 Any PCs,cellular phones, communication equipment, operating systems, means ofcommunication and power required to use the Services must be prepared by theCustomer at the Customer's expense and are the responsibility of the Customer.
6.2 The Companymay provide all or part of the Services only to Customers who satisfyconditions related to age, identity verification, existence of registrationinformation, and other conditions that the Company deems necessary.
6.3 The Companymay, at its sole discretion, change the contents of the Services at any timewithout prior notice to the Customer and may suspend the Services.
6.4 The Companymay, from time to time, change the contents of all or part of the existingServices without notice in order to improve the Services.
6.5 The Companymay limit or discontinue all or any part of the Services in the case of the following:
1) In the event ofmaintenance, inspection, replacement or breakdown of information andcommunication equipment such as computers;
2) Inthe event that it is unavoidable as a result of construction work, such asmaintenance of facilities for the Services;
3) Inthe event that it is necessary for service upgrades and portal maintenance;
4) Inthe event of interruption of normal service due to a power outage, failure offacilities, etc;
5) Inthe event that the Services cannot be maintained due to various reasons, suchas termination of contract with service provider; or
6) In the event of aforce majeure, such as a natural disaster or a national emergency.
6.6 In the event of a service interruption pursuant to provision 6.5,the Company shall notify the Customer in the manner described in Article 2 (3).However, the Company will not notify the Customer if advance notice is notpossible due to interruption of service caused by reasons beyond the Company'scontrol (such as system failure, etc. not related to operator's negligence).
6.7 The Company shall have no responsibility whatsoever for damages incurredby the Customer as a result of the change or discontinuation of the Services,unless there is wilful misconduct or gross negligence.
7.1 The Companycannot transfer or re-approve the Services provided by the Company. TheServices are non-exclusive and the Company grants to the Customer a right tothe Services solely for their own use.
7.2 Theintellectual property rights and other rights of the Services provided by theCompany to the Customer are not transferred to the Customer, and the Customeris entitled to the use only.
7.3 The Customermay not use any part of the Services beyond the predefined use in the Services(including copying, transmitting, reposting, modifying, etc.).
7.4 The Customermust apply for the license specified in the Services and purchase the licenseto acquire the authority to use the Service.
7.5 The Customerhas the authority to use the Mobile Credential issued through this Services, and the Company does not in principleshare or control it with other Customers. However, if the Company believes thatthere is a possibility of violation of the Terms and Conditions, the Companymay remove the Customer from registration, the Mobile Credential and other registration devices, and the Company may restrict the accessof those Customers.
The Customershall not commit any of the following actions while using the Services.
8.1 Violatinglaws, court rulings, decisions or orders, or administrative actions that arebinding in statute.
8.2 Infringing onthe intellectual property, honor, privacy, or other statutory or contractualrights such as copyrights, trademarks, patents, etc. of a company or a thirdparty.
8.3 Acts such asimpersonation of a company or third party, ID theft, password theft orintentional dissemination of false information.
8.4 Disguisingoneself as another Customer or registering a device without consent and issuinga Mobile Credential.
8.5 Exchangingthe right to use the Services for cash, property or other economic interests ina manner other than the manner prescribed by the Company.
8.6 Using theServices for purposes other than the purpose for which the Services areintended.
8.7 Unlawfullycollecting, disclosing, or providing the personal information, registrationinformation, or usage history information of another person.
8.8 Acts tointerfere with the server and network system of the Services, illegalmanipulation of the Services using bots, cheating tools, or other technicalmeans, intentional exploitation of flaws in the Services, other acts thatinterfere with or interfere with operation of the Services or use of theServices by other users.
8.9 Assisting orpromoting any of activities 8.1 to 8.8 above.
8.10 Otherviolations of public order and morals, carrying out illegal, unjust acts, andviolations of relevant laws and regulations.
9.1 The Customermust use the Services at their own risk, and they are solely responsible forall actions and results of the Services.
9.2 If theCompany acknowledges that the Customer is using the Services in a form that iscontrary to these Terms and Conditions, the Company may take necessary andappropriate action. However, the Company has no obligation to prevent orcorrect such violations.
9.3 In case thatthe Company has any damages directly or indirectly caused by the use of theServices (including cases where the Company receives a claim from a third partydue to such use), the Customer shall promptly provide compensation (includingattorneys' fees) for the damages at the request of the Company.
10.1 The Portal Manager is responsible formanaging the Personal Data that comes within the Portal Manager’s control. The Portal Manager shall be solely liable forany breach, infringement or damages which arises due to the Portal Manager’simproper management of the Personal Data.
10.2 The Portal Manager shall responsibly managethe Services, and shall immediately report to the Company if problems affectingthe Services or the security of the found Personal Data.
10.3 The Portal Manager shall protect, defend,indemnify and hold the Company harmless from and against all losses, costs,liabilities, claims, damages and expenses of every kind and character, asincurred, resulting from or relating to or arising out of (i) breach of Article10 (1), (ii) legal actions by other Customers or third-parties due to wilfulmisconduct or negligence caused by the Portal Manager, and (iii) breach oflocal law that is not attributable to the Company.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OF TERMS AND CONDITIONS,NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY THE COMPANY, AND THE COMPANYEXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION ANYIMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADEPRACTICE.
12.1 IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANYINDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDINGWITHOUT LIMITATION LOSS OF USE, INTERRUPTION OF BUSINESS, LOSS OF DATA OR LOSSOF PROFITS, ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OF TERMSAND CONDITIONS. IN NO EVENT SHALL THE COMPANY ‘S AGGREGATE LIABILITY UNDER THISAGREEMENT, REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE TOTAL FEES PAID BYTHE CUSTOMER HEREUNDER DURING THE PRECEDING TWELVE(12) MONTHS.
12.2 In the event the Company breaches its obligationsunder the Terms and Conditions, as the Customer’s sole and exclusive remedy:(a) the Customer may stop using the Services in accordance with the termshereof, and (b) receive a pro-rata refund of fees paid to us hereunder forincompetence work and work not done in accordance with the Terms and Conditions.
The Company may terminatethis agreement on the Terms and Conditions or suspend the Customer’saccess to the Services at any time, including in the event of your actual orsuspected unauthorized use of the Services and/or non-compliance with this agreement.In such case, the Customer agrees that the Company shall have no liability orresponsibility to the Customer, and the Company will not refund any amountsthat the Customer has already paid, to the fullest extent permitted underapplicable law. The Customer may terminate the Agreements at any time. To learnhow to terminate the Customer account, please contact us as indicated inArticle 14 (2).
14.1 When we contact the Customer regarding the Services, we will post itin the appropriate place on the website operated by the Company or in suchother way as the Company deems appropriate.
14.2 To contact the Company with regard to the Services, you can use thecustomer inquiry page found in the appropriate place on the website operated bythe Company or by the method specified by the Company.
The originalTerms and Conditions shall be in Korean and shall be governed by the laws ofthe Republic of Korea. For disputes arising between the Customer and theCompany due to or relating to the Services, the court of the Republic of Koreadesignated by the Company shall be the competent court of first instance.