Terms and Conditions
Updated: January 3, 2022
These terms and conditions (hereinafter referred to as the “Terms and Conditions”) are set between the customer (hereinafter referred to as the “Customer”) using any products 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 following terms are used in these Terms and Conditions.
1.1 ”Portal Manager” refers to a company or agency manager who manages Customers who use the Services.
1.2 ”Mobile Credential” refers to the use of a mobile device as an access control identifier, such as a mobile employee ID card.
1.3 “Customer” refers to all customers who use the Services.
1.4 “Personal Data” are any information which are related to an identified or identifiable natural person. Please refer to MOCA’s Privacy Notice.
2. Agreement of Terms and Conditions
2.1 The Company shall provide the Services in accordance with the Terms and Conditions.
2.2 Customers shall be notified of the Terms and Conditions by the Terms and Conditions being posted within this application or service portal. The Terms and Conditions become effective when the Customer clicks the “I agree” button.
2.3 These Terms and Conditions may be amended within the scope of Korean laws and regulations and EU General Data Protection Regulation if deemed necessary by the Company. If the Company revises the Terms and Conditions, the expected date of implementation and reason for revision are announced, and the revision will be announced in the application or service initial screen together with the current terms 7 days prior to the implementation date. However, in the event that the Terms and Conditions are changed unfavorably to the Customer or if the updates reflect a substantial or material change to our Policy, in addition to notifying the Customer of the change with at least a 30-day advance grace period, the Customer will be notified by electronic means such as electronic mail.
2.4 When the Company notifies the amendment of the Terms and Conditions pursuant to Paragraph 3, if the Customer does not express their intention to refuse the amendment before the day of implementation of the amendment, they shall be deemed to have consented to the change in the Terms and Conditions. If a Customer disagrees with the changed terms, they may stop using the Services and thereby terminating the Terms and Conditions and terminate the use contract.
2.5 Agreeing to these Terms and Conditions means that the Customer agrees to regularly visit the service portal operated by the Company to confirm changes to these Terms and Conditions. The Company shall not take responsibility for any damages incurred by Customers being unaware of the changed Terms and Conditions.
3. Rules other than Terms and Conditions
3.1 The matters not specified in these Terms and Conditions may be regulated by related laws such as Personal Information Protection Act, Act on Telecommunications Basic Law, 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 Protection Regulation, and guidelines for the detailed use of the Services provided by the Company (hereinafter referred to as “the Policy”).
3.2 If the Policy is different from the conditions set forth in the Terms and Conditions, the conditions specified in the Policy shall take precedence.
3.3 The Company may, if necessary, announce policies related to the use of the Services via the method described in Article 2 (3).
3.4 In connection with these Terms and Conditions, any notices such as the changes to the Company’s policies, legislative changes or amendments, or public agency notices or guidelines, made by the Company through this application or through the service portal are also part of these Terms and Conditions.
4.1 If the Customer registers information related to themselves for the purpose of using the Services, they must provide true, accurate and complete information and always make modifications to ensure that the information is current.
4.2 When registering a password to use the Services, the Customer must manage it assiduously at their own risk so that it is not used illegally. The Company considers any behavior made using a Customer’s registered password as the act of the Customer.
4.3 Customers enrolled in the Services may delete their account and leave the Service at anytime.
4.4 The Company may suspend or terminate an account without prior notice if the Customer is found to be in breach or violation of these Terms and Conditions.
4.5 In accordance with the Personal Information Protection Act, the Company may terminate the contract and take necessary measures such as destruction of personal information to protect the personal information of Customers who have not used the Services continuously for one year. In this case, the Customer will be notified of the fact that necessary measures are being taken, the expiration date of personal information, and personal information items, up to 30 days in advance of the action being carried out.
4.6 All use rights that the Customer has with regard to the Services will be terminated when their account is deleted. Please note that if you accidentally delete your account, it will not be possible to recover it.
4.7 The account for these Services belongs exclusively to the Customer. The Customer may not transfer, rent or pass on to a third party any of the use rights that they have for the Services.
5.1 The Company respects the privacy of its Customers.
5.3 The Company takes the utmost care to ensure that information collected from Customers is securely managed.
6. Provisionof the Services
6.1 Any PCs, cellular phones, communication equipment, operating systems, means of communication and power required to use the Services must be prepared by the Customer at the Customer’s expense and are the responsibility of the Customer.
6.2 The Company may provide all or part of the Services only to Customers who satisfy conditions related to age, identity verification, existence of registration information, and other conditions that the Company deems necessary.
6.3 The Company may, at its sole discretion, change the contents of the Services at any time without prior notice to the Customer and may suspend the Services.
6.4 The Company may, from time to time, change the contents of all or part of the existing Services without notice in order to improve the Services.
6.5 The Company may limit or discontinue all or any part of the Services in the case of the following:
1) In the event of maintenance, inspection, replacement or breakdown of information and communication equipment such as computers;
2) In the event that it is unavoidable as a result of construction work, such as maintenance of facilities for the Services;
3) In the event that it is necessary for service upgrades and portal maintenance;
4) In the event of interruption of normal service due to a power outage, failure of facilities, etc;
5) In the event that the Services cannot be maintained due to various reasons, such as termination of contract with service provider; or
6) In the event of a force 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 not possible due to interruption of service caused by reasons beyond the Company’s control (such as system failure, etc. not related to operator’s negligence).
6.7 The Company shall have no responsibility whatsoever for damages incurred by the Customer as a result of the change or discontinuation of the Services, unless there is wilfull misconduct or gross negligence.
7. The Services
7.1 The Company cannot transfer or re-approve the Services provided by the Company. The Services are non-exclusive and the Company grants to the Customer a right to the Services solely for their own use.
7.2 The intellectual property rights and other rights of the Services provided by the Company to the Customer are not transferred to the Customer, and the Customer is entitled to the use only.
7.3 The Customer may not use any part of the Services beyond the predefined use in the Services (including copying, transmitting, reposting, modifying, etc.).
7.4 The Customer must apply for the license specified in the Services and purchase the license to acquire the authority to use the Service.
7.5 The Customer has the authority to use the Mobile Credential issued through this Services, and the Company does not in principle share or control it with other Customers. However, if the Company believes that there is a possibility of violation of the Terms and Conditions, the Company may remove the Customer from registration, the Mobile Credential and other registration devices, and the Company may restrict the access of those Customers.
The Customer shall not commit any of the following actions while using the Services.
8.1 Violating laws, court rulings, decisions or orders, or administrative actions that are binding in statute.
8.2 Infringing on the intellectual property, honor, privacy, or other statutory or contractual rights such as copyrights, trademarks, patents, etc. of a company or a third party.
8.3 Acts such as impersonation of a company or third party, ID theft, password theft or intentional dissemination of false information.
8.4 Disguising oneself as another Customer or registering a device without consent and issuing a Mobile Credential.
8.5 Exchanging the right to use the Services for cash, property or other economic interests in a manner other than the manner prescribed by the Company.
8.6 Using theServices for purposes other than the purpose for which the Services are intended.
8.7 Unlawfully collecting, disclosing, or providing the personal information, registration information, or usage history information of another person.
8.8 Acts to interfere with the server and network system of the Services, illegal manipulation of the Services using bots, cheating tools, or other technical means, intentional exploitation of flaws in the Services, other acts that interfere with or interfere with operation of the Services or use of theServices by other users.
8.9 Assisting or promoting any of activities 8.1 to 8.8 above.
8.10 Other violations of public order and morals, carrying out illegal, unjust acts, and violations of relevant laws and regulations.
9. Customer Responsibility
9.1 The Customer must use the Services at their own risk, and they are solely responsible for all actions and results of the Services.
9.2 If theCompany acknowledges that the Customer is using the Services in a form that is contrary to these Terms and Conditions, the Company may take necessary and appropriate action. However, the Company has no obligation to prevent or correct 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 part ydue to such use), the Customer shall promptly provide compensation (including attorneys’ fees) for the damages at the request of the Company.
10. The Portal Manager’s Responsibility
10.1 The Portal Manager is responsible for managing the Personal Data that comes within the Portal Manager’s control. The Portal Manager shall be solely liable for any breach, infringement or damages which arises due to the Portal Manager’s improper management of the Personal Data.
10.2 The Portal Manager shall responsibly manage the Services, and shall immediately report to the Company if problems affecting the 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, as incurred, 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 wilful misconduct or negligence caused by the Portal Manager, and (iii) breach of local law that is not attributable to the Company.
11. The Company’s Disclaimer
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OF TERMS AND CONDITIONS,NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY THE COMPANY, AND THE COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
12. Limitation of Liability/ Limitation of Remedies
12.1 IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT 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 TERMS AND CONDITIONS. IN NO EVENT SHALL THE COMPANY ‘S AGGREGATE LIABILITY UNDER THIS AGREEMENT, 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 obligations under the Terms and Conditions, as the Customer’s sole and exclusive remedy:(a) the Customer may stop using the Services in accordance with the terms hereof, and (b) receive a pro-rata refund of fees paid to us hereunder for incompetence work and work not done in accordance with the Terms and Conditions.
The Company may terminate this agreement on the Terms and Conditions or suspend the Customer’s access to the Services at any time, including in the event of your actual or suspected 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 or responsibility to the Customer, and the Company will not refund any amounts that the Customer has already paid, to the fullest extent permitted under applicable law. The Customer may terminate the Agreements at any time. To learn how to terminate the Customer account, please contact us as indicated inArticle 14 (2).
14. How to contact us
14.1 When we contact the Customer regarding the Services, we will post it in the appropriate place on the website operated by the Company or in such other way as the Company deems appropriate.
14.2 To contact the Company with regard to the Services, you can use the customer inquiry page found in the appropriate place on the website operated by the Company or by the method specified by the Company.
15. Governing law and jurisdiction
The originalTerms and Conditions shall be in Korean and shall be governed by the laws of the Republic of Korea. For disputes arising between the Customer and theCompany due to or relating to the Services, the court of the Republic of Korea designated by the Company shall be the competent court of first instance.