Chapter 1: General Provisions
Article 1 (Purpose)
This Agreement stipulates the basic service conditions, such as rights, duties, responsibilities, and service conditions between a member(s) and the company in using Todos Dialer Service (hereinafter referred to as "Dialer Service") and Todos Home Service (hereinafter referred to as "Home Service") provided by BC&M Co., Ltd. (hereinafter referred to as the "Company").
Article 2 (Effectiveness and Change of Terms)
① These terms and conditions shall be effective for all members who wish to use the service.
② The contents of this Agreement shall be posted in the service or notified to a member(s) by other means, and a member(s) who agrees with it shall sign up for the service for it to be effective.
③ If deemed necessary, the company may change these terms and conditions, and if the company changes the terms and conditions, it shall notify the date of the application and the reason for the change shall be specified 15 days before the application date in the same manner as in paragraph (2).
④ If the company notifies or informs a member(s) of the changed terms and conditions pursuant to paragraph (3), and notifies a member(s) of the company that it has agreed to the change of the terms and conditions by the date of application, the member(s) shall be deemed to have agreed to the changed terms and conditions even if the member(s) does not express his/her refusal to change the terms and conditions. If a member(s) does not agree to the changed terms and conditions, the member(s) may discontinue the service use and terminate the service contract.
Article 3 (Regulations other than the Agreement)
Matters not specified in this Agreement shall be governed by the relevant statutes, such as the Framework on Basic Telecommunications Act, the Telecommunications Business Act, and the detailed guidelines for the use of services prescribed by the Company.
Article 4 (Definitions of Terms)
① The terms used in these Terms and Conditions are defined as follows:
1. Service: The service provided by the company for a member(s) to use through various wired and wireless devices or programs such as mobile phones and portable terminals. And the company can announce the specific details of the service provided (individual services, etc.) within the service. The details of the services are as follows.
A. A service provided by the company for the use of voice calls and SMS functions for its member(s).
B. A service that allows a member(s) to change settings related to a call such as checking, saving, contact information, etc.
C. Todos Home device is provided to enable members to directly manage the USIM (the main body of the device, instructions for use, other components, and hereinafter referred to as the "home devices")
D. Other services are provided by the company directly or in partnership with a third party through a service application, etc. (advertisement, etc.)
2. Member(s): A person who has registered as a member(s) through the website.
3. Customer: A member(s) who is using the service with a fee
4. Corporations: divisions and foundations to which rights are granted by law.
(Corporate business established by shareholders and capital investments)
5. Private business: A business that does its own business without establishing a corporation. (Individual business owners)
② The definitions of terms used in this Agreement shall be governed by the relevant statues and the Service Guides, except as provided in paragraph 1.
Chapter 2 Service Use Agreement
Article 5 (Contract Enforcement)
① If the user clicks the “Agree” button on the contents of this Agreement posted in the service, he/she agrees to the terms and conditions and is deemed to have applied for the service use.
② The service contract shall be established by the Company’s consent to the user’s application for use under paragraph 1.
③ The Company may establish a separate contracting procedure for individual services that comprise the service.
Article 6 (Application Approval and Restrictions on Service Use)
① The Company may not accept applications for each of the following:
1. Where technical service is not available
2. When an application is made through the use of another person's name
3. In the case of an application by omitting or falsely stating user registration details
4. In the case of an application by objectively impeding or hindering the well-being or order of society
5. Where a member(s) has previously lost his/her membership under the Article 18 Paragraph 2. However, an exception will be made with a person whom the company has consented to re-join as a member after he/she has passed more than one year since the loss of the qualification.
6. If the requirements for the application previously announced by other companies are not satisfied.
② The Company may differentiate the service use, such as service charges and some restrictions on the service depending on the period of membership and the conditions of service use, such as membership qualifications and service charges may change if the service that a member(s) has subscribed to has changed (name change, cancellation, etc.).
Article 7 (Revision of Written Items)
In the event that a change has been made with the information submitted in the application, a member(s) shall modify it in accordance with the separate form and method determined by the Company. The Company is not responsible for any problems caused by the member’s failure to revise any changes in a timely manner.
Chapter 3 Use of Service
Article 8 (Commencement of Service Use)
① The Company will start providing services from the time of accepting the member's application for use. However, some services may start from a specified date.
② If the service cannot start due to a business or technical failure of the Company, it shall be notified within the service or notified to the members.
Article 9 (Time of Service Use)
① In principle, the use of the service is 24 hours a day, 7 days a week, and in order to use the service, the member's device must be connected to the Internet network, and the app for the service must be in operation. To use the Home service, the device body must be connected to a power source and an Internet network, and the member's USIM must be inserted. Voice calls or SMS cannot be received in an environment that does not meet the conditions. In this case, voice calls or SMS services that have not been received are not saved or protected for customer information protection purposes. Moreover, “emoticons” provided by some manufacturers' SMS may not be displayed properly.
② The Company can divide the service into a certain range and set the available time for each range separately, in which case the contents will be announced.
③ The service may be suspended due to the Company's business or technical reasons, and the service may be suspended for a period set by the Company for operational purposes. In such cases, the Company shall notify them to the member in advance or after.
Article 10 (Quality Assurance of Home Devices)
① The warranty period for home devices is 12 months from the date the Company makes a sale to a member. When it is not possible to confirm the date of the sale from the member, three months from the date of manufacture shall be the date calculated for the warranty period.
② If the performance, function, and other defects of the home device occur during a normal use within the warranty period, a member may receive a free warranty or a replacement depending on the condition of the defects through the Company's Customer Center.
③ The Customer Center will pay for the warranty service within the warranty period, if the performance, function and other defects of the home device occur due to the following reasons.
1. If it is not a technical malfunction
2. Failure and damage caused by a member's negligence
3. Other failures due to natural disasters
④ Regarding the customer's rights, such as the scope and duration of quality assurance, and matters that do not meet the standards of the relevant laws and regulations such as the Consumer Basic Law Act, shall be followed by the Consumer Basic Law and the Consumer Dispute Resolution Standards.
Article 11 (Changes and Suspension of Service)
① The Company may notify a member(s) of the contents and date of the service to be added or changed in the manner specified in Article 14, and may provide the service by adding or make changes to the service.
② The Company may suspend, limit, or abolish all or part of the service in any of the following cases.
1. In the case of unavoidable circumstances due to constructions, such as repair of service equipment
2. Where a member interferes with the business activities of the Company
3. In the case of disruption of power outage preventing normal service use, failure of all facilities, excessive use, or failure of the carrier
4. When it is impossible to maintain all or part of the service due to circumstances, such as a termination of a contract with an individual service provider
5. When the Company decides not to provide all or part of the service in accordance with its management judgment, such as changing the Company's service policy, deteriorating profitability, and abolishing the service
6. In the case of other unavoidable reasons, such as natural disasters or national emergencies
7. If the normal use of the service is impaired due to damage or destruction to the USIM
③In the case of a service interruption, restriction, or an abolition under paragraph 2, the Company shall notify the user by the method prescribed in Article 14. However, this shall not apply to cases where advance notice is impossible from service interruption, restrictions or limitation beyond the Company's control (excessive use, disk failure, system breakdown, etc.).
④The Company shall not be liable for any problems arising from changes, suspension, restriction, or abolition of services under paragraphs 1 or 2.
Chapter 4 Obligations of Contracting Parties
Article 12 (Duties of the Company)
① The Company shall not leak or distribute personal information of members acquired in connection with the service provision to third parties without their consent. However, this shall not apply to legitimate procedures under the provisions of the Act, such as when requested by a related agency for investigation purposes under the relevant statutes or when requested by the Korea Communications Standards Commission.
② In accordance with the Act on Promotion of Information and Communication Network Utilization and Information Protection and under the Personal Information Protection Act, the Company may use a member’s personal information in a form that does not recognize a specific individual if needed for statistical and academic research purposes.
③ The Company shall promptly deal with complaints from a member(s) related to the service, and if it is difficult to promptly handle them, it shall post the reasons and processing schedule on the service screen or notify the member(s) via e-mail.
④ The Company shall be responsible only for damages caused by the service provided by the Company and damages caused by the Company's intention or negligence.
⑤ The Company complies with the laws related to the operation and maintenance of services, such as the Information and Communications Network Utilization Promotion and Information Protection Act, the Personal Information Protection Act, the Communications Secrets Protection Act, and the Telecommunications Business Act.
Article 13 (Duties of a Member)
① When a member uses the service, he/she shall not perform any of the following acts:
1. The act of writing false information when applying for the service or making any changes, stealing or illegally using personal information of another member
2. The act of duplicating, distributing or commercializing information obtained from the service without prior consent from the Company
3. The act of defaming or penalizing others.
4. The act of posting obscene materials or linking pornographic websites within the service.
5. Violating copyrights of the Company or a third party
6. The act of posting information, sentences, shapes, voices that violate the public order and customs (including the act of distributing them to others)
7. The act of registering or distributing infectious data of a computer virus that causes the destruction and malfunction on information of service-related facilities
8. The act of sending advertising information or spam mail against the recipient's refusal to receive information that may deliberately interfere with the service's operation or the stable operation of the service
9. The act of pretending to be or impersonating others and falsely stating their relationship with others
10. The act of collecting, storing, and disclosing personal information of other members
11. The act of circulating false information for the purposes of gaining property benefits for oneself or harming others
12. When a corporation or private business entity registers using a personal name, a deposit account, or a credit card
13. When an individual subscribes using the name, deposit account, or credit card of a corporation or a private business operator
14. Other illegal or objectively unfair acts
② A member shall comply with the relevant statutes, the provisions of this Agreement, the instructions for use, the precautions announced on the service, the matters notified by the Company, and shall not interfere with the work of the Company.
③ A member shall not engage in sales activities using the service, except for cases where the Company has officially approved of and particularly shall not engage in hacking, gaining profits from advertising, commercial activities through pornographic websites, and illegal distribution of commercial software. The Company shall not be liable for the consequences and losses of business activities, legal measures, such as investigation and arrest by related agencies, and the member shall be liable for damages to the Company in connection with such acts.
④ When a member registers personal information to use the service, he/she must provide complete information (hereinafter referred to as “registration information”) consistent with the current facts.
⑤ A member shall immediately update if any changes to the registration information occur. If the registration information provided by the member and the updated registration information are inaccurate or if another member commits an act specified in paragraph 1 of this Article, the Company may restrict or suspend the member's use of the service pursuant to the Article 18 of this Agreement.
⑥ In order to request for a deletion or suspension of information posted by the Company in the service (including a call connection screen, etc.) by other members, a member shall explain to the Company whether the Company violates the rights in accordance with Article 44-2 of the Act on Promotion of Information and Communication Network Utilization and Information Protection in accordance with the procedures announced by the Company’s service.
Article 14 (Notification to Members)
① In the case of an individual notification to members, the Company may use the e-mail address or SMS registered by a member.
② In the case of notification to a number of unspecified members, the Company may replace the individual notification under paragraph 1 by notifying the service.
Article 15 (Personal Information Protection)
The Company shall strive to protect the members’ personal information, including member registration information, as provided by the relevant statues. Matters concerning the protection of the members' personal information shall be governed by the relevant statutes and the "Personal Information Handling Policy" of the services determined by the Company.
Article 16 (Consignment of Personal Information)
In principle, the Company shall perform its own duties, such as the handling and management of collected personal information (hereafter referred to as "work" in this Article), but if necessary, it may entrust all or part of the work to other companies selected by the Company. Matters related to the entrustment of personal information are determined in accordance with the relevant statues and the “Personal Information Handling Policy” established by the Company.
Article 17 (User Protection Regulations)
① The Company operates a user protection organization such as the User Protection Committee and a Customer Service Center at all times in order to protect members' personal information and rights and to increase the convenience of the service use.
② The Chairman of the User Protection Committee is the Representative Director and shall convene and operate a regular meeting once a month and if necessary, meetings shall be held as often as necessary.
③ The Company operates a Customer Service Center with one or more customer service agents. The Customer Service Center operates from 10:00 to 18:00 on weekdays and does not operate on Saturdays, Sundays, and holidays.
④ Members can receive the same level of customer consultation through the Company's website even during and at the end of operating hours and use the consultation center to make complaints on service disability and other related charges.
⑤ The Company preferentially handles customer complaints and opinions received through the Customer Service Center and if it is difficult to promptly handle them, the Company shall notify the customer of the reason and the schedule of processing.
Chapter 5 Termination of Contract and Restriction of Use
Article 18 (Cancellation of Contract and Restriction on Use)
① If a member intends to terminate the service contract, he/she shall apply for termination to the Company on the service or by a separate method determined by the Company. Even if a member deletes the service application, the service cancellation process will not be processed if the service contract cancellation procedure is not carried out in regard to this paragraph.
② If a member fails to fulfill his/her obligations stipulated in Article 13, the Company may immediately terminate the service contract or suspend the use of the service without prior notice, and may restrict the use of the service according to the qualifications of individual members, such as the mobile phone service plan to which the member has joined.
③ A member may file an appeal to the Company's actions under paragraph 2 of this Article in accordance with the procedures set by the Company.
④ If the Company acknowledges that the appeal referred to in paragraph 3 of this section is justifiable, the Company shall immediately resume the use of the service.
⑤ If a member has access to more than 5 accounts with the same IP, the Company can limit the use of the service if he/she is not in a group (businesses, etc.).
⑥ A maximum of only 3 individual service accounts are allowed. Any accounts beyond that shall be restricted.
⑦ The service is exclusively made for domestic calls, and international call restriction must be made when using the service.
⑧ The USIM storage period after the service termination is 15 days based on the last date of use. If you do not apply for an extension of the service or return the USIM, the USIM will be automatically destroyed in 15 days.
Article 19 (When Service is Not Available)
① If the Company fails to provide the service to a member due to reasons attributable to the Company, the Company will refund the fee according to the number of days of service use indicated below, and in case of "deferred payment service", the Company will exempt the fee for failing to provide the service.
1. Full refund for 0 to 5 days of service use
2. 50% refund from 6th to 15th of the service date of service use
3. 0% refund if service date exceeds 15 days
②The Company is obliged to notify the members through text messages, e-mail, or homepage notices in cases where the service is not provided to the members due to unavoidable circumstances.
Article 20 (Prohibition of Transferring)
A member shall not transfer or give the rights to use the service or other contractual status to others, and all rights and responsibilities including copyright to the posts, shall be of the member who post them.
Chapter 6 Compensation for Damage
Article 21 (Compensation for Damage)
① In the event that the Company or a member violates the provisions of this Agreement (including damages incurred to other members), the party violating this Agreement shall compensate for the damages incurred.
② The maximum amount of the Company's compensation to a member cannot exceed the amount paid by the member.
③ In the event that the Company receives various objections, including damages or lawsuits from third parties for illegal act or violation of this Agreement performed by a member while he/she was using the service, the member shall exempt the Company at his/her own responsibility and expenses, and the member shall compensate for the damages caused to the Company.
Article 22 (Disclaimer)
① If the Company is unable to provide services due to Article 11, paragraph 2 and natural disasters or force majeures, the Company shall be exempted from liabilities for providing the services.
② The Company shall not be held liable for a member's failure to use the service from his/her attributable reasons.
③ The Company shall not be responsible for the loss of profits expected by a member using the service, nor shall it be liable for any damages caused by data obtained through the service.
The Company shall not be responsible for the information, data, reliability and accuracy of the facts posted on the website by a member.
④ The Company is not obliged to intervene in disputes arising between members or between a member and a third party through the medium of the service, nor is it liable to compensate for such damages.
Article 23 (Competent Court)
① In the event of a dispute between the Company and the members regarding the service use, the Company and the members shall sincerely consult together to resolve the dispute.
② If the dispute is not resolved in the consultation referred to in paragraph 1 of this section, both parties may file an appeal with the competent court under the Civil Procedure Law.
Date of Announcement: May 14, 2020
Effective Date: May 21, 2020