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Article 1 (Purpose)

The purpose of these Terms of Use is to provide for rights, obligations, and liabilities of Hotel Shilla Co., Ltd. (hereinafter referred to as "Hotel Shilla") and users of the Internet-based services (hereinafter referred to as “Service(s)”) rendered by the Internet website publicizing the Shilla Duty Free (www.shilladfs.com/us; hereinafter referred to as the "Site") operated by Hotel Shilla with respect to any use of the Service.

Article 2 (Definition)

  1. ① "Service(s)" means any act, or any tangible/intangible thing that is the object of said act, which is provided for the users free of charge or with a fee through the Site as prescribed in Article 4 hereunder.
  2. ② "User(s)" means members and non-members who access the Site operated by Hotel Shilla to use Services provided by Hotel Shilla in accordance with these Terms of Use.
  3. ③ "Member(s)" means any person who is granted an ID by registering as a member of the Site by providing Hotel Shilla with his/her personal information to continue to receive information on Hotel Shilla and use Services.
  4. ④ "Non-member(s)" means any person who uses Services provided by Hotel Shilla without registering as a member of the Site.

Article 3 (Notification and Revision of Terms of Use)

  1. ① Hotel Shilla posts these Terms of Use, trade name, location of business offices, name of a representative, business registration number, and contact details (telephone and fax numbers, E-mail addresses), etc. on the initial screen page of the website of Hotel Shilla to inform users thereof.
  2. ② Hotel Shilla may change these Terms of Use to an extent that does not violate applicable laws including the Regulation of Standardized Contracts Act, the Framework Act on Electronic Transactions, the Digital Signature Act, the Act on Promotion, etc. of
    3. Utilization of Information System, the Door-to-Door Sales, etc. Act, and the Consumer Protection Act.
  3. ③ In the event of revision to these Terms of Use, Hotel Shilla will post the revisions, effective date, and reasons for revision, together with the current Terms of Use, on the initial screen for seven days before the effective date; provided, however, that any revision unfavorable to Users will be notified with a prior grace period of 30 days or more; in this case, Hotel Shilla will indicate differences of provisions between before and after the revision in order for Users to easily understand.
  4. ④ Where Hotel Shilla revises these Terms of Use, the revised terms and conditions will apply to the contract executed after the effective date, and the existing terms and conditions will apply to the contract executed theretofore; provided, however, that in case where a User who has already executed a contract sends Hotel Shilla his/her intention of being subject to the revised terms and conditions within the notification period under paragraph (3) and obtains the consent of Hotel Shilla, the revised terms and conditions will apply.
  5. ⑤ Where a Member does not agree to the changes in the Terms of Use, he/she may stop using Services and terminate his/her membership. The continued use of Services by a Member for 30 days from the effective date of the changed Terms of Use may constitute his/her agreement to such change.
  6. ⑥ Any matter not provided for herein and any interpretation hereof is subject to applicable laws or generally accepted business practices.

Article 4 (Provision of and Change to Services)

Hotel Shilla performs the following activities by means of the Site:
  1. 1. Providing information on products or services;
  2. 2. Conducting a variety of sales promotional activities for products or services including advertisement and events; and
  3. 3. Rendering other additional Services useful to Users and other tasks determined by Hotel Shilla.

Article 5 (Discontinuation of Services)

  1. ① In case Hotel Shilla is not able to provide Services due to changes in the line of business, abandonment of businesses, or consolidation of companies, etc.; and in the event of maintenance, replacement, breakdown, or transmission interruption of information communication facilities including computers, Hotel Shilla may temporarily discontinue the provision of Services.
  2. ② Hotel Shilla indemnifies Users or any third party for damages, if any, that arise from the temporary discontinuation of Services for such reasons as set forth in paragraph (1) unless it is proven that Hotel Shilla has not committed such act with intent or by gross negligence.
  3. ③ In the event of discontinuation of Services under paragraph (1), Hotel Shilla will notify Users of such fact as prescribed in Article 8 and indemnify Users for damage in accordance with the conditions proposed by the Site; provided, however, that if the Site has not notified any indemnification standard, Hotel Shilla will pay Users their points or rewards, etc. in cash or in-kind equivalent to monetary value used in the Site or other websites operated by Hotel Shilla.

Article 6 (Joining the Site)

  1. ① A User may become a Member of the Site free of charge by filling out the membership application and indicating his/her intention to agree to these Terms of Use.
  2. ② Hotel Shilla registers any User who has applied for membership as a Member, as prescribed in paragraph (1) of this Article, unless a User falls under any of the following subparagraphs:
    1. 1. An applicant’s membership has been forfeited under Article 7 (3) hereof except in cases where an applicant has obtained consent for re-subscription to the Site after three years from the forfeiture of membership under Article 7 (3);
    2. 2.Registration information contains false or missing information, or clerical errors; or
    3. 3.Other cases where registration of a person as a Member is deemed technically detrimental to Hotel Shilla.
    4. 4. Any person should be over 14 years old in full to become a Member. (If an applicant is under 14 years of age, he/she should obtain prior written consent of a legal guardian to join the Site and place orders pursuant to Article 4(3)c of the Guidelines for Consumer Protection.)
  3. ③ Membership contract takes effect at a time when the consent of Hotel Shilla reaches a Member.
  4. ④ Where there exists any change in the registration information under Article 15 (1), a Member should immediately notify Hotel Shilla of such change by means of E-mail or other methods.

Article 7 (Withdrawal from Membership and Disqualification)

  1. ① A Member may request, at any time, termination of membership; and upon the request of termination, Hotel Shilla will immediately proceed therewith.
  2. ② Hotel Shilla may restrict or disqualify a Member’s membership, if a Member:
    1. 1. Registers false information when applying for membership;
    2. 2. Fails to pay for goods, etc. that he/she has ordered through Hotel Shilla or to discharge other liabilities in connection with the use of Hotel Shilla;
    3. 3. Threatens the order of electronic commerce by interfering with others’ use of the Site or stealing others’ information; or
    4. 4. Commits any act prohibited by Acts and subordinate statutes or contrary to good public order and customs while using the Site.
  3. ③ After Hotel Shilla restricts or suspends a Member’s membership, Hotel Shilla may forfeit the membership of the Member if the Member commits the same act two or more times or fails to rectify the reasons for restriction or disqualification within 30 days.
  4. ④ Where Hotel Shilla forfeits a Member’s membership, the registration of the Member is cancelled; in this case, Hotel Shilla notifies the Member of such fact and gives the Member a period of more than 30 days for vindication prior to cancellation of membership.

Article 8 (Notification to Members)

  1. ① Hotel Shilla may send a notification to a Member to the Member’s E-mail address that the Member designated previously by agreement with Hotel Shilla.
  2. ② In the case of notification for unspecified Members, Hotel Shilla may post such notice on the message board for at least one week in lieu of individual notification; provided, however, that, any matter that materially affects a Member’s transaction will be notified on an individual basis.

Article 9 (Protection of Personal Information)

  1. ① Hotel Shilla collects the following information when gathering user information:
    1. Required Information
    2. 1. Name (for personal certification)
    3. 2. Passport number (for a Member)
    4. 3. Desired ID (for a Member)
    5. 4. Password (for a Member)
    6. 5. Date of birth
    7. 6. Telephone number
    8. 7. Home address
    9. 8. E-mail address (for a Member)
    10. 9. Gender
    11. 10. Expiry date of passport
      Type of personal information that can be collected during the use of Services and business handling
      - Service usage records, access logs, cookies, access IP address information, usage termination records
  2. ② When collecting personal information that permits identification of a User, Hotel Shilla will certainly obtain consent from the User.
  3. ③ Any personal information provided cannot be passed on to any third party for any other purpose than set forth herein without consent from the User, and Hotel Shilla takes any and all responsibility in relation thereto, except in cases where:
    1. 1. Personal information of a User is provided to a shipping company to the minimum extent required for shipment (e.g., name, address, telephone number);
    2. 2. Personal information is provided for the statistical, academic, or market research purpose in a form that cannot permit identification of the individual;
    3. 3. Personal information is provided for payment for transactions of goods, etc.;
    4. 4. Personal information is provided for personal certification to prevent personal information from being stolen; or
    5. 5. Obligations to provide personal information in accordance of applicable Acts and subordinate statutes arise.
  4. ④ When obtaining consent from the User under paragraphs (2) and (3) above, Hotel Shilla should specify or notify beforehand the identity of the person responsible for personal information management (department, name, contacts including telephone number), objectives of information gathering and usage, matters concerning provision of information to a third party (recipient, objectives of provision of information, details of information provided), and provisions of Article 22 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.; and a User may retract such consent at any time.
  5. ⑤ Users may request perusal and correction of errors of their personal information retained by Hotel Shilla at any time, and Hotel Shilla is obligated to respond to such request without delay. Where a User has requested correction of errors, Hotel Shilla will not use any personal information of the User until such error is rectified.
  6. ⑥ Hotel Shilla employs a minimum number of administrators in order to protect personal information, and assumes full liability for any damages incurred by Users due to loss, theft, leakage, or alteration of their personal information including a credit card or bank account.
  7. ⑦ Upon the fulfillment of the purpose of gathering or receiving personal information of Users, Hotel Shilla or any third party who has received personal information therefrom will immediately destroy such personal information.

Article 10 (Duties of Hotel Shilla)

  1. ① Hotel Shilla should make every effort to restrain any act which is in violation of applicable laws and these Terms of Use, or contrary to good public order and customs, and provide goods and services on an on-going and reliable manner as prescribed herein.
  2. ② Hotel Shilla should have an effective security system to protect personal information of Users (including credit information) in order for Users to securely use the Internet-based Services.
  3. ③ Hotel Shilla is liable to indemnify Users for any damages incurred by Users that may arise from its unfair labeling or advertising for products or services as referred to in Article 3 of the Act on Fair Labeling and Advertising.
  4. ④ Hotel Shilla should not send Users any unsolicited E-mail or SMS for profit-making purposes.

Article 11 (Members’ Duties for Their ID and Password)

  1. ① Responsibilities for managing ID and password are borne by Members except in cases prescribed in Article 9.
  2. ② Members should not allow any third party to use their ID and password.
  3. ③ Where Members are aware of the fact that their ID and password are stolen or used by a third party, they should notify Hotel Shilla thereof and follow the instructions of Hotel Shilla, if any.

Article 12 (Duties of Users)

Users must not do any of the following:
  1. 1. Register false information upon application for membership or modification of personal information;
  2. 2. Steal others’ information;
  3. 3. Alter other information posted on the Site;
  4. 4. Transmit or post other information (e.g., computer programs) than prescribed by Hotel Shilla;
  5. 5. Infringe on intellectual property rights, including copyrights, of Hotel Shilla and any third party;
  6. 6. Perform any act that injures the honor of or interferes with the business of Hotel Shilla and any third party;
  7. 7. Disclose or post any obscene or violent messages, video clips, sound, or any other information contrary to good public order and customs on Services;
  8. 8. Use any Service for profit-making purposes without consent of Hotel Shilla; or
  9. 9. Engage in other illegal or unfair acts.

Article 13 (Reversion and Limited Use of Copyright)

  1. ① Intellectual property rights, including copyrights, to works created by Hotel Shilla should be retained by Hotel Shilla.
  2. ② Users must not, without prior consent of Hotel Shilla, use for profit-making purposes, or allow any third party to use, the information they acquire in the course of use of the Site, by means of replication, transmission, publication, distribution, broadcasting, or other methods.
  3. ③ Where Hotel Shilla uses works copyrighted by a User by agreement, it should notify the User of such use.

Article 14 (Indemnification)

  1. ① Hotel Shilla will bear no liability for failure to provide Services due to natural disasters, force majeure, or other causes beyond the reasonable control of Hotel Shilla.
  2. ② Hotel Shilla will bear no liability for failure to provide Services due to any cause attributable to Users.
  3. ③ Hotel Shilla will bear no liability for cases where Users fail to gain expected profits by using Services or sustain damages caused by using data obtained through Services.
  4. ④ The reliability or accuracy of information, data, or statements posted by a User is the responsibility of the User; and Hotel Shilla will bear no liability for any damage incurred by a User or any third party arising from incorrectness or falsification thereof whatsoever.
  5. ⑤ Hotel Shilla will bear no liability for any damages incurred by a User or any third party arising from deliberate intent or gross negligence of the User in connection with use of Services.

Article 15 (Advertisement Publication, SMS, etc.)

  1. ① Hotel Shilla may publish commercial advertisements on the Site, or send SMS or DM (letters) to individual Users with prior consent of Users in order to more efficiently offer the best Services.
  2. ② Hotel Shilla will bear no liability for any damage incurred by Members due to their direct participation in an advertiser’s promotional activities by means of Services.

Article 16 (Resolution of Disputes)

  1. ① Hotel Shilla establishes and operates a damage compensation agency to respond to justifiable opinions or complaints filed by Users and to render compensation for damages, if any, caused thereby.
  2. ② Hotel Shilla handles complaints and opinions raised by Users with priority; provided, however, that if it is difficult to promptly handle them, Hotel Shilla immediately notifies Users of the reason therefor and timeline for handling.
  3. ③ With respect to disputes that arise between Users, Hotel Shilla may comply with results of mediation of the Electronic Commerce Mediation Committee that was established under Article 28 of the Framework Act on Electronic Transactions and Article 10 of the Enforcement Decree of the Act.

Article 17 (Jurisdiction and Governing Law)

  1. ① Any legal action or proceeding for electronic transactions instituted between Hotel Shilla and a User and any mediation of disputes under these Terms of Use are governed by the laws of the Republic of Korea.
  2. ② Any legal action or proceeding for electronic transactions instituted between Hotel Shilla and a User is brought in the court with jurisdiction over the User’s domicile at the time of filing the lawsuit, or in the district court having jurisdiction over the place of residence of the User if he/she has no domicile; provided, however, that if the User’s domicile or residence is not certain at the time of filing the lawsuit, or in the case of a foreign resident, such legal action is brought in the competent court under the Civil Procedure Act.