Article 1. Purpose
The purpose of these terms of use is to outline rights and responsibilities of Lobin Co. (the βCompanyβ) and the users in association with the online internet services (the βServicesβ) provided by the βCompanyβ at the homepage (lobin.co, websites under the sub-domains and applications provided at the websites, collectively referred as the βHomepageβ hereinafter).
Article 2. Definitions
β A βUserβ means an individual or a corporate accessing the βHomepageβ to use the βServicesβ provided at the βHomepageβ under these terms of use, including βMembersβ and βNon-membersβ.
β‘ A βMemberβ means an individual or a corporate who has signed up for the membership to continuously use the βServicesβ provided at the βHomepageβ, under these terms of use.
β’ A βNon-memberβ means an individual or a corporate who uses the βServicesβ provided to the limited degree at the βHomepageβ, without signing up for the membership.
Article 3. Clarification and Revision of the Terms of Use
β The βCompanyβ shall post these terms of use, the privacy policy, the name of the business and its representative, the address (including the address of the place where customer supports can be requested and/or provided), the telephone number, the email address, the fax number, the business registration number, and the online sales declaration number on the front page of the βHomepageβ in order for βUsersβ to easily identify those. In this case, the contents of these terms of use and the privacy policy can be displayed via the connection screen.
β‘ The βCompanyβ may revise or amend these Terms of Use to the extent permitted under the applicable laws including the Act on the Consumer Protection in Electronic Commerce, the Act on the Regulation of Terms and Conditions, the Framework Act on Electronic Documents and Transactions, the Electronic Financial Transactions Act, the Digital Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Act on Door-to-Door Sales, and the Framework Act on Consumers.
β’ When the βCompanyβ revises or amends these terms of use, the βHomepageβ shall provide the date of effect and the reasons for such revision, along with the current version of the terms, on the front page of the βHomepageβ at least seven(7) days in advance. However, when the change of these terms of use is expected to have material impact on the βUsersββ rights and responsibilities, notification about such change shall be provided at least thirty(30) days in advance. In this case, the βHomepageβ shall provide both current and new versions of the Terms of Use to make sure that the βUsersβ can easily understand the difference.
β£ Any change in these terms of use shall be applied only to the βUsersβ who accept the new terms on or after the date of effect. The new terms shall apply only if the existing βUsersβ express their intention to accept the new terms within the notification period set by Item 3 above.
β€ Any matters not prescribed in these terms of use shall be governed by the relevant laws and regulations as well as the policies and guidelines for individual services (hereinafter referred to as the βDetailed Guidelinesβ). In addition, if these terms and conditions conflict with the contents of the βDetailed Guidelinesβ, the βDetailed Guidelinesβ apply.
Article 4. Scope of the Services Provided
β The βServicesβ provided at the βHomepageβ by the βCompanyβ are composed of the following items:
- Lodging Industry Data Services: βServicesβ provided through Lobin Dashboard (dashboard.lobin.co and its subsidiary website), including search and view of supply, demand, operating performance, financial position and asset value data, analysis of lodging market competitive environment, positioning check of lodging properties, and planning of lodging businesses
- Lodging Business Workout Services: βServicesβ provided through Lobin Rebounder (rebounder.lobin.co and its subsidiary website), including search and view lodging properties and experts by field, registration of a related person for a lodging property or an experts for a field, matching experts to resolve issues of lodging businesses, and launching and managing projects for lodging business workout
- Other βServicesβ provided online or offline in association with the item 1 through 2 above
β‘ The βServicesβ referred in the item 1 through 3 shall be provided only to the βMembersβ, and the βMembersβ may use each βServiceβ for free or for a fee.
β’ The terms and conditions of use agreement, payment methods, withdrawal of purchase and refund policies related to the βServicesβ provided for a fee shall be as prescribed by the Payment Terms.
β£ Notwithstanding the paragraph 2 above, the βCompanyβ may provide part of the βServicesβ to βMembersβ or βNon-Membersβ free of charge, only if it is deemed necessary for the public benefits or the sign-up decisions by the βUsersβ.
Article 5. Interruption of the Services
β The βCompanyβ may suspend the βServicesβ in the event of the maintenance, repair, exchange, breakdown, or interruption of information communication facilities, such as computers, until the circumstance is resolved.
β‘ The βCompanyβ may redeem the βMembersβ, who have already paid for the relevant βServicesβ, for damages caused by such interruption of the βServicesβ. However, this shall be applicable only if such interruption is caused by gross negligence of the βCompanyβ.
β’ If the βCompanyβ is no longer able to provide the βServicesβ due to change of business or merger with different businesses, the βCompanyβ shall notify the βMembersβ of discontinuation of the βServicesβ in accordance with Article 6 hereof. In such cases, mileage or reserves of the βMembersβ may be redeemed in cash or in kind corresponding to the currency used on the βHomepageβ.
Article 6. Notification to the Members
β The βCompanyβ may give notifications to the βMemberβ through the specified email address provided to the βHomepageβ at registration.
β‘ If the notifications shall be provided to unspecified number of βMembersβ, individual notifications can be replaced with posting on the bulletin board at the βHomepageβ for at least one(1) week. However, individual notifications shall still be provided for matters that have a significant impact on the transactions between the βCompanyβ and the βMembersβ.
Article 7. Protection of Personal Information
β The βCompanyβ shall collect personal information at the βHomepageβ to the extent it is necessary for providing the βServicesβ to the βUsersβ. The following items are required, and the other items are optional.
- Name
- Phone number (including mobile)
- User ID (for the βMembersβ)
- Password (for the βMembersβ)
- Email address
β‘ When collecting or using the personal information of the βUsersβ, the βCompanyβ shall notify the purpose to and obtain consents from the βUsersβ in advance.
β’ The βCompanyβ shall not use any personal information for any purposes other than notified to and consented by the βUsersβ. When a new purpose of use arises or when the personal information is to be provided to a third-party, the βCompanyβ shall notify the βUsersβ and obtain the consent by the βUsersβ before taking any action. However, this is not applicable for the following conditions:
- When it is required for public statistics, academic research, or provided in a form that does not identify a specific individual
- When it is required for the payment in association with transactions of the βServicesβ in the βHomepageβ
- When identity verification is required to prevent misuse, abuse or theft of personal information
- When it is required by the laws and regulations
- When the relevant laws and regulations specify otherwise
β£ When the βCompanyβ uses the personal information of the βUsersβ, the βCompanyβ shall specify or provide information required under the Act on Promotion of Information and Communications Network Utilization and Information Protection, including personal information manager (job title, name, telephone number and contact information), purpose of collection and use, and third-parties using the personal information (recipient, purpose and content), and obtain a prior consent of the βUsersβ pursuant to Item 2 and Item 3 above. The βUsersβ may withdraw their consent at any time.
β€ The βUsersβ can request access to their personal information held at the βHomepageβ and request for correction of errors at any time. The βCompanyβ shall take necessary actions to accommodate such request without delay. If the βUsersβ request correction of errors, the βCompanyβ shall not use such personal information until the errors are corrected.
β₯ In order to protect the personal information, the βCompanyβ shall limit the number of people who handle the personal information of the βUsersβ to a minimum, and shall be liable for the Userβs damage caused by willful misconduct or gross negligence by the βCompanyβ.
β¦ The βCompanyβ or any third-party who receives personal information from the βHomepageβ shall destroy such personal information immediately when the purpose of collection and use of the personal information is achieved.
β§ The βCompanyβ shall not leave the consent boxes for collecting and using the personal information checked by default. In addition, the βHomepageβ shall specify the consequences of not giving the consent, and shall not limit or decline the applications for membership and/or βPaid Servicesβ due to not giving the consent on use of the personal information other than required.
Article 8. Obligations of the Company
β The βCompanyβ shall not perform any act against the laws, these terms of use or public orders, and shall exercise its commercially reasonable efforts to provide reliable βServicesβ in accordance with these Terms of Use.
β‘ The βCompanyβ shall establish a security system to protect the personal information of the βUsersβ (including credit card information) so that the βUsersβ can use the βServicesβ safely.
β’ The βCompanyβ shall be responsible for damages to the βUsersβ caused by any unfair labeling or unauthorized advertising with regard to the βServicesβ, as specified in Article 3 of the Act on Fair Labeling and Advertising.
β£ The βCompanyβ shall not send commercial advertising emails to the βUsersβ without the βUsersββ prior consents.
Article 9. Obligations of the Users
The βUsersβ shall not do the following:
- Use the personal information of the other βUsersβ
- Change information posted on the βHomepageβ without approval of the βCompanyβ
- Send or post information (computer programs, etc.) other than approved by the βCompanyβ
- Infringe intellectual property rights, such as copyrights of the βCompanyβ, the βHomepageβ and/or other third-parties, without prior consents by the subject parties
- Damage the reputation of the βCompanyβ, the βHomepageβ and/or other third-parties, or interrupt their businesses
- Post obscene or violent messages, images, sounds, or other information that is contradictory to any public order and/or conventions
Article 10. Copyright and Restrictions of Use
β The copyright and other intellectual property rights for the proprietary work of the βCompanyβ belong to the βCompanyβ. However, this shall not be applicable if the βCompanyβ provides any third-party work to the βUsersβ without any revision, amendment or reproduction.
β‘ The βUsersβ shall not, directly or indirectly, transform, copy, distribute, publish, exhibit, sell, broadcast, or allow any third-party to use any information acquired during the use of the βHomepageβ, without prior consent of the βCompanyβ.
β’ The βCompanyβ shall notify the βUserβ and obtain a prior consent when the βHomepageβ is to use the work whose copyright belongs to the βUserβ. However, the notification can be submitted after the fact, if a prior notification is not practically possible.
Article 11. Indemnification regarding the Services
β If the βServicesβ cannot be provided due to natural disasters, war, or other force majeure events, the liability of the βCompanyβ for providing the Service shall be waived.
β‘ The βCompanyβ shall not be liable for any obstacles or damages in using the βServiceβ due to reasons attributable to the βUsersβ.
β’ The βCompanyβ shall not be liable for failures to provide the βServicesβ if such interruption is caused by telecommunication service providers.
β£ The βCompanyβ shall not be liable for damages caused by unavoidable reasons such as repair, replacement, regular inspection, and construction of service equipment.
β€ The βUsersβ are responsible for protecting their own mandatory registration items (mobile phone number, email address, etc.) and passwords that they have provided to the βHomepageβ to use the βServicesβ, and the βCompanyβ shall not be liable for any damage caused by the leakage of such information by the βUserβ, whether intended or unintended.
β₯ The βCompanyβ shall not be liable for any damages caused by the computer system of the βUserβ or the poor management of the personal information by the βUserβ.
β¦ The βCompanyβ shall not be obligated to intervene in disputes that occur among the βUsersβ or between the βUsersβ and third-parties in association with the βServicesβ, and shall not be liable for damages caused in association with such disputes.
β§ The βCompanyβ shall not be responsible for the validity, suitability, legal rationality, copyright compliance, etc. of the contents provided at or linked to the βHomepageβ, or included in partner companies (including websites), and shall not be liable for any loss or damage caused by them.
β¨ The βUsersβ shall be liable for any loss or damage that may occur by reproducing the βServicesβ provided at the βHomepageβ, and the βCompanyβ shall not be liable for such damages. However, the βCompanyβ shall be liable for such damages if the damages are caused by gross negligence or willful misconduct by the βCompanyβ.
Article 12. Dispute Resolutions
β The βCompanyβ shall operate a separate place or section handling the feedback of the βUsersβ or complaints at the βHomepageβ. However, the βCompany shall notify the βUsersβ of expected timeline if such feedback or complaints cannot be processed on time.
β‘ The request for damage relief by the βUsersβ in association with disputes with the βCompanyβ shall be subject to the arbitration by arbitrators designated by the Fair Trade Commission, the mayor or the governor.
β’ When the βServicesβ at the βHomepageβ is reused commercially and/or distributed to third-parties for profit, the copyright fee shall be charged directly to the βUserβ, indirectly through a legal representative, or by way of a litigation pursuant to the copyright laws.
Article 13. Jurisdiction and Governing Law
β The βCompanyβ and the βUsersβ agree upon that Seoul Central District Court is the exclusive jurisdiction for any dispute arising out of or in connection with these terms of use.
β‘ Any litigation between the βCompanyβ and the βUsersβ in relation to these terms of use shall be governed by the laws of the Republic of Korea.
Article 14. Effective Date
These terms of use shall be taken into effect on January 1, 2023.