Terms of Use
Effective as of: 2023. 07. 01.
External notification date: 2023. 07. 01.
1. Purpose and Key Special Provisions
- 1.1. Regarding the Purpose
- The purpose of these Terms is to set forth the necessary terms and conditions in connection with the provision of "Online Platform Service (hereinafter referred to as "Gigs") that mediates the sale and purchase of lecture services by OPGG Inc.(hereinafter “we”. “us” or “our”) through https://gigs.op.gg/ (opens in a new tab) (hereinafter referred to as "Site") or PC or mobile applications (hereinafter referred to as "Apps") developed by us.
- 1.2. Disclaimer of Representation and Warranties
- 1.2.1. We are only brokering the transaction of the lecture services as a mail order intermediary and in no way represents or warrants the respective parties regarding the sale or purchase of the lecture services.
- 1.2.2. each party selling or purchasing the lecture services shall be responsible for the transaction of the lecture services, and we shall have no liability in connection with such transaction of the lecture services
- 1.2.3. We do not guarantee the existence or authenticity of any offer or acceptance, the quality, completeness, stability, legality, and non-infringement of the rights of others of the registered lecture services, and the truthfulness of the information entered by each party selling or purchasing lecture services on Gigs and the materials linked to through such information, or any other similar matters, in connection with the transaction of lecture services through Gigs.
- 1.3. ARBITRATION NOTICE
- 1.3.1. By using the Gigs, Gigs users agree that any disputes arising from these Terms will be resolved through binding arbitration, and they thereby waive their right to bring lawsuits or participate in class actions in court.
- 1.3.2. Gigs users must make claims against us in individual capacity only, and under no circumstances can claims be consolidated with the claims of two or more individuals.
- 1.4. Scope of Application of these Terms
- 1.4.1. Gigs is provided for users residing in South Korea and the United States.
- 1.4.2. Gigs is not suitable for or available for use outside of South Korea or the United States.
- 1.4.3. We shall not be responsible for any issues arising from the use of Gigs by users who are not residents of South Korea or the United States, under any circumstances.
- 1.5. These Terms are written in Korean and English. In the event of any discrepancies or conflicts between the Korean version and any other translated versions, the Korean version shall prevail and take precedence.
2. General of These Terms
- 2.1. Regarding the Qualifications for using Gigs
- 2.1.1. Gigs can only be used by members of the information and communication network (https://www.op.gg/ (opens in a new tab)) currently operated by us (hereinafter “OPGG members”).
- 2.1.2. Minors under the age of 14 are prohibited from using Gigs.
- 2.1.3. By agreeing to these Terms, Gigs users state and warrant the following:
- (1) Gigs users themselves are at least 14 years of age.
- (2) If a Gigs user is a minor under the age of 19 and their legal guardian agrees to these Terms, the consenting legal guardian represents and warrants that they have the legal authority to provide such consent and agrees that they are also bounded by these Terms.
- 2.2. Nature of these Terms
- These Terms are individual terms of the OPGG Terms that apply to OPGG members, and take precedence over the OPGG Terms.
- 2.3. Disclosure of these Terms
- These Terms are announced as an item called ‘Terms of Use’ at the bottom of the initial screen of the Site or Apps.
- 2.4. Amendments to these Terms
- We can freely amend these Terms at any time within the scope of not violating relevant laws.
- 2.5. Subject of these Terms
- These Terms apply to ① Us, ② OPGG members who applied for Gigs use, and ③ Gigs users who as OPGG members, applied for the use of Gigs and obtained approval from us
- 2.6. Effectiveness of the revised Terms
- 2.6.1. We shall start at least 7 days prior to the effective date of the revised Terms (at least 30 days prior to revisions to disadvantageous content to Gigs users or important parts of these Terms), or the initial screen of the Site or Apps. On the connection screen of the above, the amended Terms are announced by specifying ① the effective date, ② the details of the revision, and ③ the reason for the revision.
- 2.6.2. The amended Terms and Conditions take effect from 0:00 on the effective date.
- 2.6.3. The act of Gigs users using Gigs after the effective date of the revised Terms are considered to have expressed their intention to agree to the revised Terms.
- 2.6.4. Gigs users must not use Gigs if they do not agree to the revised Terms.
- 2.7. Interpretation of these Terms
- 2.7.1. In relation to Gigs, we may enact and enforce policies or rules necessary for the operation of Gigs (hereinafter referred to as “Gigs Special Rules”) in addition to the OPGG Terms and these Terms.
- 2.7.2. In case of conflict between the OPGG Terms, these Terms, and the Gigs Special Rules, ① Gigs Special Rules, ② these Terms, and ③ OPGG Terms will take effect in the order.
- 2.7.3. In the event of a conflict between multiple Terms or Regulations of the same rank, the prevailing provisions shall follow the order set forth in each supplementary provision of the above Terms or Regulations of the same rank. However, if the order of priority is not determined in advance in each supplementary provision of the Terms or Regulations of the same rank above, the effective date of the conflicting Terms are compared and the most recently enacted or amended provision takes precedence.
- 2.8. Individual Contract
- 2.8.1. We may enter into contracts (hereinafter referred to as “individual contracts”) with Gigs users that take precedence over the OPGG Terms, these Terms, and the Gigs Special Rules.
- 2.8.2. We may issue documents (including electronic documents) related to the above individual contracts to Gigs users who have signed individual contracts.
- 2.8.3. If we has not provided the documents described in 2.8.2. above to Gigs Users who have entered into an individual contract, the contents of such individual contract will be available to Gigs Users who have entered into such individual contract on the Site or Apps.
3. About using Gigs
- 3.1. Types of Gigs Users
- 3.1.1. Gigs general user: As a OPGG member, the person who has applied for 「service usage」 to us with the purpose of taking lecture services through the Site or Apps, and has been granted the status of Gigs regular user by the us.
- 3.1.2. Gigs expert: A person who is an OPGG member and Gigs general user who has been granted Gigs expert status by us after providing 「additional information」 to us for the purpose of providing lecture services through the Site or Apps
- 3.2. Gigs Expert
- 3.2.1. The procedure to become a ‘Gigs expert’ is as follows.
- (1) Gigs regular user who wish to obtain the Gigs expert status(hereinafter referred to as "Expert Applicant") accesses the ‘Expert Applyment’ page within the Site or Apps.
- (2) Expert Applicant provides the additional information requested by us on the 'Expert Applyment' page.
- (3) Additional information that Expert Applicant must provide to us is 「① Name (company name in case of a corporation), ② Date of birth, ③ Mobile phone number, ④ Discord user name, #, 4 digits Discord tag consisting of numbers (hereinafter referred to as “Discord contact information”), ⑤ Actual experience as an expert (history), ⑥ Profile image (your photo or company logo), ⑦ nationality, ⑧Copy of identification card (or Passport copy for user residing in the United States)”.
- 3.2.2. The additional information that Gigs expert residing in South Korea needs to provide to us for profit settlement and other purposes is 「① resident registration number, ② financial institution account number, ③ above ② copy of bankbook related to the financial institution account number listed above, ④ [limited to corporate Gigs expert] Business registration information (trade name, business registration number, name of representative, type of business, item, business address, email address related to tax invoice)”.
- 3.2.3. The additional information that Gigs expert residing in the United States needs to provide to us for profit settlement and other purposes is ① Address, ② State/Region, ③ Zip/Postal Code, ④ Country, ⑤ Country Code, ⑥ Contact Number, ⑦ Financial Institution Account Number, ⑧ Financial Institution Name, ⑨ Copy of the bank statement for the account mentioned in ⑦, ⑩ Country-specific bank codes 「TransitCode, SortCode, SwiftCode, BsbCode, Ifsc, ACH_RoutingNumber, Iban, WingMoneyNumber, CardNumber」.
- 3.2.4. The additional information provided by Expert Applicant or Gigs expert to us may be subject to change according to the Gigs Special Rules.
- 3.2.1. The procedure to become a ‘Gigs expert’ is as follows.
- 3.3. Minors under the age of 19 cannot become Gigs expert.
- 3.4. Qualifications required to use Gigs
- 3.4.1. We generally grant the status of Gigs regular user to OPGG member at the time they submit the 「service usage」 application to us.
- 3.4.2. We generally grant the status of Gigs expert to Expert Applicant after reviewing the provided 「additional information」 by us.
- 3.4.3. We may suspend the granting of the Gigs expert status to the Expert Applicant
for a certain period of time in the case of the following reasons:
- (1) If there is no room in our facilities or there is a technical obstacle
- (2) If the information provided by the Expert Applicant for Gigs use is clearly false
- (3) Other cases where we recognizes that it is difficult to grant Gigs expert status for reasons similar to those described in (1) to (2) above
- 3.4.4. If we delay granting Gigs expert status, the reason for reservation, the timing for granting status, or additional data necessary for granting status will be sent to the Expert Applicant via e-mail.
- 3.4.5. If the reasons listed in each of the following subparagraphs are confirmed in relation to the provision of 'additional information' by the Expert Applicant to us, we do not grant Gigs expert status, or even if it grants Gigs expert status, Gigs expert status may be revoked.
- (1) If the Expert Applicant who falls under the age at which Gigs expert status cannot be granted provides ‘additional information’ to us
- (2) In the event that the information provided by the Expert Applicant as an OPGG member to us differs from the information provided by the Expert Applicant to us .
- (3) If a person who already has the status of a Gigs expert provides ‘additional information’ again to obtain the status of a Gigs expert
- (4) In the event that the Expert Applicant has previously lost their OPGG membership status in accordance with the OPGG Terms before providing the ‘additional information’.
- (5) In the event that the Expert Applicant, after having received measures such as usage restrictions (including qualification suspension) regarding Gigs regular user or OPGG membership for violating the Terms or OPGG Terms in the past, voluntarily withdraws from OPGG membership and subsequently obtains OPGG membership again, providing the ‘additional information’ required for using Gigs.
- (6) If the Expert Applicant provides false information when providing ‘additional information’ or fails to provide information requested by us as essential
- (7) If it is impossible to grant Gigs expert status due to reasons attributable to the Expert Applicant for using Gigs
- (8) In case of providing ‘additional information’ in violation of all other matters of these Terms
- (9) If we need to restrict the provision of Gigs to Gigs general users accessing from a specific country
- (10) Other reasons similar to those described in (1) to (9) above, where there is a legitimate reason for us not to grant Gigs expert status
- 3.5. Expert Applicant must provide ‘additional information’ corresponding to the true facts to us.
- 3.6. Gigs users must use one ID and nickname per individual in Gigs. However, for corporate Gigs users, they may be allowed to use multiple IDs and nicknames based on the our discretion.
- 3.7. Termination of use of Gigs by Gigs users
- 3.7.1. Gigs expert can terminate the use of Gigs at any time by accessing the additional information provision page in the Site or Apps and withdrawing the provision of ‘additional information’ provided to us.
- 3.7.2. Gigs users can terminate their use of Gigs by withdrawing from OPGG membership.
- 3.7.3. Gigs users must fulfill all obligations or exercise or give up all applicable rights, if there are any obligations or rights to be exercised with respect to us or other Gigs users until the end of Gigs use.
- 3.7.4. If Gigs users terminate the use of Gigs while they have obligations to fulfill or rights to exercise with respect to us, Gigs users shall bear the responsibilities as described in each of the following items.
- (1) When a Gigs users are obligated to us: Regardless of the reason, the Gigs users must compensate for all damages caused to us.
- (2) If the Gigs users have rights to us: The Gigs users are deemed to have given up all rights, regardless of name, arising and held in relation to the Gigs to us at the time the use of the Gigs is terminated. In order to eliminate misunderstanding, if Gigs users do not request a refund of deposit or proceeds from us at the time of termination of Gigs use, if the Gigs use ends, the Gigs users have not the right to claim refund of deposit or refund of proceeds that they have with us. Claims, etc. are extinguished at the time the use of the Gigs is terminated, and at the same time, the deposit or proceeds belong to us.
- 3.7.5. In the event that the use of Gigs is terminated while the Gigs expert has obligations to fulfill or rights to be exercised with respect to general users of Gigs, the Gigs expert shall bear the responsibilities as described in each of the following items.
- (1) When a Gigs expert bears obligations to Gigs general users: The Gigs expert is liable for default without any conditions to Gigs general users who are obligated to provide the lecture service at the time of termination of Gigs use. At this time, the Gigs general user can receive a full refund of the purchase price regardless of whether or not he or she has taken the corresponding lecture service. However, depending on the payment method, a PG fee may be incurred and a full refund may not be possible.
- (2) In case Gigs experts have rights against Gigs general users: Gigs expert is deemed to have waived all rights, regardless of name, arising and held in relation to Gigs to the Gigs general user at the time of termination of use of Gigs. .
- 3.7.6. In the event that a Gigs general user terminates the use of Gigs while having obligations to be fulfilled or rights to be exercised with respect to Gigs expert, the Gigs general user shall bear the responsibilities as described in each of the following items.
- (1) When Gigs general user bears obligations to Gigs expert: The Gigs general user is liable for default without any conditions to the Gigs experts who provide the lecture service at the time of termination of Gigs use. At this time, the Gigs expert is deemed to have obtained an expression of intention to ‘Purchase Confirmation’ in relation to the lecture service..
- (2) In case Gigs general user has rights to Gigs expert: Gigs general user is deemed to have given up all rights, regardless of name, arising and held in relation to Gigs to Gigs expert at the time of termination of use of Gigs. .
- 3.7.7. When Gigs users terminate the use of Gigs as set forth in Paragraphs 3.7.1. through 3.7.6., the settlement procedure conducted by us based on this shall be valid in any case. However, this shall not apply if the termination of the Gigs service is caused by reasons attributable to us.
- 3.8. Termination of use of Gigs by us
- 3.8.1. We may revoke Gigs general user status or Gigs expert status granted to Gigs users in the following cases.
- (1) When Gigs users are infringing on the rights, honor, credit or other legitimate interests of a third party
- (2) When Gigs users interfere with the smooth progress of Gigs operated by us by selling or purchasing lecture services outside of Gigs, or attempt to interfere with such acts
- (3) In case Gigs expert registers or sells lecture service to Gigs without any intention to actually sell the lecture service
- (4) If a Gigs general user purchases the lecture service listed in (3) above while knowing the circumstances listed in (3) above
- (5) In case the Gigs expert has a reason for deprivation of the Gigs expert status stipulated in these Terms
- (6) In the event that a Gigs expert registers or sells a lecture service to Gigs that violates the ‘Gigs users prohibition obligations’ stipulated in these Terms
- (7) If an incident occurs to Gigs users, such as adult guardianship, limited guardianship, bankruptcy, decision or judgment of rehabilitation, declaration of death or disappearance, liquidation or dissolution, bankruptcy of bills, or reasons that prevent Gigs users from using Gigs normally (However, instead of terminating the use of Gigs, we may take measures such as restricting the use of Gigs users to protect transaction safety.)
- (8) In case Gigs users act in violation of these Terms or cause reasons for termination of use separately set forth in these Terms
- (9) In case we are unable to continue operating Gigs due to significant business or technical reasons, such as discontinuation of business related to business transfer, division, merger, etc., or significant deterioration in profits generated from Gigs
- (10) Other cases similar to (1) to (10) above
- 3.8.2. When we terminate the use of Gigs as in 3.8.1. above, we notify the reason for the termination to the e-mail addresses of Gigs users whose use of the Gigs has been terminated. However, before terminating the use of Gigs, we may give the Gigs users an opportunity to express their opinions on the reason for the termination.
- 3.8.3. Termination takes effect when 3 days have elapsed from the date when we notified Gigs users of their intention to terminate the use of the Gigs by e-mail.
- 3.8.4. If we cannot reach the Gigs users with an expression of intention to terminate the normal use of Gigs due to an error or problem in the information provided by Gigs users to us, we will display 「① Nicknames of Gigs users subject to termination, ② By notifying the reason for termination」, the intention to terminate the use of the above Gigs is reached.
- 3.8.5. From the time we makes the notice described in 3.8.4. above, all rights of such Gigs users under these Terms of Service shall cease, and the termination of such Gigs use shall be effective upon the expiration of three (3) days from the time we make the above notice.
- 3.8.6. Notwithstanding clauses 3.8.3. to 3.8.5. above, if we have any remaining obligations to fulfill and rights to exercise with respect to Gigs Users who have indicated their intention to terminate their use of Gigs, the termination of their use of Gigs shall not be effective until all such obligations have been fulfilled or all such rights have been exercised or waived.
- 3.8.7. Until the termination of use of Gigs takes effect by us, If the Gigs users who are responsible for the reasons for termination listed in 3.8.3. to 3.8.4. above have healed all the reasons for termination and notified the fact of the cure to the our E-mail address, we permit the use of Gigs again for those Gigs users at the time when we are notified of the healing fact.
- 3.8.1. We may revoke Gigs general user status or Gigs expert status granted to Gigs users in the following cases.
- 3.9. Attribution of damages or losses caused by termination of use of Gigs
- 3.9.1. All damages or losses incurred by Gigs users due to the suspension of use of Gigs or the termination of use of Gigs due to the reasons set forth in these Terms shall be borne by the applicable Gigs users who have the cause attributable to them, and we shall not bear them under any circumstances.
- 3.9.2. If we reach the Gigs users with an expression of intent to terminate the use of Gigs based on the reasons attributable to the Gigs users, we may immediately perform the following acts without separate notice.
- (1) In the event that a Gigs expert reaches an expression of intention to terminate the use of Gigs, measures to suspend the sale of the lecture service registered by the Gigs expert
- (2) In the event that the expression of intention to terminate the use of Gigs is reached to the general user of Gigs, measures to suspend new purchases of the lecture service of the general user of Gigs
4. Personal information protection for Gigs users of us
- 4.1. We strive to protect the personal information of Gigs users as stipulated by related laws such as the Act on Promotion of Information and Communications Network Utilization and Information Protection, Personal Information Protection Act, etc. Regarding the protection and use of personal information, the relevant laws and our Privacy Policy apply. However, our Privacy Policy does not apply to third-party information and communication networks other than the our Site.
- 4.2. When Gigs users terminate the use of Gigs or withdraw their consent to the processing of personal information provided by Gigs users, we promptly destroy the ‘additional information’ provided by the Gigs users to us in relation to Gigs. However, certain personal information may be retained for a certain period of time as stipulated by law, these Terms, or the Privacy Policy.
- 4.3. Even after the use of Gigs is terminated, we will retain ① personal information such as nickname, ID, name (or trade name), and mobile phone number of Gigs users who have transaction history of the lecture service, ② Gigs users who violate these Terms, and Information on usage restrictions, ③ information on criminal acts committed by Gigs users, etc., to be cooperated with investigative agencies in accordance with the procedures stipulated by law, or to ensure smooth operation of Gigs (e.g., refusal to grant status as Gigs users to those who violate these Terms, etc.) To do so, you can keep it without deleting it.
- 4.4. In addition to the information provided by Gigs users, we may collect and use additional necessary information from Gigs users by clarifying the purpose of collection or use. In this case, we obtain consent for the collection and use of information from Gigs users.
- 4.5. When obtaining consent for personal information processing from Gigs users, we do not set the consent section for collection, use, and provision of personal information to a previously selected one.
- 4.6. We specify in detail the services that are restricted when Gigs users refuse to consent to the collection, use, and provision of personal information, and gives reasons for Gigs users' refusal to consent to the collection, use. We do not restrict or refuse to provide services such as subscription application for reasons of Gigs users' refusal to consent to the collection, use, and provision of personal information that is not a mandatory collection item.
- 4.7. When we obtain the consent of Gigs users for information collection and use, we disclose in advance the purpose of information collection and use, matters related to the provision of information to third parties (recipient, purpose of provision, contents of provided information) specify or notify.
- 4.8. Gigs users can withdraw their consent at any time even after agreeing to provide information. However, if the information for which the consent has been withdrawn corresponds to information necessary to use Gigs, the above withdrawal will be regarded as an intention to terminate the use of Gigs.
- 4.9. We do not use the personal information of Gigs users collected by us for any purpose other than the purpose of collection, purpose of use, provision of smooth service and expansion of provided service, or provide it to a third party.
- 4.10. When a new purpose of use arises other than the purpose of use stated at the time of information collection, or when providing it to a third party, we notify the Gigs users of the purpose and obtains consent at the stage of use and provision. However, exceptions are made in cases where the relevant laws and regulations stipulate otherwise.
- 4.11. Ours personal information protection manager and contact information are announced in the Privacy Policy separately disclosed by the Site and Apps.
- 4.12. Gigs users can view information about themselves at any time, and can request correction of wrong information to us or information protection officer. When there is a request for correction of information from Gigs users, we will not use the information until it takes necessary measures, such as correcting the error or notifying the Gigs users of the reason for not correcting by e-mail address. However, this is not the case when the provision of personal information is requested in accordance with other laws.
- 4.13. We limit the number of administrators to a minimum to protect personal information. And if personal information is lost, stolen, leaked, falsified or illegally provided to a third party due to ours intention or negligence, we bear all responsibility for damages to the users of the Gigs.
- 4.14. We may display the nickname without the consent of the applicable Gigs user in order to use the 「Method of notifying on the Site and Apps」 among the methods to reach Gigs users to express their intention to terminate the use of Gigs.
5. Gigs Users' Account Management Obligations, Etc.
- 5.1. ID and password, which are authentication means for using Gigs, should be used only by Gigs users who have been granted Gigs user status by us after authenticating themselves and providing ‘additional information’ to us.
- 5.2. Gigs users must maintain the security of their ID and password, and cannot transfer or lend it to a third party, or allow a third party to use the above ID and password.
- 5.3. In the case of suspected or confirmed fraudulent use of Gigs users' ID and password (including leakage, theft, transfer, rental, and other similar acts), we will take measures such as suspension of use of the ID and restriction of use without delay. In this case we do not take any responsibility for any loss or damage to the Gigs users caused by it.
- 5.4. We shall not be liable for damages caused by Gigs users' negligence in managing IDs and passwords, or damages caused by illegal use by a third party without intention or gross negligence on the part of us.
- 5.5. Gigs users must immediately notify ours e-mail address(service+gigs@op.gg) if they recognize that the security of their ID and password has been compromised and follow ours instructions.
- 5.6. Gigs users must always provide us with accurate information related to themselves (e.g. e-mail address, etc.).
- 5.7. We shall not be held liable for any damages incurred by Gigs users due to us being unable to take action, such as not being able to contact them, due to Gigs users providing incorrect information about us.
- 5.8. All damages and losses caused by Gigs users providing incorrect information to us shall be borne by the Gigs users.
- 5.9. In order to protect the personal information of Gigs users, we establish the Privacy Policy and announces it on the Site and Apps.
6. Notice to Gigs Users of Us
- 6.1. If there are matters to be notified to Gigs users, we notify them to the e-mail addresses of the Gigs users.
- 6.2. We may use Discord contacts, text messages, push, etc. as an aid to inform Gigs users of the fact that the above 6.1 .notification has been made.
- 6.3. We may revise these Terms or add a method of notification to Gigs users by making a separate special provision for Gigs.
7. Use of Gigs
- 7.1. Matters concerning the use of Gigs
- 7.1.1. We announce matters related to sales and purchase of lecture services in Gigs, payment methods, etc. through the Site or Apps.
- 7.1.2. Gigs users must fully understand the above 7.1.1. notices in advance and use Gigs.
- 7.1.3. Gigs users can sell or purchase lecture services after completing the access through the authentication process through ID and password on the Site or Apps.
- 7.1.4. Regarding the sale of lecture services in Gigs, we may set the qualification requirements so that only Gigs expert in a specific field sell lecture services in a specific field.
- 7.1.5. The above 7.1.4. qualification requirements are subject to the Gigs Special Rules established separately by us.
- 7.2. Payment method for lecture service
- 7.2.1. Payment for lecture services sold or purchased through the Site or Apps must be made through the payment service provided by us (hereinafter referred to as "Gigs Safe Payment Service").
- 7.2.2. If the payment is made through a third-party payment method other than the Gigs Safe Payment Service provided by us (hereinafter referred to as “external payment”), we do not bear any responsibility related to the external payment.
- 7.2.3. We may take actions such as terminating the use of Gigs or restricting the use of Gigs for Gigs users who have made external payments.
- 7.3. Gigs Usage Restrictions
- 7.3.1. We may take necessary actions, such as restricting the use or implementing other measures, for Gigs users in accordance with the provisions set forth in these Terms.
- 7.3.2. Gigs users who have received restrictions or other measures regarding the use of Gigs may only exercise or fulfill rights or obligations related to ongoing lecture services for sale or purchase. However, even for Gigs users subject to restrictions or other measures, the normal procedures for settlement and refunds can be utilized.
- 7.3.3. When we take measures such as restrictions on Gigs users, we notify the affected Gigs users of the reasons for such measures in advance via the registered email addresses of the respective Gigs users. However, if contact cannot be made with the Gigs users or if urgent measures need to be taken, we may implement the measures first and provide notification afterwards.
- 7.3.4. Gigs users may raise objections to the measures, including the restrictions, described in section 7.3.3 to us. If we deem the objection valid, it may terminate the measures, including the use restrictions.
- 7.4. Prohibited Obligations of Gigs Users
- 7.4.1. Gigs users must not to do in the following actions:
- (1) Registering false information when providing "Additional Information" or updating "Personal Information."
- (2) Identity theft of others' personal information.
- (3) Impersonating or misappropriating our operators, employees, or related information.
- (4) Modifying information posted by us
- (5) Posting or sending materials that may disrupt or destroy the normal operation of computer software, hardware, or telecommunications equipment, including data containing software viruses, other computer codes, files, or programs, to third parties
- (6) Engaging in any act without the prior permission of us to attempt to apply for membership, become Gigs users, collect, process, or distribute information that can be obtained through Gigs using automated means (macros, bots, spiders, scrapers, etc.), using Gigs in a manner that does not align with the intended purpose of ours Gigs provision, or attempting to nullify ours measures to prevent abuse on Gigs.
- (7) Distributing materials infected with computer viruses that can interfere with the operation of Gigs or hinder stable operation of Gigs.
- (8) Infringing upon the copyrights, trade secrets, patents, and other intellectual property rights of us or others.
- (9) Harassing, threatening, defaming, or interfering with the business of us, other Gigs users, or third parties.
- (10) Distributing, disclosing, or posting obscene materials, profanity, violent messages, or other information, sentences, shapes, etc., that violate public decency or norms.
- (11) Engaging in activities that infringe upon other Gigs users' information, such as acquiring it through hacking.
- (12) Using Gigs for profit, business, advertising, political activities, etc., without our consent.
- (13) Engaging in acts associated with criminal activities.
- (14) Prohibited actions of Gigs users as specified in these Terms
- (15) Engaging in illegal acts that violate existing laws or acts that are not socially acceptable based on sound morals and societal norms.
- 7.4.2. Gigs users must not to do in the following actions:
- (1) Direct Transaction:
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- Engaging in direct transactions between Gigs users without utilizing the Gigs Safe Payment Service provided by us
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- Sharing contact information or requesting/arranging face-to-face meetings between Gigs users before a transaction
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- Inducing direct transactions through offers of benefits or other means
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- Any transaction or inducement similar to the actions described in 1) to 3) above.
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- (2) Cheating Trade
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- Repeatedly purchasing or canceling without genuine intent to trade.
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- Engaging in fraudulent transactions, such as manipulating sales data.
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- Any unfair trade practices similar to the actions described in 1) and 2) above.
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- (3) Improper Payment
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- Making payments solely to utilize the Gigs Safe Payment Service, regardless of purchasing or selling lecture services
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- Converting payment methods into cash
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- Using free benefits (Gigs points, coupons, mileage, etc.) for unauthorized purposes
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- Impersonating the identity associated with a payment method
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- Any improper payment practices similar to the actions described in 1) to 4) above
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- (4) System Abuse
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- Committing crimes or engaging in illegal activities such as sending spam information or distributing malicious code programs using the Gigs system operated by us
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- Unauthorized commercialization of our software
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- Illegitimately accessing or attacking the Gigs system operated by us through abnormal methods
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- Copying, disseminating, scraping, or commercially using our information or data without proper authorization, either personally or through a third party
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- Any system abuse similar to the actions described in 1) to 4) above
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- (5) Impolite Behavior
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- Persistently making one-sided demands related to Gigs or lecture service transactions
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- Engaging in threats, insults, defamation, or humiliation between Gigs users
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- Behaving in a manner that may cause humiliation to our employees, consultants, contractors, or interfere with their work
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- Any impolite or disruptive behavior similar to the actions described in 1) to 3) above
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- (6) Misuse of Inquiry and Answer Features Provided by us
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- Promoting specific lecture services
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- Proposing employment or job-seeking activities
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- Sending content or attachments that violate public order, decency, or social norms
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- Sending spam messages to disrupt the work of other Gigs users or us
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- Posting duplicate or similar inquiries, similar to those previously answered by us, two or more times
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- Any misuse of the inquiry and answer features similar to the actions described in to 5) above
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- (7) Evading or Ignoring Communication from Gigs Expert
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- Failing to respond or provide assistance to inquiries from Gigs general users.
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- Failing to provide feedback or assistance for ongoing lectures.
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- Intentionally evading responses or assistance to specific inquiries from Gigs general users
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- Intentionally evading responses or assistance to our communications.
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- Any evasion or avoidance of communication similar to the actions described in 1) to 4) above.
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- (8) Unfair Trading Practices
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- Providing educational services that a Gigs expert cannot offer based on their qualifications and experience
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- Requesting educational services from a Gigs expert that they cannot provide based on their qualifications and experience.
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- Selling or registering inappropriate educational services on the Gigs system operated by us
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- Engaging in trading practices that violate laws, public order, or moral standards.
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- Any other inappropriate trading practices listed in 1) to 4) above.
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- (9) Infringement of Rights
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- Using someone else's information to access Gigs.
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- Refusing or neglecting to modify one's own information as a Gigs user with the intention of avoiding sanctions or for other illegitimate purposes.
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- Infringing on the rights of third parties, such as copyrights or portrait rights, through trading activities.
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- Violating the Privacy Policy or relevant laws to infringe on the personal information of other Gigs users.
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- Damaging the reputation, credit, or legitimate interests of others.
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- Damaging the reputation, credit, or legitimate interests of us
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- Any other actions that are equivalent to the above-mentioned 1) to 6) acts of infringement.
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- (1) Direct Transaction:
- 7.4.3. Gigs expert must not to do in activities where they perform games or other tasks on behalf of Gigs general user with the intention of achieving illegitimate objectives, such as rank boosting.
- 7.4.1. Gigs users must not to do in the following actions:
- 7.5. Measures by us for Gigs Users' Breach of Obligations
- 7.5.1. In the event that Gigs users violate the prohibitions stated in Section 7.4., we may take measures such as suspending their qualifications, terminating their use of Gigs, or filing complaints or legal actions with law enforcement agencies, depending on the seriousness of the violation.
- 7.5.2. Gigs users may not transfer, donate, lease, or provide their Gigs usage rights or any other position in the Gigs user agreement to a third party without the explicit prior written consent of us, nor can they offer them as collateral.
- 7.5.3. Gigs users must comply with relevant laws and regulations, Gigs Special Rules, these Terms, OPGG Terms, cautionary notices announced by us, and matters notified by us. Gigs users must not to do in any actions that interfere with our operations.
- 7.5.4. Gigs users may not to do in commercial/advertising activities or any other activities that violate the purpose and methods of use set by us for Gigs without the our prior written consent, and they must not use methods that infringe upon the our property rights, business rights, or business models.
- 7.5.5. If the educational services provided by Gigs expert violate the prohibitions stated in Section 7.4. or if the services continue to be sold while registered, posing risks to us or third parties, we have the authority to block, remove, or permanently delete the registered sale of such services. We also have the authority to notify Gigs general users who have purchased such services about such violations.
- 7.5.6. If there is reasonable suspicion or confirmation of a breach of these Terms or any provisions set by relevant laws and regulations in relation to Gigs users' selling or purchasing activities, we may take measures to restrict the use of Gigs against such users who engaged in such breaches or unlawful acts. If the breach or act is confirmed to be an actual violation of these Terms or relevant laws and regulations, we will handle it in the same manner as described in Section 7.5.1.
8. Gigs Changes and Suspension of Provision, Etc.
- 8.1. We may temporarily suspend the provision of Gigs in the following cases. In such cases, we will notify Gigs users through notices on the Site or Apps. However, if there are unavoidable reasons for which we cannot provide prior notice, it may provide notice afterwards.
- (1) When maintenance, replacement, regular inspections of computer and information communication equipment, or modifications of Gigs are necessary
- (2) When it is necessary to respond to electronic security incidents such as hacking, communication accidents, or unexpected instability of Gigs
- (3) When the provision of Gigs is prohibited by relevant laws for a specific period or by specific methods
- (4) When natural disasters, emergencies, power outages, equipment failures necessary for Gigs provision, or overwhelming demand for Gigs usage make it impossible to provide Gigs normally
- (5) When significant management needs of us arise, such as division, merger, business transfer, termination of business, or deteriorating revenue of Gigs
- 8.2. The form, functions, design, and other aspects of Gigs provided by us may be changed or discontinued as necessary and at any time.
9. Intellectual Property Rights
- 9.1. The ownership of all intellectual property rights related to the software and other materials developed by us, including the Site and Apps, belongs to us.
- 9.2. We allow Gigs users to install and use the aforementioned software and materials. As long as Gigs users comply with these Terms, we grant them a non-exclusive, personal, non-transferable license to install and execute the aforementioned software and materials solely for the purpose of accessing Gigs through the Site or Apps.
- 9.3. Gigs users are prohibited from copying, modifying, distributing, selling, leasing, creating derivative works or computer programs based on them, or granting sublicenses related to the aforementioned software and materials.
- 9.4. Gigs users are prohibited from reverse engineering or decompiling the aforementioned software and materials, attempting to do so, or assisting others in doing so without our prior written consent.
- 9.5. The intellectual property rights to the design of the Site and Apps, images created by us, and other content belong to us.
- 9.6. If Gigs users send improvement suggestions, complaints, or other feedback regarding Gigs to us, they grant us a non-exclusive, perpetual, irrevocable, and transferable license to use the ideas generated from such improvement suggestions, complaints, or feedback without any separate compensation.
- 9.7. If separate provisions regarding the ownership of intellectual property rights are specified in these Terms, such separate provisions shall apply.
10. Inappropriate Transaction Behaviors
- 10.1. If the lecture service requested for sale registration by a Gigs expert violates these Terms or current laws, corresponds to acts that are not allowed in good moral standards or social norms, is determined to have a purpose of committing illegal activities, is deemed necessary according to our policies, or is determined to be unsuitable for online trading and distribution, we may refuse to approve the sale registration request for that lecture service. Even if a lecture service has already been registered for sale, if it is subsequently determined to be unsuitable for online trading and distribution, its discretion or upon request from a rights holder we delete, cancel, or suspend the sale registration of that lecture service.
- 10.2. In the case described in 10.1., we will notify the respective reasons to the email addresses of the Gigs expert who registered the lecture service and the Gigs general user who purchased the lecture service. If contact with the Gigs expert or the Gigs general user is severed or if urgent action is required, we may take action first and provide a subsequent notification.
- 10.3. If a registered lecture service is deemed to cause harm or potential harm to Gigs general users or third parties, or to cause damages, we may take the following measures:
- (1) Delete, cancel, or suspend the sale registration of the respective lecture service and other lecture services registered for sale by the same Gigs expert in the mentioned field.
- (2) Restrict the registration of new lecture services in the mentioned field for the respective Gigs expert.
- (3) Suspend the qualifications or restrict the Gigs usage of the Gigs expert.
- 10.4. If a report or request from a rights holder reaches us following the procedures and methods established by us, we will review it. If the report or request from the rights holder is deemed valid, we will delete, cancel, or suspend the sale registration of the respective lecture service and notify the Gigs expert who registered the lecture service via their email address. However, the rights holder must provide evidence to us that objectively substantiates their report or request (such as evidence of external payment inducement, failure to fulfill lecture schedules, improper provision of lectures, inappropriate behavior or actions, etc.).
- 10.5. Regarding the above 10.4., we assume responsibility only for examining whether the report or request from the rights holder complies with our procedures and methods in writing. We do not conduct assessments regarding the substantive validity and scope of the rights, the subject of the rights, or contractual or substantive relationships related to the rights.
- 10.6. If we delete, cancel, or suspend the sale registration of a lecture service that was being sold on Gigs at its own discretion or based on a report or request from a rights holder, the respective Gigs expert may raise objections and request the restoration of the original state of our deletion, cancellation, or suspension measures by following the procedures and methods established by us and providing supporting evidence.
- 10.7. Regarding the above 10.6., if we deem the objections raised by the respective Gigs expert to be valid, we will restore the deleted, canceled, or suspended sale registration of the respective lecture service to its original state and notify the rights holder accordingly.
- 10.8. Regarding the above 10.7., we assume responsibility only for examining whether the supporting evidence provided by the respective Gigs expert complies with our procedures and methods in writing. We do not conduct assessments regarding the validity, legality, soundness, or rights ownership of the supporting evidence or the Gigs expert.
- 10.9. If the sale registration of a lecture service is deleted, canceled, or suspended due to inappropriate trading practices, the Gigs usage fees or any other fees paid to us at the time of the sale registration will not be refunded to the respective Gigs expert, and the Gigs expert may be subject to measures such as restrictions on Gigs usage.
- 10.10. If the inappropriate trading practices of a Gigs expert are determined to have occurred due to negligence, we may issue one(1) time warning to the respective Gigs expert, providing an opportunity for voluntary correction of the inappropriate trading practices. However, if it is determined that the inappropriate trading practices occurred due to gross negligence or intentional actions by the Gigs expert, we may take measures such as suspension of qualifications or restrictions on Gigs usage without issuing such a warning.
- 10.11. In order to determine whether inappropriate trading practices have occurred (including cases where objections or reports are received regarding the lecture service or its registration information), we may temporarily suspend the sale registration or execution of the lecture service, even if it has already been sold. In such cases, we will notify the respective Gigs expert and Gigs users associated with the lecture service of the reason for the suspension via the email addresses registered with us.
- 10.12. If a lecture service that was deemed to involve inappropriate trading practices is later determined not to be subject to such practices, we will promptly restore the sale registration of the respective lecture service to its original state and take measures to ensure that the sale proceeds smoothly. However, the restored portion will only be effective for future transactions and will not be applied retroactively.
- 10.13. If a Gigs general user becomes aware of or could have been aware of the fact that a purchased lecture service corresponds to inappropriate trading practices and subsequently uses the Gigs Safe Payment Service (including deposits, settlements, etc.) for the transaction, we may confiscate the purchase amount paid to us by the Gigs general user as a result of the inappropriate trading practices, without returning it to the Gigs general user.
11. Gigs Expert's Duties
- 11.1. A Gigs expert must comply with the provisions of these Terms, individual agreements, detailed regulations, and applicable laws and regulations, and perform tasks such as providing their identity information, registering the sale of lecture services, managing the transaction process, fulfilling transactions with Gigs users, providing lecture services, and handling after-sales services such as warranty and refunds.
- 11.2. The Gigs expert who provides their identity information to us for the purpose of registering the sale of lecture services must be the same person who actually provides the lecture services.
- 11.3. Without prior written consent from us, a Gigs expert must not transfer, donate, or offer as collateral to others the rights and obligations related to the provision of lecture services. Any liability arising from a violation of this prohibition shall be borne by the respective Gigs expert.
- 11.4. A Gigs expert must accurately state the factual information regarding the price, delivery method, and content of the lecture services, and any exceptional circumstances must be agreed upon in advance with the Gigs general user.
- 11.5. A Gigs expert must specify the conditions under which they can provide the lecture services within their capabilities.
- 11.6. If a Gigs expert needs to subcontract or delegate part or all of the lecture services they provide, they must first obtain prior written consent from us and then provide a detailed explanation of the subcontracting or delegation to the Gigs general user. And the Gigs expert must obtain the Gigs general user's prior agreement on these matters.
- 11.7. A Gigs expert must complete the provision of the lecture services within the specified delivery period and, if it is anticipated that the delivery period will be exceeded, they must reach a prior agreement with the Gigs general user who purchased the lecture services regarding the additional time required for the lecture.
- 11.8. A Gigs expert must respond diligently to inquiries from Gigs general user.
- 11.9. A Gigs expert must not provide lecture services to Gigs users or request the finalization of the purchase of lecture services without confirming the transaction conditions.
- 11.10. If unforeseen circumstances make it difficult to provide the lecture services as intended, a Gigs expert must promptly notify the Gigs general user who purchased the lecture services of the reasons for canceling the transaction and take the actions prescribed by applicable laws and regulations.
- 11.11. If a Gigs expert receives a request for purchase cancellation from a Gigs general user in accordance with these Terms or applicable laws and regulations, they must take actions regarding the purchase cancellation within 24 hours from the time of receipt. If there are reasons why the purchase cancellation cannot be accepted, the Gigs expert must notify the respective Gigs general user of the reasons.
- 11.12. A Gigs expert must register the sale of lecture services according to the registration format specified by us.
- 11.13. It is prohibited for a Gigs expert to register the sale in a manner different from the registration format specified by us, register false information, register as if they intend to sell without genuine intention, or register for the sole purpose of using our Gigs Safe Payment Service with credit card payment systems or telecommunications billing systems.
- 11.14. When registering the sale of lecture services, a Gigs expert must not use wording that induces external payment from Gigs general user or restricts the legitimate rights of Gigs general user's (such as the right of withdrawal), nor should they register false information or content (including wording, photos, or descriptions) that violates these Terms or current laws and regulations.
- 11.15. A Gigs expert must not to do in any unauthorized activities that compromise the safety and reliability of Gigs, such as intentionally modifying or manipulating the evaluation or sales count of lecture services, either by themselves or through other Gigs users.
- 11.16. A Gigs expert must not use or display our name, logo, Gigs user ratings, provided images, or any other materials for purposes other than those determined by us or in unauthorized locations. If such actions cause harm to us or Gigs users, the Gigs expert shall bear all legal responsibilities associated with it.
- 11.17. A Gigs expert must keep records of the information specified by the Electronic Commerce Act and other applicable laws regarding the transactions of lecture services on the Gigs Site or Apps.
- 11.18. A Gigs expert must set the reassurance number provided by us as the representative number in their own information on Gigs and keep it updated at all times.
- 11.19. Gigs experts do not use the personal information of the Gigs general user which they have learned in the process of signing and fulfilling a contract for the provision of lecture services between Gigs general users, for purposes other than those set forth in these Terms, current laws, or Privacy Policy.
- 11.20. Regardless of our intent or negligence, if the personal information of other Gigs users or third parties collected, used, or processed by a specific Gigs expert is infringed, the specific Gigs expert shall bear all legal responsibilities arising from it. In relation to this, we do not assume any responsibility, and if we are held liable, the specific Gigs expert must indemnify to us at their own efforts and expenses.
- 11.21. A Gigs expert must continuously manage information related to the sale of lecture services (reviews, review ratings, message response rate, responsiveness, lecture compliance rate, confirmation of notifications and announcements, etc.) and cooperate with our evaluation system that reflects this information.
- 11.22. We may establish registration criteria for profile images and other materials necessary for the exposure, promotion, and advertising of lecture services, in order to promote sales and increase reliability of the lecture services registered by Gigs experts. We may request Gigs expert to comply with these registration criteria, and the Gigs expert must register profile images and other materials according to the specified criteria.
- 11.23. If a Gigs expert violates their obligations as a Gigs expert, we may take actions in accordance with the Gigs Special Rules set forth in Gigs, and all responsibilities arising from this shall be borne by the Gigs expert.
- 11.24. A Gigs expert must provide lecture services through methods such as screen sharing and voice communication and must not provide lecture services by sending electronic documents or computer files.
12. Sales Registration of Lecture Service
- 12.1. Qualification for Selling Lecture Services Registration
- 12.1.1. A Gigs expert may register the sale of lecture services in accordance with these Terms.
- 12.1.2. We may restrict the qualification of Gigs experts who can register the sale of lecture services in order to protect consumers and maintain the quality of lecture services.
- 12.2. Selling Registration of Lecture Services
- 12.2.1. Gigs experts must comply with the following items when registering the sale of lecture services to ensure that Gigs general users who wish to make a purchase can access information about the desired lecture services:
- (1) Gigs experts must provide materials that describe the available lecture services in a clear and concise manner to Gigs general users who wish to make a purchase.
- (2) Gigs experts must display contact information, including a reliable reassurance number (phone number), Discord contact, and available lecture schedules, along with their profile image.
- (3) Gigs experts must accurately and clearly provide their personal information for external display. If a Gigs expert displays false or exaggerated information, information containing conflicting content, information containing transaction conditions that violate these Terms or applicable laws, or similar information (hereinafter "false information, etc."), we may cancel the registration of such lecture services and cancel any transactions that have already been made. In such cases, the Gigs fee for the canceled or suspended lecture services will not be refunded, and the Gigs expert who provided the false information, etc. will bear all legal responsibilities arising from the cancellation of the transaction. In the event of cancellation, we will notify the reasons for the cancellation of the transaction to the relevant Gigs expert and the Gigs general user who is the purchasing party of the canceled transaction via email.
- (4) Gigs experts must indicate the price of the lecture services they are selling in 'GigsCASH,' the unit of currency determined by us for goods. The selling price should include the Gigs fee and value-added tax that the Gigs expert is responsible for paying to us.
- (5) Gigs experts must not demand additional payment from Gigs general users who have purchased their lecture services for Gigs fees or value-added tax that the Gigs expert should bear. If a Gigs expert requests separate payment as mentioned above, it may be considered as an external payment transaction or excessive quotation request, and we may take measures such as Gigs usage restrictions against the expert.
- (6) When registering the sale of lecture services, Gigs experts must enter the information required by the "Notification on Providing Information on Lectures in Electronic Commerce, etc. (Fair Trade Commission Notification No. 2022-15, hereinafter referred to as the "Lecture Information Provision Notification")" and, if the Lecture Information Provision Notification is changed after the registration of the lecture service sale, they must modify and supplement the relevant information accordingly. If a Gigs expert fails to enter the information according to the Lecture Information Provision Notification or fails to modify and supplement the information in accordance with the changed Lecture Information Provision Notification after the registration of the lecture service sale, we may request information modification in accordance with these Terms. If the Gigs expert fails to comply with a legitimate request for information modification from us, we may take necessary measures, such as usage restrictions. However, this regulation applies only to residents of South Korea.
- (7) When purchasing lecture services, Gigs experts must clearly specify any special transaction conditions or additional costs, so that Gigs general users can be aware of them. However, these special transaction conditions must not restrict the legitimate rights of Gigs general users, violate these Terms, or otherwise violate the transaction conditions set by us.
- (8) Gigs experts must not provide lecture services for sale by changing the approved transaction conditions from us or by registering the sale of arbitrarily modified lecture services. If a Gigs expert engages in such behavior, we may take measures such as canceling the registration of the lecture service sale.
- (9) Gigs experts must not infringe upon the rights of third parties, such as copyright and portrait rights, when registering the sale of lecture services. The information registered by Gigs experts may be exposed on information networks affiliated with us or on blogs of other Gigs users for the purpose of promoting sales. However, exposure on blogs operated by other Gigs users is only possible if they agree to the rules set by us and replicate and distribute the information in a manner permitted by us.
- 12.2.3. Gigs experts must not sell or register lecture services by accessing our information network without authorization through unapproved systems.
- 12.2.4. We may limit the number of lecture service sale registrations that Gigs experts can make through separate Gigs Special Rules, taking into account the efficiency of searching and accessing Gigs users' lecture services, the load on the Gigs system, and the ratings of Gigs experts.
- 12.2.5. If a Gigs expert exceeds the limited number of sale registrations mentioned in 12.2.4, we may cancel the sale registration for the exceeded number of registrations. The cancellation of sale registrations will depend on the number of times the Gigs expert exceeded the assigned sale registration limit or the severity of the violation.
- 12.2.1. Gigs experts must comply with the following items when registering the sale of lecture services to ensure that Gigs general users who wish to make a purchase can access information about the desired lecture services:
13. Regulations on Sales and Purchase of Lecture Services
- 13.1. Lecture Service Sales Regulations
- 13.1.1. Gigs expert can continue selling lecture services indefinitely from the moment they register the services for sale on Gigs, without any separate time limit.
- 13.1.2. If a Gigs expert receives restrictions or other measures in accordance with the provisions of these Terms, or if the lecture service registered by the Gigs expert is deemed inappropriate, the registration of that specific lecture service may be deleted, canceled, or suspended. In such cases, we may review the maintenance of the registration for that lecture service.
- 13.1.3. When a Gigs general user places an order for a lecture service, we will notify the Gigs expert who registered the service of the received order details via email. However, we may also use alternative methods, such as the Gigs expert's Discord contact, mobile phone number, or push notifications, to notify the order details via the provided email address. The Gigs expert can check the order details through the provided order history on the Site or Apps.
- 13.1.4. Upon receiving the notification of an order from us, the Gigs expert must promptly initiate discussions with the respective Gigs general user to commence providing the lecture service as soon as possible. If it is not feasible to provide the specified lecture service or if there is a discrepancy in the payment, the Gigs expert must promptly communicate with the Gigs general user to request cancellation or additional payment related to the order. If the Gigs expert fails to respond, resulting in harm to the Gigs general user, the Gigs expert will be held fully responsible for any damages incurred.
- 13.1.5. A Gigs expert, in relation to the lecture service registered for sale, must sincerely inquire and respond to the Gigs general user who purchased the lecture service through a secure phone number or Discord contact for the progress of the lecture.
- 13.1.6. Gigs expert, after the Gigs general user purchases the lecture service registered by the Gigs expert and receives the complete provision of that service, must always engage in discussions with the respective Gigs general user to conduct the ordered lectures, using the provided reassurance number and Discord contact.
- 13.1.6. After a Gigs general user purchases a lecture service registered by a Gigs expert and receives the complete provision of that service, upon the Gigs general user's completion of "Purchase Confirmation" regarding the specific lecture service, we will settle the purchase amount for that lecture service in accordance with the Gigs Safe Payment Service as stipulated in these Terms and make the payment to the respective Gigs expert. The settlement process shall follow the separate settlement procedure specified in these terms and conditions.
- 13.1.7. In relation to the lecture service Gigs expert has registered for sale, Gigs expert must always engage in discussions and reach agreements with the Gigs general user who purchased the service regarding the provision, cancellation, and any other actions related to the specific lecture service. We do not interfere in the transactions between the Gigs expert and the Gigs general user.
- 13.1.8. If a Gigs expert is obligated to issue a tax invoice, the Gigs expert must issue the tax invoice upon request from a Gigs general user who has the right to request it.
- 13.1.9. Gigs expert who has registered lecture services may display their own skills, qualifications, and experience (resume) on the pages designated by us. Among them, Gigs expert may receive a certification mark (hereinafter referred to as "Expert Certification Mark") according to the Gigs Special Regulations established separately by us for the recognized skills and qualifications. In this regard, Gigs expert must not forge or alter the submitted materials to obtain an expert certification mark from us.
- 13.1.10. If a Gigs expert obtains the expert certification mark mentioned in 13.1.9. through unfair means, the Gigs expert shall bear all civil and criminal liabilities arising from such actions. We shall not be held responsible for any damages incurred by others due to the expert certification mark granted as a result of the Gigs expert's unfair conduct.
- 13.2. Rules for Purchasing Lecture Service
- 13.2.1. General Provisions
- When a Gigs general user intends to purchase a lecture service, the purchase amount includes the purchase fee and other fees as stipulated in these Terms. The relevant provisions shall follow the separate Gigs Usage Fee Regulations specified in these Terms.
- 13.2.2. Methods of Purchasing Lecture Services
- 13.2.2.1. Gigs general user can purchase lecture services after reviewing the registration information of the services listed for sale.
- 13.2.2.2. After purchasing a lecture service, Gigs general users can communicate with and receive responses from the Gigs expert providing the purchased service through the provided reassurance number or Discord contact. (The Discord contact of the Gigs expert will be inactive until the purchase is made.)
- 13.2.2.3. The skills, qualifications, experience (resume), and expert certification marks held by Gigs experts are based on the information they provide to us. The integrity of such expert certification information cannot be guaranteed, and we shall not be liable for any damages or losses arising from the use of such expert certification information, unless there is intentional misconduct or gross negligence on our part.
- 13.2.3. Lecture Service Purchase Process
- 13.2.3.1. After purchasing a lecture service, Gigs general users can check the payment completion status in [My Page - Payment - Payment History].
- 13.2.3.2. Once the provision of a lecture service has commenced, Gigs general users who have purchased the service cannot cancel the purchase.
- 13.2.3.3. Gigs general users who have purchased a lecture service can cancel it with the Gigs expert providing the service, according to the provisions specified in these Terms, before the provision of the service begins.
- 13.2.3.4. Gigs general users who have purchased a lecture service can communicate with the Gigs expert providing the service to finalize the schedule of the service before it begins, or they can automatically confirm the service schedule using the "Gigs Schedule" feature.
- 13.2.3.5. If an agreement is reached between the Gigs general user who purchased the lecture service and the Gigs expert providing the service, the service may be provided at a different time than the agreed-upon lecture service schedule.
- 13.2.3.6. Gigs regular users who have purchased lecture services must complete the payment of the agreed purchase price using a Credit card or PayPal within 24 hours from the time of purchase. Failure to make payment within the specified period will be considered as a refusal to purchase by the respective Gigs regular user, and all related order details, payment attempts, and records will be deleted.
- 13.2.3.7. If a Gigs general user engages in refusal to purchase without valid reasons on three or more occasions, we may take measures such as restricting their usage.
- 13.2.3.8. It is recommended that Gigs general users, upon completion of the provided lecture service, respond sincerely to the lecture feedback provided by the Gigs expert. The Gigs general user who fails to review the feedback will be responsible for any resulting damages or losses.
- 13.2.4. In the case where a Gigs general user who is a minor purchases a lecture service without the consent of their legal guardian, the Gigs general user themselves or their legal guardian can cancel the purchase.
- 13.2.1. General Provisions
14. Gigs Safe Payment Service
- 14.1. We provide an escrow-based Gigs Safe Payment Service for the collection, storage, and transfer of transaction fees related to lecture services among Gigs users.
- 14.2. This Gigs Safe Payment Service is provided for the purpose of ensuring the safety and reliability of transactions among Gigs users and protecting Gigs general user. Therefore, we do not act as an agent or assistant for Gigs expert or Gigs general user through the Gigs Safe Payment Service.
- 14.3. Gigs users must use the Gigs Safe Payment Service provided by us for transactions related to lecture services.
- 14.4. If Gigs users make external payments without using the Gigs Safe Payment Service or induce external payment, we may delete, cancel, or suspend the sale registration of lecture services related to external payment and take other necessary measures, such as terminating Gigs usage for users involved in external payment.
- 14.5. When Gigs users purchase GigsCASH using a credit card or PayPal, any fees or charges incurred during the payment process are the responsibility of the Gigs users using that payment method.
- 14.6. For transactions related to lecture services without using the Gigs Safe Payment Service, all matters arising from such transactions must be resolved through mutual agreement between the respective Gigs expert and Gigs general user. We shall not be responsible for any of these matters.
- 14.7. Gigs users must agree to the Gigs Special Rules(Terms of Use for Gigs Safe Payment Service) established by us when using Gigs.
- 14.8. In cases where we determine that the Gigs Safe Payment Service is being misused or abused, or there is a risk of infringing upon or violating public order and decency, or when we encounter situations or circumstances where it cannot provide the Gigs Safe Payment Service, we may restrict the use of the aforementioned Gigs Safe Payment Service. In such cases, only the initiation of new payments through the Gigs Safe Payment Service will be suspended, while other services related to Gigs will continue to be provided.
- 14.9. When using the Gigs Safe Payment Service, Gigs users must exercise caution to prevent the following situations:
- (1) Unauthorized use or tampering incidents due to unsigned cards, negligence in management, rental, transfer, storage, delegation of use, provision of collateral, or illegal loans.
- (2) Unauthorized use or tampering incidents caused by Gigs users' family members, cohabitants (including de facto cohabitants), or incidents related to them.
- (3) Unauthorized use or tampering incidents resulting from the leakage of card passwords.
- 14.10. We cancel or suspend a transaction if it determines that a Gigs users's purchase behavior involves false or illegal payments, or if it is necessary for the confirmation of swift transaction relationships or transaction safety, or for other justifiable reasons.
15. Payment of Purchase Prices
- 15.1. Gigs general user must make payment for purchased lecture services in accordance with the Gigs Safe Payment Service.
- 15.2. Once a Gigs general user has completed the payment as stated in 15.1., we will display the deposit information and refund information on the screen where the payment details are shown, according to the format specified by us.
- 15.3. Gigs general user bears all risks and responsibilities related to any errors in entering deposit information during the payment of the purchase amount.
- 15.4. Gigs general user must make payment for the purchase amount using a credit card in their own name. Any liabilities incurred by using a credit card in someone else's name, other than the user's own name, are entirely the responsibility of the Gigs general user who made the payment.
- 15.5. Gigs general user can use their GigsCASH held by us to make full or partial payment for the purchased lecture services.
- 15.6. Gigs general user can make additional purchases of listed lecture services. However, the previously purchased lecture services and the additionally purchased lecture services will not be merged or combined.
- 15.7. Gigs general user residing in South Korea can make payments using a virtual account number provided by us after completing a separate personal verification process. Payment using a virtual account number follows the Gigs Special Rules set by us.
16. About Lecture Confirmation
- 16.1. If a Gigs expert has provided all the lecture services according to the transaction conditions of the lecture service sold on the Site or Apps and processed it as 'lecture confirmation', we will notify the Gigs general user who purchased the respective lecture service of the 'lecture confirmation' through their email address, or display the 'lecture confirmation' on the 'purchase management' section within the Site or Apps for the Gigs general user.
- 16.2. If a Gigs expert receives a modification request via email from the Gigs general user who purchased the respective lecture service before processing the 'lecture confirmation', the Gigs expert and the Gigs general user can process the 'lecture confirmation' based on the agreed-upon content in the request. The Gigs expert may request additional payment from the Gigs general user if necessary.
- 16.3. If a Gigs expert processes the 'lecture confirmation' before providing all the lecture services, it will be considered a refusal to fulfill the obligation without justifiable reasons. In this case, we may take measures such as usage restrictions against the Gigs expert who refused to fulfill the obligation.
- 16.4. Regarding the aforementioned point in 16.3., it will not be considered a refusal to fulfill the obligation if the Gigs general user and the Gigs expert have reached an agreement on the completion of the respective lecture service.
- 16.5. If a Gigs general user requests the issuance of a tax invoice while purchasing the lecture service, the Gigs expert selling the respective lecture service must issue a tax invoice to the Gigs general user.
- 16.6. In relation to the aforementioned point in 16.5., if there is Gigs expert who refuse to issue tax invoices, we may take measures such as usage restrictions against the Gigs expert who fails to issue tax invoices or suspend revenue settlement.
- 16.7. A Gigs expert must provide the respective lecture service to the Gigs general user who purchased the listed lecture service based on the mutually agreed-upon schedule. If the Gigs expert is unable to provide the lecture service as scheduled, the Gigs expert must notify the Gigs general user of the inability to provide the service through their email address. In such cases, the Gigs general user can cancel the purchased lecture service through the Site or Apps.
17. Start, Modification, Cancellation, Purchase Confirmation, Refund of Lecture Service
- 17.1. Start of Lecture Service
- 17.1.1. Once the schedule of the purchased lecture service is confirmed, the start of the respective lecture service will automatically take place according to the schedule.
- 17.1.2. The Gigs expert who sells the lecture service and the Gigs general user who purchased the lecture service can mutually agree on the start date of the lecture service.
- 17.1.3. If a Gigs expert starts the lecture service arbitrarily without mutual agreement with the Gigs general user who purchased the service, the Gigs general user can request cancellation of the lecture service from the respective Gigs expert.
- 17.1.4. If a Gigs general user fails to attend the lecture service due to not being able to confirm the schedule of the respective lecture service, the Gigs expert will not be held responsible for it.
- 17.1.5. If a Gigs expert contacts the Gigs general user who purchased the lecture service via email to discuss matters related to providing the sold lecture service and the Gigs general user fails to respond, even if the Gigs general user incurs any losses or damages, the purchase transaction for the respective lecture service will not be canceled, nor will the deadline for providing the lecture service be automatically extended.
- 17.1.6. If frequent requests for lecture cancellations occur regarding a Gigs expert who has registered and sold lecture services, we may take measures such as Gigs usage restrictions against that particular Gigs expert.
- 17.2. Lecture Service Modification
- 17.2.1. In a situation where there is mutual agreement between the Gigs expert who sold the lecture service and the Gigs general user who purchased the service, any cancellation or modification of the lecture service can only be done through mutual agreement between the Gigs expert and the Gigs general user.
- 17.2.2. We do not intervene in the aforementioned situation in 17.2.1., nor do we assume any responsibility related to it.
- 17.3. Lecture Service Cancellation
- 17.3.1. If the lecture service has not yet started, either the Gigs expert who sold the service finds it difficult to provide the service as scheduled or the Gigs general user mistakenly made the purchase, or if the Gigs general user simply changes their mind, both the Gigs expert and the Gigs general user have the right to cancel the lecture service at any time.
- 17.3.2. If a Gigs general user requests cancellation of a purchased lecture service for valid reasons (such as unilateral initiation of the lecture by the Gigs expert), the Gigs expert who sold the service must accept the cancellation request from the Gigs general user through mutual agreement.
- 17.3.3. Once a lecture service registered for sale is purchased and the order details are received from us, the Gigs expert must confirm the schedule of the lecture service within 24 hours on the Site or App.
- 17.3.4. If the Gigs expert fails to confirm the schedule of the lecture service within the specified time frame in 17.3.3., the order will be automatically canceled, and the payment made by the Gigs general user for that order will be refunded in GigsCASH.
- 17.3.5. We assume no responsibility for any damages or losses incurred as a result of the Gigs expert's failure to confirm the schedule of the lecture service within the specified time frame in 17.3.3.
- 17.4. Lecture Service Purchase Confirmation
- 17.4.1. After the Gigs expert who sold the lecture service completes the "lecture confirmation" process for the respective service, they can provide feedback to the Gigs general user who purchased the service. The Gigs general user has up to 7 days from the "lecture confirmation" to provide "purchase confirmation" for the respective lecture service.
- 17.4.2. If the Gigs general user mentioned in 17.4.1. does not provide "purchase confirmation" for the respective lecture service within 7 days from the "lecture confirmation," the lecture service will be considered as "purchase confirmed" on the 8th day from the "lecture confirmation."
- 17.4.3. If the Gigs general user provides "purchase confirmation" mentioned in 17.4.1., we will settle the payment made by the Gigs general user and transfer it to the Gigs expert. Therefore, if any issues arise between the Gigs expert and the Gigs general user after "purchase confirmation," the parties must contact each other directly to resolve the matter. We do not intervene or assume any responsibility for issues between the parties.
- 17.5. Refund of Lecture Service
- 17.5.1. If the lecture service has not yet started, the entire purchase amount will be refunded. However, if the schedule of the lecture service has been confirmed even before it starts, the refund policy specified in 17.6. below, "Refund Policy After Schedule Confirmation," will apply.
- 17.5.2. In the event of lecture service cancellation, the Gigs user who purchased the lecture will be refunded with GigsCASH equivalent to the canceled purchase amount.
- 17.5.3. If the cancellation process of the payment method specified in 17.5.2. above is not possible, the remaining amount after deducting the Gigs service fee and payment method fees (such as card fees) related to the canceled course service will be refunded in GigsCASH.
- 17.5.4. In the event that the lecture service, due to circumstances on the part of the Gigs expert who sells the lecture, is delayed beyond the agreed-upon schedule before or after it has started, or if any corresponding matters occur, the Gigs expert will calculate the portion excluding the conducted teaching hours or sessions and refund it in GigsCASH.
- 17.5.5. In the event that the schedule for a lecture service is not confirmed and 30 days have elapsed since the date of purchase, if the Gigs general user requests a refund from us, we will refund the canceled purchase amount in the form of GigsCASH to the respective Gigs general user. Please note that cancellation of the payment method is not possible, and any fees incurred in using the payment method will not be refunded.
- 17.6. Refund Policy After Schedule Confirmation
- 17.6.1. Schedule confirmation refers to the request made by the Gigs general user who purchased the lecture service to the Gigs expert selling the lecture, asking for confirmation of the schedule related to the lecture service. It means that the Gigs expert has specified the lecture schedule to provide the lecture service to the Gigs general user.
- 17.6.2. The Refund Policy After Schedule Confirmation is as follows:
- (1) Non-participation by the Gigs general user after schedule confirmation: Non - refundable
- (2) Cancellation by the Gigs general user on the day of the scheduled start date: Non-refundable
- (3) Cancellation by the Gigs general user one day prior to the scheduled start date: 50% refund (4) Cancellation by the Gigs general user two days prior to the scheduled start date: 100% refund
- 17.6.3. When the schedule is confirmed, the Gigs general user also prepares their own time accordingly. Therefore, if the Gigs expert fails to fulfill their obligations regarding the confirmed schedule, the following penalties will be imposed on the Gigs expert:
- (1) Failure to initiate the course service by the Gigs expert after schedule confirmation: 7-day suspension of activity
- (2) Cancellation by the Gigs expert on the day of the scheduled start date: 3-day suspension of activity
- (3) Cancellation by the Gigs expert one day prior to the scheduled start date: 1-day suspension of activity
- (4) Cancellation by the Gigs expert two days prior to the scheduled start date: No penalty
- 17.6.4. If a Gigs general user who purchased a scheduled lecture service does not participate in the service after the schedule has been confirmed, the lecture will automatically start as scheduled, and the revenue will be paid to the Gigs expert who sells the lecture.
- 17.6.5. If a scheduled lecture service has started but the Gigs expert who sells the service fails to initiate the teaching, the Gigs general user should contact us for resolution. In such cases, if it is determined that the lecture did not start properly due to the fault of the Gigs expert, we will refund the purchase amount paid by the Gigs general user, in accordance with the provisions of these Terms, in the form of GigsCASH.
- 17.6.6. If a Gigs general user who purchased a lecture service requests a refund from the Gigs expert who sells the service due to simple change of mind, ID restrictions, or other reasons after the service has started, an agreement regarding the refund must be reached between the Gigs general user and the Gigs expert. If an agreement is not reached, a refund is not possible.
- 17.6.7. Any issues between the Gigs expert who sells the lecture service and the Gigs general user who purchases the service that arise after the service has started must be resolved through individual agreement between the parties involved. We do not intervene or take responsibility in such matters.
- 17.6.8. In cases where problems occur regarding lecture services that are frequently registered for sale, we may take measures such as service restrictions against the Gigs expert who sells the lecture service.
- 17.7. Request for revision of lecture service
- If a Gigs general user wishes to request modifications or discontinuation of a purchased lecture service, he/she must immediately notify the Gigs expert who sells that lecture service by email. We do not intervene or take responsibility regarding such modifications or discontinuations.
- 17.8. Requests for Modifications after the Termination of Gigs Safe Payment Service
- 17.8.1. Even after the termination of the Gigs Safe Payment Service provided by us, a Gigs general user can request modifications, exchanges, cancellations, or other related requests regarding the purchased lecture service from the Gigs expert who sells the service, in accordance with relevant existing laws and regulations.
- 17.8.2. In the aforementioned situation in 17.8.1., the Gigs general user must directly make requests for modifications, exchanges, cancellations, or other related requests to the Gigs expert who sells the lecture service, and we do not intervene or take responsibility in such matters.
- 17.9. Disputes Arising after the Termination of Gigs Safe Payment Service
- After the provision of the Gigs Safe Payment Service, as stipulated in these Terms, has ended, any disputes arising from modifications, exchanges, cancellations, or other related requests regarding a lecture service transacted through Gigs involving the Gigs expert (seller) of that lecture service, the Gigs general user (buyer) who purchased the lecture service, and any financial institutions or entities involved in the payment method used by the Gigs general user, such as credit card issuers, must be resolved between the relevant parties. We do not participate in or bear any responsibility for such disputes.
- 17.10. Special Provisions Regarding Payment Cancellations
- 17.10.1. If a Gigs general user purchases GigsCASH with cash and subsequently requests a refund, we will process the refund according to the provisions set forth in these Terms. To clarify, if a Gigs general user purchases GigsCASH 1,000 using 10 usd, the refund process for the GigsCASH 1,000 will be conducted excluding remittance fees and other charges.
- 17.10.2. If a Gigs general user purchases GigsCASH using a payment method other than cash (e.g., credit card) and requests a refund, we will first obtain the name and date of birth of the credit cardholder used for the transaction from the payment service provider responsible for the credit card transaction. We will then compare the name and date of birth of the Gigs general user who requested the refund with the name and date of birth of the credit cardholder provided. If they match, we will proceed with the refund based on the amount of GigsCASH equivalent to the funds deposited to us by the payment service provider, in accordance with the provisions of these Terms. To clarify, if a Gigs general user purchases GigsCASH worth 10 USD, including transaction fees charged by the payment service provider, using a credit card, we will only deduct transfer fees or similar charges from the GigsCASH of 10 USD and initiate the refund process. It does not include a refund of the transaction fees charged by the payment service provider.
- 17.10.3. In the process of verifying whether the individual mentioned in 17.10.2., if the name and date of birth of the Gigs general user requesting a refund do not match the name and date of birth of the cardholder used for the purchase, we will not process the refund request. In this case, the individual who made the payment using the credit card is solely responsible for any consequences arising from our decision not to issue a refund, and we assume no responsibility for such matters.
- 17.10.4. Regarding the refund of GigsCASH paid by credit card, the principle is to process a "payment cancellation" through the payment service provider. However, if the credit card payment is not canceled due to reasons attributable to the payment service provider or reasons attributable to the Gigs general user, we will be obligated to refund the amount deposited to us, up to the extent of the payment made with the respective credit card.
18. Settlement of Proceeds
- 18.1. We can only settle and pay the purchase price to the respective Gigs expert if the Gigs general user, who purchased the lecture service, confirms the "purchase confirmation" as stipulated in these Terms.
- 18.2. If a Gigs general user confirms the "purchase confirmation" on the Site or Apps, we will hold the remaining amount of the purchase price paid by the Gigs general user, after deducting Gigs service fees and other charges according to the settlement procedure specified in these Terms, as the revenue of the respective Gigs expert.
- (1) If a Gigs expert requests a withdrawal of the revenue held by us, we will transfer the funds to the financial institution account registered and verified by the Gigs expert within 7 business days from the date of the withdrawal request. However, since we submit a "money transfer request" to the financial institution with which it transacts, the actual deposit of the revenue to the Gigs expert may be delayed.
- (2) We will issue a consolidated tax invoice for Gigs service fees and other charges payable by the Gigs expert to us regarding the transaction amount confirmed as "purchase confirmation" until the 5th day of the following month in which the "purchase confirmation" was processed.
- (3) We will notify the Gigs expert of the transaction details and withdrawal history of the lecture service sold to the Gigs expert through the [Settings - Withdrawal and Revenue] screen on the Site or Apps.
- (4) We may suspend the settlement procedure and verify whether the registered lecture service violates the provisions stated in Sections 11.13 of these Terms. The handling method will follow the provisions specified in Sections 18.10 to 18.11 below.
- 18.3. The Gigs expert must designate a personal financial institution account for receiving the revenue from us when verifying their account number, and they may change the account number in accordance with our instructions.
- 18.4. The principle is that the account holder of the financial institution account specified by the Gigs expert should be the same individual as the Gigs expert themselves (in the name of the applicant or, in the case of a corporation, the representative or the name of the business location).
- 18.5. If the account holder of the financial institution account specified by the Gigs expert differs from the information registered by the Gigs expert during the application process, the withdrawal of revenue will not be possible. The withdrawal of the revenue will be put on hold until it is objectively proven that the account holder of the financial institution account matches the information provided by the registered Gigs expert.
- 18.6. Once the "purchase confirmation" is deemed to have occurred in accordance with these Terms, we will proceed with the settlement process as specified in Section 18.2, based on the date when the "purchase confirmation" is considered to have occurred
- 18.7. If a Gigs expert confirms the "lecture confirmation" and notifies the Gigs general user who purchased the corresponding lecture service via email, the Gigs general user has 7 days from the date of notification to express their intention to modify, cancel, return, or exchange the lecture service. Even if the Gigs general user's intention regarding the modified lecture service reaches the Gigs expert's email address, as specified in Section 18.2, we may proceed with the settlement process if the Gigs general user has already completed the modified lecture service. However, if the Gigs general user raises objections to the modified lecture service with the Gigs expert, we will not proceed with the settlement process.
- 18.8. Once we complete the settlement process and disburse the held revenue to the Gigs expert, from the start of the settlement process onwards, the respective Gigs general user is responsible for handling all issues (including returns or exchanges) related to the lecture service between the Gigs general user and the Gigs expert. We do not intervene or assume any responsibility in this regard.
- 18.9. The Gigs expert is not allowed to transfer their right to claim revenue payment from us, which arises from the sale of lecture services, to a third party.
- 18.10. If we determine or suspect that a Gigs expert has engaged in inappropriate trading activities by selling lecture services or has acquired revenue through inappropriate trading activities or similar acts, we may withhold the settlement of revenue for a maximum of 120 days or refuse to process payment in accordance with the Gigs Safe Payment Service. However, if the respective Gigs expert and the corresponding Gigs general user submit objective supporting evidence related to the transaction of the lecture service to us, and it is verified that the transaction was legitimate, we will proceed with the payment of the revenue to the respective Gigs expert.
- 18.11. In addition to what is specified in these Terms, if there are current laws or reasonable grounds (such as requests from authorized institutions such as courts, investigative agencies, financial institutions, etc., or cases requiring factual verification through delegated agents), we may notify the respective Gigs expert of such reasons via their email address and withhold the settlement of all or part of the revenue until the issue is resolved.
- 18.12. We submit quarterly sales statements of Gigs experts to the tax authority in accordance with the "Notice on Submission of Electronic Commerce-related Documents (National Tax Service Notice No. 2018-14, June 1, 2018)."
- 18.13. Gigs experts can check the sales data submitted by us through the [My Page - Expert Toolkit - Withdrawals and Earnings] section on the Site or Apps. Gigs expert is responsible for ensuring that the sales data is not missing. We do not intervene or take responsibility for tax-related matters.
- 18.14. Gigs expert must withdraw settled revenue within 1 year from the date it becomes available for withdrawal. Revenue that has elapsed 1 year from the date it became available for withdrawal may be forfeited to us.
- 18.15. We may impose fees on the settlement process for the withdrawal of revenue by Gigs experts. The specific details and rates of the fees are governed by separate service agreements.
- 18.16. We are responsible for any taxes, fees, bank charges, or other costs incurred during the settlement and payment process for revenue.
19. Cash, Point, Coupon
- 19.1. GigsCASH is a prepaid electronic payment instrument issued and managed by us, used by Gigs general users as a payment method to purchase lecture services and make payments.
- 19.1.1. Gigs general users can purchase GigsCASH using various payment methods if needed. However, if GigsCASH is purchased using a payment method that incurs separate fees, only the remaining balance after deducting the separate fees related to that payment method may be refunded.
- 19.1.2. Gigs users can only purchase GigsCASH in accordance with the unit amount and payment methods specified by us.
- 19.1.4. Gigs users can use GigsCASH alone or in combination with other payment methods (such as credit cards) when purchasing lecture services. To clarify, it means that when purchasing lecture services, if there is an insufficient quantity of GigsCASH, it can be purchased using another payment method, and then the payment can be made with GigsCASH.
- 19.1.5. The validity period of purchased GigsCASH is 2 years from the initial purchase date, and in the case of transactions canceled and refunded to GigsCASH, the validity period is calculated from the initial payment date.
- 19.1.6. We notify Gigs users who hold GigsCASH scheduled to expire 30 days prior to the expiration date, through their email addresses. The validity period of GigsCASH scheduled for expiration cannot be extended.
- 19.1.7. Gigs users who have purchased GigsCASH may request a refund from us within the validity period, except for amounts less than 1,000 GigsCASH, which are non-refundable.
- 19.1.8. Refunds for purchased GigsCASH, unless there are special circumstances, are transferred to the bank account registered by the respective Gigs users with us within 7 business days from the date they requested the refund. The transaction fees incurred are the responsibility of the requesting Gigs users, and GigsCASH amounts smaller than the transaction fees are not refundable.
- 19.1.9. Despite the provisions stated in 19.1.7., if there is suspicion that the GigsCASH for which a refund request has been made by Gigs users is a result of inappropriate transaction behavior as defined in these Terms, we may withhold the refund of the GigsCASH for up to 120 days to verify the transaction details. However, if the respective Gigs users provide objective evidence that can prove the legitimate occurrence of the requested GigsCASH refund, we will refund a substantial amount of money to the GigsCASH after verifying the evidence and confirming it as a legitimate transaction.
- 19.1.10. In addition to the provisions in these Terms, if there are current laws or reasonable grounds (such as requests from courts, investigative agencies, financial institutions, or other authorized institutions, or cases requiring factual verification through outsourcing companies, etc.), we may notify the respective Gigs users of such reasons through their email addresses and withhold the entire or partial refund of a substantial amount of money to the GigsCASH until the issue is resolved.
- 19.1.11. We may request Gigs users who have applied for a refund to provide the necessary information, such as the financial institution account number in the name of the respective Gigs users and a copy of the bank statement, to facilitate the refund. Gigs users must cooperate and provide the requested information.
- 19.1.12. In the event that we are unable to provide Gigs due to uncontrollable circumstances beyond its control, such as war, insurrection, labor disputes, natural disasters, etc., and as a result, Gigs users are unable to use GigsCASH, we will refund the remaining GigsCASH in its entirety to the respective Gigs users.
- 19.1.13. GigsCASH will be void under the following circumstances:
- (1) When the validity period of GigsCASH has expired.
- (2) When Gigs users agree to the expiration of GigsCASH in conjunction with the termination of the Gigs user agreement.
- 19.1.14. Gigs users can only use GigsCASH for the purpose of purchasing lecture services for themselves and are prohibited from transferring or trading it to others, using it for purposes other than purchasing services provided by us, or engaging in activities that are considered equivalent to the transfer of GigsCASH.
- 19.1.15. If Gigs users acquire GigsCASH unfairly or improperly, they will not be able to use the acquired GigsCASH, and we may revoke the unfairly or improperly acquired GigsCASH.
- 19.1.16. If there is suspicion of fraudulent payment behavior or similar actions as defined in these Terms, we may take measures such as disqualification, suspension, or termination of the Gigs user agreement, withholding refunds for purchased GigsCASH, and may also take legal actions, including civil and criminal measures, against the Gigs users who engaged in such fraudulent payment behavior.
- 19.1.17. If there are grounds for canceling the purchased lecture services or other reasons that may lead to us reclaiming the GigsCASH granted to the respective Gigs users, if the remaining GigsCASH balance held by the respective Gigs users is less than the amount of GigsCASH to be reclaimed, we may demand the respective Gigs users to purchase GigsCASH for the difference amount or reclaim the GigsCASH through events or other means provided by us.
- 19.1.18. The detailed information regarding the granting and use of GigsCASH by us follows the Gigs Special Rules for Gigs established by us, and specific details will be announced on the Site and Apps.
- 19.1.19. We reserve the right to change the accumulation rate and validity period of GigsCASH as necessary while operating Gigs.
- 19.1.20. GigsCASH can only be used on the US/English language page within the Site or Apps.
- 19.1.21. Gigs regular user residing in South Korea must provide us with their financial institution account number, the account holder's name, and contact information in order to request a refund of GigsCASH. In this case, the respective Gigs regular user bears all risks and responsibilities related to any errors or inaccuracies in the refund information of GigsCASH.
- 19.1.22. Gigs regular user residing in the United States must provide us with the following information: 「① Address, ② Region, ③ Postal Code, ④ Country, ⑤ Country Code, ⑥ Contact Number, ⑦ Financial Institution Account Number, ⑧ Financial Institution Name, ⑨ Copy of the bank statement containing the aforementioned ⑦ financial institution account number, ⑩ Country-specific bank codes ('TransitCode, SortCode, SwiftCode, BsbCode, Ifsc, ACH_RoutingNumber, Iban, WingMoneyNumber, CardNumber')」 in order to request a refund of GigsCASH. In this case, the respective Gigs regular user bears all risks and responsibilities related to any errors or inaccuracies in the refund information of GigsCASH.
- 19.2. Gigs Points
- 19.2.1. We may grant Gigs Points to Gigs users free of charge according to its policies.
- 19.2.2. Gigs users can use Gigs Points either individually or in conjunction with other payment methods.
- 19.2.3. 1,000 Gigs Points have the equivalent value of 1,000 KRW (South Korean Won) or 1 USD (United States Dollar).
- 19.2.4. Gigs Points cannot be purchased for a fee.
- 19.2.5. The validity period of accumulated Gigs Points is 3 months from the initial accumulation date.
- 19.2.6. The detailed information regarding the granting and use of Gigs Points by us follows the Gigs Special Rules for Gigs established by us, and specific details will be announced on the Site and Apps.
- 19.2.7. Gigs Points cannot be converted or refunded into cash and will automatically expire if not used within the validity period.
- 19.2.8. Gigs Points will sweep away in the following cases
- (1) When the validity period of Gigs Points has elapsed.
- (2) When Gigs users agree to the expiration of Gigs Points upon termination of their Gigs user agreement.
- (3) When the conditions specified by us regarding the free accumulation of Gigs Points have expired.
- 19.2.9. Gigs users can only use Gigs Points for the purpose of purchasing lecture services for themselves and are strictly prohibited from transferring, selling, using for purposes other than purchasing services provided by us, or engaging in any activity that is essentially equivalent to the transfer of Gigs Points.
- 19.2.10. If Gigs users acquire Gigs Points unfairly or unlawfully, they will not be able to use the unfairly or unlawfully acquired Gigs Points, and we may confiscate such Gigs Points.
- 19.2.11. Gigs Points used by Gigs users are non-refundable and non-cancellable. In particular, if lecture services purchased with Gigs Points are canceled, the points used will not be refunded.
- 19.2.12. In the event that we intend to reclaim Gigs Points already awarded to Gigs users due to reasons such as the cancellation of purchased lecture services, if the balance of Gigs Points held by the respective Gigs users at the time of reclamation is less than the amount to be reclaimed, we may request the users to reimburse the difference through "direct remittance" or recover the points by allowing them to acquire Gigs Points through events or other means conducted by us.
- 19.2.13. When Gigs users make payment for the purchase of lecture services using Gigs Points, we will issue a card sales slip or cash receipt only for the actual payment amount excluding the Gigs Points used.
- 19.2.14. We reserve the right to change the accumulation rate and validity period of Gigs Points and other relevant matters as necessary while operating Gigs
- 19.3 Gigs Coupons
- 19.3.1 The company may provide Gigs coupons to Gigs users upon their new registration, during user invitation promotions, or through various other events.
- 19.3.2 The validity period of Gigs coupons provided by the company may vary depending on their type.
- 19.3.3 The minimum payment amount applicable to Gigs coupons provided by the company may vary depending on their type.
- 19.3.4 Even if Gigs users purchase lecture services using an unexpired Gigs coupon, if the transaction related to that lecture service is canceled after the coupon's expiration date, the respective Gigs coupon will automatically expire and cannot be reused.
- 19.3.5 Gigs users can use one Gigs coupon per order for lecture services, and it cannot be combined with other event discounts.
- 19.3.6. When Gigs users make payment for the purchase of lecture services using Gigs coupons, we will issue a card sales slip or cash receipt only for the actual payment amount excluding the applied amount of the Gigs coupon.
- 19.3.7. Gigs users can use Gigs coupons that meet the conditions based on the purchase amount, and the eligibility for coupon application may vary depending on the type of Gigs coupon.
- 19.3.8. It is not possible to change a Gigs coupon to another Gigs coupon once it has been used, and the application of Gigs coupons is only valid for completed transactions after issuance.
- 19.3.9. If Gigs users attempt to make a payment using a Gigs coupon but the payment is not completed due to reasons such as the expiration of the payment deadline for bank transfers, they can reuse the respective Gigs coupon.
- 19.3.10. If Gigs users use Gigs coupons for inappropriate transaction activities or fraudulent payment activities as defined in these Terms, we may cancel the use of the respective Gigs coupon for those users without prior notice.
20. Gigs Usage Fees
- 20.1. Gigs Usage Fees are fees related to the use of the Gigs system operated by us and consist of transaction fees, service fees, etc. The detailed information is applied according to the Gigs Special Rules separately established by us.
- 20.2. Transaction Fees
- 20.2.1 Transaction fees are imposed on Gigs Experts based on the confirmed purchase amount of the sold lecture service, the "field" determined by us, and any ongoing events or promotions according to our separate Gigs Special Rules.
- 20.2.2. Transaction fees are deducted as usage fees at the stage when the confirmed purchase amount of the sold lecture service is converted into the earnings of the Gigs Expert, and the deducted transaction fees will not be refunded.
- 20.2.3. No transaction fees are charged in the event of a cancellation of the sold lecture service.
- 20.2.4. We may implement Gigs Special Rules related to transaction fees.
- 20.3. Service Fees
- 20.3.1 Service fees are borne by Gigs general users and are included in the payment amount when purchasing a lecture service.
- 20.3.2. We may implement Gigs Special Rules related to service fees.
21. Evaluation System
- 21.1. When a Gigs general user who has purchased a lecture service confirms purchase, we can display ratings and reviews related to the transaction of that lecture service in stages determined by us. The displayed ratings will be reflected in the evaluation of the Gigs expert who registered the lecture service for sale. The above ratings and reviews will be displayed together on the Site or Apps where the lecture service is displayed.
- 21.2. Only Gigs general users who have confirmed the purchase of a lecture service can write "lecture reviews" for that lecture service.
- 21.3. The copyright of the "lecture reviews" mentioned in 21.2. belongs to the Gigs general user who wrote the "lecture reviews".
- 21.4. Within the scope related to the operation of Gigs, we may use the "lecture reviews" written by Gigs general user mentioned in 21.2. for posting, delivering, sharing, etc. on the Site or Apps free of charge.
- 21.5. We may make partial modifications and edits to the essence of the "lecture reviews" mentioned in 21.2. within the range without altering their fundamental content.
- 21.6. A Gigs general user who has written the "lecture reviews" mentioned in 21.2. can request us to take measures such as deleting the said "lecture reviews" at any time, and if the request for deletion or other measures reaches our email address, we will promptly take the necessary actions regarding the deletion of the "lecture reviews".
- 21.7. If a Gigs general user requests the deletion of the "lecture reviews" mentioned in 21.2. from us and the said "lecture reviews" are deleted, the Gigs general user cannot rewrite the "lecture reviews" for the lecture service related to the deleted reviews.
- 21.8. We will not delete the "lecture reviews" solely based on dissatisfaction with the lecture service or the inclusion of unfavorable content about the Gigs expert.
- 21.9. The "lecture reviews" that include evaluations of the Gigs expert who provided the lecture service are entirely the responsibility of the Gigs general user who wrote the "lecture reviews" and are subjectively conducted. Therefore, we do not make judgments about whether the content of the "lecture reviews" is true or false.
- 21.10. If disputes arise between a Gigs general user who has written "lecture reviews" after "Purchase Confirmation" the purchase and a third party, due to infringement of copyrights, intellectual property rights, or other rights of the third party, the Gigs general user who registered the "lecture reviews" bears all responsibilities related to it.
- 21.11. If Gigs users engage in actions that go against the purpose and intention of the rating system, we may take measures such as deleting the "lecture reviews" without prior notice or suspending their publication. In addition, actions such as terminating the Gigs general user who wrote the "lecture reviews" may be taken.
- 21.12. All rights and responsibilities regarding the "lecture reviews" written by a Gigs general user after Purchase Confirmation the purchase of the lecture service belong to the user who wrote and posted them. We may take measures such as deleting the "lecture reviews" or suspending their publication without prior notice to the Gigs general user who wrote them, if we determine that the following apply to the "lecture reviews." In this case, we do not bear any responsibility towards the aforementioned Gigs general user.
- (1) In the event that monetary or other rewards are received or promised in exchange for the creation of "lecture reviews" and an agreement is made to intentionally provide "high rating evaluations" in the created reviews.
- (2) If the purpose of writing the "lecture reviews" or the purpose of rating is contrary to the intended purpose, or if the content is unrelated to the purchased lecture service.
- (3) If there is infringement of the rights of others without proper authority (such as infringement of intellectual property rights, disclosure of personal information, defamation)
- (4) If it causes embarrassment, hatred, or discomfort to others or evokes sexual shame.
- (5) If it is deemed to be associated with criminal activities.
- (6) If it includes malicious code, data, viruses, or other elements that interfere with the proper functioning and operation of information and communication devices or Gigs.
- (7) In cases determined by us to be in violation of other relevant laws and regulations
- 21.13. A Gigs expert who has sold a lecture service may provide feedback on the lecture service to the Gigs general user who purchased the lecture service after the completion of the said lecture service
22. Compensation for Damage
- 22.1. In cases where damages occur to Gigs users who are in a counterpart position with respect to the performance of the Gigs service contract, due to the responsible actions of the "we" or "our employees, agents, subcontractors, or delegates who perform the Gigs service contract on behalf of the company," we shall be responsible for compensating the affected Gigs users for the damages incurred.
- 22.2. If damages occur to us as a result of the responsible actions of Gigs users or their employees, agents, subcontractors, or delegates who perform the Gigs service contract on behalf of those Gigs users, those Gigs users shall be responsible for compensating us for the damages incurred.
- 22.3. If, while using Gigs, Gigs users cause damages to other Gigs users due to their own responsible actions, the Gigs users at fault shall be responsible for compensating the affected Gigs users for the damages incurred.
23. Disclaimer
- 23.1. As we are merely an intermediary for online transactions, all matters related to the use of Gigs (including the management of lecture service sales and purchases, fulfilling obligations towards each other, resolving issues related to withdrawal of subscription or returns/cancellations) should, in principle, be handled between the respective Gigs expert and Gigs general user who is the parties to the transaction.
- 23.2. In the aforementioned situation described in 23.1., in principle, we do not intervene or assume any responsibility. However, if we are notified by one or more of the parties involved of a dispute between the Gigs expert and Gigs general user, we may take all necessary actions (such as settlement and refund withholding of transaction amounts, Gigs usage restrictions, access to transaction history) to facilitate amicable dispute resolution in accordance with the Electronic Commerce Act. These measures may continue until the resolution of the dispute.
- 23.3. In cases where an agreement cannot be reached between the respective Gigs expert and Gigs general user, or when we determine that it is difficult to resolve the dispute even with its intervention, we may transfer the dispute to the external organizations listed below or guide the parties to apply for such transfer, providing relevant information. From the point of transfer, the opinions of the transferred organization shall be trusted and used as a basis for handling dispute-related matters. However, this regulation applies only to Gigs users residing in South Korea.
- 23.4. In the event that we are temporarily or permanently unable to provide Gigs due to force majeure or similar circumstances, maintenance, replacement, or malfunction of information and communication facilities, communication disruptions, or other reasons beyond our control, we shall be exempt from liability for the provision of Gigs, provided that there is no willful misconduct or gross negligence on the part of us. In such cases, we will notify Gigs users through the methods posted on our provided Site and Apps.
- 23.5. We shall not be held responsible for any disruptions in Gigs usage caused by the fault of Gigs users.
- 23.6. Unless there is willful misconduct or gross negligence on the part of us, we shall not be responsible (including product liability) for any damages incurred by Gigs general user as a result of defects in the lecture services traded through Gigs, errors in the registered information of the lecture services, or any other deficiencies.
- 23.7. Except for cases where the falsity or illegality of the information, data, or facts posted by Gigs users is objectively confirmed, we do not guarantee the accuracy, stability, validity, or any other aspect of the information displayed on the Site and Apps. We shall not be held responsible in relation to this, provided that there is no willful misconduct or gross negligence on the part of us.
- 23.8. We and any linked companies (referring to companies operating information and communication networks linked to the Site or Apps) operate independently, and we shall not be responsible for transactions conducted between linked companies and Gigs users.
- 23.9. Transactions on the Apps may not be conducted in real-time. Transactions on the Apps may be restricted or delayed due to the current location of Gigs users and the network of the data service provider they are using.
- 23.10. We shall not be responsible for any problems arising from the Gigs users' computer environment or security issues beyond the scope of our management, or for any problems arising without our fault, such as network hacking that is difficult to defend against given the current state of security technology.
- 23.11. We shall not be held responsible for any failure of Gigs users to obtain the expected utility from using Gigs, and shall be exempt from liability for any damages arising from the choices or use of Gigs.
- 23.12. We may restrict the use of all or part of Gigs, or limit the usage time of Gigs users, in accordance with relevant laws, government policies, and other regulations. We shall be exempt from liability for any matters related to such restrictions and limitations.
- 23.13. While we strive to make Gigs a safe environment, it cannot prevent Gigs users from being exposed to content that may be unpleasant or offensive. Therefore, Gigs users agree that we shall not bear legal responsibility for any damages arising from exposure to such content.
- 23.14. Our disclaimer of liability shall apply to the maximum extent permitted by law.
- 23.15. In the event that Gigs users are unable to use Gigs due to our fault, our liability towards those Gigs users shall be limited to a maximum of 100 USD (United States Dollars).
- 23.16. We shall not be liable for any damages exceeding 100 USD (United States Dollars) towards Gigs users under any circumstances.
24. Governing Law and Arbitration
- 24.1. Any disputes arising from the transactions governed by these Terms shall be finally resolved through arbitration in accordance with the expedited procedure of the International Arbitration Rules of the Korean Commercial Arbitration Board (KCAB), and under the laws of the Republic of Korea.
- 24.2. The number of arbitrators shall be [one].
- 24.3. The seat or legal venue of the arbitration shall be [Seoul / Republic of Korea].
- 24.4. The language to be used in the arbitration proceedings shall be [Korean].
25. Special Conditions for Apps
- 25.1. The functionality of the Apps may not be identical to what is available on the Site.
- 25.2. Gigs provided through the Apps are provided "as is" and in an available state.
- 25.3. We shall not be responsible for any damage to the hardware equipment or data loss incurred by Gigs users through the use of the Apps.
- 25.4. Updates and other notification features of the Apps may not occur in real time. The reasons for the non-occurrence of real-time notifications may include delays or waiting times due to the physical location of the Gigs users or the wireless data service provider's network, or delays beyond the control of us.
26. Miscellaneous
- 26.1. We establish and operate a support center to actively address valid opinions and complaints raised by Gigs users and resolve such issues.
- 26.2. When we determine that valid opinions and complaints raised by Gigs users are deemed appropriate, it will notify the Gigs users of the progress within 7 business days from the date of receipt and provide them with the results of the actions taken or proposed solutions within 10 business days from the date of receipt.
- 26.3. If we find it difficult to immediately address valid opinions and complaints raised by Gigs users, it will notify the Gigs users of the reasons and processing deadlines through their email addresses.
- 26.4. The company acts as a middleman between service providers and purchasers, and it does not create any legal relationship between them. Instead, it simply facilitates transactions. Therefore, the service providers are not responsible for withholding any taxes.
- 26.5. The company will not be held responsible for any penalties, fines, or legal consequences if expert users fail to fulfill their tax obligations.
- 26.6. The company submits monthly transaction reports to the tax authorities as required by the Value-Added Tax Act.
- 26.7. Any taxes or fees imposed by law are the responsibility of the members.
- 26.8. The waiver of our rights about specific provisions of these Terms shall not be construed as a waiver of rights as set forth in other provisions.
- 26.9. The headings in these Terms are for convenience purposes only and shall not affect the interpretation of the provisions.
- 26.10. Throughout these Terms the use of the word “including” means “including but not limited to.”
- 26.11. If any part of these Terms is deemed invalid or unenforceable, the invalid or unenforceable portion shall be given the maximum effect permissible, and the remaining portions shall remain in full force and effect.
- 26.12. For inquiries and inconveniences related to Gigs and service usage, please feel free to contact us through the following channels:
- (1) Email address: service+gigs@op.gg
- (2) Phone number: 070-8984-3520
27. Introduction
- 27.1. Trade Name: OP.GG (opens in a new tab) Inc.
- 27.2. Address: WeWork B/D 1F, 2F, 507, Teheran-ro, Gangnam-gu, Seoul, 06168, Republic of Korea.
- 27.3. CEO: Sang Rak Choi
- 27.4. Business Registration Number: 295-88-00023