BLACKBIRD T Electronic Financial Transactions Terms of Use

Article 1 (Purpose)

This agreement is intended to establish the basic matters related to electronic financial transactions between the company, KG Inicis Co., Ltd. (hereinafter referred to as the \"Company\"), and users who utilize the electronic payment gateway service and payment deposit service provided by the Company.

Article 2 (Definitions)

The definitions of the terms used in this agreement are as follows

1. 'Electronic Financial Transaction' refers to transactions where the Company provides electronic payment gateway services and payment deposit services (hereinafter referred to as \"electronic financial transaction services\") through electronic devices, and users conduct transactions without directly facing or communicating with the Company's employees in an automated manner.

2. 'Electronic Payment Method' refers to payment methods conducted electronically, including electronic fund transfers, prepaid electronic payment methods, electronic currency, credit cards, electronic bonds, and other payment methods conducted electronically.

3. 'Electronic Payment Gateway Service' refers to the service of transmitting or receiving payment information electronically in the process of purchasing goods or using services and settling the payment on behalf of or as an intermediary.

4. 'Payment Deposit Service' refers to the service of depositing the entire or partial payment made by a buyer for purchasing goods (hereinafter referred to as \"goods, etc.\") through the Company until the completion of the supply of goods, etc.

5. 'Buyer' refers to an individual or corporation using the payment deposit service to purchase goods, etc., on a site operated by a seller.

6. 'Seller' refers to an individual or corporation supplying goods, etc., to buyers and receiving the deposited payment (hereinafter referred to as 'payment') and includes a telecommunication sales business operator as defined in Article 2(3) of the Act on Consumer Protection in Electronic Commerce, Etc.

7. 'Merchant' refers to a person who provides goods or services to users through transactions using electronic payment methods under a contract with the Company, excluding electronic financial institutions.

8. 'User' refers to a person who agrees to this agreement and uses the electronic financial transaction services provided by the Company.

9. 'Access Device' refers to a means or information used to execute a financial transaction electronically or to ensure the truthfulness and accuracy of the user and transaction information, including electronic cards and equivalent electronic information (including credit card numbers), electronic certificates under the Electronic Signature Act, user numbers registered with the Company, user biometric information, passwords necessary to use the above means or information, as defined in Article 2(10) of the Electronic Financial Transactions Act.

10.'Transaction Instruction' means instructing the Company to process electronic financial transactions in accordance with the electronic financial transaction agreement concluded by the user.

11. 'Error' refers to cases where an electronic financial transaction is not executed in accordance with the electronic financial transaction agreement or the user's transaction instruction without the user's intention or negligence.

12.'Information and Communication Network' means a system for collecting, processing, searching, transmitting, or receiving information using telecommunications facilities or by utilizing telecommunications facilities and computer and computer use technology.

Except for those defined in this article and other articles of this agreement, the definitions shall follow the relevant laws such as the Electronic Financial Transactions Act.

Article 3 (Specification, Provision, and Explanation of Agreement)

1. The Company shall specify the agreement to users, and in cases where users request it, the Company shall provide a copy of the agreement to the users through methods such as transmission of electronic documents (including transmission via email), facsimile transmission, mail, or direct delivery.

2. If a user requests an explanation of the important contents of the agreement, the Company shall explain the important contents of the agreement to the user through one of the following methods

- Direct explanation of the important contents of the agreement to the user.

- Displaying an explanation of the important contents of the agreement via electronic device in a way that is easily understandable to the user, and receiving confirmation from the user that they have sufficiently understood the contents via electronic device.

Article 4 (Amendment of Terms)

1. When the Company amends these terms, it shall post the contents of the amended terms on the electronic device used for the relevant electronic financial transaction (or on an electronic device easily accessible by the user if posting on the relevant electronic device is difficult) at least one month before the effective date of the amended terms and notify the user. However, if a user raises objections, the Company must confirm that the user has been notified of the amendment in an appropriate manner.

2. Notwithstanding paragraph 1, in cases where urgent changes to the terms are made due to amendments to laws, the amended terms must be posted on the electronic device for at least one month and the user must be notified.

3. When the Company posts or notifies the amended terms in accordance with paragraphs 1 and 2, it must notify the user of the contents stating the intention that \"The user may terminate the contract within the business day before the effective date of the amended terms after the notification or publication of the amended terms, and if the user does not raise objections to the amended terms, it will be deemed as consent to the amended terms.\"

4. Users may terminate the electronic financial transaction contract until the business day before the effective date of the amended terms after the notification or publication of the amended terms, and if the user does not raise objections to the amended terms, it will be deemed as consent to the amended terms.

Article 5 (Types of Electronic Payment Intermediary Services)

The electronic payment intermediary services provided by the Company are categorized as follows according to the payment methods

1. Credit Card Payment Intermediary Service: A service where the Company transmits and receives credit card payment information through the electronic payment system and settles or mediates the payment of the transaction amount when the payment method provided by the user is a credit card.

2. Account Transfer Intermediary Service: A service where the Company facilitates the settlement of the transaction amount by transferring it to a financial institution through the Company's electronic payment system when the user provides the payment through an account transfer. It refers to a real-time transfer service where funds are withdrawn from one's own account and transferred to a desired account.

3. Virtual Account Service: A service where the Company issues a unique one-time account for the user through its electronic payment system for the payment of the transaction amount when the user wishes to pay in cash.

4. Regular Payment Service: A service where the user can authorize single transactions on a specified date or separately specified contract date with the designated payment method. When using the monthly automatic payment service, the Company obtains explicit consent through methods such as checking the amount to be used and automatic payment on the electronic payment window.

5. Others: Other services provided by the Company include 'Mobile Payment Intermediary Service', 'ARS Payment Intermediary Service', 'Gift Certificate Payment Intermediary Service', etc.

Article 6 (Special Provisions on Regular Payment Service)

1. Since the regular payment service is provided by the Company, the merchant associated with the regular withdrawal will be indicated as 'KG Inicis' on the credit card payment details.

2. Since the Company only handles regular withdrawal payment mediation, all procedures related to the cancellation of regular withdrawal requests must be directly requested through the respective merchant (online store).

3. The Company will notify the user of transaction details related to this service via e-mail, and users can also check separately at www.inicis.com. The Company will only receive and retain minimal information necessary for providing the regular payment service (name, e-mail) from the respective merchant.

Article 7 (Contents of Payment Deposit Service)

1. The user (including the recipient of goods if the user agrees) must notify the Company of the receipt of goods within 3 business days from the date of receiving the goods.

2. After receiving notification from the user about the receipt of goods, the Company will pay the transaction amount to the merchant within the deadline agreed upon between the Company and the online seller.

3. If the user fails to notify the Company of the receipt of goods within 3 business days from the date of receiving the goods without justifiable reasons, the Company may pay the transaction amount to the online seller without the user's consent.

4. If reasons for refunding the transaction amount to the consumer occur before the Company pays the transaction amount to the online seller, the Company will refund the transaction amount to the consumer.

5. The Company may establish separate terms and conditions for the payment deposit service to specify the specific rights and obligations related to the use of the payment deposit service, in addition to these terms.

Article 8 (Obligations of the Buyer)

1. The buyer must comply with the provisions of these terms and conditions and related laws regarding the use of the payment deposit service.

2. If the buyer wishes to cancel the purchase before receiving the goods, they must immediately notify the Company of their intention and return the received goods or refuse the use of the service.

3. If the buyer wishes to return the goods already received, they must notify the Company of their intention before confirming the purchase and return the received goods.

Article 9 (Obligations of the Seller)

1. The seller must comply with the provisions of these terms and conditions and related laws regarding the use of the payment deposit service.

2. Upon notification from the Company of the deposit of the buyer's payment, the seller must deliver the goods or services and register the shipping information in the Company's system.

3. If the Company or the buyer requests proof of delivery related to the shipment of goods or services, the seller must provide the necessary documentation.

4. The seller must directly handle all complaints, withdrawals, and requests from buyers, including defects in goods or services, non-delivery, damage during delivery, and any other issues related to the transaction.

Article 10 (Obligations of the Company)

1. The Company has the obligation to provide continuous and stable services in compliance with these terms and conditions and related laws regarding the provision of the payment deposit service.

2. After the buyer's purchase confirmation, the Company shall pay the seller the transaction amount within the agreed period between the Company and the seller.

3. If the buyer does not confirm the purchase within 3 business days from the date of receiving the goods without justifiable reasons, the Company may consider the purchase confirmed and pay the seller without the buyer's consent.

4. If the Company needs to refund the transaction amount from the seller before paying it, the Company will refund the transaction amount to the buyer's account or the account designated by the buyer. However, if a return of the received goods is required, the date of completion of the return will be considered as the date of the refund.

Article 11 (Service Hours)

1. The Company shall provide electronic financial transaction services to users 24 hours a day, 7 days a week, as a principle. However, this may be subject to change depending on the circumstances of financial institutions or other payment method issuers.

2. If the Company needs to temporarily suspend the service due to maintenance of information and communication facilities, inspections, or other technical requirements, or due to the circumstances of financial institutions or other payment method issuers, the Company may suspend the service after posting the notice of suspension through electronic means that can be posted until 3 days before the service suspension. However, in cases of system recovery, urgent program maintenance, external factors, etc., the service may be suspended without prior notice.

Article 12 (Selection, Use, and Management of Access Devices)

1. The Company may select access devices to confirm the user's identity, authority, and transaction instructions when providing electronic financial transaction services. It will not use such information and will immediately destroy it upon request for disposal, preventing any further use.

2. Users may not lend, delegate the use of, transfer, or provide access devices for collateral purposes to third parties.

3. Users must take sufficient precautions to prevent the leakage, exposure, or abandonment of their access devices and to prevent misuse, forgery, or alteration of access devices.

If the Company receives notification of loss or theft of access devices from the user, the Company is responsible for compensating the user for any losses incurred by the use of the access device by a third party. Please be cautious about leakage.

Article 13 (Confirmation of Transaction Details)

1. The Company shall provide users with a method to confirm their transaction details (including requests for error correction and results of processing) electronically as agreed upon in advance. If requested by the user, the Company shall provide written documentation regarding the transaction details within 2 weeks from the date of the request.

2. The Company shall retain records of the transaction details, including the name or number of the transaction account, type and amount of transaction, information identifying the transaction counterparty, transaction date, type of electronic device, and access records related to the electronic financial transaction for 5 years. For transactions with a per-transaction amount of less than 10,000 KRW, records shall be retained for 1 year. Records related to transaction approval for electronic payment methods and requests for error correction and results shall be retained for 1 year.

3. If a user wishes to request written documentation as mentioned in paragraph 1, they may do so by contacting the following address and telephone number
– Address: KG Inicis Co., Ltd., 14th and 15th Floor, KG Tower, 92 Tongil-ro, Jung-gu, Seoul, 04517, Republic of Korea
– Email address: sm@kggroup.co.kr
– Phone number: 1588-4954

Article 14 (Correction of Errors, etc.)

1. If a user finds an error while using the electronic financial transaction service, they may request the Company to correct it.

2. When the Company receives a request for the correction of errors as per the preceding clause, it shall promptly investigate and process it. The Company shall inform the user of the results within 2 weeks from the date of receiving the correction request.

3. If a user finds an error while using the electronic financial transaction service, they may request the Company to correct it.

4. When the Company receives a request for the correction of errors as per the preceding clause, it shall promptly investigate and process it. The Company shall inform the user of the results within 2 weeks from the date of receiving the correction request.

Article 15 (Company's Liability)

1. The Company shall be liable for compensation if the user incurs damages due to any of the following reasons

– Accidents caused by forgery or alteration of access devices

– Accidents occurring during the electronic transmission or processing of contract conclusion or transaction instructions

Accidents caused by intrusion into electronic devices for electronic financial transactions or information communication networks and the unauthorized use of access devices obtained through falsehoods or other improper means

2. Notwithstanding the provisions of the preceding paragraph, the user shall bear all or part of the liability for accidents caused by the following reasons

– Excluding small businesses defined in Article 2, Paragraph 2 of the Small and Medium Enterprise Basic Act, if damages occur to the user, a corporation, and the Company has exercised due diligence reasonably required, such as establishing security procedures to prevent accidents and strictly adhering to them.

– If the user violates Article 12 by lending, delegating, transferring, or providing access devices for collateral purposes to third parties.

– If a third party knew or could have known that the user's access device could be used for electronic financial transactions without authorization, yet the user disclosed, exposed, or abandoned their access device.

– If, despite the Company's request for additional security measures for electronic financial transactions beyond those required for verification under Article 13, the user unreasonably refuses and intrudes into the Company's information communication network, causing accidents through falsehoods or other improper means.

– If the user engages in any of the following acts regarding the access device used for additional security measures under item 3 above and intrudes into the Company's information communication network, causing accidents through falsehoods or other improper means

a. Leakage or abandonment

b. Leasing to or delegating its use to a third party or providing it for transfer or collateral purposes.

Article 16 (Effectiveness of Electronic Payment Transaction Contracts)

1. The Company acts as an agent for the payment process in the case of the user's transaction instructions related to electronic payment transactions and transmits the transaction details to facilitate payment.

2. If a payment transaction is not executed according to the user's instructions, the Company must return the received funds to the user.

Article 17 (Withdrawal of Transaction Instructions)

1. The user may withdraw transaction instructions regarding electronic payment transactions until the effectiveness of payment is established.

2. The effectiveness of payment refers to the following reasons

– For electronic fund transfers, when the information of the transaction amount instructed has been recorded in the ledger of the financial institution where the recipient's account is opened.

– For other electronic payment methods, when the information of the instructed transaction amount has been input into the electronic device of the financial institution where the recipient's account is opened.

3. Once the payment becomes effective, the user may request a refund of the payment amount in accordance with the methods of withdrawal of subscription prescribed in consumer protection laws for electronic commerce or as stipulated in Article 5 of these terms and conditions.

Article 18 (Limits, etc.)

The user's monthly cumulative payment amount and payment limit per payment method may be restricted according to the Company's policies and the standards of payment service providers (mobile carriers, card companies, etc.).

Article 19 (Generation and Retention of Electronic Payment Proxy Service Usage Records)

1. The company shall generate and retain records that enable users to trace, search, or correct the contents of electronic financial transactions or correct them in case of errors.

2. The types and methods of retention of records that the company must retain pursuant to the preceding paragraph shall be as specified in Article 13.

Article 20 (Dispute Resolution and Mediation)

In providing electronic financial transaction services, the Company shall not provide or disclose to third parties, or use for purposes other than business purposes, the information or data obtained from users regarding personal information, user accounts, access devices, or the content and performance of electronic financial transactions without the user's consent. However, this shall not apply where otherwise provided for by law, such as the provision under Article 4, Paragraph 1, Subparagraph of the Act on Real-Name Financial Transactions and Confidentiality, and by other relevant laws.

Article 21 (Prohibition on Provision of Electronic Financial Transaction Information)

1. Users may demand dispute resolution, such as expressing opinions, complaints, or claims for damages, related to the use of electronic financial transaction services from the following dispute resolution officer and staff
– Person in charge: RM Team
– Contact (phone number, FAX): 3430-5847, 3430-5889
– E-mail : inirm@kggroup.co.kr

2. If a user applies for dispute resolution against the company, the company shall inform the user of the investigation or processing results within 15 days.

3. Users may apply for dispute resolution related to the company's electronic financial transaction services to the Financial Dispute Mediation Committee under Article 51 of the Act on the Establishment, etc., of the Financial Supervisory Authority, or to the Consumer Protection Agency under Article 31, Paragraph 1 of the Consumer Protection Act.

Article 22 (Company's Obligation to Ensure Stability)

The company shall comply with the standards set by the Financial Supervisory Commission regarding the personnel, facilities, electronic devices, etc., for information technology and electronic financial business necessary for electronic transmission and processing by type of electronic financial transaction, to ensure the safety and reliability of electronic financial transactions.

Article 23(Supplementary Rules and Jurisdiction)

1. Matters not specified in these Terms and Conditions shall be governed by the Electronic Financial Transactions Act, the Act on Consumer Protection in Electronic Commerce, the Act on Regulation of the Terms and Conditions, etc., in the Sale and Supply of Goods, the Specialized Credit Financial Business Act, and other consumer protection-related laws.

2. Jurisdiction over disputes between the company and users shall be governed by the Civil Procedure Act.

Supplementary Provisions (April 15, 2024)

– Initial Effective Date: April 15, 2024
– Announcement Date of Amendments: April 15, 2024
– Effective Date of Amendments: April 15, 2024