Terms and Conditions for Use of DJmall The Terms and Conditions in this Agreement constitute execution of an agreement for use of the Daejin Semiconductor Inc. Online Shopping Mall (the “DJmall”) between Daejin Semiconductor Inc. (the “Company”) and you as the user (the “User”) who buys products through the DJmall. Any transaction executed through the DJmall is governed by the applicable laws of the Republic of Korea (“Korea”) and any statement herein regarding time, period and place is based on the time, period and place of Korea. Article 1. Purpose The purpose of the Terms and Conditions is to set forth the rights, obligations and responsibilities between the Company and the User using the DJmall. Article 2. Disclosure, Effect and Amendment of the Terms and Conditions 1. The Terms and Conditions, the name, location, name of representative, business registration number and contact number (phone number, fax number and e-mail address) of the Company are posted on the homepage of the DJmall. 2. The Company may amend the Terms and Conditions to the extent permitted under the Regulation of Standardized Contracts Act, the Framework Act on Electronic Commerce, the Digital Signature Act, the Consumer Protection in Electronic Commerce Transactions and any other relevant laws. 3. The terms and conditions that are not mentioned or disclosed in this Agreement shall be governed by the Act on Consumer Protection in Electronic Commerce Transactions and other relative laws and regulations and general commercial practices. 4. In the event of amendment of the Terms and Conditions, the effective date and the reasons for amendment will be posted on the homepage of the DJmall board, together with the current Terms and Conditions, at least 1day before the effective date. 5. The User is responsible for monitoring such amendment and checking for any notice posted. Article 3. Definitions 1. “DJmall” means the virtual shopping mall that provides free transaction of semiconductor and relevant products to the Users through telecommunication apparatus. 2. The terms used herein shall have the following meaning: 1) Member: means an individual, corporate or similar entity who has registered its personal information with the DJmall to join as a member of the DJmall. 2) ID: means the English letters or combination of English letters and numbers chosen and registered with the Company by a member to verify his/her identity and use of the DJmall. 3) Password: means combination of English letters and numbers chosen and registered with the Company by a member to verify his/her identity and protect his/her rights, interests and confidential information. 4) Host: means the person appointed by the Company to be responsible for overall management and smooth operation of the DJmall. 3. The meaning of the words within this Agreement that is not defined in the Article 2 shall be defined in accordance with the regular business custom. Article 4. Contents and Modification of the Service 1. The contents that the DJmall provides are as follows: 1) The information about semiconductor and relevant products and processing the purchase order agreement 2) Delivery of the product whose purchase order agreement is already concluded 3) Other operations that the DJmall chooses. 2. In the event of required modification of the DJmall, the DJmall may modify its service contents. 3. In the event of modification of the DJmall contents pursuant to the above Clause 2, the Company is not responsible for any liabilities to the Users that may arise from modification of the DJmall. Article 5. Suspension of the Service 1. The DJmall may temporarily suspend its service in the event of repair, inspection, replacement and malfunction of computers, interruption of communication and other information and communication facilities. 2. In the event of suspension of the service, the Company will announce temporary suspension of the service to the Users. Except for a case where the Company is not responsible for temporal suspension, the Company will be liable for the damages arose from not providing the proper temporal suspension notice. Article 6. Member Registration 1. The Users join member registration upon entering personal information after agreeing with the Terms and Conditions in this Agreement provided by the Company. 2. Member registration is only limited to an individual or operator (private company/corporation) who is older than 20 years old, and a member applicant must enter legitimate information. If the applicant uses incorrect information other than his/her own, such act may cause restriction in use of the service or penalty in accordance with the relevant laws and regulations. 3. Applications are handled in the order filed. Admission to membership is effective at the time the approval from the Company is received by the member. 4. The Company may withhold its approval of an application in the following cases, among others: 1) Name does not match with the original applicant upon confirmation in process of the real-name check system. 2) Applicant’s name and social security number (or business registration number) are identical with the pre-registered application. 3) An applicant reapplies within one month from the Company’s termination of the Agreement. 4) A member whose account has been withheld re-registers during the term of resolution after termination of the Agreement. 5) At the Company’s reasonable discretion, the Company confirms that such registration is not appropriate pursuant to the Terms and Conditions in this Agreement or relevant laws and regulations. Article 7. Change and Protection of Personal Information 1. Members must not provide incorrect information upon registration. In the even of change in any matter stated at the time of application, members must immediately update his or her information, except for the name, ID, social security number unless required by the court order. 2. Any damages caused by the failure to update personal information shall be borne by the relevant member, and the Company shall not be held liable for such damages. 3. The Company will not use the members’ information for any purpose other than the provision of the DJmall nor disclose such information to a third party without the relevant members’ consent. Article 8. Management of ID and Password 1. Members are responsible for managing his/her own ID and password. Members at all time are not allowed to rent, disclose or transfer his/her ID or password to anyone. 2. The Company will not be liable for any damages caused by lease, disclose or transfer of their ID or password, and members shall be responsible for such damages. 3. Members shall immediately notify the DJmall host if members find out his/her ID or password is stolen or used by a third party. The Company will use its best efforts to solve such matter as soon as possible. Article 9. Termination of the Agreement 1. A member may request termination of the Agreement at any time, and the Company shall accept such termination at once. 2. The Company may terminate the Agreement in the event of occurrence or verification of the followings: 1) In the event of member’s violation of the Terms and Conditions of this Agreement 2) In the event of registering incorrect information upon joining member registration 3) In the event of violation of the Consumer Protection in Electronic Commerce Transactions, such as interrupting other members’ usage or using other members’ personal information for any reason 4) In the event of failure to pay what members owe to the Company by due date for the products purchased through the DJmall 5) In the event of circumstances in which the Company finds it unnecessary, in its judgment, to maintain the User’s rights, obligations and responsibilities as a member 3. In respect of the Agreement termination of members in accordance with the above Clause 2, the Company may refuse member’s reapplication. Article 10. Notification 1. In the event of notification to members, the Company will send such notification to the e-mail addresses that have been used upon joining member registration. 2. Matters that need to be notified to both members and non-members will be posted on the DJmall board, and such notification will not be sent individually. Article 11. Requesting the Purchase Order and Entering the Contract 1. Members request the purchase order in accordance with the Purchase Order Request System, including name, address, phone number, e-mail address, purchased products and method for the payment. 2. The purchase order request shall be deemed accepted unless as follows: 1) In case of omission and entering incorrect information upon requesting the purchase order 2) In case of demanding method for the payment that is not offered by the Company 3) The Company, in its sole discretion, considers that the acceptance of such purchase order causes great deal of problems in technology or in operation. 3. Upon the acceptance of the purchase order by the Company, the contract shall be deemed concluded. Article 12. The Payment 1. The Company will provide methods for the payment of the purchase order by one of the followings: account transfer, credit card, or on-line remittance without bank book. 2. In case of the purchase order abroad, the buyer must use an authorized credit card that the Company offers for the payment. 3. The Company may cancel the transaction if the payment of the purchase order is not paid within 5 business days after the order. Article 13. Delivery 1. The initial delivery day shall be the day following the day on which the product is forwarded to the delivery service. 1) Regular home-delivery (excluding order date and holidays): Seoul/Gyeonggi 3~5days, other regions 3~8days 2) Postal service: Seoul/Gyeonggi 3~5days 2. During public holidays and weekends, there will be no delivery, and any other days during which delivery is impracticable due to a force majeure event may cause delay in the delivery. 3. The buyers both within and outside of Korea shall be responsible for any delivery fee that may arise. But the products bought over 300,000 won will be delivered free of charge. Article 14. Cancellation and Refund 1. The buyer may cancel the purchase order before the product is shipped, and if the product is in the process of being delivered, transaction shall be handled pursuant to the Article 15 of products return. 2. If the product is on standby for delivery after the payment, the buyer may cancel the order at any time except for the particular circumstances. 3. If credit card has been used for the payment, the payment shall immediately be refunded as soon as the cancellation process is completed. If cash has been used for the payment, the payment shall be refunded in 5 business days via direct account transfer or others. Article 15. Return and Exchange 1. The buyer may demand a return of the product within three days after the receipt of the delivery. 2. The cost for the return delivery shall be borne by the liable party. 3. The payment of refund upon return of the product shall be completed within 5 days after the Company has received the product from the buyer. 4. The Company shall refund, return and exchange in accordance with the buyer’s demand in the following cases. Such transaction shall be processed within 10 days after the delivery. 1) Delivered product does not match with the purchase order. 2) Delivered product is lost or damaged due to the Company’s error. 3) Delivery is considerably delayed than what has been scheduled. 4) Otherwise, legitimate reasons are submitted to the Company for the demand by the buyer. Article 16. Guidelines for Protection of Personal Information Daejin Semiconductor Inc. respects our members’ personal information, and complying with the relevant laws and regulations, we let our members be aware of the Guidelines for Protection of Personal Information to help our members in using the DJmall properly. In the event of any changes in the Guidelines for Protection of Personal Information, we will post a notice on the DJmall board regarding such modification. 1. In using the DJmall, personal information is required and others are optional to process the purchase order contract. - member’s name, social security number, address, phone number, e-mail address, ID, password, credit card information, bank account information, etc. 2. We collect personal information to verify the identity of our customers and confirm his or her intent to use our service and help smooth transaction, product delivery, confirmation and payment. 3. We do not use personal information for any purpose and do not disclose or provide such information to any third party without the consent of the member other than for the purpose of delivery, statistics, audit and examination. 4. A member can any time access and correct his/her registered personal information, and the Company shall have obligations to perform any supports necessary. 5. We will retain and use such information from the beginning of member’s joining and until the termination of the Agreement. Nevertheless, the following personal information shall be maintained for the specified time period. 1) Records regarding withdrawal of the agreement or subscription: 5 years 2) Records regarding the payment settlement and supply of goods: 5 years 3) Records regarding processing customer disputes and complaints: 3 years Article 17. Overseas Delivery Service 1. The Company provides the service in accordance with the overseas delivery procedure of the products whose trade contract is already signed through the overseas delivery network that has business connection with the Company. Overseas delivery is divided into as follows: 1) A domestic delivery phase: until the buyer’s product is delivered to a logistics center of a third party in business cooperation with the Company 2) An overseas delivery phase: until the product is delivered to the recipient through the overseas delivery network 2. For overseas delivery, the buyer’s order may be cancelled depending on the status of the delivery request. Return requested due to change of mind during delivery is limited to the phase of domestic delivery. Once the product has completed the domestic delivery phase and entered the overseas delivery phase, a return is not permitted unless the Company approves return or exchange due to an original defect in the delivered product. 3. A buyer requesting the Company’s approval on return or exchange must approve the original product defect or other grounds for return or exchange by submitting to the Company objective evidence. The costs and expenses for the delivery in connection with the return or exchange shall be paid by the Company once objective evidence has been approved. 4. The buyer who has received an approval to return or exchange of the product from the Company shall contact the DJmall customer center before the return of the product, including documents to verify costs and expenses for the delivery. 5. If the estimated cost of the delivery paid at purchase is greater than the actual delivery cost, the difference will be refunded to the buyer. 6. If the estimated cost of the delivery paid at purchase is less than the actual delivery cost, the buyer must make an additional payment to complete the delivery. If the difference is not paid within 3 months despite of continuous notice, the product may become the Company’s own property. 7. In the event of using overseas delivery service, the recipient is liable for all customs, taxes, duties and other cost imposes by the country to which the delivery is made. Article 18. Conflicts and Resolution 1. The User shall submit any opinions or concerns regarding the use of the DJmall via e-mail, and the Company shall prioritize in solving such problems. Despite of the foresaid, if the Company is not in a situation to solve such problems promptly, the Company shall notify the User the reasons and estimated resolution period. 2. Legal proceedings concerning the Framework Act on Electronic Commerce arisen between the Company and the Users shall be governed by and construed in accordance with the law of competent court of the Civil Proceedings Act. * Copyrights of this Agreement belong to Daejin Semiconductor Inc., and members shall not copy, modify, distribute or transfer such copyrights that are not authorized.
Guidelines for Protection of Personal Information Daejin Semiconductor Inc. respects our members’ personal information, and complying with the relevant laws and regulations, we let our members be aware of the Guidelines for Protection of Personal Information to help our members in using the DJmall properly. In the event of any changes in the Guidelines for Protection of Personal Information, we will post a notice on the DJmall board regarding such modification. 1. Collected Personal Information and Collecting Method In using the DJmall, personal information is required and others are optional to process the purchase order contract. - Collecting personal information: member’s name, social security number, address, phone number, e-mail address, ID, password, credit card information, bank account information, etc. - Collecting method: registering to join membership at the homepage 2. Collecting and Purpose of Personal Information Usage We do not use personal information for any purpose and do not disclose or provide such information to any third party without the consent of the member. - Contractual obligations of the DJmall and the process of the payment: providing contents for smooth transaction, confirming his/her intent to use our service, purchasing, delivering and confirming products and processing payment transaction - Managing members: verifying the identity of our customers, preventing unauthorized use, solving customers’ complaints, and delivering notices - Usage in marketing and promotion: statistics and examinations regarding members’ service use, such as sending advertising information, counting homepage access frequency, etc. 3. Possession of Personal Information and Period of the Usage The Company shall retain and use such information from the beginning of the joining and until the termination of the Agreement. Nevertheless, the following personal information shall be maintained for the specified time period. - Records regarding withdrawal of the agreement or subscription: 5 years - Records regarding the payment settlement and supply of goods: 5 years - Records regarding processing customer disputes and complaints: 3 years