Vehicle Matching Service Terms of Use (SWING TAXI)

Vehicle Matching Service Terms of Use

Article 1 (Purpose)

The purpose of these Terms and Conditions is to stipulate matters concerning the rights, obligations, and responsibilities between the Company and the Member in connection with the use of the vehicle matching service provided by the Company.

Article 2 (Definition of Terms)

①The terms used in this Agreement are defined as follows.

1. "Company" refers to THE SWING, Inc.

2. "Member" means a person who has completed normal membership in accordance with the Company's Terms of Service.

3. "Service" means the SWING service provided by the Company through the application.

4. "Vehicle matching service" refers to an matching service that connects members and vehicle suppliers so that members can compare and reserve the desired vehicle and fare through the service, and use the vehicle from the starting point specified by the member to the destination set by the member.

5. "Vehicle Provider" means a person who provides a vehicle to a Member through the Vehicle Matching Service.

6. "Driver" means a driver who drives a vehicle when a member receives a vehicle from a vehicle supplier through the vehicle matching service.

7. "User" means a person who actually uses a vehicle provided by a vehicle supplier through the vehicle matching service.

The meaning of terms in these Terms that are not defined in this Article shall be in accordance with the Terms of Service, individual terms, and general trade practices.

Article 3 (Interpretation of Terms)

① Matters not specified in these Terms shall be governed by the Terms of Service, individual terms and conditions, and other relevant laws and regulations.
② These Terms shall take precedence over the Terms of Service and individual terms and conditions for the use of the Vehicle Matching Service.

Article 4 (Contents of Vehicle Matching Service)

① The vehicle matching service provided by the Company includes the following items.

1. a service that allows users to enter into a contract for the use of a vehicle supplied by a vehicle supplier.

2. advertising and information services to help vehicle suppliers attract users
② The Company may provide other additional services in addition to the above services.

Article 5 (Precautions when using the Vehicle Matching Service)

① When a member wants to use the Vehicle Matching Service, the Company may select an appropriate method to verify the member's identity or authenticate the member's identity.
② If another person performs the authentication procedure in the member's name due to the member's negligence, or if the member steals the name of another person to perform the authentication, the company shall not be liable for any disadvantages or other damages arising therefrom.

Article 6 (Conclusion of Vehicle Use Contract)

① Members may make a reservation application for vehicle use by entering information such as origin, destination, and reservation date.

② If a vehicle supplier participates in bidding by entering vehicle type, fare, driver information, etc. in response to the reservation application in Paragraph 1, a vehicle use contract is concluded between the member and the vehicle supplier when the member checks the bidding contents, selects a specific bid, and pays the fee.
③ The member shall use the vehicle provided by the vehicle supplier in accordance with the vehicle use contract. The member shall indemnify the company for any problems caused by the member's violation of the vehicle use contract and resolve them directly with the vehicle supplier.

Article 7 (Restrictions on Service Use)

① The Company may restrict the Member's use of the Vehicle Matching Service in any of the following cases until the reason is resolved.
1. Failure to complete the authentication procedures prescribed by the Company, such as SMS authentication and mobile device identification information authentication.
2. applying by omitting or misrepresenting registration information
3. applying falsely, such as using another person's name or performing SMS authentication, universal public authentication, or credit card authentication without the permission of the mobile phone owner.
4. If the user applies for reuse within 3 months from the date the service use contract is terminated by the company.
5. If there is a fact that the member has lost membership, but this shall not apply if one year has passed since the date of loss of membership and the member has obtained the company's consent to rejoin.
6. If a member who has received a suspension of membership from the company voluntarily terminates the use contract during the period of the suspension and applies for reuse.
7. If the application is made for the purpose of interfering with or hindering the well-being of society or public order and morals.
8. If the application requirements set by the Company are not satisfied, or if it is confirmed that the application is illegal or unreasonable, or if the Company cannot accept the application due to reasons responsible for the member.
9. If a child under the age of 14 applies to use the service
10. in case of violation of the vehicle use contract and failure to make appropriate compensation to the vehicle supplier
11. in case of violation of these Terms and Conditions
② If the Company restricts a Member's use of the Vehicle Matching Service pursuant to Paragraph 1, the Company shall notify the Member electronically. In response, the Member may file an appeal within one week, and if the Company recognizes that the appeal is justified, the Company will not take the previously notified restriction on the Member. Even if the Company has taken measures to restrict the use of the service, if the reason for the restriction is resolved, the Company may take measures to allow the Member to use the vehicle matching service normally.
③ In order to improve the quality of the vehicle matching service and other necessary matters, the Company may divide the members into grades and make a difference in the use of the service by subdividing the use time, number of uses, service menu, and other necessary matters.

Article 8 (Usage Fee)

① The Company may charge fees for some specific functions of the Vehicle Matching Service according to the Company's policy, such as the number of uses, period of use, etc.
② The Member shall register the payment method required by the Company in advance to pay the usage fee, and various monetary payments such as usage fees can only be paid through the payment method provided by the Company.
The vehicle use contract shall be established only when the member pays the determined fee, and the company shall not bear any responsibility even if the member does not pay the fee on time and incurs disadvantages such as the cancellation of the distribution.  
③ Various monetary amounts such as "customer penalty" owed by the Member to the Company may be automatically paid through the registered payment method after prior notice.

Article 9 (Customer Compensation and Customer Penalty)

① In the event of a reservation cancellation, service mistake, service default, etc. by the vehicle supplier, the member may receive "customer compensation" from the vehicle supplier. In this case, the Company may first pay the "customer compensation" to the member from its own resources and then receive compensation from the vehicle supplier.

② If the Member reserves a vehicle and then cancels without prior notice or fails to show up on time, the Member shall pay a "customer penalty" to the vehicle supplier. At this time, the Company will deduct the "customer penalty" from the fare to be returned to the Member and return it to the Member.

③ The specific level of "Customer Reward" and "Customer Penalty", the reasons for them, and the service fee will be announced on the Service. The Company may change the above contents from time to time at its own discretion and will notify the Member in advance when making changes.

Article 10 (Obligations of Members)

① Members shall comply with the relevant laws and regulations, the provisions of these Terms and Conditions, the precautions announced in the user guide and service, and the matters notified by the Company, and shall not engage in any other acts that interfere with the business of the Company.

② The member shall be responsible for compensating for all property damage inside the vehicle or human and material losses caused to the driver and third parties due to reasons for which the member is responsible during the period of use of the vehicle.

③ Members and users are obligated to maintain cleanliness in the vehicle for the convenience and safety of themselves and other members, and to comply with statutory obligations, etc.

④ Members shall not engage in any of the following acts against the vehicle supplier.

1. riding as a patient with a statutory infectious disease or with a patient with a statutory infectious disease

2. requesting acts that violate relevant laws and regulations

3. violate the terms and conditions of the agreement with the company

4. requesting the transportation of cargo specified in the Cargo Vehicle Hire Business Act

5. requesting transportation of dangerous goods such as explosive, corrosive, flammable, etc.

6. corpses and animals (animals that may cause harm or offense to the operator or the next passenger. However, pets in crates and guide dogs for the blind certified by an authorized organization are excluded).

7. requesting the transportation of items that cause obstacles to the transportation of passengers due to uncleanliness, odor, etc.

8. requesting the transportation of other items that may cause safety hazards or damage to the vehicle.

9. If the crisis alert level of a Class 1 infectious disease based on the Act on the Prevention and Control of Infectious Diseases is at the "severe" stage, the passenger is requested to wear a mask and does not comply.

④ In the event of a dispute between the member and the vehicle supplier, the member shall endeavor to resolve the dispute in good faith, and the member shall be responsible for any damages caused to the company due to the member's insincerity in resolving the dispute. 

Article 11 (Insurance Processing)

The member shall become an authorized insured of the liability insurance and automobile comprehensive insurance insured by the vehicle supplier in accordance with the Automobile Damage Compensation Guarantee Act and may receive compensation as follows.

1. In the event of an accident, the Company shall request personal information (name, date of birth, phone number) from the Member and forward this information to the vehicle supplier so that the insurance company can process the accident and compensate for damages.

2. In the event of an accident during the use of a vehicle, the Company, the vehicle supplier, the driver, and the Member shall endeavor to resolve the accident, and if the Company causes damage to the other party due to negligence in cooperation, the Company shall be responsible for compensating the damage according to the reason.

3. If the personal information of the user provided by the member is found to be false, the member may not be able to receive accident handling or damages from the insurance company.

4. Vehicle suppliers and drivers shall bear all civil and criminal damages for vehicle accidents at their own risk and for all damages incurred by the member in addition to the accident (such as flight, accommodation, business failure, contract termination, etc.). The Company shall not bear any civil or criminal penalties or damages in any case. 

Article 12 (Disclaimer)

① The Company is a business operator that operates a "platform" that matches transportation services between members and vehicle suppliers.  The Company does not represent the transaction parties, including members and vehicle suppliers, and any liability arising from transportation services between the transaction parties, including members, shall be governed by contracts such as transportation terms and conditions concluded individually between the transaction parties, and the Company shall not be liable for them.

② The Company does not preferentially recommend or present a specific vehicle supplier or a specific type of vehicle to the Member and does not guarantee any results of the Member's selection.

③ If the Company is unable to provide the Service due to changes in relevant laws, natural disasters, DDOS attacks, IDC failures, line failures of long-term telecommunications providers, or similar force majeure, the Company shall not be responsible for providing the Vehicle Matching Service.

④ The Company shall not be liable for any failure to use the Vehicle Matching Service due to reasons attributable to the Member.

⑤ The Company shall not be responsible for the accuracy, reliability, etc. of the data generated or obtained by the Member through the Vehicle Matching Service, if any, unless there is intentional or gross negligence.

The Company shall not intervene in any disputes between members or between members and third parties 

Article 13 (Compensation for Damages)

Except as otherwise provided in these Terms, the party that violates these Terms shall compensate the other party for damages incurred.

Article 14 (Modification and Termination of Vehicle Matching Service)

① The Company may change the contents of the Vehicle Matching Service or discontinue some services based on changes in technical specifications or business policy judgment, and in this case, the Company shall specify the contents and date and notify it through the service screen provided by the Company to the vehicle supplier 7 days in advance. However, if there are unavoidable conditions or circumstances that the Company cannot reasonably predict, the Company may shorten the above notification period or notify after the change.

② f the Company terminates the vehicle matching service, the Company may terminate the vehicle matching service by giving one month's notice prior to termination. In this case, the Company shall refund or pay any unused fees for the Vehicle Matching Service paid by the Member.

Addendum 

(Effective Date) These Terms shall be effective from November 11, 2023.