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SWING 약관/[SWING] 택시 약관

i.M ServicLocation-Based Service Terms and Conditions

Article 1 (Purpose)

This agreement aims to regulate the rights, obligations, and responsibilities of the Company and the Member (hereinafter referred to as the "Member"), who agrees to the Jin Mobility i.M Service Agreement, provided by Jin Mobility Co., Ltd. (hereinafter referred to as the "Company"), in the use of the location-based service (hereinafter referred to as the "Service").

 

Article 2 (Specification, Effectiveness, and Amendment of the Agreement)

  1. This agreement takes effect when a Member who has applied for the Service or an individual location information subject agrees to this agreement and is registered as a user of the Service according to the Company's prescribed procedures.
  2. The Company shall post the contents of this agreement on the initial screen of the Service or notify it through other means to ensure that Members can easily understand it.
  3. If a Member clicks the "Agree" button for this agreement online, it is deemed that they have read and fully understood all the contents of this agreement and agreed to its application.
  4. The Company may amend this agreement within the scope not violating relevant laws, including the "Act on the Protection and Use of Location Information," the "Content Industry Promotion Act," the "Act on Consumer Protection in Electronic Commerce," the "Consumer Basic Act," and the "Act on Regulation of Terms and Conditions."
  5. If deemed necessary, the Company may revise this agreement. In the event of a revision, the Company shall provide notice of the amendment, the reason for the amendment, and the effective date of the revised agreement along with the existing agreement on the Service homepage from seven days before the effective date of the revision for a significant period thereafter. However, if the revised content is disadvantageous to the Member, the Company shall provide notification via electronic means (e-mail, SMS, etc.) or post it on the Service homepage from 30 days before the effective date of the revision.
  6. Even if the Company provides notice or notification to Members in accordance with the preceding clause and clearly indicates that if they do not express their refusal by the date of notification or notification, they will be deemed to have agreed to the revised agreement, if there is no expression of refusal, it is deemed that the Member has agreed to the revised agreement. If a Member does not agree to the revised agreement, they may terminate the service agreement.

Article 3 (Supplementary Rules)

For matters not specified in this Agreement, the provisions of the Act on the Protection and Use of Location Information (hereinafter referred to as the "Location Information Act"), the Telecommunications Business Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection (hereinafter referred to as the "Information and Communications Network Act"), the Personal Information Protection Act, and other related laws, or the operational policies and rules established by the Company (hereinafter referred to as "Detailed Guidelines") shall apply. Matters related to the standards for handling and protecting personal information are disclosed through the Privacy Policy.

 

Article 4 (Service Registration)

  1. Those eligible to register for the Service are the owners of mobile phones or other devices (hereinafter referred to as "Devices") capable of using location-based services.
  2. The effectiveness of service registration occurs when a Member agrees to the terms and conditions stipulated by the Company and is approved by the Company.
  3. The Company may refuse an applicant's registration in the following cases:
  1. When the applicant omits or incorrectly fills out registration information.
  2. When the applicant fails to meet other requirements specified by the Company.
  3. When the applicant applies to hinder public order or morals or for such purposes.

Article 5 (Termination of Service)

If a Member wishes to terminate the use of the Service, the Member may apply for service termination through the prescribed procedures announced by the Company (such as through the Service homepage), and the Company shall promptly process it in accordance with the law.

 

Article 6 (Contents of the Service)

Article 6 (Contents of the Service)

  1. The Service is available 24 hours a day, 365 days a year. However, the Service may be temporarily suspended for business or technical reasons of the Company, and the Service may be temporarily suspended even during the period designated by the Company for operational purposes. In such cases, the Company will notify in advance or after the fact.
  2. The services provided by the Company include:

    1) Service Purpose: Location sharing service

• Search for departure and arrival locations and provide boarding locations based on location

• Nearby search and navigation based on location

 

2. Service Content: Providing taxi and substitute services based on the member's location in accordance with the Service Terms of Use by entering into contracts with other members as stipulated in the Service Terms of Use.

  1. Location information may have errors due to advancements in related technologies.

Article 7 (Service Usage Fees)

  1. The services provided by the Company are generally free of charge. However, separate fees may apply to certain paid services, and communication fees such as data communication charges may be incurred during the service usage process.
  2. The Company may charge fees for paid services through the electronic payment methods prescribed by the Company's contracted electronic payment service provider or by combining them into invoices prepared by the Company.
  3. Cancellation and refund of payments made through paid services are subject to the Company's payment usage agreement and relevant laws.
  4. Requests for refunds due to identity theft or payment fraud by Members, or requests for personal information from payment recipients, may be rejected except as provided by law.
  5. Data communication charges incurred during wireless service usage are separate and are subject to the policies of the mobile telecommunications service provider to which the Member is subscribed.
  6. Charges for posting content via MMS, etc., are subject to the policies of the mobile telecommunications service provider to which the Member is subscribed.

Article 8 (Restriction and Suspension of Service Usage)

The Company may restrict, suspend, or terminate a Member's service usage or service agreement without prior notice if the Member falls under any of the following:

  1. When the Member signs up for the service using another person's name or information.
  2. When the Member obstructs another person's service usage or misappropriates another person's personal information.
  3. When the Member engages in acts contrary to laws, public order, or morals using the service.
  4. When the Member causes harm to the Company or a third party through the service.
  5. When the Member intentionally or negligently disrupts the operation of the service.

Article 9 (Change and Suspension of Service)

  1. The Company may restrict, change, or suspend all or part of the Service in the following cases:
    1. Inevitable cases such as equipment inspections, maintenance, or construction for the service.
    2. Cases where there is an obstacle to normal service usage due to power outages, equipment failures, or excessive usage.
    3. When a period telecommunications service provider designated by the Telecommunications Business Act suspends the telecommunications service.
    4. In cases where the Company is unable to maintain the service due to major reasons such as termination of a service partnership, general circumstances of the Company, or legal obstacles.
    5. In cases of force majeure such as natural disasters or national emergencies.
    1.  
  2. In the event of restriction, change, or suspension of the service under paragraph 1, the Company shall notify the Members of the reasons, restriction period, etc., on the Internet
 

Article 10 (Notification of Changes in Service Content)

  1. In case the Company changes or terminates the service content, the Company may notify the Members of the changes in service content or termination through electronic means (such as email, SMS, etc.).
  2. In the case of notifying an unspecified number of persons, the Company may notify the Members through the service homepage or other announcement pages of the Company. However, matters that significantly affect Members' transactions shall be notified individually to Members for a reasonable period through the service homepage or through electronic means (such as email, SMS, etc.).

Article 11 ( Protection of Member's Personal Location Information)

The Company strives to protect Members' personal location information in accordance with relevant laws and regulations.

Article 12 (Use or Provision of Personal Location Information)

  1. The Company may utilize Members' location information for the purpose of providing the service, and Members are considered to have consented to this by agreeing to these Terms and Conditions.
  2. The Company shall not utilize Members' provided personal location information for purposes other than providing the service without the Member's consent.
  3. The Company shall not provide Members' provided personal location information to third parties for purposes other than providing the service without the Member's consent. However, exceptions are made in the following cases:
    1. When required by law or when investigative agencies request in accordance with the procedures and methods prescribed by law for investigative purposes.
  4. When the Company provides a Member's personal location information to a third party for the purpose of providing the service, the Company shall notify the Member of the recipient, date, and purpose of the provision via the Member's designated email.
  5. The details and purposes of providing a Member's personal location information to a third party for the purpose of providing the service are as follows:
    1. Recipient - The Company and service Members
    2. Purpose of Provision - Confirmation of the current location of Members matched for the service usage
  6. However, in the following cases, the Company may notify the Member via the Member's designated mobile phone or email, upon prior request by the Member:
    1. When the communication device that collected personal location information does not have the function of receiving text, voice, or video.
    2. When the Member has requested in advance to be notified through online posting or other methods.

Article 13 (Retention of Confirmation Data for the Use of Provision of Personal Location Information)

  1. The Company shall retain records of the collection, use, and provision of location information for the purpose of billing settlement and complaint processing with other businesses or service Members, based on Article 16, Paragraph 2 of the Location Information Act, for a period of six months from the time of recording.
  2. In accordance with the provisions of Article 24, Paragraph 4 of the Location Information Act, the Company shall promptly destroy collected personal location information and confirmation data on the use or provision of location information when a Member withdraws their consent in whole or in part. However, if there is a need for retention under the provisions of the National Tax Basic Act, Corporate Tax Act, Value-Added Tax Act, or other relevant laws and regulati

Article 14 (Rights of Legal Representatives)

  1. The Company must obtain consent from both the user under the age of 14 and their legal representative for the provision of location-based services using personal location information and the provision of personal location information to third parties. In this case, the legal representative shall have all the rights of the user under Article 18 of these Terms and Conditions.
  2. If the Company intends to use personal location information or confirmation data on the use or provision of location information of a child under the age of 14 or to provide it to a third party beyond the scope specified or notified in the terms of service, consent must be obtained from both the user and their legal representative. However, the following cases are excluded:
    1. When location information usage and provision confirmation data are required for settlement of fees related to location information and location-based service provision.
    2. When providing anonymized data for statistical analysis, academic research, or market research, where specific individuals cannot be identified

Article 15 (Rights of Guardians of Children Under 8 Years Old)

  1. In cases where a person (hereinafter referred to as "guardian") who falls under the provisions of Article 26-2 of the Act on the Protection and Use of Location Information, which pertains to the protection and use of location information for children under 8 years old, consents to the use or provision of personal location information for the protection of the life or body of a child under 8 years old, it shall be deemed as consent from the guardian.
    1. Children under 8 years old.
    2. Trustees for minors.
    3. Persons with mental disabilities under Article 2, Paragraph 2, Clause 2 of the Disabled Welfare Act, who are considered severely disabled under Article 2, Paragraph 2, Clause 2 of the Act on the Promotion of Employment of Disabled Persons and Vocational Rehabilitation (Only those who have registered as disabled under the Disabled Welfare Act are eligible).
  2. Guardians who wish to consent to the use or provision of personal location information for the protection of the life or body of a child under 8 years old must submit a written consent form to the Company, attaching written proof of their status as a guardian.
  3. Guardians who consent to the use or provision of personal location information for children under 8 years old shall have all the rights of the user under Article 16 (Rights of Members) of these Terms and Conditions.
 

Article 16 (Retention Periond of Personal Location Information)제16조 (개인위치정보의 보유기간 및 이용기간)

The Company shall immediately destroy the personal location information when the purpose of collecting, using, or providing personal location information under Article 23 of the Location Information Act is achieved, except for the location information usage confirmation data that must be recorded and retained under Article 16(2) of the Location Information Act.

Article 17 (Company's Obligations)

  1. In the event of receiving complaints from members related to the service, the Company must promptly address them, and if prompt resolution is difficult, the reasons and processing schedule shall be notified to the member.
  2. The Company complies with laws related to the operation and maintenance of the service, including the "Act on the Protection and Use of Location Information," the "Act on Promotion of Information and Communications Network Utilization and Information Protection," the "Telecommunications Privacy Act," the "Telecommunications Business Act," and the "Personal Information Protection Act."
  3. The Company may utilize the personal information of members collected at the time of signing the service contract for the purpose of providing more active services to members, providing information on new products or events, conducting surveys, and other member-oriented marketing activities. However, if it exceeds the scope of the member's consent or intends to provide it to a third party, prior consent from the member must be obtained. In this case, the member may refuse the Company's request for consent.
  4. When providing personal location information to a third party designated by the member, the Company shall immediately notify the member of the recipient, the date of provision, and the purpose of provision to the communication terminal device through which the personal location information was collected. However, in the following cases, notification shall be made to the communication terminal device or email address specified by the member in advance:
    1. If the communication terminal device that collected personal location information does not have the function to receive text, voice, or video.
    2. If the member has requested in advance to be notified through online posting or other methods.

Article 18 (Member's Rights)

  1. Members have the right to partially or completely withdraw their consent to the use and provision of their personal location information by the Company through wired or wireless internet. In this case, the Company shall destroy the collected personal location information and location information usage and provision confirmation data.
  2. Members have the right to request temporary suspension of the use and provision of their personal location information by the Company through wired or wireless internet.
  3. Members may request the Company to provide access to or notify them of the following information or correct errors:
    1. Confirmation data on the collection, usage, and provision of location information.
    2. Reasons and contents of the provision of the member's personal location information to third parties under the provisions of the Location Information Act or other laws.
 

Article 19 (Member's Obligations)

  1. Members must pay the fees according to the terms of the service usage agreement by the specified deadline, and if the billing address and contact information provided to the Company are changed, they must notify the Company of such changes.
  2. When providing or registering the necessary information for using the service, members must provide complete and accurate information that matches the current facts, and they must promptly update any changes.
  3. Members must manage their terminal devices to maintain normal operation, and if the normal operation of a terminal device is disrupted, resulting in a hindrance to service provision, they must promptly repair or replace the device to ensure smooth service.
  4. Members must not engage in the following actions when using the service:
    1. Providing false information when applying for membership or updating information.
    2. Damaging the honor of others or causing harm.
    3. Distributing information, sentences, images, or sounds that violate public order and morals to others.
    4. Registering or distributing computer virus-infected data that causes malfunctions of service-related equipment or destruction and confusion of information.
    5. Impersonating others or falsely indicating relationships with others.
    6. Distributing false information for the purpose of benefiting oneself or others financially or causing harm to others.
    7. Unauthorized use or disclosure of personal location information acquired through the service.
    8. Engaging in other illegal or unfair actions.

Members must comply with relevant laws, regulations in these Terms and Conditions, cautionary notices provided in service guidance, and notifications from the Company. They must not engage in any actions that interfere with the Company's business operations.

Article 20 (Company's Address and Contact Information)

  1. The Company's trade name, address, telephone number, and other contact information are as follows:
    1. Trade Name: Jin Mobility Co., Ltd.
    2. Address: 7th Floor, 507, Teheran-ro, Gangnam-gu, Seoul, Republic of Korea
    3. Telephone Number: 1688-7722
  2. The Company has appointed a location information management officer who is in a position to take substantial responsibility for establishing and implementing technical and administrative measures to protect personal location information and handle complaints from individuals. The officer's name and contact information are as follows:
    1. Name: Kyeong-Ro Kim
    2. Position: Head of Business Division
    3. Representative Number: 1688-7722

Article 21 ( Prohibition of Transfer)

Members and the Company cannot transfer, delegate, or provide all or part of their status or rights and obligations under these Terms and Conditions to a third party for purposes such as disposal by way of transfer or pledge based on the membership's service subscription.

Article 22 (Indemnification)

  1. If a member violates the provisions of these Terms and Conditions due to intentional or negligent acts, and thereby causes damage to the Company, the member shall compensate the Company for all resulting damages.
  2. If the Company receives claims for damages or various objections, including lawsuits, from third parties other than the member due to illegal acts during the member's use of the service or violations of these terms due to the member's intentional or negligent acts, the member shall compensate the Company for any damages incurred thereby.
  3. If the Company violates the provisions of Articles 15 to 26 of the Location Information Act or if a member incurs damages due to the services provided by the Company, the member may claim compensation from the Company. In this case, the Company shall be liable for the member's damages unless it can prove the absence of intention or negligence.
 

Article 23 (Disclaimer)

  1. The Company shall not be liable for damages incurred by members in the following cases where it is unable to provide the service:
    1. In cases of force majeure or circumstances equivalent to force majeure.
    2. In cases where intentional service disruption by a third party with which the Company has entered into a service partnership agreement occurs.
    3. In cases where there is a hindrance to service usage due to the member's fault.
    4. In cases other than those specified in subparagraphs 1) to 3) where there is no intentional or negligent act by the Company.
  2. The Company does not guarantee the reliability, accuracy, etc., of the information, data, or facts posted on the service or related to the service, and shall not be liable for damages incurred by members as a result thereof.

Article 24 (Dispute Resolution and Others)

  1. In the event of a dispute between the Company and a member regarding service usage, the Company will sincerely discuss the resolution of the dispute with the member.
  2. If an agreement cannot be reached between the parties or if it is impossible to reach an agreement regarding disputes related to location information, the Company may apply for mediation to the Korea Communications Commission under Article 28 of the Location Information Act, or to the Personal Information Dispute Mediation Committee under Article 43 of the Personal Information Protection Act.
  3. If the dispute is not resolved even after the preceding paragraph, both the Company and the member may file a lawsuit with the competent court under the Civil Procedure Act.

Supplementary Provisions Article 1 (Effective Date) These Terms and Conditions shall be effective from January 24, 2024.

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