Agree to Terms and Conditions
Chapter 1 General
Article 1 (Purpose)
These terms and conditions (hereinafter, “Terms and Conditions”) stipulate the conditions and procedures involved in using Philippine Airlines Korean Office (Rakso Holdings Co., Ltd.) (http://www.philippineair.co.kr/en/, hereinafter, “Philippine Airlines Korean Office (Rakso Holdings Co., Ltd.)”or “Service”) that Philippine Airlines Korean Office (Rakso Holdings Co., Ltd.) (hereinafter, “Company”) provides, rights and responsibilities between members, and other requirementsbetween the Companyand user (hereinafter, “Member”)
Article 2 (Definition of Terms)
(1) Terms used in these Terms and Conditions are defined as follows;
1) Member: User who agrees with these Terms and Conditions and joins membership to receive services provided by Philippine Portal.
2) Service Use Agreement: All contracts concluded between the Company and the Member in relation to the use of Service including these Terms and Conditions.
3) ID: Unique combination of characters and numbers created by the Member in order for his/her identification and use of Service approved by the Company.
4) Password: Unique combination of characters and numbers created by the member to protect his/her information
5) E-mail: Internet e-mail account of the member
6) Cancellation: Act of the Company or the Member cancelling the Service Use Agreement
7) Point (Provisional Name): Virtual unit obtained by using the service provided by the Company
(2) For terms not defined in any of the terms listed in (1), refer to the definitions specified in relevant laws and the Guide for Each Service, or other ordinary commercial practices.
Article 3 (Effectiveness and Change of Terms and Conditions)
(1) These Terms and Conditions will have effect on all members who wish to use the Service.
(2) Contents of these Terms and Conditions are effectuated by being published on the Service screen or notified to members using other methods and the member who consent to them join the service.
(3) Members shall visit the service regularly to check changes in the Terms and Conditions. The Company is not responsible for the damages to members arising out of the unawareness of the information in the changed Terms and Conditions.
(4) Members may request for withdrawal (cancellation) if he/she does not agree with the changed Terms and Conditions.
(5) The Company may change the Terms and Conditions, which will be effectuated in the same manner described in (2).
Article 4 (Rules Other than Terms and Regulations)
Related laws such as the Framework Act on Telecommunications and the Telecommunications Business Act and the detailed guidelines on use of service prepared by the Company shall be applied to the matters not specified in these terms and conditions.
The Company may set forth separate terms and conditions or operating principles (hereinafter, “Guide for Each Service”) for individual services, and if the contents of the Guide for Each Service disagree with these Terms and Conditions, the contents of the Guide for Each Service shall take precedence.
Chapter 2 Joining Membership and Using Service
Article 5 Constitution of Service Use Agreement
(1) Service Use Agreement is constituted by User’s consent to the contents of the Service Use Agreement and the Company’s authorization of the application for service use.
(2) To give consent to the Service Use Agreement, press the “I agree” button on the application form when applying for use.
Article 6 Application for Use of Service
(1) A User who wishes to join membership and use the service shall provide overall information requested by the Company (User ID, password, name, contact information, etc.).
(2) Use of Service is allowed for any member who has provided his/her personal information. The member who has not registered correct information by registering another person’s information or registering false information cannot claim any rights in relation to the use of Services and may be subject to penalty according to related laws.
(3) Anyone who wishes to join membership may do so only by providing correct information, and the Company may verify the information the members provides. The member shall fully cooperate with the verification of the personal information and if the member does not, the Company may deem the member’s information false.
(4) The Company may divide members by grade and differentiate the Service in terms of the time of use, frequency of use, and service menu.
Article 7 Protection and Use of Personal Information
Refer to related laws and provisions of the privacy policy of the Company posted in the homepage for matters related to personal information protection.
Article 8 Authorization of Application for Use and Limitations
(1) The Company authorizes the use of Service in the order of arrival unless there are operational or technical troubles regarding the application for use as set forth in Article 5 and Article 6.
(2) The Company may put off the authorization in any of the following cases;
-The applicant did not provide correct information;
-The applicant applied with the intent of violating laws, destroying social peace and order, or harm morals;
-The applicant is using this Service for unfair purposes;
-The applicant is using the Service with the intent of pursuing profit;
-The applicant has a competing relationship with the service;
-The applicant’s previous Service Use Agreement has been cancelled due to his/her violation of laws or Terms and Conditions;
-Other cases of application in violation of overall conditions.
(3) If the application for the use of Service falls under any of the following cases, the Company may put off the authorization until the reasons limiting the authorization is eliminated;
-The Company has not enough capacity in terms of facility;
-The Company has technical issues;
-Other reasons preventing authorization attributed to the Company.
(4) The Company may put off the authorization as specified in the Guide for Each Service if the applicant is defined as a minor as specified in related laws.
(5) The Company may cancel the authorization if any of the reasons listed under Paragraph (2) is discovered even after the membership joining procedure was completed.
Article 9 Giving and Changing Member ID, Etc.
(1) The Company shall grant each member a User ID in accordance with the Terms and Conditions.
(2) The User ID cannot be changed in principle. Despite this, if a member wishes to change the ID, the user shall cancel the membership on the ID and re-join the membership.
(3) The User ID of the Service may be connected to the member’s ID of another site operated by the Company or its subsidiary with the consent of the member.
(4) The User ID may be changed or suspended by the Member's request or the Company's authority in one of the following cases;
- If the User ID includes a phone number or the resident registration number and the member is concerned about privacy issues;
- If the User ID is repulsive to others or harms morals;
- There are concerns that the User ID may be the same as the name of the Company, its Service, or the service operator, or that it may cause misunderstandings;
- Other reasonable causes.
(5) Members are responsible for the management of their user ID, e-mail, and password. Members have full responsibility for damages in using the service caused by negligence or unauthorized use of such information by a third party and the Company will not take any responsibility.
(6) If the ID, e-mail, and password have been misused, the member concerned must notify the Company immediately.
(7) Other matters concerning the management and change of member’s personal information shall be determined by the Guide for Each Service.
Chapter 3 Obligations of Contracting Parties
Article 10 Company’s Obligations
(1) The Company shall make the Service available to members on the service commencement date as requested by members unless there are specific reasons not to.
(2) The Company shall repair any problems or restore any loss in the facility without delay in order to provide continuous and stable service, unless there are unavoidable reasons.
(3) The Company establishes a security system to protect personal information and shall announce and observe the privacy policy.
(4) If the opinions or complaints arising from members are objectively deemed just, the Company shall promptly process the complaints with due procedures. However, if it is difficult to process immediately, the Company shall notify the member of the reason and its related schedule.
Article 11 Member’s Obligations
(1) When a user submits a membership application form or when a member changes his/her membership information, he/she must provide correct information based on facts. The member cannot claim all rights if he/she provided false information or another person’s information.
(2) Members shall comply with the provisions stipulated by the Terms and Conditions and other regulations specified by the Company, matters announced by the Company such as notices, and related laws and regulations, and shall not commit any activity that interrupts with the Company’s business, defames the Company, or harms other people.
(3) If there are changes in the Service Use Agreement, such as address, contact information, e-mail address, and so on, the member must notify the Company immediately through corresponding procedures.
(4) Members may not use the Service for sales activities without prior consent of the Company, and the Company shall not be held responsible for results from the sales activities. Also, the member shall be responsible for damages made to the Company in case the Company is damaged by such sales activities, and the Company may claim for damages from the member through methods such as restrictions on the use of the Service and due procedures.
(5) Members cannot transfer or give the rights to use the service or the status given by the Service Use Agreement to another person without the Company's explicit consent, and cannot provide such rights and status as collateral.
(6) Members shall not violate any rights, including the intellectual property right of the Company or third parties, or engage in any activity listed in each clause under Article 18.
Chapter 4 Name of Service
Article 12 Time for Using Services
(1) The service can be used 24 hours a day all year round as long as there are no particular issues with the Company in terms of operation or technology. However, the Company may temporarily suspend the service on a day or time determined by the Company for periodic inspections, expansion and replacement of the system, and suspension of services due to scheduled maintenance is notified in advance through "Philippine Airlines Korean Office (Rakso Holdings Co., Ltd.)".
(2) The Company may suspend the Service temporarily in whole or in part without giving prior notice for urgent system inspection, expansion or replacement, facility failure, service usage congestion, national emergency, power failure, or other unavoidable reasons.
(3) The Company may suspend the provision of service in whole or in part after notifying members in advance, if necessary for service management such as service reorganization.
Article 13 Postings by Member, etc.
(1) “Post” refers to writings, photos, files and links posted by members while using the service.
(2) If a member causes damage or other problems to himself/herself or another person due to the posts he/she registered to the service, the member shall be responsible for the damage and the Company shall not take any responsibility unless there are specific reasons to do so.
(3) The Company may take appropriate measures such as temporary suspension of posting, modification, deletion, transfer, or refusal of posting without the prior consent of the member in the following cases;
- The post is severely offensive or defamatory to other members or a third party;
- The post disseminates or links contents that violate public order and morals;
- The post promotes piracy or hacking;
- The post is intended for commercial purposes;
- The post is objectively deemed to be connected with a crime;
- The post infringes upon copyright or other rights of another user or third party;
- The post is related to private political views or religious opinion and deemed unfit for the nature of services provided by the Company
- The post violates the corporate posting principles or does not fit the nature of the web board
- The post is deemed to have violated other related laws
(4) The Company may temporarily suspend (stop transmission) a posting if it receives a request from a third party to stop posting due to defamation, infringement of intellectual property rights, and so on, and shall follow the decisions of litigation, settlement and so on made on the posting by a related organization between the party that requested for suspension and the party that created the posting and reported to the Company.
(5) If a posting is put under temporary suspension, the member who created the post may request the Company to enable the posting (resume transmission), and if the enabling of the posting is not requested within 3 months from the date of suspension, the Company may delete the posting.
Article 14 Copyright for Postings
(1) The copyright of the post a member posted in the service belongs to the member who created the post. However, the Company may use any of the following posted by members in a reasonable manner complying with reasonable practices specified in the Copyright Act without any permission from the member for the purpose of operating, exhibiting, transmitting, distributing, and promoting the service.
- Copying, editing, modifying, exhibiting, transmitting, distributing, and making edited works within an extent where contents of the member's post are not harmed.
- Letting affiliate partners such as media, telecommunication carrier and so on provide, exhibit or publicize the contents of the member's post. (In this case, however, the Company shall not provide member’s personal information other than the user ID.)
(2) If the Company wishes to use the member's postings in any way other than the preceding paragraph, the member must obtain the member’s consent in advance by telephone, fax or e-mail.
(3) If a Member terminates the Service Use Agreement, all of the postings recorded in his/her account shall be deleted. However, this does not apply to postings that have been reposted or duplicated by others through saving or importing features or posts that have been copied and provided in combination with other people’s posts, or posts on public boards.
(4) The copyright or other intellectual property rights of the posting or writing created by the Company belongs to the company.
Article 15 Provision of Information
(1) The Company may provide members with a variety of information that are deemed necessary in using the Service by e-mail, letter, mail, SMS, or telephone.
(2) The Company may collect additional personal information based on applicable laws and regulations with the consent of the member for the purpose of improving the Service and introducing the Service to the member.
Article 16 Advertisement Placement and Transaction with Advertiser
(1) A part of the service investment base through which the company is able to provide services to members is derived from revenue from advertising. Members agree to the display of advertisements to them when using the service.
(2) The Company shall not be held responsible for any loss or damage caused by member’s participation, communication, or transaction in the promotional activities of the advertiser exposed through the service.
Chapter5 Cancellation of Contract and Limitations
Article 17 (Change and Cancelation of Contract)
(1) If a member wishes to terminate the Service Use Agreement, the member must cancel the subscription by using the service.
(2) In the event that the Company terminates the Service Use Agreement, the Company shall terminate membership registration according to the "Philippine Airlines Korean Office (Rakso Holdings Co., Ltd.)" Privacy Policy. In this case, the Company shall notify the Member and if the Company wishes to terminate the Service Use Agreement by direct authority, the Member shall be given the opportunity to defend himself/herself before termination.
Article 18 Limitations in Using Services
The Company may restrict the use of Service, initialize user information, terminate Service Use Agreement, and take other appropriate measures if the Member violates Article 11 of these Terms and Conditions and falls under any of the following cases;
- Registering fraudulent data in member's information, stealing personal information of another person such as user ID, password, and other information or trading or providing the user ID with or to another person;
- Transmitting, posting, e-mailing, or otherwise distributing vulgar or obscene contents that violate public order and morals or the information, sentences, pictures, sounds, or videos that infringe upon the honor and privacy of others;
- Harassing or threatening other users, or causing continuous suffering or discomfort to certain users;
- Change the Company's client program, hacking the Company's server, or changing the website or posted information in whole or in part without obtaining any special rights from the Company;
- Reproducing information obtained through the service for purposes other than using the service without the Company's prior consent, using such information in publishing and broadcasting, or providing to a third party;
- Interrupting with the normal operation of the Service, such as misrepresenting the Company's management, staff, or official, or intentionally disrupting the Service;
- If requested for correction by related public institutions such as the ICT Committee;
- If the Service has not been used for more than 3 months;
- Violating laws and regulations, such as violating the regulations provided by the Company including Terms and Conditions or objectively deemed to have been connected with a crime.
Chapter 6 Compensation and Miscellaneous
Article 19 Compensation for Damages
(1) The Company and the User shall indemnify the other party for any damages inflicted to the other party due to intent or negligence in relation to the use of the Service.
(2) For the use of the services provided free of charge, however, the Company shall not be liable for any damages as long as it does not violate the contents of the Privacy Policy
Article 20 Exemptions
(1) The Company is exempted from liability for Service provision if it cannot provide the Service due to natural disasters, wars, interruption of services by a telecommunications carrier, or other equivalent irresistible forces.
(2) The Company shall be exempted from liability for damages caused by unavoidable reasons such as maintenance, replacement, periodic inspection and construction of service facilities.
(3) The Company shall not be liable for any damages caused by a Member's computer error or incorrect personal information and e-mail address provided by the Member.
(4) The Company shall not be liable for not gaining profits that the Member expects to receive from the Service or any loss of profit and shall not be liable for any damages resulting from the data obtained through the use of the Service.
(5) The Company shall not be liable for the contents of the information, data, facts, credibility and accuracy of the contents posted on the service by the member and has no obligation to intervene in disputes arising out of the mutual service between members or between a member and a third party and shall not be liable to compensate for damages therefrom.
(6) The Company has no obligations to review the contents of the post of the Member prior to its registration or to check or review the contents of the post and shall not be responsible for the consequences.
Article 21 Notification
(1) In the event that the Company notifies the Member, the Company may use the e-mail address the Member registered to the Company.
(2) If the Company needs to notify an unspecified number of members, it may substitute individual notices with the notification on the web board for notification posted for at least seven days.
Article 22 Jurisdiction and Governing Law
(1) Matters not specified in these Terms and Conditions shall be governed by related laws and regulations of the Republic of Korea such as the Telecommunications Business Act.
(2) For members who use the fixed rate service and other premium services of the Company, the terms and conditions provided by the Company in relation to such services shall apply.
(3) If a lawsuit is filed against a dispute arising out of the use of the Service, the Seoul Central District Court of the Republic of Korea shall be the competent court.
[Addendum]
1. These Terms and Conditions are effective from December 20, 2007.
