Article 1. Purpose
The purpose of these Terms & Conditions is to set forth the matters concerning the rights, obligations, responsibilities and any other condition and procedure for use between HanGook McDonald's Co., Ltd., (hereinafter, "Company") and the Member (hereinafter "Member") in connection with the services provided through the McDelivery website (https://www.mcdelivery.co.kr/kr/, hereinafter, "Website") and/or the mobile application (hereinafter, "Application") operated by the Company.
Article 2. Definition
The terms used herein shall have the following meaning.
- "Services" shall mean the services that can be provided to, and used by the Member from the Website and/or the Application regardless of the device (various wire or wireless devices including PC, TV, and mobile handset) on which the Services are implemented.
- "Member" shall mean a user who applies for membership in accordance with these Terms & Conditions by accessing the Website and/or the Application, obtains approval from the Company, and then uses the Services provided by the Company.
- "ID" shall mean the combination of the letters and numbers that are determined by the Member and approved by the Company for identification of the Member and use of the Services.
- "Password" shall mean the combination of the letters and numbers that are determined by the Member himself/herself to verify whether the user is the Member with the granted ID and to protect confidential information.
Article 3. Effect and Amendment of the Terms & Conditions
- The Company approves membership on the premise that the Member agrees to these Terms & Conditions, and these Terms & Conditions take effect with the Member's agreement to the content of a notice posted when he/she joins the Membership.
- The Company may amend these Terms & Conditions within the permitted range by applicable laws, and the Member can view the amendment, if any, on the Website and/or the Application. The amended Terms & Conditions shall go into effect after 7days in a state where the Member is able to view the amendment with posting of the notice about such amendment by the Company on the Website and/or the Application.
- When the Member refuses consent to the amended Terms and Conditions, he/she may request termination of their membership. Provided the Member continues to use services by using the Website or the Application, or does not express his/her intent to terminate membership after 7 days since amendment of the Terms and Conditions has been announced, he/she shall be deemed to have agreed to the amended Terms & Conditions as set forth in Paragraph 2 of this Article.
Article 4. Registration
- In principle, only "the individual member him/herself" is permitted to register as a Member of the Website and/or the Application.
- The individual member him/herself shall mean the individual person who has consented to the content of these Terms & Conditions, applied for membership by entering his/her personal information in the application form on the Website or the Application in a truthful manner, and then obtained approval for membership from the Company. Entity or group members are not allowed to register as a Member of the Website and/or the Application.
- A minor under the age 14 may not register.
- In any of the following cases, the Company may withhold or reject approval for membership:
- If a person registers as a Member under a fictitious name;
- If a person registers with an ID that may bring discomfort to the others;
- If a person registers by borrowing or abusing another person's name or under an assumed name;
- If a person makes false entries in the application form or fails to fill in items required by the Company;
- If a person applies for membership for the purpose of violating applicable laws and regulations or harming good morals and manners (or if a person has committed such acts); or
- If an applicant has been disqualified from membership under these Terms and Conditions (except where such person has again obtained approval for membership from the Company).
Article 5. Member's Information
- The personal information that the Member submits when subscribing for the membership will not be used for any purpose other than as consented by the Member or as allowed under the applicable laws and regulations, nor will be disclosed to outside parties.
- Notwithstanding Article 5, Paragraph (2) above, the Company may have to disclose the Member's personal information to a third party, such as investigation authorities, to the extent required to comply with the applicable laws and regulations.
Article 6. Member's Duties
- The Member is responsible for managing his/her own ID and Password under his/her control. The ID and Password shall be used by the Member only and the Member shall not cause any other person to use the ID and Password.
- The Member shall be liable for any loss and damage that may arise from leakage of its ID and Password to others due to the Member's negligence.
- If there is any change in the information that the Member submitted when subscribing for the membership, the Member shall correct the information online or give notice to the Company of such change via email or other means. If any disadvantage or problem arises due to the Member's failure to give notice to the Company of such change, any and all liability relating thereto shall be borne by the Member.
Article 7. Management of Members
- The Member may, at any time, access his/her personal information and request to correct the information or withdraw his/her consent (i.e. terminate the membership).
- Anyone who has subscribed as a Member may use the Services equally.
Article 8. Use of Member's Information
- The Member shall not use or provide to a third party the email addresses or other personal information of other users acquired during the course of using the Services for any purposes, nor provide such information to a third party.
- If the Member uses or provides to a third party the email addresses of other users for the purpose of sending spam mails, the Member shall be legally liable therefor and shall indemnify the Company from any and all losses or damage relating thereto.
Article 9. Copyright
- If the Member discloses to outside third parties any information as to the various Services offered in the Website and/or the Application without prior consent, the Member may be subject to punishment pursuant to the Copyright Act and other applicable laws and regulations.
- The Member may not use the image files of the Company's Corporate Identity (CI)/ Brand Identity (BI) or characters that are registered on the Website and/or the Application and protected under the Trademark Act, without authorization. The Member acknowledges and agrees that it will be subject to legal punishment in case of a breach of the foregoing provision.
Article 10. Suspension or Termination of Membership
- The Company, as a service provider, may suspend or forfeit the membership without any separate notice, in any of the following cases:
- If the Member submits false information when subscribing to membership or otherwise commits any act that falls under each item of Article 4, Paragraph (4) herein;
- If the Member engages in any activities of registering any obscene materials or trading the same with other Members within the Website and/or the Application;
- If the Member is found to have engaged in such act that is deemed to be subject to criminal punishment or civil tort (including illegal commercial trades);
- If the Member is deemed to be conducting themselves in a way that is offensive to others by using curse words or vulgar phrases in the bulletin board or on other pages of the Website and/or the Application; or
- If the Member breaches any provision of the applicable laws and regulations, these Terms & Conditions, and other rules and regulations determined by the Company in connection with use of the Services.
- If the Member engages in unfair advertising activities through the Website and/or the Application or any other activities of inflicting damage to other Members, the Company will give notice one time to the Member requesting to discontinue such activities, and if such activities last notwithstanding such notice, the Company may suspend or forfeit the membership without any separate notice.
Article 11. Use of Services
- Except due to any operational or technical trouble, the Company makes it a rule to provide the Services around-the-clock and throughout the year.
- The foregoing Paragraph (1) shall not apply during the days or time designated by the Company to suspend the Services due to regular inspections or for other reasons required. If the Services are to be temporarily suspended in a compelling circumstance, the Company shall give prior notice thereof to the extent possible, but if prior notice cannot be given due to any inevitable reason, the Company may give post notice in lieu of prior notice.
- Purchase contract made between the Member and the Company via use of the Website and/or the Application shall follow conditions determined by the two parties aforementioned at the time of entry into each individual contract.
- McDelivery Service can be changed or cancelled after an order is received due to circumstances of the store providing the Service, including a lack of ingredients, etc., with a separate notice given to the concerned customer.
Article 12. Provision of Information and Advertisement
- The Company, while operating the Website and Application services, may provide the Member with information, including various rules of use, through ways such as posting.
- The Company may provide the Member with advertisement, events, products, services and promotions (e.g. coupons, etc.) via Website and/or Application.
Article 13. Service Provider's Duties
- Except under special circumstances, the Company shall ensure that the Member can use the Services from the date as applied by the Member.
- The Company has an obligation to offer the Services in a continuous and stable manner as provided herein.
- Except as specifically provided herein, the Company shall not disclose or distribute the user's personal information to any third party without approval of the user; provided, however, that the foregoing shall not apply if such disclosure or distribution is duly required by the government authorities in compliance with the applicable laws and regulations, such as the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.
- The Company shall immediately handle customer's suggestions or complaints as it deems appropriate. If immediate handling is difficult, the Company will give notice to the Member of the reason for delay and inform of when such suggestions or complaints will be taken care of.
Article 14. Miscellaneous (Matters Not Specified Herein)
For terms and matters not defined herein, the Company may define them through separate rules of use. You can find more details in ‘FAQ’ sections on the Website and/or the Application. Any matters not specified herein or interpretation of these Terms & Conditions shall be subject to the applicable laws and regulations or commercial customs and practices.
Article 15. Liability for Breach
- Any and all liability arising out of breach of these Terms & Conditions shall be borne by the breaching party. If such breach inflicts any damage to the other party, the breaching party shall be held legally liable for such damage pursuant to the applicable laws and regulations.
- Any dispute arising between the Company and the Member concerning use of the Services of the Website and the Application shall be submitted to the competent court pursuant to the Civil Procedure Act.
Article 16. Indemnification
- The Company will not be liable for its failure to provide the Services if such failure is attributed to the acts of God, war or any force majeure event equivalent thereto.
- The Company shall not be liable for any interference or damage to use of the Services arising due to any reason attributable to the Member.
These Terms & Conditions shall take effect on April.1st, 2016.