TERMS AND CONDITIONS ON
THE USE OF ELECTRONIC FINANCIAL TRANSACTIONS
Article 1 (Purpose)
The purpose of these Terms and Conditions is to clearly define the rights and obligations between a client who intends to use electronic financial transactions and Orange Square Co., Ltd. (hereinafter “Company”) by providing basic information regarding electronic financial transactions provided by the Company.
Article 2 (Definitions)
The terms used in these Terms and Conditions shall be defined as follows, and any term not defined in this Article or these Terms and Conditions shall have the same meaning as defined in the “Electronic Financial Transactions Act” and other relevant statutes and regulations.
1. The term “electronic financial transaction” means a transaction where the Company provides electronic financial transaction services through electronic devices and the User uses automatically without contacting or communicating with any employee of the Company face to face.
2. The term “electronic payment transaction” means a transaction where a person who gives an amount of money (hereinafter “payer”) authorizes the Company to transfer the money to the person who receives it (hereinafter “recipient”) using an electronic payment means.
3. The term “electronic payment means” means an electronic payment method defined in Article 2(11) of the “Electronic Financial Transactions Act,” such as an electronic debit payment, an electronic prepayment, electronic currency, or a credit card.
4. The term “electronic prepayment means” means an electronic prepayment method under the “Electronic Financial Transactions Act,” which was notified to the User in advance when the Company issued, such as a WOWPASS Card that can be used for payment to credit card merchants, Internet websites, etc. The details of various electronic prepayment methods issued by the Company can be found on the relevant service screen of unmanned kiosks, mobile applications, Internet websites, etc.
5. The term “charging” means purchasing an electronic prepayment means through payment methods designated by the Company to secure a certain amount in the electronic prepayment means or accumulating credits received for activities in services, etc. from the Company or a third party designated by the Company (hereinafter “services, etc.).
6. The term “effective period of an electronic prepayment means” means the period during which a means of access to an electronic prepayment means issued by the Company may be used by presenting it to franchise merchants.
7. The term “extinctive prescription period of an electronic prepayment means” means the period during which the User may use the amount of money charged in an electronic prepayment means and may claim the return of the balance thereof from the Company.
8. The term “electronic device” means a device used for electronically sending or processing information about electronic financial transactions, such as an automatic cash dispenser, an automated teller machine (ATM), a payment terminal, a computer, a telephone, or any other device that electronically transmits or processes information.
9. The term “electronic document” means information prepared, sent, received, or stored in an electronic form by an information processing system defined in Article 2(1) of the “Framework Act on Electronic Documents and Transactions.”
10. The term “User” means a person who agrees with these Terms and Conditions and uses electronic financial transactions services provided by the Company.
11. The term “password” means a combination of numbers and letters set by the User and approved by the Company or a one-time password given by the Company to identify the User and protect User information.
12. The term “means of access” means a means or information specified in Article 2(10) of the “Electronic Financial Transactions Act” as a means or information used to give a transaction order or secure the integrity and accuracy of the User’s details and transactions in electronic financial transactions, including electronic cards and equivalent electronic information (including credit card numbers), information or certificate of the creation of an electronic signature under the “Digital Signature Act,” the user number registered with the Company, the User’s biometric data, and the password required to use the above-described means or information.
13. The term “transaction order” means an order issued by the User to the Company to process an electronic financial transaction according to an electronic financial transaction agreement signed by the User under these Terms and Conditions.
14. The term “error” means a failure to execute an electronic financial transaction according to an electronic financial transaction agreement or the User’s transaction order without the User’s intentional or negligent conduct.
15. The term “franchise merchant” means a person who is not an electronic financial business entity but provides goods or services to Users in transactions through WOWPASS services under an agreement with the Company.
<CHAPTER 1 ELECTRONIC FINANCIAL TRANSACTIONS>
Article 3 (Composition and Details of Electronic Financial Transaction Services)
① Electronic financial transaction services consist of the following services; if necessary, further details of relevant services shall be provided in each Chapter of these Terms and Conditions.
1. Issuance and management of electronic prepayment means
2. Services incidental or related to those described in subparagraph 1 above
② When the Company intends to add or change an electronic financial transaction service, it may do so by giving notice of the details thereof to the User in advance.
Article 4 (Time for Use)
① In principle, the Company shall provide electronic financial transaction services to Users 24 hours a day, 7 days a week, provided the usage time may vary depending on the financial Company’s circumstances or any other payment means issuer.
② If suspending electronic financial transaction services is unavoidable because of repair, inspection, or other technical requirements of information and communications facilities or the circumstances of a financial company or other payment means issuers, the Company may suspend the services after notifying through an electronic means at least three days before the suspension of the services, provided that, services may be suspended without prior notification because of system failure recovery, urgent program repair, or other external factors.
Article 5 (Effect of Agreement on Electronic Payment Transactions)
① In the case of electronic payment transactions, the Company shall carry out the payment process and transmit the transaction details to release the payment.
② If a payment transaction is not made according to the User’s transaction order for an electronic payment transaction, the Company shall refund the User.
Article 6 (Selection, Use, and Management of Means of Access)
① When the Company provides electronic financial services, it shall select a means of access, such as an electronic card, to verify the User’s identity and authorization, the transaction details, etc.
② Except as otherwise provided by any other Act, no User shall conduct any of the following when using a means of access, provided that an electronic payment means’ balance may be transferred or offered as security when used through the Company’s central computer system:
1. Transferring or acquiring a means of access;
2. Lending a means of access or authorizing a third party to use a means of access;
3. Offering a means of access for pledge or other collateral purposes; or
4. Mediating any act described in subparagraphs 1 through 3.
③ The User shall not divulge or disclose his or her means of access, in the form of an electronic card or any other form, to a third party or neglect such means of access and shall take sufficient care to prevent the means of access’ theft, forgery, or alteration.
④ The Company shall provide the User with the information on the notification method, such as application for suspension, through its service page, including its mobile application, if the User’s means of access, such as an electronic card, is lost or stolen and be liable for the damage sustained by the User as a consequence of a third party’s use of the means of access from the time when the Company is notified by the User regarding the means of access’ loss or theft, provided that the User shall be liable for any damage sustained as a consequence of means of access’ use before the User notifies the Company of a means of access’ loss or theft (and applies for suspension).
⑤ The User may apply for a means of access’ reissuance after the Company receives the means of access’ notice of loss or theft from the User. The Company shall provide information about reissuance expenses and the application methods and procedures for means of access through its service page, such as mobile applications.
Article 7 (Checking of Details of Transactions)
① The Company shall allow the User to check his or her transaction details (including the User’s “requests for error correction and matters related to the processing results”) through its service page, such as mobile applications, and upon the User’s request to issue a written transaction statement, the Company shall give a transaction statement report by electronic mail, app push, or any other means within two (2) weeks from the day the statement is requested.
② If the Company cannot give the transaction details because of electronic system failure or any other event, it shall notify the User by sending an electronic document (including sending by electronic mail). The period when the Company cannot provide the transaction details because of electronic system failure or any other event shall not be included in the period when the Company shall issue a written statement.
③ The transaction details for which the applicable period is five (5) years among the transaction details subject to paragraph 1 are as follows:
1. The name and number of the transaction account;
2. The type and amount of an electronic financial transaction;
3. Information on the counterparty to an electronic financial transaction’s identity;
4. The date and time of an electronic financial transaction;
5. The type of electronic system and information identifying it;
6. Fees that the Company has received as consideration for an electronic financial transaction;
7. Matters regarding the User’s consent to a fund withdrawal;
8. Records of access to an electronic system in connection with the relevant electronic financial transaction;
9. Matters regarding an electronic financial transaction’s application and the variation of terms and conditions; and
10. Records of electronic financial transactions where each transaction exceeds KRW 10,000.
④ The transaction details for which the applicable period is one (1) year among the transaction details subject to paragraph (1) are as follows:
1. Records of small electronic financial transactions where each transaction is not more than KRW 10,000;
2. Records of the transaction authorizations related to the use of an electronic payment means; and
3. Matters regarding the User’s requests for error correction and the processing results.
When the User intends to request the issuance of a written statement described in paragraph 1, he or she may contact the Company through the following address or telephone number.
* Address: #1001 (Woorim E-Biz Center 2), 12 Digital-ro 33-gil, Guro-gu, Seoul
* Email Address: firstname.lastname@example.org
* Telephone No.: 1833-5508
Article 8 (Error Correction, Etc.)
① When the User becomes aware of an error while using the electronic financial transaction services, he or she may request the Company to correct the error.
② When the Company receives a request to correct an error according to the preceding paragraph or finds out that there is an error, it shall immediately investigate and resolve the error and notify the User of the error’s cause and the processing results in writing, by telephone, or by email within two (2) weeks from the day the correction request was made or the error was discovered, provided that if the User requests to notify through writing, the Company shall do so.
Article 9 (Company’s Liability)
① The Company shall be liable for the damage sustained by the User as a consequence
of an accident falling within any of the following:
1. An accident caused by a means of access’ forgery or alteration;
2. An accident that occurred during electronic transmission or a contract or transaction’s conclusion processing; or
3. An accident caused by the usage of a means of access acquired through any fraudulent or illegal means by intruding into an electronic financial transactions’ electronic system or an information and communications network defined in Article 2(1)1 of the “Act on Promotion of Information and Communications Network Utilization and Information Protection.”
② Notwithstanding paragraph 1, the Company may require the User to fully or partially
bear the damage sustained by the User in any of the following cases:
1. Where the User lent a means of access to a third party, authorized a third party to use it, transferred it, or offered it as security (excluding where the User transferred electronic currency or offered it as security under Article 18 of the “Electronic Financial Transactions Act”);
2. Where the User divulged, disclosed, or neglected a means of access although
he or she knew or could have known that a third party could use the User’s means
of access without authorization to make an electronic financial transaction;
3. Where an accident described in subparagraph 3 of the preceding paragraph
occurred after the User refused to take security measures required by the Company
in addition to the confirmation under Article 6(1) of the “Electronic Financial
4. Where an accident described in subparagraph 3 of the preceding paragraph
occurred as a consequence of any of the following acts that the User conducted to
a medium, means, or information used for additional security measures under
(a) Divulging, disclosing, or neglecting it;
(b) Lending it to a third party, authorizing a third party to use it, transferring it, or offering it as security; or
5. Where the User was a corporation (excluding small enterprises described in
Article 2(2) of the “Framework Act on Small and Medium Enterprises”) that sustained
damage but the Company established a security procedure, observed the procedure
thoroughly, and fulfilled its duty of care, as reasonably required, to prevent
③ When the Company needs to repair, inspect, or replace information and communications facilities, including computers, it may temporarily suspend electronic financial transaction services. In such cases, the Company shall notify Users in advance of the suspension schedule and reasons.
Article 10 (Revocation of Transaction Order)
① When the User makes an electronic payment transaction using the Company’s electronic financial transaction services, he or she may revoke a transaction order by sending an electronic document (including sending by electronic mail) to the Company with the contact information described in Article 7(5) or by revoking the transaction order in the service page.
② If an electronic payment has taken effect, the User may have the payment refunded through offer revocation under the “Act on the Consumer Protection in Electronic Commerce” and other relevant statutes and regulations.
Article 11 (Preservation of Records of Electronic Financial Transactions)
① The Company shall prepare and preserve the User’s electronic financial transaction records so that transaction details can be traced and searched or an error in such details can be found or corrected.
② The kind of records the Company shall preserve under the preceding paragraph and the preservation duration shall be as prescribed in Article 7(3) and (4).
Article 12 (Prohibition of Provision of Information on Electronic Financial Transactions)
① The Company shall not provide or divulge the User’s data, account, means of access, information, or data regarding the User’s electronic financial transaction details and results obtained while providing electronic financial transaction services or use such information or data for any purpose other than its business purposes without the User’s consent.
② The Company shall implement a policy on the treatment of Users’ personal information so that Users can safely use electronic financial transaction services. The Company’s policy on the treatment of personal data can be found in the link to the Company’s website or service page.
Article 13 (Settlement of and Mediation in Disputes)
① The User may present an opinion, make a complaint on an electronic financial transaction, claim damages, or request the Company to settle a dispute through the manager or officer in charge of dispute settlement as posted on the Company’s website or through the following contact information.
- Officer in charge: Choi Hyung-seok, Vice President
- Address: #1001 (Woorim E-Biz Center 2), 12 Digital-ro 33-gil, Guro-gu, Seoul
- Email Address: email@example.com
- Telephone No.: 1833-5508
② The User may apply for a dispute settlement with the head office or the Company’s sales office in writing (including an electronic document) or an electronic system according to paragraph 1, and the Company shall inform the User of the investigation results or dispute settlement within fifteen (15) days.
③ If the User is unsatisfied with the Company’s dispute settlement under paragraph 2, he or she may file a petition for mediation in the dispute related to the Company’s electronic financial transaction services usage with the Financial Disputes Mediation Committee of the Financial Supervisory Service, the Consumer Disputes Mediation Committee of the Korean Consumer Agency, or other relevant institutions.
Article 14 (Company’s Duty to Secure Safety)
The Company shall fulfill the duty of care as a good manager to ensure safety in electronic financial transactions and comply with the standards prescribed by the Financial Services Commission on the information technology sector and electronic financial services, including personnel, facilities, and electronic systems for electronic transmission or processing through electronic financial transactions to secure safety and reliability.
Article 15 (Consent to Collection and Transfer and Revocation of Consent)
① In consenting to collection and transfer, the User shall communicate the consent through an electronic document prepared in the manner provided by the Company according to requirements.
② The Company shall provide the method of consent through an electronic document in the manner and according to the requirements consistent with the requirements prescribed by the “Regulations on the Supervision of Electronic Financial Transactions” and shall submit the consent received from the User for the collection and transfer to the Korea Financial Telecommunications and Clearings Institute, relevant financial companies, etc.
③ The User may request the Company to revoke the consent made under the preceding paragraph before the payment withdrawal record is entered in the User’s account ledger according to the Company’s transaction order. The User may revoke the consent to the withdrawal and amount transfer by deleting the account’s registration through the service screen, provided that the User may not object to any amount withdrawal that occurred before the User intended to revoke the withdrawal was communicated.
<CHAPTER 2 ELECTRONIC PREPAYMENT MEANS>
Article 16 (Charging of Electronic Prepayment Means)
① The User may purchase an electronic prepayment means by paying for it with foreign currency (legal currency), withdrawal from an account, a mobile phone, a credit card, deposit without a bankbook, or other payment methods designated by the Company or may charge an electronic prepayment means by accumulating credits received from the Company or affiliates for activities in services, etc.
② An electronic prepayment means purchased with a method designated by the Company may be charged by the amount set for each method specified in paragraph 1, and the amount may be limited depending on the method.
③ When the User applies for purchasing an electronic prepayment means through deposit without a bankbook, he or she shall make the deposit in the bank account designated by the Company within five (5) business days from the date of application, and the Company shall charge the electronic prepayment means when the deposit is confirmed.
Article 17 (Use and Subtraction of Electronic Prepayment Means)
① The User may use an electronic prepayment means for the period designated by the Company and through the method prescribed. The Company shall give further details through these Terms and Conditions or the service page related to electronic prepayment means.
② When purchasing goods through the services, the User may use the electronic prepayment means as a payment method.
③ The amount in an electronic prepayment means shall be subtracted immediately when purchasing goods is completed.
④ When the User uses an electronic prepayment means, its amount shall be subtracted from the electronic prepayment means order with credits accumulated for services without payment and the electronic prepayment means that the User purchased.
⑤ It is a principle that if the User revokes a purchase using an electronic prepayment means, the Company shall refund the amount.
Article 18 (Revocation of Transaction Order)
① When the User pays using an electronic prepayment means, he or she may revoke the transaction order before the information on the transaction amount reaches the electronic system designated by the recipient.
Article 19 (Effective Period of Electronic Prepayment Means)
① When the Company issues the means of access in the form of an electronic card to an electronic prepayment means, it shall state the effective period in month and year on the electronic card’s surface.
② The Company shall issue an electronic card for the effective period of five (5) years or at least five (5) years from the issue date.
③ The User cannot use an electronic card as an electronic prepayment means after the effective period, so the User shall replace it with another card and destroy the old card.
④ If the effective period of an electronic prepayment means other than the means of access is not specified otherwise, the extinctive prescription period under Article 20 shall be deemed its effective period.
⑤ The Company shall notify customers of an electronic card’s expiration, whether the effective period is extendable, how to extend the effective period, etc. at least three (3) times, including the notice seven (7) days before the expiration of the effective period, by electronic mail, app push, or other means.
Article 20 (Extinctive Prescription of Electronic Prepayment Means)
① The extinctive prescription period of an electronic prepayment means’ balance issued in return for a payment or an electronic prepayment means provided by the Company or a franchise merchant without payment shall be five (5) years from the last charging date or the means of access’ date of reissuance. The User may use an electronic prepayment means only during the extinctive prescription period designated by the Company.
② If the consent to these Terms and Conditions is revoked, the electronic prepayment means provided without payment shall expire and not be refundable.
Article 21 (Revocation of Purchase of Electronic Prepayment Means, Refund, Etc.)
① A purchase of an electronic prepayment means may be revoked within seven (7) days from the purchase date.
② If the User requests the Company to refund an electronic prepayment means’ balance, he or she may have a refund for the charged electronic prepayment means as follows.
1. In the case of an electronic prepayment means charged in return for a payment, the
outstanding balance shall be fully refunded, provided that in the case of an electronic
prepayment charged by purchasing an unregistered prepayment card, the balance shall be refunded if at least 60% (at least 80% in the case of an amount not more than KRW 10,000) has been used.
2. An electronic prepayment means provided or converted by the Company without a
payment through the purchase of goods, an event, etc. are excluded from those eligible for refund (refundable if public or individual notice was given to Users in advance when the electronic prepayment means was provided without a payment that the electronic prepayment means was refundable).
③ Notwithstanding paragraph 2, if it is impossible to use an electronic prepayment means because a franchise merchant is unable to provide goods or services because of a natural disaster or any similar event or if a franchise merchant is unable to provide goods or services because of a defect in an electronic prepayment means, the balance recorded in the electronic prepayment means shall be fully paid.
④ The User may use an electronic prepayment means until the deadline specified by the Company according to the method designated. The Company shall give information on refunds, etc. in detail through the Customer Center web page for each electronic prepayment means.
⑤ The User may claim the return of a new type of gift certificate’s unused portion from the Company until five (5) years from the last charging date after an electronic prepayment means’ effective period under Article 19 expires (limited to cases where the extinctive prescription has not been completed), and the Company shall return 90% of the balance.
Article 22 (Ceilings, Etc. on Electronic Prepayment Means)
① The Company limits electronic prepayment means’ maximum amount held per name to KRW 2,000,000 but limits the maximum amount to KRW 500,000 if the name is not identified, provided that the Company’s policy may reduce the holding account ceilings.
② The monthly cumulative payment amount and the payment ceiling for each User’s payment means may be limited according to the Company’s policy and the payment companies’ standards (such as mobile communications companies and card issuers).
Article 23 (Management and Public Notification of Prepayment Deposit)
① The Company shall separate the User’s prepayment deposit from its proprietary property and trust it with an external financial institution or purchase payment guarantee insurance.
② The Company shall check whether the total amount of the prepayment deposit and the total amount of trust funds, etc. in operation match each other every business day and publish the prepayment deposit amount, the trust details, whether they are insured by payment guarantee insurance, the insurance coverage amount, etc. at the end of each quarter (within ten (10) days after the end of each quarter) in its website (specifying the URL of the website).
③ In any of the following cases, the Company shall pay the prepayment deposit preferentially to the User through the trust company, insurance company, etc. In such cases, the Company shall send notice of the time to pay the prepayment deposit, the place of payment, and other matters regarding the prepayment deposit’s payment through two (2) or more daily newspapers and publish such information on its Internet website, etc.
1. Where the Company’s registration is canceled or obliterated
2. Whether the Company is dissolved or ceased to engage in the business of issuance and management of electronic prepayment means
3. Where the Company is declared bankrupt
4. Where the Company is subjected to suspend the issuance and management of electronic prepayment means
5. Where an event similar to any of the events described in subparagraphs 1 through 4 occurs
Article 24 (Trust or Payment Guarantee Insurance for Prepayment Deposit)
① The Company shall put at least 50% of the prepayment deposit into a trust, designating the User as the beneficiary, or purchase payment guarantee insurance, designating the User as the insured.
② The Company shall put the prepayment deposit into a trust, in principle, but it may mix it with a payment guarantee means, if inevitable.
③ When the Company puts a prepayment deposit into a trust, it shall trust the full amount and shall not deposit part of it as a payment reserve.
④ If the Company manages a prepayment deposit balance without putting it into a trust or payment guarantee insurance, it shall manage the balance as a risk-free asset.
<CHAPTER 3 STATEMENT, AMENDMENT, ETC. OF TERMS AND CONDITIONS>
Article 25 (Communication, Delivery, Explanation of Terms and Conditions)
① The Company shall communicate the Terms and Conditions to the User and deliver a copy to the User by sending it through an electronic document (including sending by electronic mail), fax, mail, or personal delivery, upon the User’s request.
② If the User requests the Company to explain the Terms and Conditions, it shall explain the Terms and Conditions’ essential provisions to the User by any of the following methods:
Explaining the Terms and Conditions’ essential provisions to the User face-to-face; or
2. Displaying the Terms and Conditions’ essential provisions explanation through an electronic system that the User can understand easily and receiving the User’s acknowledgment that he or she is fully aware of the relevant provisions through an electronic system.
Article 26 (Amendment of Terms and Conditions)
① If the Company intends to amend these Terms and Conditions, it shall post the Terms and Conditions’ provisions on the electronic system operated for relevant electronic financial transactions (or an electronic system that Users can access easily if the Company has difficulty in posting them) at least one (1) month before the amendment, provided that if a User objects, the Company shall assure the User that the Terms and Conditions’ amended provisions have been notified to the User appropriately.
② Notwithstanding paragraph 1, when the Company urgently amends the Terms and Conditions following a statute or regulation amendment, it shall post the amended Terms and Conditions on the electronic system for at least one (1) month and notify Users thereof.
③ In the posting or notice under paragraphs 1 and 2, the Company shall include a statement to the effect that “the User may terminate the agreement after the Terms and Conditions’ amended provisions are posted or notified but by no later than the business day immediately before the amended Terms and Conditions take effect, and if the User does not object to the Terms and Conditions’ amended provisions, he or she shall be deemed to have approved the Terms and Conditions’ amended provisions.”
④ The User may terminate the agreement on electronic financial transactions after the amended provisions of the Terms and Conditions are posted or notified but by no later than the business day immediately before the amended Terms and Conditions take effect. If the User does not object to the Terms and Conditions’ amended provisions, he or she shall be deemed to have approved the Terms and Conditions’ amended provisions.
Article 27 (Applicable Rules in Addition to Terms and Conditions)
① If there is a difference between an agreement’s provisions made individually between the Company and the User and these Terms and Conditions, the agreement shall take precedence over these Terms and Conditions.
② Matters not stipulated in these Terms and Conditions regarding electronic financial transactions shall be subject to the stipulated Terms and Conditions.
③ Except as otherwise agreed by the parties, matters not stipulated in these Terms and Conditions and the individual terms and conditions on electronic financial transactions (including definitions) shall be governed by the “Electronic Financial Transactions Act,” the “Act on the Consumer Protection in Electronic Commerce,” the “Specialized Credit Finance Business Act,” and other relevant statutes and regulations.
Article 28 (Jurisdiction)
The “Civil Procedure Act” shall determine the jurisdiction over a dispute between the Company and the User.
These Terms and Conditions shall take effect on July 11, 2022.