Chapter 1: General Provisions
Article 1 (Purpose)
These terms and conditions aim to stipulate the rights, obligations, and relevant procedures between members and BigHaveSolution, Inc. (hereinafter "Company") regarding the use of the TraviaPay service (hereinafter "Service").
Article 2 (Effect and Amendment of Terms)
1. These terms take effect upon customer registration for the service.
2. These terms will be publicly announced on the website or through other means and shall take effect upon the member's registration.
3. The Company may revise these terms if deemed necessary and will publicly announce any changes within 24 hours using the same method described in Clause 2.
Article 3 (Supplementary Rules)
Any matters not specified in these terms shall follow the Telecommunications Framework Act, the Telecommunications Business Act, and other relevant laws and detailed service usage guidelines set by the Company.
Article 4 (Definition of Terms)
1. Member: A person who enters into a service use contract with the Company to use TraviaPay.
2. Operator: A person selected by the Company to manage and operate the service.
3. Company: The company name registered by users within the TraviaPay service.
Article 5 (Privacy Policy)
1. The Company respects and protects members' privacy.
2. The Company shall not disclose or distribute personal information to third parties without the member’s consent nor use it for commercial purposes.
3. Personal information may be provided to affiliated service providers only after notifying the member and obtaining consent.
4. The Company may store usage information on its servers for statistical use without prior individual consent.
5. Collection and Processing of Payment Data
The Company may collect and process members' payment-related data, including payment amount, location visited, and merchant information ("Payment Data").
Purpose of Collection: Payment Data is used for service provision, merchant and payment management, and personalized recommendations.
Data Handling and Storage: Data is securely stored in the Company’s mobile app and server and is not shared without explicit consent.
Member Consent: Members must explicitly consent to data collection and processing; otherwise, some services may be restricted.
Data Deletion: Members may request deletion of Payment Data, which will then be permanently removed.
Chapter 2: Service Use Agreement
Article 6 (Establishment of the Use Agreement)
1. The member shall be deemed to have agreed to these terms by checking the terms online and clicking the 'Agree' button.
2. The use agreement is established when the Company accepts the customer's application for use.
Article 7 (Application for Use and Approval)
1. The application for use is replaced by the TraviaPay customer registration, and a registered user may apply for use by receiving a user ID/password or through an external OAuth service.
The information required during the customer registration application is as follows and is used solely for the purpose of operating the service. In principle, the data shall be deleted immediately upon service termination.
a. Personal information
b. Other matters deemed necessary by the Company
2. The Company shall approve the service application of customers who have accurately entered the items specified in paragraph 1 of this Article.
3. The Company may restrict or defer approval of the service application in the following cases until the reasons are resolved:
a. When service provision is technically not feasible
b. When the application is made under a false name or by misusing another person's identity
c. When application is incomplete or incorrect
d. When the application is intended to harm public order or good morals
e. When the application does not meet other criteria set by the Company
4. Depending on the qualification of the member, some parts of the service may be restricted, and changes in the TraviaPay service (e.g., change of name, termination, etc.) may affect the member's qualification and scope of service use.
5. If the applicant is a minor, the Company may defer approval in accordance with the guidance set for each service.
Article 8 (Types of Members)
1. Verified Member: A user who has completed customer registration for the TraviaPay service according to the policies set by the Company.
2. Unverified Member: Any person other than a verified member.
Article 9 (Changes to Member Information)
If any information provided at the time of application is changed, the member must update it through the format and method designated by the Company via online means.
Article 10 (Service Usage Fees)
1. The TraviaPay service does not incur separate fees as it is part of the TraviaPay solution.
2. Payments made for the use of the service are non-refundable unless the Company is at fault in accordance with Article 21, Clause 1.
3. Communication charges incurred between mobile communication and mobile phones are unrelated to the Company.
Chapter 3: Use of Service
Article 11 (Service Hours)
1. In principle, the service is available 24 hours a day, 365 days a year. However, the service may be temporarily suspended due to business or technical reasons, or during periods designated by the Company for operational purposes. In such cases, the Company will notify users either before or after the suspension.
2. The Company may restrict or suspend all or part of the service in the following cases:
a. When unavoidable due to maintenance or construction of service equipment
b. When a common telecommunications carrier under the Telecommunications Business Act suspends its services
c. When normal service cannot be provided due to a power outage, facility failure, or excessive usage
d. When a failure occurs in the service due to mobile carriers
e. Other force majeure events such as natural disasters or national emergencies
Article 12 (Intellectual Property Rights)
1. The intellectual property rights and other rights related to the services provided by the Company, including the service programs, images, marks, logos, designs, service names, information, and trademarks, belong to the Company.
2. Except as explicitly approved by the Company, members may not modify, lease, lend, sell, distribute, create, transfer, sublicense, pledge, or commercially use any of the properties mentioned above, in whole or in part, nor may they allow third parties to do so.
3. Members shall be solely responsible for any infringement of third-party rights resulting from violation of the above clause.
4. The Company bears no responsibility for any infringement actions by users under this Article.
Article 13 (Limitation of Warranty)
The Company clearly states that its liability is limited in the following situations that may arise from the use of this service:
1. The use of this service is based solely on the member’s judgment. The service is provided "as is" without guarantees.
2. The Company shall not be responsible in the following cases:
a. If errors in connection or service occur due to causes beyond the programs provided by the Company
b. If the information obtained through the service is not entirely accurate or trustworthy
c. If the quality of the information obtained through the service is unsatisfactory
3. Any operations performed beyond the provided functions of the service are at the user's own discretion and risk. Therefore, the Company is not responsible for system damage to the device, or for damage or leakage of stored information.
4. Unless explicitly stated in these Terms, no advice or information provided shall imply the Company's responsibility or guarantee.
Article 14 (Limitation of Liability)
The service shall not be liable for any damages arising directly or indirectly, or incidentally or consequentially, from the use of the service. This includes not only financial loss but also emotional and psychological damage such as loss of goodwill. The limitation of liability is publicly stated in these Terms for greater enforceability. The limitations include, but are not limited to, the following:
1. Loss resulting from changes in transmission methods or data
2. Mental or material damages resulting from users disclosing their personal or usage information
3. Operational issues caused by stored data are not the responsibility of the Company, and any changes in service use due to user-configured information settings are solely the user's responsibility
4. Any other damages arising in connection with the service
5. TraviaPay supports iOS and Android. The Company is not responsible for unavailability of the service due to the type of device and/or OS version
Chapter 4: Obligations of the Contracting Parties
Article 15 (Obligations of the Company)
1. The Company shall not disclose or distribute usage information obtained during the operation of the service to any third party without the user's consent. However, this does not apply in cases where it is required by law and due process.
a. When requested by a related institution for investigative purposes under applicable laws
b. When requested by the Information and Communication Ethics Committee
c. When requested in accordance with other procedures stipulated by relevant laws
2. When the Company receives a complaint from a member regarding the service, it shall promptly address the issue. If immediate resolution is difficult, the Company shall notify the member of the reason and the expected resolution timeline via the website or email.
Article 16 (Obligations of Members)
1. Members shall not engage in the following acts when using the service:
a. Providing false information during registration or fraudulently using another member’s personal information
b. Reproducing, distributing, or commercially using information obtained through the service without prior consent from the Company
c. Damaging the reputation or causing disadvantages to others
d. Infringing on the Company's copyrights or other rights
e. Uploading or retaining materials infected with mobile phone viruses that may cause malfunction of service equipment or destruction/confusion of data
f. Intentionally interfering with the operation of the service or transmitting information that may hinder the stable operation of the service
2. Members must comply with applicable laws, the provisions of these Terms, usage guidelines, notices posted within the service, and any notifications issued by the Company. Members must not engage in any conduct that interferes with the Company’s operations.
Article 17 (Notices to Members)
1. The Company may notify members using its SMS notification system.
2. The Company may substitute individual notifications by posting them on the service website or bulletin board.
Chapter 5: Termination and Restriction of Use
Article 18 (Termination of Contract and Restriction of Use)
1. If a member wishes to terminate the service use agreement, they must submit a termination request to the Company through the method specified by the Company.
2. Members who have applied for termination will no longer be able to use the service immediately upon submission.
3. If a member fails to fulfill their obligations as stipulated in Article 16, the Company may terminate the service agreement or suspend service use without prior notice.
4. Regarding actions taken by the Company under Clauses 2 and 3 of this Article, members may file an objection in accordance with the procedures established by the Company.
Article 19 (Prohibition of Transfer)
Members may not transfer or donate their rights to use the service or other contractual rights to a third party.
Chapter 6: Damages and Legal Matters
Article 20 (Compensation for Damages)
1. The Company shall not be liable for any damages arising in relation to the use of the service. However, compensation for paid members shall be provided in the event the service is discontinued due to reasons attributable to the Company as specified below:
a. If the Company is subject to seizure, provisional seizure, provisional disposition, auction, bankruptcy, or corporate reorganization procedures initiated by a third party, or if the Company itself initiates such procedures
b. If the Company discontinues the service due to reasons other than the above that are deemed to make service operation impossible
2. If a member violates these Terms and causes damage to the Company, the member shall compensate for all damages incurred by the Company.
3. If a member's illegal act or violation of these Terms causes the Company to be subject to claims, lawsuits, or other disputes from third parties, the member shall indemnify the Company at their own expense and responsibility. If the Company is not indemnified, the member shall compensate the Company for all damages incurred.
Article 21 (Disclaimer)
1. The Company shall not be liable for failure to provide services due to war, disaster, force majeure, or national emergency.
2. The Company is not responsible for service suspension or failure due to reasons attributable to the user.
3. The Company shall not be liable for damages caused by suspension or failure of services by common telecommunications carriers.
4. The Company shall not be liable for service suspension or disruptions due to unavoidable reasons such as pre-announced maintenance, replacement, inspections, or construction of service equipment.
5. The Company shall not be liable if users do not obtain the expected results or profits from using the service, or for damages unrelated to service errors.
6. The Company shall not be responsible for connection delays or equipment errors not clearly attributable to the Company.
7. The Company is not obligated to intervene in disputes between users or between a user and a third party, and is not liable for any resulting damages.
8. Free services provided by the Company are excluded from compensation for damages.
9. The Company is not responsible for incidents arising from user negligence.
10. Modifications caused by hacking or unauthorized program usage are not considered defects in the Company’s program.
11. Errors occurring in abnormal operating conditions unsupported by the OS are not considered defects in the Company’s program.
12. Refunds are not available unless the cause of the issue is a defect in the Company’s own program.
Article 22 (Governing Law)
1. All legal issues arising from the member's use of the service shall be governed by the laws of the Republic of Korea.
2. In the event of a dispute between the Company and a member regarding service use, both parties shall sincerely attempt to resolve the dispute before taking legal action.
3. If the dispute is not resolved through consultation under Clause 1, the competent court shall be the court having jurisdiction over the location of the Company’s headquarters.
Supplementary Provisions
(Effective Date) These terms and conditions shall be effective from December 14, 2021.
BigHaveSolution, Inc.