These terms and conditions of use (“Terms and Conditions”) set forth the terms between LINE Plus Corporation (the "Company") and users ("User" or "Users") exchanging products on GET IT, including sellers ("Seller" or "Sellers") and buyers ("Buyer" or "Buyers"), of any services or features of GET IT (the "Service") provided by the Company.
1. Definitions
The following words and terms shall have the meanings set forth below when they are used in these Terms and Conditions:
1.1. “Account” means the User’s GET IT account.
1.2. "Contents" means content displayed or transmitted via the Service.
1.3. “GET IT” means the GET IT mobile application available from the Apple App Store or the Google Play Store and/or the website available at https://get-it.me
1.4. "Separate Terms and Conditions" means any “terms and conditions”, “guideline”, “policy” or other similar document released or uploaded by the Company (other than these Terms and Conditions) that pertain to the Service.
2. Agreement to these Terms and Conditions
2.1. All Users shall use the Service in accordance with the terms stated in these Terms and Conditions. The Users may not use the Service unless they agree to these Terms and Conditions. Such agreement is binding and irrevocable.
2.2. Children under 16 are not allowed to use the Service.
2.3. If the Users use the Service on behalf of, or for the purposes of, a business enterprise, then that business enterprise shall also be deemed to have agreed to these Terms and Conditions. Such agreement is binding and irrevocable.
2.3. If there are Separate Terms and Conditions for the Service posted on GET IT, the Users also shall comply with such Separate Terms and Conditions as well as these Terms and Conditions.
3. Modification of these Terms and Conditions
The Company may modify these Terms and Conditions, or any Separate Terms and Conditions, at any time. The modification will become effective once the modified Terms and Conditions, or Separate Terms and Conditions, are posted on a readily available location within GET IT.
Such modification will be informed to the Users at least 5 days prior to the proposed effective date.
4. Account
4.1. When a User provides information about him/herself to the Company, in relation to the Service, the User shall provide genuine, accurate, and complete information while using the Service, and keep such information up-to-date at all times.
4.2. A User may connect to the Service with a third party service (e.g. LINE, Google or Facebook) and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in GET IT Privacy Policy. The Users should note that the third-party service are subject to the respective terms that apply to that service. The Company has no control over, and is not responsible for, that service.
4.3. Any registered User of the Service may terminate the contract established under these Terms and Conditions at any time by: (i) deleting his/her Account; or (ii) withdrawing from using the Service by uninstalling and/or no longer visiting GET IT.
4.4. The Company may suspend or delete a User's Account if the User is materially violating, or has materially violated, these Terms and Conditions or applicable laws, or if the nature or quality of the Services is endangered by the User’s conduct.
4.5. The Company reserves the right to delete any Account that has been inactive for a period of a year or more, upon 30 days’ prior notice to the User.
4.6. If a User deletes his/her Account, or if the Company has deleted the User’s Account in accordance with these Terms and Conditions, the User’s right to use the Service expires with immediate effect. A deleted Account cannot be retrieved even if a User has accidentally deleted the Account, and the Company asks the Users to be aware of this.
4.7. Each Account in the Service is for the exclusive use of the User. The Users may not transfer or lend their Accounts to any third party nor may their Accounts be inherited by any third party.
5. Privacy
5.1. The Company respects the privacy of its Users.
5.2. The Company shall process and protect the privacy and personal information of its Users in accordance with the GET IT Privacy Policy.
6. Information Security and Management of Information in the Service
6.1. The Company is constantly striving to build a secure transaction environment for its Users by taking all necessary steps to ensure information security, including:
(a) obtaining personal information of the Sellers when registering their accounts on GET IT;
(b) having a process of screening and evaluation of posts made by the Sellers on GET IT; and
(c) taking necessary technical measures to ensure information security.
6.2. The Users need to take necessary measures to actively secure their transactions, including:
(a) making payment only after verifying sufficient details of the Seller;
(b) delivering products only after receiving payment from the Buyer; and
(c) informing us of any suspicious transactions of any Users on GET IT.
7. Provision of the Service
7.1. The Users shall supply the device, operating system, data connection and electricity necessary to gain access to the Service under their own responsibility and at their own expense.
7.2. The Company reserves the right to limit access to the whole or part of the Service for reasons that may include age, identification, current membership status, and the like.
8. Advertisements
The Company reserves the right to provide the Users with advertisements for the Company or a third party, through the Service.
9. Third Party Contents and services
9.1. Contents or other services offered by third party business partners cooperating with the Company may be included within the Service, including services from: Google Analytics; Adjust and App Annie.
9.2. Where any Contents or other services are offered by a third party business, rather than the Company, such third party business partners bear all responsibility regarding such Contents and/or services offered. Furthermore, such Contents and services may be governed by the explicit terms and conditions of the business partners.
10. Rights and Obligations of the Company
10.1. The Company may verify information provided by the Sellers, including but not limited to information on the characteristics, quality and prices of products.
10.2. The Company may request the Sellers to provide certificate(s) of satisfaction of business conditions with respect to goods subject to conditions provided under the laws.
10.3. The Company may take all necessary steps to ensure the Sellers' trade secrets and information security for the Users.
10.4. The Company may regularly review the use of the Service by taking necessary steps and to take appropriate measures upon detecting any business conduct violating the laws in using the Service by a User.
10.5. The Company may request the Sellers conducting promotion programs on GET IT to provide information about their promotion programs.
10.6. The Company may enforce any other rights and obligations under these Terms and Conditions and applicable laws.
11. Rights and Obligations of the Users
11.1. A User may register an account for use of the Service if the requirements set by the Company are satisfied, including but not limited to the requirements to neither post information nor trade prohibited products on GET IT in accordance with the Posting Policy.
11.2. The Users are entitled to purchase from and sell to each other any products in compliance with these Terms and Conditions and the applicable laws and are responsible for the transactions carried out by them.
11.3. A Buyer has the right to make a complaint against a Seller regarding any issues arising in connection with a transaction.
11.4. A Buyer has the right to request a statutory authority to protect his/her interests where a complaint is not satisfactorily resolved by a Seller.
11.5. A Seller is obliged to provide all information relating to a transaction on GET IT including but not limited to information on product characteristics, prices, terms of general trading, shipping and delivery, and mode of payment, certificate(s) of satisfaction of business conditions.
11.6. A Seller is obliged to provide certificate(s) of satisfaction of business conditions to the Company at its request when selling goods subject to conditions provided under the laws.
11.7. A Seller is obliged to ensure the accuracy and truthfulness of the product information provided on GET IT.
11.8. A Seller is obliged to comply with the laws on payment, advertisement, sales promotion, protection of intellectual property rights, protection of consumers' interests and other relevant laws when selling products on GET IT.
11.9. A Seller is obliged to ensure that it has complied with all applicable laws in relation to its promotion programs published on GET IT.
11.10. A Buyer and a Seller have other rights in accordance with the contract entered into between the Buyer and the Seller, these Terms and Conditions and the laws.
12. Transaction Process
Transactions of Users on GET IT will be conducted in accordance with the following process:
12.1. Post – The Seller will register his account on GET IT and upload the product he wants to sell on GET IT ("Post").
12.2. Screen – The Company will screen and evaluate the Post uploaded by the Seller. The Seller may check the status of the screening process in his "my tab" feature.
12.3. Sale – After passing the screening process conducted by the Company, the Post will appear in the list of products. From the Seller’s "my tab" feature, the Post will appear in the list of products that are in the process of sale. If any Buyer reserves the product offered in the Post, then the Seller may change the status of the Post to “Reserved” in his "my tab" feature.
12.4. Transaction – the Seller and the Buyer will directly contact each other via in-app chat or phone call, and will meet to sell and buy the product.
12.5. Completion – the Seller will change the status of the post to “Sale Completed” and select the Buyer whom he sold the product to. The Post will then disappear from the list of the Seller’s posts and there will be a push notification to the Buyer asking the Buyer to evaluate the Seller.
13. Payment Process
Payment for the sale of products will be made directly by the relevant Seller and the Buyer and by the payment method agreed by the Seller and the Buyer.
There is no payment function in GET IT and the Company will not be responsible for any payment to be made between the Seller and the Buyer.
14. Responsibilities of the Company in the Event of Technical Errors
14.1 The Company shall use its best endeavours to provide the best quality service to its Users. In case of a technical error, software bug or other objective errors resulting in the Users being unable to participate in a transaction, the Users shall notify the Company thereof at the following email address: support@get-it.me.
14.2. The Company shall not be liable if a User's notification could not reach the Company due to a technical error, transmission error, software bug or any other error not caused by the Company.
15. Contents
15.1. The Users may upload the Contents via the Service subject to compliance with these Terms and Conditions at all times.
15.2. If the Users wish to back-up the whole or part of any Contents, they shall be entirely responsible for such back-ups. The Company shall not undertake the obligation of backing-up any of the Contents.
15.3. When uploading the Contents, the Users grant the Company an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license (with the right to sublicense such Contents to third parties) to use, modify, combine, display, publish, reproduce, transmit and disseminate such Contents, in any medium and in any format, for: (a) the purposes of providing or operating the Services, or any services similar to, or related to, the Services; (b) for promotional, advertising and marketing purposes; and (c) any reasonably necessary ancillary purpose related to the foregoing; and (ii) warrants that the use of the Contents by the Company for any purpose set out in these Terms and Conditions shall not breach applicable law, and shall not infringe the intellectual property rights, or privacy rights, of any third party.
15.4. If the Company has a reason to believe that the User has violated applicable laws or provisions in these Terms and Conditions related to Contents, then the Company reserves the right to close the User’s account, remove the relevant Contents from the Service. The Company shall bear no liability of any kind to the User, in respect of the exercise of its rights under this clause.
16. Restrictions
The Users shall not engage in any of the following activities when using the Service:
16.1. activities that violate, or promote or encourage the violation of, any applicable law, court verdicts, resolutions or orders, administrative measures that are legally binding, these Terms and Conditions and/or Posting Policy;
16.2. activities that may hinder public order or customs;
16.3. activities that infringe, impair or defame: (i) any person’s intellectual property rights (such as copyrights, trademarks and patents); (ii) any person’s image rights; (iii) any person’s privacy or data protection rights; or (iv) any other rights of the Company and/or a third party granted by the applicable law;
16.4. including within any Contents or comments any: (i) grossly offensive material; (ii) violent or sexual expressions; (iii) expressions that lead to discrimination by race, national origin, creed, sex, gender, social status, family origin, etc.; (iv) expressions that induce or encourage suicide, self-harm, or drug abuse; or (v) anti-social expressions that include anti-social content and lead to the discomfort of others;
16.5. insulting other Users;
16.6. encouraging or leading anyone to self-injury or suicide;
16.7. activities that lead to the misrepresentation of the Company and/or any third party, or intentionally spread false information;
16.8. any activities deemed to be ‘spamming’ by the Company, in its sole and absolute discretion;
16.9. Comments containing explicit text, images, or videos that have sexual connotations;
16.10. activities such as: (i) using the Service or any Contents for sales, marketing, advertisement, soliciting or other commercial purposes (except for those explicitly approved by the Company in writing and in advance); (ii) using the Service for the purpose of sexual conduct or obscene acts; (iii) using the Service for the purpose of meeting a person for sexual encounters; (iv) using the Service for the purpose of harassment, or libel or defamation; (v) using the Service for hate speech; or (vi) using the Service for purposes other than the purposes permitted in accordance with these Terms and Conditions;
16.11. activities that benefit, or involve collaboration with, anti-social groups;
16.12. activities that are related to religious activities, or invitations to certain religious groups;
16.13. activities that illegally or improperly lead to the collection, disclosure, or provision of other Users’ personal information, registered information, User history, or the like;
16.14. activities that: (i) interfere with the servers and/or network systems of the Service; (ii) abuse the Service by means of BOTs, cheat tools, or other technical measures; (iii) deliberately use defects of the Service; (iv) make unreasonable inquires and/or undue claims such as repeatedly asking the same question beyond necessity; or (v) interfere with the Company's operation of the Service or Users' use of the Service;
16.15. activities that aid or encourage any breach of these Terms and Conditions or any Separate Terms and Conditions;
16.16. publishing personal data without a lawful basis for doing so, or any other breach of the GET IT Privacy Policy;
16.17. activities that offend any State , harm the national security, propagandize for wars and terrorism;
16.18. activities that disclose State secrets, military, security, economic or foreign relations secrets and other secrets as stipulated by law;
16.19. activities that advertise, propagandize, sell or purchase prohibited goods or services; disseminare prohibited works of the press, literacy, art or publications; and
16.20. any other activities that are inappropriate.
17. Representations & Warranties
In respect of products subject to conditions under applicable laws, the Sellers represent and warrant that they have satisfied all requirements for selling such products as provided under applicable laws.
Users represent and warrant that: (i) they are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) they are not listed on any U.S. Government list of prohibited or restricted parties, nor any sanctions list of any kind.
18. User Responsibility
18.1. The Users shall use the Service at their own risk, and shall bear all responsibility for their use of the Service.
18.2. The Company may take measures that are necessary and appropriate, if the Company considers that a User is using the Service in a way which violates these Terms and Conditions.
18.3. In cases in which the Company suffers any loss or damage, or incurs any expense (including, but not limited to, any applicable legal fees) directly or indirectly (including but not limited to cases in which the Company has received claims from a third party) as a result of, or in connection with, any negligent or willful violation or infringement of these Terms and Conditions by the User, the User shall, upon demand, indemnify the Company against all such losses, damages, costs, and expenses, and any reasonable legal fees.
19. Exclusion of Liability
19.1. The Service is provided “as is”. Descriptions of the Service are descriptions only and do not constitute a guaranty. Due to the nature of the Service, the Service (including the Contents) is not, and cannot be, entirely free from flaws (including, but not limited to, flaws relating to stability, reliability, accuracy, integrity, effectiveness, or fitness for certain purposes, as well as security-related faults, errors, bugs, or rights infringements caused by Users).
19.2. Nothing in these Terms and Conditions excludes or limits the Company’s liability for: (i) fraud or fraudulent misrepresentation; or (ii) death or personal injury caused by negligence.
19.3. The Company is not responsible for any transaction in which a User does not comply with the provisions of these Terms and Conditions or the laws.
20. Release
If a User has a dispute with other Users, the User releases the Company (including officers, directors, agents, affiliaties, employees of the Company) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
21. Notification and Contact
21.1. When the Company notifies or contacts the Users regarding the Service, the Company may use any method that the Company considers appropriate and is legal, such as posting information or notices on GET IT.
21.2. When a User notifies or contacts the Company in respect of the Service, the User shall contact the Company via email support@get-it.me.
22. Languages
Where these Terms and Conditions are presented in English and in Vietnamese, the English language version shall govern, to the extent that there is any inconsistency between the two.
23. Governing Law and Dispute Resolution
These Terms and Conditions will govern the relationship between Users. These Terms and Conditions and all disputes, controversies or differences which may arise between the parties hereto, out of or in relation to or in connection with these Terms and Conditions shall be subject to the laws of Republic of Korea and shall be finally settled by the Seoul Central District Court.
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Last Updated: November 23, 2018