<Chapter 1. GENERAL>

Article 1 (Objectives)

The Terms of Service outline the conditions and procedures for using all services (referred to as the “Services”) provided by the Korea Arboreta and Gardens Institute (the “KAGI”). They also detail the rights, duties, and responsibilities of both users and the KAGI, along with any other necessary information.

Article 2 (Effectiveness and Amendments)

• 1) The KAGI will provide the Services to users on the condition that they agree to these Terms. If a user agrees to these Terms, the KAGI’s provision and the user’s use of the Services will be governed primarily by these Terms.
• 2) The KAGI may amend these Terms as needed, as long as it complies with applicable laws and regulations. If any changes occur, the KAGI will promptly inform users by making the updated Terms available for review.
• 3) The amended Terms will take effect immediately upon notification. If a user does not agree to the changes, they may cancel their membership. However, if a user continues to use the Services for more than seven (7) days after the notification without expressing their refusal, they will be deemed to have accepted such amendments. The KAGI will not be responsible for any damages incurred by users due to a lack of knowledge about the amended Terms.

Article 3 (Supplementary Rules to the Terms) 

Any matters not specified in these Terms shall be governed by the provisions of the Framework Act on Telecommunications, Telecommunications Business Act, Information and Communications Review Regulations of the Korea Communications Commission, Copyright Act, and other relevant laws and regulations.

Article 4 (Terms and Definitions)

The definitions of terms used in these Terms are as follows:

• 1) User: A member who logs into the KAGI and uses the Services provided
• 2) Member: A person who accesses the KAGI, agrees to these Terms, and receives an ID and password, thereby qualifying to use the information and Services provided by the KAGI
• 3) ID: A combination of letters and numbers chosen by the Member and approved by the KAGI, used for identifying the Member and accessing the Services (only one ID is issued and may be used)
• 4) Password: A number that confirms the identity of the Member associated with their ID, consisting of a combination of letters and numbers chosen by the Member for their own confidentiality
• 5) Membership Registration: The process by which a member fills out the required information on the application form provided by the KAGI and agrees to these Terms, thereby completing the service contract
• 6) Membership Withdrawal: An expression of the Member's intention to terminate the service contract

<Chapter 2. PROVISION AND USE OF THE SERVICES >

Article 5. Formation of the Service Contract

• 1) Users who wish to become members indicate their agreement to the Terms of Service of the KAGI by clicking the 'I Agree' checkbox on the Membership Registration page.
• 2) Users who agree to these Terms must complete an authentication process as required by the KAGI. Those under the age of 14 are not eligible to register.
• 3) The service contract between the KAGI and the user is formed when the user completes membership registration by providing the required information in the form provided by the KAGI after undergoing the authentication process. The user acquires membership status upon approval by the KAGI.
• 4) The KAGI may suspend the formation of the service contract until the reason for any of the following conditions is resolved:
• ① There is a lack of capacity related to the Services
• ② There is a technical issue
• 5) announcements on the KAGI's website. If additional consent is required, the KAGI may request this consent via the email provided during membership registration.

Article 6 (Membership Registration and Withdrawal)

• 1) Membership registration is completed when the user finishes the agreement process for the Terms of Service and the registration procedure online.
  Membership must be completed using the user's real name, and the KAGI may verify the user's identity.
• 2) The KAGI may refuse to accept membership registration applications that fall under any of the following conditions:
• ③ If the application does not meet other membership requirements set by the KAGI
• 3) 3) The KAGI may cancel membership registration in one of the following cases:
• ① The application is submitted using another person's name
• ② The applicant is under the age of 14
• ③ False information is found in the service contract application form
• ④ The user interferes with another person's use of the Services or engages in activities such as stealing another person's information
• ⑤ The user engages in activities prohibited by law and these Terms while using the KAGI
• ⑥ The user intends to use the Services for profit-making purposes
• 4) If a member wishes to withdraw their intention to use the Services after registration, they can do so at any time through the “Membership Withdrawal” menu. The KAGI will process the withdrawal immediately.

Article 7 (Issuance and Change of Member ID, and Recovery of Member ID and Password)

• 1) The KAGI will issue a Member ID in accordance with the provisions outlined in these Terms.
• 2) Member IDs are generally not changeable. However, if a change is necessary due to unavoidable circumstances, the member must withdraw (terminate) their registration and re-register.
  Please note that canceled members cannot use the Services with their previous Member ID.
• 3) Members must promptly update their registered information if there are any changes. The KAGI is not responsible for any disadvantages that arise from a member's failure to update their information.
• 4) In the event of a lost member ID, the KAGI will provide a way to verify the Member ID after the user completes an authentication process.
• 5) In the event of a lost password, the user must complete an authentication process before setting a new password through the KAGI.

Article 8 (Consent to Use of Member Information)

The KAGI strives to protect members' personal information in accordance with its privacy policy and relevant laws, including the Personal Information Protection Act.

Article 9 (Member Information Security)

• 1) From the moment a member completes the membership registration process, they are responsible for maintaining the confidentiality of the information they provided. The member is also responsible for managing their ID and password, as well as for any consequences arising from the use of their ID and password.
• 2) If a member discovers that their ID or password has been used improperly, they must report it to the KAGI immediately. The member is solely responsible for any consequences resulting from their failure to report.
• 3) Members must ensure that they log out of the Services accurately at the end of each session. In public places, they should also close the web browser and take measures, such as deleting their usage history, to prevent their ID, password, and other personal information from being exposed to others.
• 4) The KAGI is not responsible for any damages or losses resulting from a member’s failure to properly log out, which may allow a third party to misuse the member's information.

Article 10 (Service Availability)

• 1) The Services are generally available 24 hours a day, year-round, unless there are operational or technical issues. However, certain days or times set by the KAGI for regular maintenance may be exceptions, and these will be announced in advance.
• 2) The KAGI may suspend the provision of the Services for reasonable reasons, such as a power outage or other circumstances that prevent the delivery of the Services.

The KAGI has designated the following individuals as the Chief Privacy Officer and the personnel responsible for handling matters related to personal information, in order to protect personal data and manage related issues.

Article 11 (Service Suspension and Notification of Suspension)

• 1) Members acknowledge that the KAGI will not be held responsible for the deletion or failure to store messages and other communications due to national emergencies, power outages, service facility failures outside the KAGI's control, or other force majeure events. This includes any failure to transmit messages or loss of communication data.
• 2) In cases of national emergencies, power outages, service facility failures outside the KAGI's control, or other force majeure events, the prior notice period may be reduced or waived. Additionally, the KAGI will not be responsible for any failure to store or deletion of messages and other communications, or for any loss of communication data resulting from such service suspensions.
• 3) If the KAGI needs to temporarily suspend the Services due to difficulties in providing normal service, it will notify users of the reasons and timing of the service suspension at least one (1) week in advance. The KAGI will not be responsible for any failure by users to acknowledge the notice during this period.
• 4) If the KAGI must permanently suspend the Services due to its own circumstances, it will notify users of the reasons and timing for the suspension at least one (1) month in advance. The KAGI will not be responsible for any failure by users to acknowledge the notice during this period.
• 5) The KAGI may temporarily modify, change, or suspend the Services after prior notice. The KAGI will not be responsible for any consequences related to these actions for users or third parties.
• 6) The KAGI may restrict or suspend a user's access to the Services without prior notice if the user engages in behavior that violates these Terms.

Article 12 (Information Provision and Promotion Materials)

• 1) The KAGI may provide various information to users through methods such as posting on the website or sending emails while operating the Services.
• 2) If a member does not wish to receive the information mentioned in the previous paragraph, they can set their preferences to opt out of receiving information through the Membership Application menu and the Edit Member Information menu.

Article 13 (User Code of Conduct and Service Usage Restrictions)

• 1) If it is deemed that the information provided by a member is false, or if there are reasonable grounds to suspect falsification, the KAGI may suspend part or all of the member's access to the Services. The KAGI will not be responsible for any disadvantages resulting from this action.
• 2) The KAGI may arbitrarily restrict or suspend a user's access to the Services if the user engages in behavior that violates the provisions of these Terms, including Article 15 (Member Obligations).

<Chapter 3. OBLIGATIONS AND RESPONSIBILITIES >

Article 14 (Obligations of the KAGI)

• 1) The KAGI is obligated not to engage in any actions prohibited by laws or these Terms, nor in any activities that contravene public morals, and to make efforts to provide the Services smoothly.
• 2) The KAGI will not disclose or provide any member's personal information, which it knows in connection with the provision of the Services, to any third party without the member's consent.
• 3) However, except in cases where there is a concern that the rights of the data subject or a third party may be unfairly infringed, the KAGI may use personal information for purposes other than those intended or provide it to a third party in any of the following situations:
• ① Separate consent has been obtained from the data subject
• ② There are specific provisions in other laws
• ③ The data subject or their legal representative is in a condition where they cannot express their intent, or if prior consent cannot be obtained due to circumstances such as being untraceable, and it is deemed necessary for the urgent protection of the life, body, or property of the data subject or a third party
• ④ It is necessary for purposes such as statistical compilation or academic research, and the personal information is provided in a form that cannot identify specific individuals
• ⑤ The use of personal information for purposes other than intended or its provision to a third party is necessary for carrying out duties prescribed by other laws, and it has undergone review and approval by the Personal Information Protection Commission.
• ⑥ It is necessary to provide personal information to a foreign government or international organization for the implementation of treaties or other international agreements
• ⑦ It is necessary for the investigation of crimes and the initiation and maintenance of prosecution
• ⑧ 법원의 재판업무 수행을 위하여 필요한 경우 ⑨ It is necessary for the enforcement of criminal penalties, detention, or protective measures
• 4) The KAGI will promptly handle any comments or complaints submitted by members if deemed valid. However, unless immediate resolution is possible, the KAGI will inform the member of the reasons and the timeline for handling the matter.
• 5) The KAGI must implement a security system to protect users' personal information (including credit information) to ensure that users can safely access the Services.

Article 15 (Member Obligations)

• 1) Members must accurately provide the information required during registration and keep their existing information up to date and correct. Additionally, members must not allow third parties to use their ID and password.
• 2) Members are not allowed to engage in any profit-making activities using the Services without prior approval from the KAGI.
• 3) Members may not use, copy, reproduce, modify, translate, publish, broadcast, or otherwise distribute any information obtained through the Services without prior approval from the KAGI.
• 4) Members are prohibited from engaging in the following activities through the Services:
• ① Theft of another person's ID or password
• ② Sending, posting, or transmitting content that is vulgar, obscene, insulting, threatening, or could invade another person's privacy through any means, including electronic mail
• ③ Disguising the source of content transmitted through the Services
• ④ Posting, transmitting, or sending content that cannot be used under laws or contracts through any means, including electronic mail
• 5) If the KAGI confirms that a member has violated these Terms, it may delete all user-related information without the member's consent.

<Chapter 4. MISCELLANEOUS >

Article 16 (Ownership of the KAGI)

• 1) The intellectual property rights and other rights related to the Services, including the necessary software, images, marks, logos, designs, service names, information, and trademarks, are owned by the KAGI.
• 2) Members may not modify, rent, lend, sell, distribute, produce, transfer, extend copyright, create security interests, or engage in commercial use of any part or all of the ownership rights specified in Paragraph 1 of Article 17, unless explicitly approved by the KAGI. Members may also not allow third parties to perform any of these actions.

Article 17 (Prohibition of Assignment)

Members may not assign or donate their rights to use the Services or any status under the service contract to others, nor may they use these rights as collateral.

Article 18 (Liability for Damages)

The KAGI shall not be liable for any damages incurred by members in relation to the free services provided, except in the following cases:

• 1) Criminal acts intentionally committed by the KAGI
• 2) Cases where the KAGI converts free services into paid services without the consent of the original provider
• 3) Cases where the KAGI intentionally violates Article 14 (Obligations of the KAGI) for the purpose of obtaining unjust enrichment

Article 19 (Disclaimer)

• 1) The KAGI is exempt from liability for the non-provision of the Services due to natural disasters or other force majeure events that hinder the delivery of the Services.
• 2) The KAGI is exempt from liability for any damages arising from necessary maintenance, replacement, regular inspections, construction, or other unavoidable circumstances related to service facilities.
• 3) The KAGI is not liable for any damages caused by the member's fault or negligence.
• 4) The KAGI is not obligated to represent the opinions or information expressed by members through its Services.
• 5) The KAGI bears no responsibility for any transactions involving goods or monetary exchanges that occur between members or between members and third parties via the Services, nor does it assume responsibility for any benefits that members expect to derive from the use of the Services.
• 6) The KAGI is not responsible for any benefits gained or damages incurred by a member in any circumstances based on the information contained in the Services.
• 7) The KAGI does not assume responsibility for the use of the Services provided for free, unless there are specific regulations in applicable laws to the contrary.

Article 20 (Jurisdiction)

In the event of a lawsuit arising from the use of the Services, South Korean law shall apply, and any disputes related to this matter shall be filed in the courts of South Korea.

Supplementary Provision (Effective Date): The Terms of Service shall come into effect on the date of their announcement

• 1. Purpose of Collecting and Using Personal Information: To register and manage KAGI memberships
• - Personal information is processed for the purposes of identifying users, preventing fraudulent use by unidentified individuals, preventing unauthorized access, verifying age, providing services to the public, handling civil inquiries, carrying out relevant duties, and preserving records for dispute resolution.
• 2. Items Collected and Used
• 1) Membership registration and management:Name, English name, organization, department, email address, mobile phone number, work address, work phone number
• 2) During the use of internet services, the following personal information may be automatically generated and collected.
• - IP address, cookies, MAC address, service usage records, visit records, records of improper usage, etc.
• 3. The Retention and Use Periods of Personal Information
• - Retention and use periods of member information: Until withdrawal
• 4. Data subjects may refuse consent for the collection and use of personal information. However, if refused, they will not be able to use the Services.