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Terms and Conditions of SHAKE services
Article 1 (Purpose)
Terms and Conditions of the SHAKE service(hereafter referred to as the Terms and Conditions) aim to stipulate requirements,such as necessary conditions, procedures, parties' rights and obligationsbetween the users who use the service provided by Paymaker System Zanzibar, theoperator, (hereafter referred to as the company) and the company.
Article 2 (Definition of Terms)
① Thedefinitions of terms used in the Terms and Conditions are as follows:
1. "SHAKE" means an electronicpayment method issued by the company or a third party designated by the companyas a means of storing (hereafter referred to as the reload) the monetary valuedefined by the company electronically and paying for goods or services at thefranchisees of SHAKE point or the franchisees of the affiliates involvedin the company.
A. Plastic card (when the companyprovides): a user can apply for or purchase the plastic card the company issueswhen signing up or through external distribution channels. A user can reloadwith, pay with, make a refund through the plastic card, etc. after getting aplastic card registered in SHAKE card application. A user can pay with theplastic card as much as the available balance you reload it with and the usercan pay with the plastic card through QR code, etc. of the card registered inthe application depending on the terminal support setting of a franchisee.
B. Points: users can reload with or use pointsin the application of SHAKE after signing up for membership. The users canreload with, pay with, make a refund of the points through the application of SHAKEPay. The users can pay with the points through QR code, etc. of the cardregistered in the application depending on the terminal support setting of a franchisee.
2. "SHAKE services (hereafterreferred to as the services) means all services, including retrieval of reload,payment, refund, and usage records etc. the company provides so that users canpurchase goods and services using SHAKE as a payment medium.
It refers to various services such as that.
3. Users of "SHAKEservice (hereafter referred to as the users) mean the persons who use theservices the company provides and are divided into members and non-members.
4. "Members" mean the persons whoinstall the application of SHAKE services on a mobile device and use theservices after agreeing to the terms and conditions and entering theinformation that the company requests and getting the approval of sign-up fromthe company 각 호, according to theprocedures the company set.
5. "Non-members" means thepersons who check the services without signing up for membership through identificationauthentication.
6. SHAKE application (hereafter referredto as the application) means the application software that the company or the affiliatesoperate so that users can use the services the company provides on mobiledevices, etc.
7. SHAKE franchisees (hereafter referredto as the franchisees) mean the facilities or the stores that provide the transactionservices of payment and reloading to users after applying for franchisee admissionand signing a franchise agreement with the company, according to the terms andconditions of SHAKE services.
8. “Reload” means transferring the monetaryvalue regarded as proportional to that of cash to SHAKE Point and storingit for use in purchasing goods and services, which includes the case ofpurchasing SHAKE Point.
9. "Payment" means the purchasingbehavior of goods or services with SHAKE Point at the company or thefranchisees of the affiliates.
10. "Refund" means returning thebalance recorded in SHAKE point to a user, according to the method andprocedure the company set and is divided into account refund and reloadcancellation.
A. "Account Refund": It meansthe transfer of the available balance or the amount involved in SHAKE tothe bank account of a user.
B. "Reload Cancellation":It means transferring the amount reloaded to the bank account of a user, accordingto the user's request for cancellation on condition that the user does not usethe amount reloaded until within 7 days after reloading the user’s account withSHAKE Point.
11. "Point" is a mobile SHAKEservice and automatically generated mobile when potential users sign up formembership and means the methods of reloading and payment used in theapplication.
12. "Point" means that it is givenfree to members according to the company's policy, on condition that the memberspurchase items, etc. at the franchisees or participate in promotional events,etc. by using the services. Members can use points accumulated above a certainstandard as a means of payment when using the services.
13. "Affiliates" means the businesspersonswho sign into a contract of separate service use with the company, such aspoint issuance affiliate agreement and application service provider(ASP) so that the affiliates canrun their businesses by using the services the company provides.
① The company will comply with the relevant laws and theterms and conditions related to SHAKE Point for those not specified inthis article among the terms used in the terms and conditions and for the restit will comply with common practices.
Article3 (Effectiveness and changes of terms and conditions)
① The terms and conditions takeeffect on the users who wish to use the services by installing the applicationon mobile devices, etc. and signing up for membership or by using the pointsissued by the company or by a third party designated by the company as amedium.
②The terms and conditions take effect when the company posts thecontents of the terms and conditions on the application screen or website, etc.(hereafter referred to as the application screen, etc.) or the company notifiescustomers by other means and then the customers agree to that.
③ At the request of a user, the company delivers a copy of theterms and conditions to the user by an electronic document, e-mail, fax, mailor in person (hereafter referred to as the electronic document delivery, etc.).
④Providedthat the company tries to change the terms and conditions, it will specify andpost the enforcement date and reason for the change on the application screen,etc. 30 days before the enforcement date. However, on condition that the termsand conditions are urgently changed due to a revision of law, etc., the termsand conditions modified will be posted on the application screen, etc. andnotified to users later through the electronic document delivery, etc.
⑤Ifthe terms and conditions are changed unfavorably to users, the users may benotified individually by e-mail, mobile phone text message or PUSH, etc.(hereafter referred to as the e-mail delivery, etc.). In this case, oncondition that it is difficult to notify the change of each user individuallylike as a user did not enter his/her contact information or did not notify thecompany of the contact information in advance, the company will notify itthrough the application screen, etc. and consider this as an individualnotification.
⑥ Users may stop using the services and terminate a serviceuse contract with the company if the users do not agree to the terms andconditions modified, according to Paragraph 4 of this Article. However, oncondition that a user does not explicitly express his/her intention to refusethe change in the terms and conditions until the day before the applicationdate of the terms and conditions modified, the company will consider this asimplicit consent to the change in the terms and conditions by the user andapply the terms and conditions modified.
Article4 (Rules other than the Terms and Conditions)
For the matters not specified in the terms andconditions, the company complies with relevant laws, such as the Regulation of Termsand Conditions Act, the Electronic Financial Transactions Act, the Informationand Communication Network Promotion and Information Protection Act, Acton the Use and Protection of Credit Information, theCommunications Secret Protection Act, TelecommunicationsBusiness Act, other terms and conditions for which thecompany signed a contract with users, detailed guidelines and commercialpractices for each service the company set.
Article 5 (Application for ServiceUse)
① On condition thata user applies for the use of the services by filling out the user informationon the form provided by the company after installing the application on amobile device and expressing his/her intention to agree to the terms andconditions, a service use contract will be made between the user and thecompany by the company approving this application.
② The companymay reserve an approval or cancel the service use contract for the cases ofapplication for service use relating to the following subparagraphs.
1. Provided that it is impossible to providethe services due to technical, security or facility problems
2. Provided that a false application is madelike using someone else’s name other than his/herown one
3. Provided that a user makes an applicationby missing or miswriting the matters to be entered in the application form thecompany requires.
4. Provided that a user makes an application againstthe law or to hinder public order or good and laudable customs or for thepurpose of hindering public order or good and laudable customs.
5. Provided that a user who has been suspendedfrom the use of the services by the company pursuant to Article 9 terminatesthe service use contract at will and reapplies for the service use contractduring the suspension period.
6. Provided that a user has theexperience that this service use contract has been terminated by the company dueto a violation of the terms and conditions, etc. in the past.
7. Provided that other requirements forapplication for service use that the company set are not met.
③ A user can applyfor service use by each additional service the company provides and theapplication procedures and the qualifications for application of the user are basedon the notice of the application screen.
④ A user may have alimit in part of the use of individual services depending on his/herqualifications and qualifications and scope of use of services may be subjectto change depending on service changes, such as a transfer of titles of mobiledevices, etc., including mobile phones or cancellation of a phone plan.
Article 6 (Use, change and stop ofservice)
① A user canimmediately apply for and use the services according to the procedures set by thecompany and the qualifications granted by the company. However, the scope ofuse of SHAKE Point for which a user is issued may be limited depending onwhat the company posts on the application screen, etc. in advance.
② The company makesit a rule to make the use of the services possible 24 hours a day all yearround. However, the company may restrict, change or suspend all or part of theservices to a user for the following subparagraphs.
1. Provided that there is adisability in the normal use of the services due to power outage, facilityfailure or heavy usage of the services, etc.
2. Provided that it is inevitable due tofacility inspection, repair and development, etc. for the normal use of theservices, etc.
3. Provided that the company cannot maintainthe services due to the service operation of the company, situations at work orlegal obstacles, such as termination of a contract with the affiliates or thesubcontractors of the company, etc.
4. Provided that there are other force majeurereasons, such as natural disasters, national emergencies, etc.
③ Provided that thecompany restricts, changes and suspends the services, the company will notifyusers of the reason, date and time, period and etc. in advance through theapplication screen, etc. However, provided that it is impossible for thecompany to notify one of those situations in advance due to the reasons beyondthe control of the company like a disability of facilities that occurs without theintention or negligence of an operator, the company will notify it later.
Article 7 (Load and Reload)
① A user can load his/heraccount with the value concerned by the user providing cash or the monetaryvalue regarded by the company as proportional to that of cash to the companyand by the company directly storing cash or the monetary value in SHAKE throughthe application or offline franchisees, etc. The company or the third partydesignated by the company can charge a small fee in some cases when providingreload services.
② Reload servicesmay be restricted depending on each franchisee of SHAKE or reloadfunctions may be restricted depending on the type of affiliation service.
③ Provided thata user reloads his/her account in SHAKE due to the negligence of the user,the user will bear the expenses within the scope of the actual expenses.
④ The companycan provide users with automatic reload services according to the followingsubparagraphs.
1. Reloadhis/her account with the amount set by the user with apre-selected payment method, if the balance of SHAKE drops below orless than the minimum balance designated by a user.
2. Reload the amount setwith a pre-selected payment method on a specific date set by a user (Providedthat there is a limit to the amount to be reloaded with in SHAKE under thecompany’s policy, reload is restricted.)
⑤The company does not pay intereston the amount to be reloaded with IUSHAKE Point.
Article 8(Refund and expiry date, etc.)
① The company canset an expiry date for SHAKE in advance asfollows and users can use SHAKE only before the expiry date the companyset.
1. As for Point
- A user can apply for an extension of the expirydate to the company before the expiry date and the company extends the expirydate on a yearly basis unless there is a special reason. A total of 3 years.
However, on condition that it is impossiblefor the company to extend the expiry date as the user applied for the extensionbefore the extinctive prescription has been completed, the balance the userpurchases or reloads with will be refunded.
2. As for plasticcard (when a user uses), the user cannot apply for an extension of the expiry datebefore the expiry date to the company and the company may reissue a plastic cardat the request of a user after notifying the user that the plastic card is dueto expire soon before the expiry date according to the company's policy andconfirming the renewal intent of the user.
③ The companynotifies users more than three times through the application, etc. of theexpiry date to come, whether the expiry date can be extended or not through theapplication, etc. and the method to extend the expiry date, etc., including thenotification seven days before the expiry date. For example, if two years havepassed since the company notified a user of the three-year expiry date to come,the company may extinguish the Points the user has.
④ The companyrefunds the entire balance of SHAKE without deducting fees for thefollowing subparagraphs. However, if a user requests a refund due to the simplechange of mind of the user or requests a refund for part of the balance notfalling under any of the following subparagraphs, the company may refuse to refundor refund after deducting fees.
1. Providedthat a user requests a refund for all of the amount of reload/purchase within 7days from the date of reload/purchase of SHAKE.
2. Provided that it is impossible for afranchisee to use SHAKE on the ground that the franchisee is difficult toprovide goods or services due to natural disasters, etc.
3. Provided that a franchisee is unable toprovide goods or services due to a defect in SHAKE.
4.Provided that a user requests a refund of the balance after using 60% or more(80% or more in the case of KRW 10,000 or less) for the purchase of goods orservices based on the balance at the time of purchase or final reload.
⑤ Refunds maybe restricted if technical or facility problems, such as facility inspection,poor communication lines, stabilization and repair work, etc. occur or if it isjudged to be a refund for cash loan purposes, etc. In that case, the companynotifies users of separate refund procedures and methods through the applicationscreen, etc.
⑥ SHAKEthat is provided free of charge through events, etc. is excluded from therefund list and is not included in the calculation of the amount used in subparagraph4 of paragraph 4 of this Article. In addition, if the company refunds thebalance of SHAKE in this Article to users, the balance of SHAKEprovided free of charge will be invalidated.
⑦ If is statedthat an expiry date is impossible to be extended according to the product guideof SHAKE Point to each individual or if an expiry date is not extended bythe company, it is impossible to extend the expiry date of SHAKE.
⑧ In the caseof SHAKE where the expiry date ran out but the extinctive prescription hasnot been completed, a user may request the company to return 90% of the balanceof SHAKE Point.
⑨ The companyis not responsible for any damages caused by a user incorrectly designating the account in which the user applies for arefund.
Article 9 (Restriction and Suspensionof Service and Termination of Contract)
① The company may restrict or suspend the use of the servicesof a user without prior notice, if the user falls under any of the followingsubparagraphs and terminate the service use contract with the user ex-officio.The company may restrict or suspend the use of the services of a user withoutprior notice, if the user falls under any of the following subparagraphs andterminate the service use contract with the user ex-officio.
1. Provided that a user uses the services using personalinformation, such as someone else’s name, etc. or interrupts the service use ofsomeone else.
2. Provided that a user engages in acts against laws, publicorder or good and laudable customs, using the services.
3. Provided that a user uses the services for abnormalpurposes, such as cash loan, etc.
4. Provided that a user does not stop the offense even afterthe user received the correction request or the sanction of the company inviolation of the obligations of user stipulated in the terms and conditions.
5. Provided that a user acquires or uses SHAKE Point inthe manner that the company could not admit.
6. Provided that it is admissible that other companies need torefuse the provision of SHAKE Point services based on rational judgments.
② A user can apply for termination of the serviceuse contract according to the cancellation procedures the company set. However,provided that a user terminates the service use contract, the benefits (points,coupons and etc.) held by the user by free gift will be extinguished accordingto the company's policy. A user can terminate service use contract aftergetting a refund for the benefits (points, coupons and etc.) held by the user ata cost.
③ Provided that the member who has terminated the service usecontract wishes to rejoin, it may be impossible that the member signs up again fora certain period of time according to the company's policy and the benefits(points, coupons and etc.) held by the member before the termination of theservice use contract will not be linked to a new account of the member.
④ Provided that a member repeats withdrawal and rejoin forillegal or abnormal purposes, it may be impossible that the member sign upagain according to the company's policy.
Article 10(Use and Termination of Additional Services)
① Details ofadditional services, membership procedures, usage fees and conditions, etc. arebased on the notice for each additional service on the application screen.
② The point in time of when each additional service will be launched and beavailable may be different and the company notifies users of the point in timeof service availability through the notifications on the application screen,etc. or the notice for each additional service.
③ The usage fees for each additional service are subjectto change for the reasons of rise in costs or other ones and the companynotifies users of the change through the application screen, etc. or the noticefor each additional service.
④ A user can applyfor termination of individual additional services according to the terminationprocedures the company set and the company immediately processes theapplication for termination of services of a user unless there are special reasons.
Article 11 (Obligations of thecompany)
① Unless there are special reasons, the company shallprovide the services a user requested continuously and stably as prescribed bythe terms and conditions.
② The companycomplies with relevant laws, such as the Regulation of Terms and ConditionsAct, the Electronic Financial Transactions Act, the Information andCommunication Network Promotion and Information Protection Act, Acton the Use and Protection of Credit Information, the CommunicationsSecret Protection Act and the Telecommunications Business Act, etc.
③ Provided that the company has anything tonotify a user of, the company can notify the user of the thing individually bycable or e-mail, etc. However, in the case of notification to an unspecifiednumber of users, the company can replace the individual notifications byposting them on the application screen, etc.
④The company is responsible for compensating theuser for the damages caused by a third party using the access medium after auser receives the loss or theft of access media, such as SHAKE Point ormobile devices, etc.
⑤ The company is liable fordamages caused by forgery or alteration of access media, electronictransmission of contract conclusion or transaction instructions, electronicdevices for electronic financial transactions, or access medium that isobtained by intrusion into information and communication networks with falseand illegal methods under Article 2 (1) 1 of the Act on Promotion ofInformation and Communication Network.
⑥ Notwithstanding paragraph ⑤, the company mayhave the user bear all or part of its responsibility for damages incurred tothe user due to any of the following reasons.
1. In the casewhere the user lends the access medium to a third party, delegates the use, orprovides it for transfer or security purposes.
2. In a casewhere the user leaks, exposes, or neglects his/her access medium even though athird party knew or could easily recognize that he/she could conduct electronicfinancial transactions using the user's access medium without authority.
3. In the eventof damage to a user who is a corporation (excluding small businesses pursuantto Article 2 (2) of the Framework Act on Small Businesses), the company hasfulfilled its responsibility required duty of care, such as establishingsecurity procedures and thoroughly pursue it to prevent accidents.
4. In the eventof an accident under Article 9 (1) 3 of the Electronic Financial TransactionsAct occurs because the company requested additional security measures forelectronic financial transactions to strengthen security other than Article 6(1) of the Electronic Financial Transactions Act, but the user rejected thecompany's request without justifiable reasons.
5. In the eventthat an accident under Article 9 (1) 3 of the Electronic Financial TransactionsAct occurs as the user acts under any of the following items regarding media,means, or information used for additional security measures under subparagraph5.
A. The act ofleaking, exposing, or neglecting to a third party.
B. The act oflending or delegating the use thereof to a third party
C. Actstransferred to a third party or provided for the purpose of security
⑦. In spite ofparagraphs ⑤ to ⑥, the company shall take precedence overother laws and regulations that may be applied in favor of users.
Article 12(User's Duty)
① Users mustprovide or register information that matches the facts when providing orregistering all necessary information for service use, and immediately registerchanges in case of changes, know that the company is not responsible for anydisadvantages caused by the user's failure to provide accurate and up-to-dateinformation to the company.
② Usersare responsible for managing e-mail accounts and passwords registered forservice use, and the company is not responsible for any disadvantages caused bynotifying email accounts or passwords to others or negligence to manage them.
③ Users mustimmediately change their password and notify the company of the loss of accessmedia such as SHAKE or mobile devices used to use the service, or if ane-mail account registered for service use is illegally used.
④ Users shouldmanage to maintain normal operation of mobile devices, and the company is notresponsible for any damages that occurs to the users caused by the failure toprovide services normally due to abnormal operation of mobile devices.
⑤ Users shallnot do a deed in any of the following acts when using the service.
1. The act ofwriting false information when applying for or changing the use of a service.
2. The act ofpretending to be another person using the personal information of anotherperson and the act of falsely specifying the relationship with another person.
3. act ofdamaging or disadvantaging the reputation of others.
4. act ofdistributing information, etc. that violates laws, public order, and good andlaudable custom to others.
5. The act ofdistributing false information for the purpose of giving property benefits tooneself or others or causing damage to others.
6. The act ofregistering or distributing computer virus infection data that causesmalfunction of service-related facilities, information destruction, and systemconfusion.
7. The act ofunauthorized use or leakage of the personal information of another personacquired in connection with the use of services.
8. Other actsthat violate laws or are unfair.
⑥ Users shallcomply with relevant laws, regulations on these terms and conditions, otherterms and conditions signed by users, announced guidance and precautions forthe services on the application screen, and other matters notified by thecompany, and shall not interfere with the company's business.
⑦ Users are notallowed to engage in business activities using the service, and the company isnot responsible for any disadvantages to users. If this causes disadvantages toa third party, the user will be fully responsible.
⑧ Users mustcooperate with the company so that the company can provide services safely, andif the company finds a violation of the user's terms and conditions andrequests the user to explain the violation, the user must actively comply withthe company's request.
⑨ If the companysuffers various disadvantages or damages such as claiming damages, applying forpreservative measure, or filing a civil complaint from a third party due toillegal activities or violations of these terms and conditions by users inusing the service, the user shall compensate the company.
Article 13(Providing information and posting advertisements)
① In operatingthe service, the company can display various information related to thecompany's service or advertisements from the company and its affiliate companieson the service screen, such as the application screen.
② Communicatingor trading with advertisers by using advertisements posted on the servicescreen or participating in promotional activities through services is entirelya legal relationship between users and advertisers and has nothing to do withthe company. If any problem occurs between the user and the advertiser, theuser and the advertiser must solve it directly, and the company is not liablefor this.
Article 14(Collection and Correction of Transaction Details Information)
① According tothe relevant laws or user's consent, the company can collect and preserveminimal transaction details such as SHAKE, transaction date, transactionamount, terminal and merchant information necessary for the settlement,confirmation, and error correction when users use SHAKE to purchase goodsand using service.
② Users cancheck the transaction details of SHAKE through the transaction detailsinquiry service on the application screen, and for anonymous SHAKE ornon-members, searching for the transaction details may be restricted. If ananonymous SHAKE user or non-member wants to check the details of thetransaction, the company may request a separate form.
③ If a userfinds an error in the transaction details he/she has confirmed, he/she mayrequest correction through the contact information listed in Article 18 ① of this Terms and Conditions.
④ The companyreviews the transaction details within two weeks of receiving a request fromthe user to correct the transaction details and notifies the user of theresults.
Article 15(Protecting and handling users' personal information)
① Regarding allmatters related to the collection, use, and provision of users' personalinformation, company will comply the items that relevant laws and regulations suchas the Electronic Financial Transactions Act, the Information and CommunicationNetwork Promotion and Information Protection Act, and the Credit InformationUse and Protection Act determined and also endeavor to protect user’s personalinformation or credit information.
② In order toprovide services optimized for the needs and convenience of users, and toconduct marketing for the user's convenience, such as new products, eventinformation guidance, and surveys, the company can utilize the user's personalinformation or information that is related with service usage collected withthe user's consent during the conclusion of the service usage contract. However,if the information exceeds the scope of the user's consent or intends toprovide it to a third party, prior consent must be obtained from the relevantuser, and in this case, the user may refuse the company's request for consent.
③ The company isnot responsible for any information exposed to the outside world due to reasonsattributable to the user.
④ The companycan provide services through partnerships or consignment with externalcompanies to provide better optimized services to users, and when entrustingusers' personal information to affiliate companies and business agencies, itcomplies with relevant laws such as the Personal Information Protection Act.
Article 16(Protection of Intellectual Property Rights)
① Allintellectual property rights, such as copyrights and patents related tophrases, design and service contents posted on the application screen providedto users, are owned by partners such as the company and affiliate companies.
② Users cannotuse information obtained from the service for profit through publication,broadcasting, distribution, reproduction, or other means without prior consentfrom the company, and cannot provide or hand over its right of usage to a thirdparty.
③ The user mustcompensate for any damages caused by infringement of the intellectual propertyrights of the partner companies, such as the company or affiliate companies.
Article 17(Exemption from liability)
① In the eventof a dispute between the affiliate companies and the user due to the membershipservice provided by the affiliate companies, the company is not obligated tointervene and is not liable for damages caused by the dispute. In addition, thecompany is not involved in transactions such as products between affiliatecompanies and users, and is not responsible for this.
② The company isnot responsible for any disability in using the service due to reasonsattributable to the user.
③ The company isnot responsible for the loss of profits expected by users while using theservice, and is not responsible for any other damages caused by data obtainedthrough the service.
④ The finaljudgment on the information obtained using the services and services providedby the company must be made by the user himself/herself, and the responsibilitylies entirely with the user himself/herself, and the company is not liable forany damages caused by it.
⑤ The company isnot responsible for users' negligence in managing their personal information,account information, registration information, etc., such as loss or theft ofmobile devices, and for someone(not the user) inquiring about users'transactions or using this service.
Article 18(Resolution of Civil Complaints and the competent court)
① Users canpresent their opinions through the company's contact information below if theyhave legitimate opinions or requirements regarding the use of the service (receivinga loss report, inquiring about a refund, receipt, etc.).
1. Company name :ARON Tanzania
2. E-mailaddress : t.t.kim@hotmail.com
② If a user'scomplaint related to the service is received, the company will promptly handleit, and if it is difficult to handle it quickly, the reason and processingschedule will be notified to the user.
③ In the eventof a dispute between the company and the user regarding the use of the service,the company and the user faithfully negotiate to resolve the dispute. However,if the dispute is not resolved despite consultation, both parties may file a lawsuitwith the competent court under the Civil Procedure Act.
Bylaw
Article 1 (Enforcementdate)
These terms and conditions will take effect on January 1,2022.