Article 1. Scope
Article 2. Key Terms
① “BNBHERO” means a website or virtual online marketplace made by the “Company” allowing the “users” to rent “rentals” listed by “lessors” or the service provider itself.
② “User” means anyone using “BNBHERO”, including “regular member”, “pre-member” and “nonmember.”
③ “Pre-member” means Natural or legal persons and business partnerships that have registered through procedures set by the Company, who are regularly updated on “BNBHERO” service and has the right to continually use services provided by “BNBHERO”, be a “lessor” or “lessee.”
④ “Regular member” means those among “pre-members” that have finished user verification steps set by the Company, who has full permission to take part in commercial activities regarding the “rentals.” “Regular members” and “pre-members” are collectively referred to as “members.”
⑤ “Lessor” means those among “users” that have listed “rentals” on “BNBHERO”.
⑥ “Lessee” means those among “users” that lease “rentals” on “BNBHERO”.
⑦ “Rental” means any real estate, product, or service enlisted on “BNBHERO” for renting in accordance with “BNBHERO”’s registration process.
⑧ “Contents” means any writing, picture, video, member profile, etc that “lessor” or “lessee” has published online to lease “rentals”.
⑨ “Lessor fee” means a small charge the “lessor” has to pay “BNBHERO” subsequent to closing of a rental agreement.
① The “Company” publishes the following information on the front page of the website for users’ reference: “Terms”, name of the company and CEO, physical address (including customer center address), phone number, e-mail address, business registration number, online sales registration number, privacy manager, etc. Specific contents of the “Terms” may be displayed in a separate page linked to the front page.
② The “Company” reserves the right, at its sole discretion, to modify the “Terms” if not violating 「Act on the Consumer Protection in the Electronic Commerce Transaction, etc」「Regulation of Standardized Contracts Act」「Act on the Promotion of Information 」「」「」「」「」「」「」
Digital Signature Act, information communication network, door-to-door sale, etc, without violating relevant laws, at any time and without prior notice.
③ If BNBHERO modifies this “Terms”, it will provide the modified “Terms” along with current “Terms” on the front page of the website for 7 days prior to the application, including the effective dates and the reasons for modification. “BNBHERO” will also provide e-mail notifications of the modified “Terms” to the “users”, and if the “user” does not object within 4 weeks, the user is indicating that the user agree to be bound by the modified “Terms”.
Article 4. Services
① “BNBHERO” does the following work:
1. Provide information and related services on goods and services
2. Other services provided by “BNBHERO” for “users”
② “BNBHERO” makes available a platform or marketplace with related technology for “lessor” and “lessee” to post “contents” to rent “rentals”, and does not directly produce the “contents” itself. Therefore, each “user” that created the “contents” is fully responsible for the “contents”.
③ If “BNBHERO” modifies the range of services it contracted to provide due to lack of resource or technological change, we will immediately notify the user via registered email address.
④ In the case of the preceding provision, “BNBHERO” will compensate for the damages that have been proved to be caused by such reasons, except for when “BNBHERO” proves to be unintentional or fault-free.
⑤ The “user” is responsible to archive on a storage medium independent of “BNBHERO” the visible information on the website and information stored by “BNBHERO”, which they deem necessary for their own purposes of evidence, accounting, etc.
⑥ “BNBHERO” shall not provide a differentiated service to different “users”.
Article 5. Temporary Termination
① Service Period is from the day your service request is accepted to the time of service termination.
② “BNBHERO” has the right to temporarily shut down the service in case of technological inspection, fix and repair, interruption in communication, etc. In such cases, BNBHERO will notify the shut down and the reason on the front page of the website.
③ If “BNBHERO” terminates the service due to change in business, cessation of business, merger and acquisition, etc, “BNBHERO” will notify the user as stated in Article 8 and compensate as previously determined. If “BNBHERO” had not explicitly notified the standard of compensation; however, “BNBHERO” will exchange the user points to corresponding kind or cash.
Article 6. Registration and Verification
② “BNBHERO” shall allow all “users” that has registered according to the preceding provision to be “pre-member” of the service except when:
1. The “user” has registered false information,
2. “BNBHERO” determines it to be difficult to register the “user” as “pre-member” due to technological issues.
③ The user contract goes into effect from the point when the user receives the user approval from “BNBHERO”.
④ The user is obligated to notify “BNBHERO” of any changes in the registered user information via e-mail or any other method.
⑤ “Pre-member” has to first go through the “BNBHERO” verification process and become a “regular member” before the user can make or get payments for rentals.
⑥ The verification process to become a “regular member” can be modified without prior notice; and the existing “regular member” has to go through the modified verification process as well in order to maintain the “regular member” status.
Article 7. Termination and Account Cancellation
① The user may terminate the user contract at any time by requesting to “BNBHERO”. The user, however, must complete, withdraw, or cancel all existing transactions before notifying the termination, and is fully responsible of loss resulting from transaction withdrawal or cancellation. The user is fully responsible of loss resulting from the termination. The company has the right to collect any benefit provided to the user upon termination of membership.
② “BNBHERO” may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: deactivate or suspend your BNBHERO account if:
1. The “user” entered misleading information during registration process
2. The “user” does not comply with a payment obligation in whole or in part
3. The “user” violates online commerce regulation, e.g. interrupt other transactions, and plagiarize users’ information
4. The “user” violates obligations in this user contract or relevant laws
5. The “user” exchange contact information with other users and transact outside “BNBHERO”, lead other users outside “BNBHERO”, or the lessor randomly cancel the rental contract
6. The “user” violates Article 9 of the “Terms”
③ “BNBHERO” may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: terminate your BNBHERO account if:
1. The “user” repeats the action that caused deactivation or suspension of user’s account or does not remedy the action within 30 days
2. The “lessor” enlists and leases a “rental” without appropriate rights of use
Article 8. Notices
① Any notices or other communications may be given by “BNBHERO” via e-mail (in each case to the address that the user provide).
② Any notices to unspecified users can substitute individual notifications by posting to the Site for more than 1 week. Notices critical to member transactions, however, will be notified individually.
Article 9. Rights of Use
② The user is obligated to observe relevant laws when using “BNBHERO” website. For those renting in urban areas of South Korea without a valid lodging business license, please observe urban homestay law for foreign tourist that went into effect in December 30, 2011. The following summarizes the homestay law taken from Tourism Promotion Act Section 6 Article 2 ‘Ka’, Tourism Promotion Act Enforcement Rules Article 14 and Annex 2. A person living in a single-family home, multifamily home, apartment or townhouse (less than 230㎡) in urban area could provide food and lodging to foreign tourists for family culture experience in Korea by obtaining a permit from county, city, or Special Self-Governing Province. The host must be the resident of the provided lodging and must be capable to provide such services to foreign guest. The guest is limited to be foreigner. Please refer to Tourism Promotion Act at the national law information center for more information.
③ The user is legally responsible for the information he writes on “BNBHERO”.
④ The user content stored by “BNBHERO” may not be reproduced or distributed without prior consent of the respective owners; however, the user content may be copied in the way of search engine technologies or via other automatic mechanisms.
⑤ The user acknowledge and agree that, by accessing or using the site, the user is indicating that the user have read, and that the user understands and agree to be bound by these terms. Loss or damage resulting from failing to acknowledge the terms is the sole responsibility of the user.
⑥ The “user” is obligated to use the payment method of his own billing information, and may not use a third party billing information. The “user” is fully responsible for losses and damages that occur from using a third party billing information.
⑦ The user is solely responsible for charges and disadvantages resulting from the billing information that the user provided for payments.
⑧ The company reserves the right, in its sole discretion, to obtain a pre-authorization to check appropriate rights of the user to the payment method, and to suspend or cancel the transaction until the payment method is authorized.
⑨ In case a minor makes a transaction, the minor himself or the legal agent has the right to cancel the contract if the legal agent does not agree to the contract.
⑩ The “lessor” is solely responsible to pay applicable Tax requirements regarding “rentals”.
⑪ The “lessor” is obligated to lease the corresponding “rental” for the period specified on the contract. For this reason, the “lessor” and the “lessee” make an agreement on necessary details (rental location, rental time, etc) upon contract.
⑫ Rental contents for “rentals” may not infringe the rights of third parties. These contents must be limited to description of the corresponding “rental”; contents unrelated to the corresponding “rental” or advertisements are prohibited.
⑬ The “user” may not exchange personal contacts or links to other contents, prior to entering into a contract.
⑭ In the event of an agreed cancellation option, the current, contracted conditions shall apply.
Article 10. Contents
① “BNBHERO” has the right to store data and database provided by the user, i.e. the right to archive the content in any form and in particular to digitize it for database entry and save it on all known storage media and on any medium, and to connect it other work or work parts.
Article 11. Contract, Commissions, Cancellation
① The “lessee” may start the contract for renting at specific dates by clicking “make a reservation” button on the website. The rental contract goes into effect if the “lessor” approves the reservation within 24 hours on “BNBHERO”.
② The “lessee” pays the “lessor” the total rental payment including the total rental fee and the “lessee fee” at the time making the reservation. Payment can be made using one of the payment methods “BNBHERO” authorizes: credit card, PayPal, etc. The rental payment made by the “lessee” is first held by “BNBHERO”’s escrow account until being paid out to the “lessor” by the payout method chosen by the “lessor” either on the date the “lessor” designated or a day after the rental period begins. If the “lessee” fails to pay the total amount upon contract, “BNBHERO” may require additional fees. The “lessor” may only charge the “lessee” for the specified items on the rental contract.
③ “BNBHERO” does not charge enlisting “rentals”: however, should a rental contract be concluded between a “lessor” and a “lessee”, the “lessor fee” is deducted from the rental payment before being paid out to the “lessor”.
④ The user is prohibited to make a rental contract on “BNBHERO” without paying the “lessor fee” or “lessee fee”.
⑤ The current “lessor fee” or “lessee fee” is available at the “BNBHERO” website.
⑥ In case the “lessee” cancels an existing rental contract, the “lessee fee” is nonrefundable.
⑦ In case the “lessor” cancels an existing rental contract, a penalty may be charged to the “lessor.” The “lessee fee” borne by the “lessee” is refundable in this case.
Article 12. Evaluation
① The website allows the “users” to evaluate each other or the “rental” after renting an “rental”. The evaluations are not reviewed by “BNBHERO” and may be inaccurate or misleading.
② The “user” is obligated to only make truthful statements in his evaluation and comply with the law. The views expressed by him may not injure third party rights, nor, in particular, infringe on personality rights. They must be objective and must not contain defamatory criticism.
③ Any use of the evaluation system contrary to the purpose of the evaluation system is prohibited. It is specifically prohibited for “users” to write evaluations about their own “rentals” or to arrange for third parties to incorporate circumstances into situations that are unrelated to the settlement of the underlying contracts or evaluations for any other purpose than the trade on the website.
④ “BNBHERO” does not intervene in the evaluation system. Evaluations are neither altered nor removed by “BNBHERO”. Evaluations cannot be altered after they have been posted. They are stored permanently in the feedback profile of a “user” and can be viewed by all “users”. “Users” can be held legally responsible for the damage to the reputation of another “user” if feedback contains vulgar, obscene, racist, not permissible for minor or criminal offensive comments. Since “BNBHERO” neither sensors nor reviews evaluations for accuracy, “BNBHERO” cannot be held legally responsible for posted comments, even if those comments are defamatory.
⑤ Should there be an abuse of the evaluations by a “user”, “BNBHERO” has toe optional right to remove the evaluation. This is especially true if:
1. the evaluation must be removed because of an enforceable court decision against those who have created the post;
2. the comment contains vulgar, obscene, racist, not permissible for minors, or criminally offensive remarks;
3. the evaluation contains another “user’s” personal information, which includes, for example, name, address, phone number, or e-mail address;
4. the evaluation contains link or scripts;
5. a “user” has inadvertently posted a negative evaluation to another “user”, has however already fixed this error and assigned the same evaluation to the correct “user”;
6. the evaluation has been made by a minor at the time of the transaction or posting the evaluation
7. the evaluation is from “users” whose account has been terminated by “BNBHERO.” For accounts that have been reinstated, the evaluation cannot be removed.
⑥ If both parties agree, they can retract the posted evaluation online. The evaluation post will be removed and does not enter into account’s evaluation profile. The comment will be retained and expanded to include a reference to the withdrawal.
Article 13. Duration, Termination
① The “user” contract to “BNBHERO” runs for an indefinite period of time.
② The “user” may terminate the “user” contract at any time without notice. A termination notice to “BNBHERO” in writing is sufficient. “User’s” already existing proven or brokered rental contracts with other “users” remain unaffected by the termination of the agreement. The same applies for commission claims already due.
③ “BNBHERO” is not liable for slight negligent breach of accessory obligations (“Nebenpflichten”), which are not essential accessory obligations found in the abovementioned clause 14.2.
④ The abovementioned exclusions of liability do not apply to fraudulent concealment or acceptance of a guarantee of quality, or for the liability of claims on the basis of product liability and for damages resulting from injury to life, body and health. A change in the burden of proof to the detriment of the user is not hereby connected.
⑤ “BNBHERO” shall only be liable for the recovery of data only if the “user” regularly and with caution made backup copies, which were kept in a safe place, and it is ensured that the data can be reconstructed from these backups at a reasonable cost. In this case, the “user” carries the burden of proof. Any further liability for data loss is excluded.
⑥ With the exception of claims arising from tort liability, “user’s” claims for compensation, for which liability is limited according to this article, fall under the statue of limitations clause one year from the statutory limitation period.
⑦ In as far “BNBHERO’s” liability is excluded or limited, the same also applies to the personal liability of its employees, workers and other staff and vicarious agents.
Article 14. Privacy
① “BNBHERO” collects minimum amount of personal information needed to administer the service agreed on the contract. The following personal information is required, and other personal information is optional:
2. Home postal address
3. Phone number (or Mobile number)
4. E-mail address
5. Password (“members” only)
Article 15. “BNBHERO” Obligations
② “BNBHERO” must obtain a security system for personal information, including billing information, to provide the “users” secure online services.
③ “BNBHERO” is fully responsible for any Article 3 of 「Act on Fair Labeling and Advertising」
④ “BNBHERO” may not distribute unsolicited commercial email or advertisements without “user” consent.
Article 16. “User” Obligation for ID and Password
① The “user” is responsible for safeguarding his ID and password.
② “User” may not disclose his ID and password to any third party.
③ “User” must immediately notify “BNBHERO” of any unauthorized use of his “BNBHERO” account, and comply with “BNBHERO” instructions, if any.
Article 17. User Obligation
The “users” are prohibited to do following actions:
1. Submit false or misleading information
2. Steal a third party’s information
3. Alter information published on “BNBHERO” Site
4. Submit or post information other than those “BNBHERO” asks for such as computer program, etc.
5. Infringe, misappropriate, or violate “BNBHERO” or a third party’s copyright or other intellectual property rights
6. Violate “BNBHERO” or a third party’s moral rights or interfere with a third party’s business
7. Post, upload, publish, or transmit any content on “BNBHERO” that is defamatory, obscene, pornographic, vulgar, or offensive
Article 18. Controlling Law and Jurisdiction
① Any lawsuits regarding dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site (collectively, "Disputes") will be settled in the court of competent jurisdiction of the “user”. If the jurisdiction of the “user” is obscure or the “user” resides out of country, the suit takes place in a court of competent jurisdiction under the Civil Procedure Code.
② All legal actions between “BNBHERO” and the “user” regarding electronic commerce are governed by Korean law.
"BNBHERO" collects minimum amount of personal information needed to administer the service agreed on the contract. The following personal information is required,
and other personal information is optional: 1. Name
2. Home postal address
3. Phone number (or Mobile number)
4. E-mail address
5. Password ("members" only)
Article 15. "BNBHERO" Obligations
② "BNBHERO" must obtain a security system for personal information, including billing information, to provide the "users" secure online services.
③ "BNBHERO" is fully responsible for any Article 3 of 「Act on Fair Labeling and Advertising」
④ "BNBHERO" may not distribute unsolicited commercial email or advertisements without "user" consent.
Article 16. "User" Obligation for ID and Password
① The "user" is responsible for safeguarding his ID and password.
② "User" may not disclose his ID and password to any third party.
③ "User" must immediately notify "BNBHERO" of any unauthorized use of his "BNBHERO" account, and comply with "BNBHERO" instructions, if any.
Article 17. User Obligation
The "users" are prohibited to do following actions:
1. Submit false or misleading information
2. Steal a third party's information
3. Alter information published on "BNBHERO" Site
4. Submit or post information other than those "BNBHERO" asks for such as computer program, etc.
5. Infringe, misappropriate, or violate "BNBHERO" or a third party's copyright or other intellectual property rights
6. Violate "BNBHERO" or a third party's moral rights or interfere with a third party's business
7. Post, upload, publish, or transmit any content on "BNBHERO" that is defamatory, obscene, pornographic, vulgar, or offensive
Article 18. Controlling Law and Jurisdiction
① Any lawsuits regarding dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site (collectively, "Disputes") will be settled in the court of competent jurisdiction of the "user". If the jurisdiction of the "user" is obscure or the "user" resides out of country, the suit takes place in a court of competent jurisdiction under the Civil Procedure Code.
② All legal actions between "BNBHERO" and the "user" regarding electronic commerce are governed by Korean law.
© 2012, By CC PARTNERS INC. All rights reserved