Article 1 Purpose
① The purpose of these Terms and Conditions shall be to stipulate the rights, obligations and responsibilities between SOCAR Co., Ltd. (hereinafter referred to as “Company”) and its members and other necessary matters in relation to the use of services provided by the Company.
② These Terms and Conditions shall apply preferentially when a SOCAR member uses the SOCAR application, and shall not apply to the extent of conflict with the policy separately notified by the “Company” when concluding a rental agreement through other channels such as Naver.
In other words, if a member concludes a rental agreement through a channel other than the SOCAR application, such as Naver, and the policy notified separately by the “Company” on that channel conflicts with the contents of these Terms and Conditions, the policy notified on that channel shall take precedence.
Article 2 Definitions of Terms
The definitions of terms used in these Terms and Conditions are as follows:
① A “service” refers to all online and offline services, including car sharing service and other affiliated services, provided by the Company specified in Article 11 Provision of Services.
② A “member” refers to a customer who concludes a use agreement with the Company in accordance with these Terms and Conditions and is authorized to use the services provided by the Company or its affiliates.
③ A “platform” refers to mobile applications and websites operated by the Company or its affiliates to provide services.
④ The meaning of terms in the Terms and Conditions not defined in this Article shall follow general common practices of transaction.
Article 3 Posting and Revision of Terms and Conditions
① The Company shall post the contents of these Terms and Conditions on the platforms to ensure that members may easily find them.
② If the Company revises the Terms and Conditions, it shall specify the details of the revision and the reason for the revision and notify of it on the SOCAR application at least seven (7) days prior to the date on which the revised Terms and Conditions are to be applied. However, in cases of revisions to the Terms and Conditions that are unfavorable or important to members, members shall be notified individually via email for a certain period of time in addition to the notice.
③ If, even though the Company has clearly notified or individually notified a member of the revised Terms and Conditions in accordance with Paragraph 2 and that if the member does not express his/her intention within the effective period, his/her intention shall be deemed expressed, a member does not explicitly express his/her intention to refuse, the member shall be deemed to have agreed to the revised Terms and Conditions.
④ When the Company individually notifies a member via email, notification shall be sent to the most recent email address provided by the member. The Company shall not be responsible for any damage due to the member's failure to update his/her information.
⑤ If a member does not agree to the application of the revised Terms and Conditions, the Company cannot apply the revised Terms and Conditions. In this case, the member may withdraw membership or terminate the use agreement. However, despite any objection, a member who does not withdraw his/her membership within the period from the date of the Company's notice or individual notice as stipulated in Paragraph 2 to the effective date shall be deemed to have agreed to the revised Terms and Conditions.
⑥ A member must fulfill his/her duty of care to check for changes to the Terms and Conditions. The Company shall not be liable for any damages incurred by a member as he/she is not aware of information regarding the changed Terms and Conditions.
Article 4 Interpretation
① The Company may have separate terms and conditions (hereinafter referred to as the “Individual Terms and Conditions”) and policies (hereinafter referred to as the “Individual Policies”) for individual services, and in the event any terms in the Individual Terms or the Individual Policies conflict with these Terms and Conditions, the Individual Terms and Conditions and Individual Policies shall prevail.
② For matters not specified in these Terms and Conditions, relevant laws or regulations such as the Act on Regulation of Terms and Conditions, Framework Act on Electronic Documents and Electronic Transactions, Electronic Signature Act, Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Act on Consumer Protection in Electronic Commerce, Etc. or commercial practices shall apply.
Article 5 Membership Registration and Establishment of Agreement
① A use agreement shall be concluded if a person who wishes to become a member of the Company (hereinafter referred to as “applicant for membership”) applies for membership through the membership registration procedure set by the Company or an equivalent separate procedure set by the Company and agrees to these Terms and Conditions and separate Individual Terms and Conditions, and then the Company accepts this application.
② In principle, the Company shall approve the use of the service in response to the application for a use agreement by an applicant for membership. However, the Company may not approve the application for a use agreement that falls under any of the following subparagraphs, or may terminate the use agreement later:
1. The applicant for membership has previously disqualified membership in accordance with these Terms and Conditions. However, an exception may be made if the Company grants approval for membership re-registration.
2. The name of the applicant for membership is not his/her real name or someone else's name is used.
3. The information requested by the Company has not been provided or false information has been provided.
4. It cannot be approved due to reasons attributable to the applicant for membership, or the application is made in violation of any of other stipulated matters.
5. The applicant for membership is under 14 years of age.
6. It is governed by other laws and guidelines of other government agencies.
③ The time of establishment of the use agreement shall be the time when the Company indicates completion of membership registration or approval of application for use agreement in the application procedure or when the Company notifies it separately.
④ The Company may differentiate the use of services for members according to Individual Policies.
⑤ The Company may withhold approval if there is no room for service-related facilities or if there are technical or business problems.
⑥ For applications under Paragraph 1, the Company may collect and use personal information and/or credit information or provide or receive them to a credit reference company, etc. with the consent of the applicant.
Article 6 Restrictions on Member’s Use of Services
① If a member violates the obligations of these Terms and Conditions or Individual Terms and Conditions or interferes with the normal operation of the service, the Company may reexamine membership for service use and gradually restrict the services with warnings, temporary suspensions, permanent suspensions, etc.
② Within the scope of the use restrictions in this Article, the conditions and details of restrictions shall be governed by this Article and the Individual Terms and Conditions.
③ The process of reexamination of membership shall be carried out based on the member's service use behavior and use history. A restriction on service use qualification may be made depending on the examination results.
④ The Company shall not be responsible for credits and other benefits that expire during the member's service use restriction period.
⑤ If the Company restricts service use or terminates an agreement in accordance with this Article, it shall notify in accordance with Article 8 Notice to Member of these Terms and Conditions.
⑥ A member may file an objection in accordance with the procedures set by the Company regarding use restrictions under this Article. In this case, if the Company acknowledges that the objection is justified, the Company shall immediately resume the member's service use.
|
Category |
Measure |
|
The member's information is incorrect. |
Temporary suspension of service until the information is changed to normal |
|
The driver's license is suspended or canceled. |
Temporary suspension of service until driver's license is normalized |
|
Unpaid charge has been incurred. |
Temporary suspension of service until all debts are settled |
|
An accident has occurred. |
Temporary suspension of service until the accident is resolved. However, in cases of failure to meet the user qualification such as failure to report, unlicensed, drunk driving, etc., the service use shall be permanently suspended. |
|
Violation of penalty policy |
Reexamination of membership when a violation occurs |
|
Using services provided by the Company using someone else's name, credit card information, account information, etc. |
Deletion of registration of someone else’s payment method |
|
Using a vehicle for illegal or abnormal purposes |
Reexamination of membership |
|
Abnormal use of the platform is detected. |
Reexamination of membership |
Article 7 Withdrawal and Loss of Membership
① A member may request withdrawal of membership or termination of use agreement at any time through the SOCAR application. The Company must process it within a few days in accordance with relevant laws, etc.
② If a request for withdrawal of membership or termination of use agreement is processed at a member's request, all information of the member held by the Company shall be deleted immediately. However, in any of the following cases, withdrawal processing or use agreement termination processing may be refused:
1. The member has a financial debt to the Company.
2. A matter such as settlement of an accident is not completed based on the member's responsible acts.
③ In cases of withdrawal of membership or termination of use agreement at a member's request, applications for membership re-registration shall be restricted for three (3) months. However, if there is prior agreement between the Company and the member, re-registration is allowed.
④ If a member falls under any of the following cases, the Company may disqualify the membership.
1. The member has provided false information when providing member information.
2. The member interferes with other people's use of services in an abnormal way, or continuously impede the normal operation of services by making a false accusation.
3. The member threatens the order of electronic transactions by illegally acquiring or stealing other people's information, etc.
4. It is deemed inappropriate to maintain his/her membership as the member acts in violation of relevant laws or against public order and good morals, etc.
⑤ A member may file an objection regarding the loss of membership under Paragraph 4 in accordance with the procedures set by the Company. If the Company determines that the member's objection is justified, the Company shall immediately resume membership.
⑥ If a member dies, membership shall be lost on the date of the member's death.
Article 8 Notice to Member
① The Company may notify a member using the member's registered mobile phone number, email, letter, or other methods, unless otherwise specified in these Terms and Conditions.
② If the Company notifies an unspecified number of members, it may replace the notice under Paragraph 1 by posting the notice on the SOCAR application for seven (7) days or longer.
Article 9 Obligations of the Company
① The Company shall not engage in any acts prohibited by these Terms and Conditions and/or related laws or against public order and good morals. It shall try its best to provide continuous and stable services.
② The Company must have a security system in order to protect personal information (including credit information) to ensure that members can safely use the services. It shall disclose and comply with the Personal Information Processing Policy.
③ The Company shall operate an online support channel and a customer call center (hereinafter referred to as “SOCAR Customer Center”) at all times to provide guidance on a member’s use of the service, hear opinions on service, and respond to other inquiries.
④ The Company shall monitor acts that interfere with the provision of stable services, such as a member's violations of these Terms and Conditions and abnormal use of the platform. When a violation is detected, in accordance with Article 7 Withdrawal and Loss of Membership and Article 10 Obligations and Responsibilities of Member, membership may be lost or service use may be restricted through the procedures of reexamination of membership. In addition, in this process, the Company may request supporting data for explanation from the member.
⑤ If the Company acknowledges that an opinion or complaint raised by a member in relation to the service use is justified, it must process them. Regarding an opinion or complaint raised by a member, the processing and results shall be delivered to the member using the message board or via e-mail, etc.
Article 10 Obligations and Responsibilities of Member
① A member must not engage in any of the following acts:
1. Providing false information when making any application or change in relation to service use
2. Stealing one's own or someone else's information or selling or transferring it for financial purposes
3. Damaging such as an unauthorized change or deletion of various information posted by the Company
4. Transmitting or posting information other than that permitted by the Company (such as computer programs and advertisements)
5. Infringing on the intellectual property rights, damaging reputation, or interfering with business of the Company or a third party
6. Disclosing or posting any of obscene or violent voices, messages, videos, or other words, actions, or information that are against public order and good morals on the platform, or speaking any of them when using the SOCAR Customer Center
7. Using someone else's payment method other than the payment method in one’s own name when making a payment
8. Any other abnormal use of the platform provided by the Company
② A member must comply with the regulations of these Terms and Conditions, Individual Terms and Conditions, Individual Policies, precautions notified by the Company, relevant laws, etc. Any other acts that interfere with the smooth provision of services by the Company shall be prohibited.
③ A member shall be liable for damages to the Company or a third party caused by acts deemed intentional or negligent by the member while using the services.
④ A member may raise objections to the Company's unfair actions, and is obligated to directly submit supporting data for explanation.
⑤ If a member fails to fulfill his/her obligations and responsibilities in this provision, the service use may be restricted or his/her membership may be lost.
Article 11 Provision of Services
① The Company shall provide the following services:
1. Unmanned service and online reservation and payment agency service for short- and long-term vehicle rental
2. Provision of information about goods or services provided by the Company
② In addition to the services under subparagraphs in Paragraph 1, the Company may develop additional services and provide them to a member.
Article 12 Changes and Interruptions of Services
① The Company may change the details of the services it provides if it is deemed that there are unavoidable business reasons, such as conversion of business items, integration between companies, abolition of business, etc. at the Company's judgment. In this case, the changed details and provision date of the service shall be specified and notified 30 days prior to the provision date where the service details are posted.
② The Company may suspend part or all of the services specified in Article 11 Provision of Services, if any of the following circumstances arise:
1. Natural disasters, wars, riots, fires, industrial actions such as strikes, control by government agencies, or other circumstances that cannot be controlled by the Company's reasonable efforts occur or are likely to occur.
2. Telecommunication services are not provided by the facilities-based telecommunications service provider.
3. Maintenance, replacement or breakdown of information and communication equipment, including the Company's system, or interruption of communication, etc. has occurred.
4. In the case of services provided through affiliation with a third party, the service is changed or discontinued due to the circumstances of the affiliated business operator.
5. Any of other circumstances that significantly impede the smooth operation of the Company has occurred.
③ If the service details are changed or interrupted due to a circumstance under Paragraph 1 or 2, the Company shall not be liable for any damage suffered by a member as a result, unless there is intention or negligence.
Article 13 Service and Damage Fees
A member must comply with the service fee policy stipulated by the Company. The following service and damage fees, or additional costs during use of the services. A member must pay for services and damages using the credit card registered for payment in his/her member information or a method approved by the Company. Specific details of the service fee policy shall be posted within the platform, and service fees and damages may change pursuant to the service fee policy of the Company.
① Service fees
1. Service fees shall be paid automatically through electronic payment before and after using the services. If a member does not cancel a reservation, the full service fee shall be charged even if the member does not use the service.
2. A member shall be obligated to pay fees notified when using the services (insurance fees, additional service fees, option fees, and additional actual expenses, etc.), additional costs incurred within the service use time, and all fines due to violations of the law, etc.
3. Depending on the service use history of a member, reservation extension fees, driving fees, and other service fees may be additionally charged. If penalty amounts, fines, etc. are incurred, payment shall be made after notifying and consulting with the member.
4. If service fee is not settled due to a problem such as a member's personal credit rating and late payment, the member's qualification to use the service shall be temporarily suspended until all previous use history is settled. If a problem continues, the member's membership may be revoked. The criteria for determining such member's right to use the services shall be based on the Company's internal operating regulations.
② Damage fees
1. If a member is involved in a vehicle accident or incident and the vehicle is damaged or destroyed, the member shall be liable for the resulting damage.
2. If a member violates the regulations, the Company may impose a penalty amount pursuant to Article 14 Penalty System of these Terms and Conditions, and may additionally charge actual expenses incurred, such as vehicle repair costs, litigation costs, and attorney costs.
3. Payment for damages may be made automatically by electronic payment or a payment method agreed upon with the Company.
4. If a member does not comply with these Terms and Conditions and each provision, the Company shall have the right to terminate the contract in addition to charging various fees such as damage fees.
③ The Company may make full or partial payment using information such as the credit card registered for payment for a member's debt for unpaid fees, penalty amounts, damage fees, etc. incurred in relation to the services. If the debt continues to be delinquent, legal action may be taken against the member to repay the debt, such as taking preservation measures, filing a lawsuit on the merits, and initiating compulsory execution procedures.
④ A member must use a payment method in his/her own name when making payments, and cannot use someone else's payment method. When using the payment service, the information entered by a member in relation to payment and any responsibilities and disadvantages incurred in connection with that information must be borne by the member.
⑤ When using the payment service, a member must use payment methods which he/she has the justifiable and legitimate right to use (including payment methods approved by the Company, such as credit cards, check cards, and SOCAR Pay), and the Company may check the legitimacy. Meanwhile, a member may select the payment method to be used preferentially for each payment stage. The Company may have one or more additional payment methods that can guarantee the payment in addition to the payment method selected preferentially by the member and use them in the event of a payment error, etc. In addition, the Company may suspend processing of the transaction or cancel the transaction until confirmation of the legitimacy of the member's payment method is completed.
Article 14 Penalty System
The Company is operating a penalty system to create a healthy car sharing culture. Penalty amounts shall be set based on the minimum operating costs resulting from damages. The penalty system may be revised at any time depending on necessity and usability.
① In accordance with Individual Terms and Conditions and Individual Policies in addition to the penalty items, appropriate measures may be taken after internal examination for use behavior that hinders the operation of the service and illegal or abnormal use that does not fit the purposes of the service.
② Measures shall be taken against a member who continuously violates any of the items through a user qualification examination.
③ If a penalty amount is imposed, payment shall be made and measures shall be taken after notifying and consulting with the member.
Article 15 Coupons and Credits
① A coupon refers to a voucher provided by the Company to members for rewards, promotions, etc., that allows a discount on all or part of the service fees according to specified conditions.
② Credit is an electronic currency used by the Company. 1 credit means KRW 1 in cash.
③ Matters regarding granting and use of coupons and credits shall be governed by the use regulations stipulated by the Company and be notified to members via the platform.
④ Coupons and credits may be used within the period of use specified when they are granted. Coupons and credits that are past the period of use shall expire.
⑤ Coupons and credits provided free of charge by the Company cannot be traded or transferred between members. They cannot be refunded in cash or transferred to a third party under any circumstances.
⑥ The Company may search a member's coupon and credit information at any time, and may correct it at its discretion if any of conditions of the member is incorrect. In addition, if a member accumulates coupons and/or credits violating or abusing any of regulations, such as these Terms and Conditions and the Use Policy, or in an unfair manner, the Company may restrict the member's use of the services and expire the coupons and/or credits.
⑦ The Company may categorize and manage members' credit accumulation standards pursuant to separate policies regarding membership of the SOCAR application.
Article 16 Handling Lost Items
The Company and a member shall try their best to find the original owner of a lost item that may occur due to the nature of an unmanned service.
① Basically, the Company shall not responsible for a lost item left behind by a member when returning a vehicle, but the Company shall try its best to handle the lost item for the convenience of the member.
② The Company shall operate lost and found centers and take all necessary measures to hand over items found on site, during a vehicle inspection, etc.
③ Receipt and handover of lost items shall be recorded and maintained in the lost item handling ledger.
④ Acquired items shall be stored for up to one (1) month. Unclaimed items shall be reported and handed over to the local police station or discarded.
⑤ All other matters related to handling lost items shall be governed by the Lost Articles Act and relevant laws, etc.
Article 17 Attribution of Copyright and Restrictions on Use
① Copyrights and other intellectual property rights for works created by the Company shall belong to the Company.
② A member must not use or allow a third party to use the information obtained by using the services for profit by copying, transmitting, publishing, distributing, broadcasting, or using other methods without prior consent of the Company.
Article 18 Management of Postings
① If a member's posting contains content that violates relevant laws such as the Information and Communications Network Act and the Copyright Act, the right holder may request suspension or deletion of the posting in accordance with the procedures stipulated by relevant laws, and the Company must take measures in accordance with relevant laws.
② Even if there is no request from the right holder pursuant to Paragraph 1, the Company may take temporary measures, etc. against the relevant posting in accordance with relevant laws if there is a reason to deem that there is a violation of rights or if it violates other policies and relevant laws.
Article 19 Copyright of Postings
① The copyright of a posting posted by a member within the services belongs to the author of the posting.
② A posting may be exposed in search results, the Company's services, and related promotions, etc. It may be posted after being partially modified, copied, or edited to the extent necessary for such exposure. In this case, the Company shall comply with regulations of the Copyright Act, and the member may take measures such as deleting the posting, hiding it from search results and making it private at any time through the SOCAR Customer Center or using the managing function within the platform.
③ If the Company wishes to use a member's posting in a manner other than Paragraph 2, it shall obtain the member's consent in advance via phone, fax, or email.
Article 20 Limitation on Liability
① If the Company is unable to provide services due to natural disasters or other force majeure equivalent thereto, it shall be exempt from liability for service provision.
② If a problem occurs during use of service due to a reason attributable to a member, the Company shall not be liable.
③ The Company shall not be liable for any profits or losses expected by a member from using the service or for any damage incurred due to data obtained through the service, unless there is a reason attributable to the Company.
④ The Company shall not be liable for the reliability or accuracy of information, data, or facts posted by a member on the service unless there is intention or gross negligence by the Company.
⑤ The Company shall not be liable for transactions between members or between a member and a third party through the service.
⑥ The company that operates the websites linked with the platform and link, etc. (hereinafter referred to as “Connected Company”) is a separate business from the Company and is operated independently. The Company shall not be liable for any transactions made between a member and the Connected Company.
⑦ If the Company receives any type of objections, including claims for damages or lawsuits, from a third party other than a member due to an illegal act or a violation of these Terms and Conditions committed by the member while using the service, the member must indemnify the Company at his/her own responsibilities and expenses and compensate for all damages occurred to the Company as a result.
Article 21 Governing Law and Jurisdiction
① A lawsuit filed between the Company and a member shall be governed by the laws of the Republic of Korea.
② If a dispute arises between the Company and a member, the court with jurisdiction over the member's address shall be the competent court. If the member's address or residence is unclear, the competent court shall be determined in accordance with the Civil Procedure Act. However, if a claim/obligation arises due to a reason attributable to the member, the district court in the location of the Company’s office responsible for management thereof shall be the competent court.
Addendum
These Terms and Conditions shall take effect as of May 23, 2024.