General Rules
Article 1. Purpose
The purpose of these Terms and Conditions is to prescribe the rights, obligations, and responsibilities of the company and its members (those who have agreed to the Thundering service, hereinafter, referred to as “Members”) in using the Thundering service (hereinafter referred to as the “Service”) provided by ThunderPlex Co., Ltd. (hereinafter referred to as the “Company”)
Article 2. Effectiveness and modification of the Terms of Use
① These Terms and Conditions shall become effective when the customer or the subject of personal location information who applies for the Service agrees to these Terms and registers as a user of the Service in accordance with the prescribed procedures set by the Company.
② If a Member clicks the “Agree” button on these Terms online, he/she shall be deemed to have read, fully understood, and agreed to the application of these Terms.
③ The Company may revise these Terms and Conditions to the extent that it does not violate applicable laws such as the Act on the Protection and Use of Location Information, the Content Industry Promotion Act, the Act on Consumer Protection in Electronic Commerce, and the Act on The Regulation of the Consumer Basic Law.
④ If the Company revises the Terms and Conditions, it shall specify the effective date and reason for the existing terms and conditions and the revised terms and conditions, and only notify the member for a considerable period of time after the effective date 10 days prior to the effective date, and if the revision is unfavorable to the member, it shall be posted on the service homepage for a considerable period after the effective date 30 days prior to the effective date, or the member shall be notified of the revision by sending the revised information in electronic form (announcement, chat, e-mail, SMS, etc.).
⑤ If the company notifies the members pursuant to the preceding paragraph and does not express its refusal from the date of announcement or notice to seven days after the effective date of the revised agreement, it shall be deemed to have approved the terms of use. If the member disagrees with the revised terms and conditions, the member may terminate the service contract.
Article 3. Application of Relevant Laws
These Terms of Use shall be fairly enforced in accordance with the principles of good faith, and matters not specified in these Terms shall be governed by applicable laws or commercial practices.
Article 4. Contents of the Service The services provided by the Company are as follows.
| Name | Content |
|---|---|
| Thundering | o Provide search information for nearby group members, friends, meeting places, events, and promotion locations based on user location |
Article 5. Service Fee
① The services offered by the company are basically free. However, for separate paid service, you must pay the fees specified in the service before you can use them.
② The Company may charge the fee for using the paid service in the manner set by the electronic payment company contracted with the Company or by adding it to the invoice set by the Company.
③ Cancellations and refunds for payments made through the use of paid services shall be governed by the relevant laws and conditions, such as the Company’s terms and conditions.
④ Requests for refunds due to the members’ personal information theft and payment fraud or requests for the personal information of the payer, may be refused unless required by law.
⑤ The data communication fee incurred when using the wireless service is separate and is subject to the policies of each mobile carrier you have subscribed to.
⑥ If you register a post with MMS, etc., the charges incurred are subject to your carrier’s policy.
Article 6. Notice of Changes in Service Contents, etc.
① If the Company changes or terminates the contents of the Service, the Company may notify the Member through the Company’s notice to the Member, such as the Website.
Article 7. Restriction and Suspension of Service Use
① The Company may restrict or suspend the member’s use of the service in the event of any of the following reasons
② When the Company restricts or suspends the use of the Service in accordance with the provisions of the preceding paragraph, the Company shall notify the Member of the reason and the restriction period.
Article 8. Use or Provision of Personal Location Information
① If the company intends to provide services using personal location information, it shall obtain consent from the personal location information subject after specifying in advance in the Terms of Use.
② The rights of members and legal representatives and the method of exercise thereof shall be based on the address of the user at the time of the complaint, and if there is no address, it shall be the exclusive jurisdiction of the local court in charge of the residence. However, if the address or residence of the user is not clear at the time of the complaint, or foreign residents, it shall be filed with the competent court under the Civil Procedure Act.
③ The company shall automatically record and preserve data on the use, provision, and fact-checking of location information for the settlement of charges and civil complaints with other businesses or customers, and keep the data for six months.
④ If the company provides personal location information to a third party designated by the member, it shall immediately notify the recipient, the date, and the purpose of providing the personal location information to the member by the corresponding communication terminal device. Provided, That in cases falling under any of the following, the member shall notify the specified communication terminal device or e-mail address in advance
Article 9. Rights of Subjects of Personal Location Information
① Members may withdraw all or part of their consent to the provision of location-based services using personal location information and the provision of personal location information to third parties at any time with respect to the Company. In this case, the Company destroys the personal location information collected, the use of location information, and the confirmation of the information provided.
② The Member may request the Company to temporarily suspend the collection, use, or provision of personal location information at any time, and the Company cannot refuse it and has technical means to do so.
③ The Member may request the Company to view or notify the Company of the following materials, and if there is an error in the data, the Member may request correction thereof. In this case, the Company may not refuse the member’s request without justifiable reason.
④ Members may request through the company’s prescribed procedures to exercise the rights of paragraphs 1 through 3.
Article 10. Rights of Legal Representatives
① The Company shall obtain consent from the member and the member’s legal representative for consent to provide location-based services using personal location information and to provide personal location information to third parties for members under the age of 14. In this case, the legal representative shall have all the rights of the member under Article 9.
② The Company shall obtain the consent of a child under the age of 14 and his/her legal representative if the company intends to use personal location information or confirmation data of a child under the age of 14 beyond the scope specified or notified in the Terms of Use. However, it excludes the following cases.
Article 11. Designation of Location Information Manager
① The Company shall designate and operate a person in a position where it can take practical responsibility to properly manage and protect the location information and to handle complaints from personal location information subjects.
② The location information manager is the head of the department providing location-based services, and the specifics are subject to the by-laws of these Terms and Conditions.
Article 12. Compensation for Damages
① In the event that the Company has caused damages to the Member for violating the provisions of Articles 15 through 26 of the Act on the Protection and Use of Location Information, the Member may file a claim against the Company for damages. In this case, the Company shall not be liable if it fails to prove that it is not intentional or negligent.
② If a member violates the provisions of these Terms and Conditions and damages occur to the Company, the Company may claim damages against the Member. In this case, the Member shall not be liable if he/she fails to prove that there is no willful misconduct or negligence.
Article 13. Exemption from Obligation
① The Company shall not be liable for any damages caused by following cases
② The Company does not guarantee the reliability and accuracy of the Service and the information, data, and facts posted on the Service, and shall not be liable for any damages incurred by the Member.
Article 14. The Application of the Regulations
① These Terms and Conditions are stipulated and implemented in accordance with the laws of the Republic of Korea.
② Matters not stipulated in these Terms and Conditions shall be governed by applicable laws and commercial practices.
Article 15. Mediation of Disputes and Others
① The Company may apply for finance to the Korea Communications Commission in accordance with Article 28 of the Act on the Protection and Use of Location Information if no consultation is conducted between the parties or cannot be discussed on disputes relating to location information.
② The Company or the Customer may apply for mediation with the Personal Information Dispute Mediation Committee in accordance with Article 40 of the Personal Information Protection Act if no consultation is conducted between the parties or cannot be discussed on disputes related to location information.
Article 16. Contact information of the Company. The company’s name and address are as follows.
Addendum
Article 1 (Effective Date) These Terms and Conditions shall be effective from September 27, 2021.
Article 2 The location information manager shall specify as of September 2021 as follows