Chapter I. General
Article 1 (Purpose)
1) The purpose of these Terms of Service (TOS) is to stipulate the rights and obligations needed to define in using DosirakTalk (hereinafter the “Services”) provided by Wide Mobile (hereinafter the “Company”), rights and obligations between the Company and members and members’ use of the Services.
Article 2 (Statement, Effects and Revision of the TOS)
1) We post the TOS on the Service setting page to allow our members to see it easily.
2) We are able to revise the TOS as long as the related laws (e.g., Act on the Protection, Use, Etc. of Location Information, Act on the Consumer Protection in Electronic Commerce, Etc., Framework Act on Consumers, Act on the Regulation of Terms and Conditions, etc.) aren’t violated.
3) Members have the right to refuse the amended TOS. Those who do not agree to the modification can express their intention within 15 days. In this case, we are able to terminate the agreement within a specific period (15 days) by informing the termination to our members in advance. If they keep using the Services without expressing their refusal, it shall be deemed that they agree to the terms and conditions.
Article 3 (Collection, Use and Provision of Personal Location Information)
1) We collect location information through the GPS from the terminals (hereinafter referred to as the “Telecommunication Terminal Device”) equipped with GPS receiver, WiFi and Bluetooth such as the device similar to members’ smartphone.
2) Members are free to ask us to stop collecting, using or providing their personal location information anytime. We cannot refuse their request and have the necessary technical means for this.
3) Members are able to partially or wholly withdraw their consent to i) the collection of their personal location information, ii) provision of location-based services using their personal location information and iii) its provision to a third party anytime. In this case, we shall destruct the collected personal location information and fact confirmation data (if the consent is partially withdrawn, the use of the withdrawn part of personal location information and fact confirmation data only).
4) Unless agreed by our members, we shall not provide their personal location information or all related location information to a third party.
Chapter II. Signing of the Service Use Agreement
Article 4 (Consent to the Use of Members’ Information)
1) The members’ information can be provided if requested i) by a government agency in accordance with the related laws such as the Telecommunications Business Act, ii) for investigation purposes, iii) by the Information Communication Ethics Committee, or iv) according to the related legal procedures.
2) We shall prepare and store statistical data on our members’ personal information partially or wholly. For the purposes of internal marketing or advertising sales, we can use users’ call history, caller’s/callee’s phone number, call duration and call results. We are also allowed to advertise the Services through our members’ mail and mobile phone.
Article 5 (Alternation of Member Information)
Members are free to read and revise their personal information anytime.
Article 6 (The Company’s Duties)
1) We provide repair and maintenance services to provide the Services in a secure and stable fashion. If the Service equipment malfunctions or goes down, we shall take care of the problem immediately not to give any inconvenience to our members.
2) The members who are dissatisfied with the Services need to file a complaint through the email address stated on the website of DosirakTalk (http://www.dosiraktalk.com) or the Inquiry on the app. Once such complaint is filed, we shall take care of it immediately. Unless it can be handled right away, we are going to inform the reasons for delay and handling plan to them by SMS or email.
3) To prevent the alteration of outgoing call number, domestic residents are required to go through real-name authentication by their mobile phone to join membership. Those living abroad need to sign up membership through the ARS.
4) We shall provide the Services after our members go through user authentication.
Article 7 (Members’ Duties)
1) When using the Services, members are prohibited from engaging in one of the following activities:
① Copying, reproducing, distributing or providing the information obtained during the Service to a third party without getting approval from us;
② Violating the Company’s or third party’s copyrights and others;
③ The activities which are deemed related with crime; or
④ Others which violated related laws
2) If our member engages in an act which can violate the TOS, we shall take actions which are deemed necessary. However, we are not obligated to prevent or correct such act.
3) Members need to use the Services under their responsibility. They shall be fully responsible for all acts performed to use the Services and their consequences.
4) If we are directly or indirectly damaged (including attorney fee) because of our members’ use of the Services (including a claim for a third party), the members shall compensate the damage immediately according to our request.
5) Members shall observe the restrictions posted on the Service Notice or separately announced by the Company.
6) To prevent the alteration of outgoing call number or illegal signup for membership, members are required to use the Services after going through user authentication provided by the user authentication service provider.
Chapter III. Use of the Services
Article 8 (Use and Discontinuance of the Services)
1) Unless there are any particular operating or technical problems, the Services are provided 24 hours a day throughout the year. However, we may temporarily stop providing the Services on a specific day or for regular system inspection or system improvement/replacement. The discontinuance of the Services shall be announced in advance if anticipated.
2) We are able to stop providing the Services temporarily without notice for reasonable reasons such as emergency system check and system improvement/replacement. If such discontinuance is deemed necessary with proper reasons such as replacement with new services, we may completely shut down the ongoing Services.
3) If we are not able to provide the Services normally due to the following reasons, we shall stop providing the Services partially or wholly: national emergency, problem in the communication line/facilities of the communication infrastructure providers or communication service providers stated in the Attachment #1, problem in the Service equipment, excessive use of the Services. In this case, however, the reasons and period shall be informed to the members before/after the action is taken.
4) If we have to stop providing the Services due to uncontrollable reasons (e.g., intentional act by the system manager, media failure without negligence, system failure, etc.) or shut down the system due to the other communication service provider’s intentional fault, or we cannot announce in advance, we may have to skip the announcement.
5) We are able to separately designate service use hours by category by dividing the Services into certain categories. In this case, we shall announce such plan in advance.
Article 9 (Services)
1) The Services we provide are as follows. The service schedule and methods are subject to change, delay or omission depending on our circumstances:
① MVoIP service
② 070 service
③ Limited service: Collect call and other calls which are paid by the person who receives the call
Article 10 (Service Charge)
1) We separately post the paid service-related information such as service rates and payment method on our website or app. Our members are able to charge their service account, using the Talk points or coupons they bought or received and use the paid services on our website or app.
2) We and any authorized party which entered into an agreement with us own the right and copyright for all contents (including information) and Services provided. If a member buys such Contents and Services, he/she shall have the right to use them.
3) The rates of the Services are posted on the website of DosirakTalk (http://www.dosiraktalk.com) and app.
4) The paid services are available in prepaid flat payment. The payment is made through the digital payment service provider which entered into a contract with the Company.
① App Store: Payment under Apple policy
② Google Play: Payment method of the digital payment service provider which signed a contract with Wide Mobile
Article 11 (Refund, Voidance, Prepaid Card)
1) Refund
① 070: In case of 070 services, once you buy a 30-day pass, it cannot be refunded partially or wholly.
② Talk Point: The Talk points you have purchased and not used yet are only refundable. The refund procedure differs depending on the operating system of each handset.
a) iPhone: Refundable within seven (7) days since the date of purchase according to Apple Store Refund Policy
b) Android: Refundable within 31 days since the date of purchase according to DosirakTalk refund policy
③ The transferred or partially used Talk points and coupons are not refundable.
④ To prevent the use of the Services in an unfair manner, the Talk points and coupons obtained from others or freely given are not refundable.
⑤ If we stop providing the Services, we are able to refund the balance according to the provisions stated in this article.
2) Voidance
① The points you bought do not have a separate term of validity. They do not disappear over time.
② If a term of validity is marked such as promotional coupons, the points shall disappear at the end of the term. If Talk points were deleted due to changes in our service policy or plan within a term of validity, we shall announce the situation on our website for at least seven (7) days and have the points recovered or refunded.
③ If one of the events occurs, Talk points are all deleted when the reason for such event occurs, and they shall not be restored:
a) A member voluntarily withdraws his/her membership
b) A member loses his/her membership after causing damage to the Company and other members through abnormal point charging
3) Prepaid card
① We are able to issue electronic (chargeable) and non-electronic (non-chargeable) prepaid cards to allow our members to use them in the use (purchase) of VoIP services. The total amount of such prepaid cards is set in consideration of total issuance amount for the past year, distribution cycle and available balance in accordance with the related laws and posted on the Internet website.
② We buy a bond insurance policy to prevent our members who bought a prepared a card and still have point balance from being damaged because of a fault attributable to us.
③ The bond insurance amount is KRW 50 million (KRW 50,000,000).
Article 12 (Coupon Transfer, Point Handover)
1) The coupons you buy are freely transferable. You shall be responsible for any problems arising from such transfer.
2) Points are not transferable to others.
Article 13 (Notification of Changes in the Services, Etc.)
1) If we change or terminate the Services, we are able to notify such change or termination through the website of DosirakTalk or email.
Article 14 (Limitation, Termination and Cancellation of the Services)
1) If one of the following events occurs, we may terminate or cancel the Services partially or wholly immediately and inform such measure to our members. If deemed inappropriate to give the notice in advance, we may inform it after taking an action:
① A member interrupts our operation intentionally or with serious negligence;
② Such measure is inevitable due to system check, repair or construction;
③ The communication infrastructure provider specified in the Telecommunications Business Act stops providing telecommunication services;
④ There is a problem in the use of the Services due to national emergency, system failure or excessive use of the Services;
⑤ It is deemed unfair for us to keep providing the Services due to other serious reasons;
⑥ No intention to use the telephone number such as attempt to sell it;
⑦ The Korea Communications Commission or Korea Internet & Security Agency detects any illegal act such as voice phishing and email spam and asks for the termination of the Service agreement;
⑧ A telephone number which is not included in the reasonable grounds under Paragraph 1 of Article 25 is being sent;
⑨ The Korea Communications Commission or Korea Internet & Security Agency detects any illegal act such as voice phishing and email spam and asks for the termination of the Service; or
⑩ A user randomly changes the telephone number.
2) If the use of the Services is limited or suspended due to the provisions of Paragraph 1) above, we shall inform the reasons and term of such limitation by email (However, any failure to read such notice due to a user’s fault shall be deemed he/she confirmed the notice.):
① SMS or email
② Contents-certified mail
3) If a user who received a notice under Article 13 gives an explanation based on reasonable ground within the given period or takes a necessary action, his/her accounts and points would be restored. However, a member is summoned more than twice, the Services could be immediately terminated.
Article 15 (Display of Outgoing Call Number)
1) When first sent from the app, outgoing call number is not stated. The number can start with “070” in combination with the mobile phone number through the My Setting menu on the app. Then, it can be adjusted according to communication regulations.
Article 16 (Limitations on the Acceptance of Service Request)
1) If one of the following events occurs, we shall not accept the service request:
① A user submits an application for change in outgoing call number under the other’s name;
② A user fails to submit required data or submits false records;
③ A user’s contract was canceled by the Company under Article 14, and it has not passed one year.
Chapter IV. User Protection and Responsibilities
Article 17 (Suspension of the Service Contract)
1) If the suspension of the Services is deemed reasonable, we shall suspend the use of the Services and inform such measure to our members:
① The Company is defamed;
② The Company’s operation is intentionally interrupted;
③ An act against national or public interests is planned or committed; or
④ A user is not qualified for being a member according to the related laws or the Company’s regulations.
2) If a member violates Paragraph 1) of Article 17 above, we make terminate the contract without a notice. If any damage is expected, we could also bring a civil or criminal charge.
Article 18 (Protection of Members)
1) We shall not leak members’ information we obtained during the provision of the Services to a third party without getting approval from them.
2) If a member’s complaint is deemed reasonable, we shall take care of it properly. If it cannot be handled right away, the reasons for delay and handling schedule shall be informed to him/her.
Article 19 (Call Records)
1) We do not monitor or tap our members’ calls or call records. However, they can be used as statistical data such as call volume and call duration. The matters under Articles 4-1 and 4-2 would be available.
Article 20 (Member Support Center)
1) We operate Member Support center to handle our members’ requests and complaints by email.([email protected])
2) We shall have at least one consultation staff to get our members’ requests and complaints and handle them as soon as possible.
3) We develop and operate a customer complaint handling procedure to take care of such complaints fast.
Article 21 (Ban on Alteration of Outgoing Call Number)
1) A subscriber is banned to alter his/her telephone number without reasonable grounds in accordance with Article 84-2 (Ban on the Display of False Telephone Number and User Protection) of the Telecommunications Business Act. However, an exception can be made in the event of reasonable grounds under the related laws (e.g., Telecommunications Business Act, etc.), guidelines or announcements.
2) If a member requests for alternation of his/her outgoing call number with reasonable grounds, we shall permit such alteration provided that the telephone changes under the same caller.
3) Responsibility and limitations
① To prevent any crimes through the alteration of telephone number, if our member violates the related laws, we shall take necessary actions under the applicable laws.
② A subscriber shall observe the related laws when using the telecommunication services.
③ A subscriber shall follow the related laws if he/she alters his/her telephone number in an unfair manner.
④ A subscriber’s telecommunication service can be terminated if he/she alters his/her telephone number in an unfair fashion.
Article 22 (Service Suspension Procedure after Unfair Alteration of Outgoing Call Number)
1) If the telecommunication service provider detects calls whose outgoing call number is altered, or there is a request from the Minister of Science, ICT and Future Planning or Korea Internet & Security Agency, we shall examine the alternation of outgoing call number and suspend the Services if necessary.
2) According to Paragraph 1) of Article 22 above, the telecommunication service provider shall inform the reasons for such suspension, objection procedures and other related information in writing (including digital documents) or by fax, telephone or equivalent means before the suspension of the Services.
3) A user’s objection
① To make an objection to such measure, a member needs to submit the document documents to the telecommunication service provider within 60 days from the date of the suspension:
A) An applicant’s name, home address and contact number
B) Reasons for objection and related data
C) Date of service suspension
② If such objection is deemed reasonable, the telecommunication service provider shall cancel the suspension of the Services immediately. However, if there is no objection within the given period, or such objection appears to be unreasonable, it may terminate the Service regardless the user’s intention.
③ In accordance with Subparagraph ① of Paragraph 3) of Article 22 above, the telecommunication service provider shall inspect the application within 15 days from the date of application and inform the results to the applicant in writing (including digital documents) or by fax, telephone or equivalent means. Unless a decision can be made within the given period, it can be delayed for up to 15 days. In this case, the reasons for such postponement and extended period shall be informed to the applicant.
Article 23 (Responsibility of Service Use)
1) We shall not be responsible for any loss arising from the use of the Services we provide.
Article 24 (Exemption)
1) We shall be exempted from the provision of the Services in case we are not able to provide the Services due to force majeure or equivalent event.
2) We are not responsible for any failure in the use of the Services, which is attributable to our members.
3) We shall have no responsibility for any damages on our members, which occur during the use of the Services.
4) We are not guarantee the stability, reliability, accuracy, completeness and validity of the data and information posted by our members during the use of the Services.
Article 25 (Violation of the TOS)
2) If our member violates the TOS, we may file a claim for compensation.
Article 26 (Competent Court)
1) Any and all legal disputes arising out of or in connection with the use of the Services shall be finally settled by the court of competent jurisdiction over the district where the Company’s principal business office is located.
[Addendum]
Addendum (2017.8.15)
① The TOS shall take effect as of August 15, 2017.
Addendum (2019.12.13)
① The TOS shall take effect as of December 13, 2019.
② Change of notice period for service termination and addition of member support center email.