TERMS OF USE
CHAPTER I. GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of these Terms of Service is to define the basic terms of service conditions and procedures in regards to joining and benefits, etc. (hereinafter referred to as “Service”) for joint members of Lotte Concert Hall and Lotte Museum of Art of Art (hereinafter referred to as “Member”) operated by the Lotte Foundation for arts (hereinafter referred to as “Foundation”).
Article 2 (Disclosure and Revisions of the Terms of Service)
- ① These Terms of Service shall become effective when the Foundation posts the Terms of Service on its website, on paper, or announces it in another fashion, and the Member consents thereto.
- ② When revising the Terms of Service, the Foundation shall specify the effective date and reason for revisions 7 days before the effective date. If the revision is disadvantageous to the Member, the Member shall be notified by email or 30 days before the abovementioned date. The revised Terms of Service shall become effective on the abovementioned effective date.
- ③ In the event the Member fails to raise an objection by the effective date in spite of the notice or announcement under Clause 2, shall be deemed to consent to the revision. Should the Member not consent to the revised Terms of Service, they are allowed to withdraw their membership even after the effective date as stated in Article 9 (Membership Withdrawal and Disqualification).
Article 3 (Rules in Addition to the Terms of Service)
The matters not set forth herein and the interpretation hereof shall be governed by the Act on Regulation of Standardized Contracts, the Personal Information Protection Act, and other applicable laws, guidelines, standards and commercial practices.
Article 4 (Definitions)
- ① The term “Registration” refers to the process by which the Member initially provides their personal information to the Foundation and consents to these Terms of Service to receive the Foundation’s Service
- ② The term “Membership Withdrawal” refers to the Member’s act of withdrawing their personal information registered with the Foundation and discontinuing reception of the Service.
- ③ The term “Paid Member” refers to the Member that has provided their personal information to the Foundation and paid an annual membership fee to receive the Service offered by the Foundation according to class, which are classified into Vineyard Black and Vineyard Red.
- ④ The term “General Member” refers to the Member that has provided their personal information to the Foundation and has not paid an annual membership fee to receive limited Service offered by the Foundation.
- ⑤ The term “L.POINT” refers to mileage points service offered by Lotte Members which is an alternative means of payment by which the Member saves a portion of the amount paid that can be used in its entirety or part of the same in the future
- ⑥ The term “Planned Performance/Exhibition” refers to the fact that the Foundation is the organizer and reserves all rights and responsibilities in regards to the performance/exhibition
- ⑦ The term “Co-organized Performance/Exhibition” refers to a jointly organized performance with the Foundation and a specified organization, in which the rights and responsibilities of the performance/exhibition shall be limited in accordance with a separate agreement between the Foundation and the specified organization.
- ⑧ The term “Venue Rental Performance/Exhibition” refers to a performance/exhibition in which the Foundation provides only the venue, and the organization that rents the venue reserves all rights and responsibilities of the performance/exhibition.
- ⑨ The term “Termination” refers to the registered Member’s act of proactively withdrawing their subscription of their membership class.
- ⑩ The term “Expiry” refers to the state wherein the effective period of the Member’s membership class has elapsed and in which the Member can no longer receive customized service provided for the membership class.
- ⑪ The term “Personal Information Deletion” refers to the Foundation’s act of deleting the Member’s personal information it possesses at the Member’s request or pursuant to these Terms of Service and the law, and has the same effect as “Membership Withdrawal”. The term “Personal Information” shall have the same meaning as that which is defined in the Personal Information Protection Act.
- ⑫ The term “website” refers to Lotte Concert Hall’s website (http://www.lotteconcerthall.com) and Lotte Museum of Art of Art’s website (http://www.lottemuseum.com) for sale of admission tickets and posting of contents information.
Article 5 (Registration Application and Entry into Service Contract)
- ① Members wishing to use the service shall apply for registration by preparing the Foundation-designated application form and thus stating required matters online or in other methods designated by the Foundation.
- ② A service contract based on registration shall be entered into when a customer consents to these Terms of Service and applies for registration under Clause 1 and the Foundation accepts the application and the notification of acceptance arrives at the Member. The Foundation may automate the process of registration acceptance, in which case the registration may be canceled if any circumstances set forth in Clause 3 is discovered after registration.
- ③ The Foundation may only refuse registration in any of the following cases. 1. Where an application for registration is not made in their real name (Another entity’s identity is borrowed or stolen for application, etc.) 2. Where an application for registration contains false statements 3. Where an application for registration is made for the purpose of causing disorder, harm or offense to society 4. Where the Foundation’s requirements for registration are otherwise not met
- ④ The Foundation, where an application for registration falls under any of the following circumstances, may refuse to accept the application until any of the following circumstance ceases to exist. 1. When the service related capabilities are lacking 2. When there are technical difficulties 3. When normal work cannot be carried out due to war, conflicts, or natural disasters or comparable force majeure events 4. When it is otherwise difficult for the Foundation to accept registration
- ⑤ In order to provide normal service and prevent customers’ double registrations the Foundation may ask customers for personal identification by any of the following means. The Foundation may entrust a third-party institution to handle personal identification (or outsource personal identification handling to a third-party institution), in which case the Foundation shall not collect and keep the personal information which the customers provide to such institution for personal identification purpose. 1. I-PIN-based personal identification 2. Mobile phone-based personal identification 3. E-mail-based personal identification 4. Credit card-based personal identification
Article 6 (General Member Service)
Members registering as the Foundation’s member shall be primarily granted the qualifications of a General Member and the following benefits.
- 1. The General Member may access the search service and bulletin boards offered through the website by the Foundation.
- 2. The Foundation shall regularly or irregularly provide performance information notices to General Members who have agreed to receive such information regarding performances from Lotte Concert Hall, and exhibitions from Lotte Museum of Art, through e-mail or mobile phone text message or Kakao Talk services.
- 3. The General Member receives the opportunity to participate in events provided by the Foundation through the website. However, the requirements for participation and number of participation may be limited through methods appropriately announced through the Foundation’s website.
Article 7 (Paid Member Service)
- ① The Foundation’s Paid Member class’ names, annual fees, and effective periods are as follows. 1. Vineyard Black Member: Annual fee 100,000 KRW, effective period 1 year 2. Vineyard Red Member: Annual fee 50,000 KRW, effective period 1 year
- ② The services offered to the Paid Member from the Foundation are as below and are granted selectively based on class. However, General Members are not provided with the following benefits. 1. Tickets may be purchased at a discounted rate for performances designated by the Foundation. - Vineyard Black Member: 10-30% discount (maximum of 4 tickets) - Vineyard Red Member: 5-20% discount (maximum of 4 tickets) However, if tickets for multiple time slots are purchased for the same performance, the total number of tickets for all the time slots shall be considered for the maximum number of tickets, but specific performances designated by the Foundation may be an exception. 2. The Paid Member may receive ticket pre-purchasing service where the Paid Member may purchase the tickets for a performance designated by the Foundation at a discounted price. 3. In case of purchasing tickets for a Planned Performance, L.POINTs accumulate at double the rate. 4. The Foundation issues membership cards free of charge for Paid Members initially and when extending membership. However, if the Member loses the card, a re-issue fee of 3,000 KRW may occur.
- ④ Annual membership fees for Paid Members may be discounted depending on promotional events provided by the Foundation.
- ⑤ The Member may not temporarily freeze the effective period based on personal grounds
- ⑥ The annual membership fee may be paid through credit cards and virtual accounts. In regards to the fee processing, the Member is responsible for the information entered and its concurrent responsibilities. If the fee is not processed within a designated time period, the Foundation reserves the right to cancel the application.
- ⑦ Should the benefits of the Member change, the Foundation must notify the Member in an appropriate manner.
Article 8 (Paid Member Annual Membership Fee Refund)
- ① Where the Member having subscribed for membership class requests refund of their annual membership fee or is otherwise eligible for refund of the same hereunder, they shall be given refund as follows 1. Where the Member not having used membership benefits requests refund within 1 month, the annual membership fee shall be refunded in full 2. Where the Member not having used membership benefits requests refund after 1 month, a refund fee (10%) shall be subtracted from the amount of refund. 3. Where the Member has received benefits through benefits and promotional events under Article 7 Clause 2, refund shall not be allowed.
- ② Where the Member requests refund of their annual membership fee, paid as regards the existing membership class, for purpose of change in membership class, the Foundation shall make refund under Article 1 within 2 months of the date of receiving the request. However, if the annual membership fee of the Member’s pre-change membership class is lower than that of the post-change membership class, the Foundation may request an amount corresponding to the difference in such fee, and until the amount is paid, may withhold change in the membership class.
Article 9 (Membership Withdrawal and Disqualification)
- ① The Member may, at any time after registration, request membership withdrawal, and the Foundation, except in any of the following cases, shall immediately process the membership withdrawal. Membership withdrawal under this Clause shall have the force and effect of termination of the service contract resulting from the registration. However, Vineyard Members may only request withdrawal through the customer center (1544-7744). 1. If the Member’s membership withdrawal must be refused under applicable laws 2. If the Member does not consent to suspension of customized service according to their membership class (where the Member having become the Member by paying annual membership fee according to their membership class consents to suspension of the service provided according to the membership class, the Foundation shall process membership withdrawal after refunding the annual membership fee under Article 8.) 3. If payment is made for such service as purchase of admission ticket or where such service is used. (If the Member consents to suspension of service as in Sub Clause 2, the Foundation shall process membership withdrawal after refunding payment for the relevant service under the refund clause, and if the Member continues to request use of the relevant service, the Foundation may refuse membership withdrawal until the end of such service.)
- ② In cases of membership withdrawal, the Foundation shall immediately delete the relevant Member’s personal information. However, whether or not to delete information other than personal information shall be decided in accordance with Article 25 (Right to be Forgotten).
- ③ Even in cases of membership withdrawal under Clause 1, if applicable laws require keeping of transaction information, personal information may be kept for the period hereunder. The Member may view the information, but may not request correction or deletion thereof.
- ④ In any of the following cases, the Foundation may restrict or deprive the Member’s membership, which shall have the force and effect of membership withdrawal until the Foundation restores the membership. 1. If the Member makes false registration when applying for registration 2. If the Member is involved, in the capacity of the Member, in a crime under the Criminal Act or other criminal laws 3. If the Member steals another person’s ID (username) and password 4. If the Member knowingly interferes with the Foundation’s service 5. If the Member make double registrations or subscriptions with different IDs (usernames) 6. If the Member disseminates, in the capacity of the Member, materials hurting public order or good morals 7. If the Member defames or disadvantages, in the capacity of the Member, another person 8. If the Member commits falsity, illegality, or abuse in the purchase of admission ticket or participation in various events (Specifics shall be set forth in Article 26.)
Article 10 (Updates in the Registered Information)
- ① The Member, where there are changes in the information provided in the application form at the time of registration, shall directly update the same online or request the Foundation for correction.
- ② The Foundation shall not be liable for damages due to the Member’s violation of Clause 1.
Article 11 (Obligations of the Foundation)
- ① The Foundation shall post, on the websites’ initial screens, these Terms of Service, its name, representative, address of place of business (including the address for consumer complaints handling), phone number, business registration number, mail-order sales business registration number, chief personal information officer, etc., so that customers can easily find them. However, it can also provide customers with a link to these Terms of Service.
- ② The Foundation may not carry out acts prohibited by applicable laws and these Terms of Service or contradict public order, and shall provide members with the service in a continuous and reliable manner as prescribed herein.
- ③ The Foundation, when deciding that inconveniences or complaints claimed by members are justified, shall diligently endeavor to resolve them.
Article 12 (Obligations of the Member)
- ① The Member shall comply with applicable laws and these Terms of Service and be aware of instructions notified by the Foundation from time to time, and may not carry out acts interfering with the Foundation’s operation.
- ② The Member shall be liable for all results occurring from their use of their own ID (username) and password.
- ③ The Member may not carry out the following acts in connection with use of the service. 1. Act of using, without authorization, another member’s ID (username), membership card, or membership number 2. Act of reproducing for purposes other than use of the service, or disclosing to a third party, such information as is acquired from the service, without the Foundation’s prior approval 3. Act of infringing on the Foundation’s or a third party’s intellectual property rights (“IPRs”) (e.g., copyright) or other rights 4. Act of bringing about malfunction in information & communications equipment and destruction or confusion in information 5. Act objectively deemed to be connected with crimes under applicable laws 6. Any other act violating applicable laws or these Terms of Service
Article 13 (Postings by the Member)
- ① The Foundation, where it is deemed that the postings or registrations made by the Member on the websites or in other online/offline medium which can be accessed through the membership fall under any of the following, may delete the same without prior notice. 1. Where the postings or registrations slander another member or a third party, thus resulting in the risk of defamation 2. Where there is a risk of violation of public order or good morals 3. Where it is deemed that the postings or registrations are connected with crimes 4. Where the postings or registrations infringe on the Foundation’s or a third party’s IPRs (e.g., copyright) or other rights 5. Where the postings or registrations are posted in excess of the period which the Foundation has announced to the Members in a proper method 6. Where the Member posts obscene materials or links thereto on the websites’ bulletins 7. Where it is otherwise deemed that there are other violations of applicable laws 8. If it is judged to be in violation of other relevant laws and regulations
- ② The Member shall have the rights and responsibilities for their postings, and the Foundation, without the Member’s consent, may not use the same for commercial purposes other than posting on the websites or in other online/offline medium which can be accessed through the membership.
- ③ The Foundation has the right to move the Member’s postings within the websites.
- ④ The Member may not process, sell or otherwise commercially use information acquired through use of the service.
Article 14 (Minors’ Membership Registration and Subscription)
- ① In the registration of or subscription for membership a minor shall obtain their legal representative’s consent, and in the case consent has not been received from the legal representative, the Foundation may refuse a minor’s membership registration or subscription.
- ② In regards to a minor’s paid membership subscription with no consent form their legal representative, if the legal representative requests subscription withdrawal, the Foundation shall refund the annual membership fee under Article 8 (Paid Member Annual Membership Fee Refund) and have the subscription withdrawn.
CHAPTER II. L.POINT
Article 15 (L.POINT Saving and Usage Qualifications)
The Member may save and use L.POINTs. A customer not registered as the Member may not save and use L.POINTs.
Article 16 (L.POINT Saving and Usage)
- ① L.POINTs can be saved as in the following situations. 1. Purchase of tickets for a Planned Performance of Lotte Concert Hall through its website (www.lotteconcerthall.com) and on-site ticket booth 2. Purchase of tickets for a Planned Exhibition of Lotte Museum of Art through its website (www.lottemuseum.com) and on-site ticket booth 3. Payment at all L.POINT affiliates such as Lotte Department Store, Lotte Mart, and Lotteria where L.POINTs can be saved.
- ② The rate of point saving shall be governed by the L.POINT Regulation, which may be revised from time to time according to the L.POINT policy (www.lpoint.com).
- ③ If the Member receives refund of all or part of their payment, L.POINTs already saved for the payment can be canceled. Here, “refund” refers to all kinds of refunds including withdrawal of offer due to the customer’s fault such as a simple change of heart and refund of payment due to the Foundation’s fault.
- ④ The Foundation will not apply points for service payments made before the enactment of this agreement.
- ⑤ As for payment made before membership registration, L.POINTs cannot be retroactively saved after registration. Also, if payment was made in “non-member” capacity and thus points were not saved, the Member may not retroactively save L.POINTs corresponding to the relevant amount.
- ⑥ The Member may pay for all or part of the admission tickets for Planned Performances by Lotte Concert Hall and for Planned Exhibitions by Lotte Museum of Art, by use of points.
Article 17 (Non-transferability and Disposition)
- ① The Member may not monetize, or assign or sell to another person, saved L.POINTs and point benefits.
- ② L.POINTs shall not be inherited by the Member’s heir or assignee, nor shall be disposed of by the Member.
- ③ The Member may not save or use L.POINTs by combining them with those of a third party.
Article 18 (Effective Period, Expiration, and Prohibited Use of L.POINTs)
- ① Points may be used during the effective period below, and after passage of such period, shall automatically be deemed expired. 1. Effective period of L.POINTs: 5 years (60 months) from the month of saving.
- ② Points shall be canceled as follows. 1. In the case of membership withdrawal under Article 9 (Membership Withdrawal and Disqualification) Clause 1, the Member may not use points saved until the date of request for membership withdrawal, and the points shall automatically be canceled unless the Member re-registers within 5 years of the date of such request. 2. Where membership is deprived under Article 9 (Membership Withdrawal and Disqualification) Clause 4, points saved until the date of deprivation shall automatically be canceled. 3. Where (1) an L.POINT card is illegally issued by methods such as false statement or fraud in the membership application form, (2) an L.POINT card is used for unsound purposes (e.g., cashing masqueraded as purchase of goods), (3) an L.POINT card is used by methods such as theft, forgery or unauthorized alteration, or (4) the Member’s personal information is deleted under applicable laws or by their request, points shall automatically be canceled. However, in the aforesaid items (1) through (3), only the points saved under the relevant circumstance shall be affected.
CHAPTER III. PROTECTION OF PERSONAL INFORMATION
Article 19 (Basic Obligations of the Foundation)
- ① The Foundation, in membership registration or subscription, shall collect the minimum amount of information necessary for provision of the Service.
- ② The Foundation, for secure keeping, handling and processing of the Member’s personal information, shall endeavor to provide the necessary means of technical security as prescribed by applicable laws.
Article 20 (Collection of Personal Information)
- ① The Foundation shall collect from the Member the following personal information: Name, ID (username), date of birth, gender, address, contact information (home and mobile phone numbers), e-mail address, I-PIN number, access logs, cookies, access IP information, performances viewed and number thereof, and paid membership class.
- ② The Member shall receive membership by providing mandatory items under Clause 1. The Member may refuse to provide such items, in which case they cannot receive membership. However, optional information items are an exception.
- ③ The Foundation, when collecting the Member’s personal information, must obtain individual consent from the Member. However, as for the personal information which the Member states or enters in the application form and submits to the Foundation at their initial registration, consent to these Terms of Service and submission of the aforesaid application form shall mean the consent to collection and use of personal information.
Article 21 (Use of Personal Information)
- ① The Foundation may use the collected personal information as follows. 1. Personal information shall be used to manage members such as to check an online member’s intent of membership subscription, check the member’s age and his/her legal representative’s consent, check the member’s and his/her legal representative’s identities, member identification, and check the member’s intent of membership withdrawal, etc. 2. Personal information shall be used to analyze records of service use and frequency of access, prepare statistics on service use, provide tailored service and post advertisements according to service analysis and statistics, etc. 3. Personal information shall be used to protect members and operate services (e.g., restrict use by law-violating members, prevent and sanction acts including unauthorized use interfering with smooth operation of service, prevent member account theft and unauthorized transaction, send notice of amendment to the Terms of Service, etc., keep records for dispute mediation, and handle complaints). 4. Personal information shall be used to identity verification, purchase and payment, and shipping of goods and services, in the provision of paid service. 5. Personal information shall be used to contact information-owners by e-mail, text messages, phone, etc., for marketing and promotion purposes, such as providing event information and participation opportunity to consenting members and providing advertising information to promote or recommend purchase of goods and services. 6. Personal information shall be use to check the complainant’s identity, check the content of complaint, contact for fact-finding, notify the results, etc.
- ② The Foundation, unless receiving a separate consent from the relevant member, may not disclose to a third party the collected personal information. The same shall not apply in the following cases. 1. Where specifically prescribed by law (Even when requested by an administrative or crime investigation agency in accordance with the law, the Foundation shall not unconditionally disclose personal information but disclose the same only based on a warrant or a document sealed by the agency head as prescribed by law.) 2. Where necessary for statistical data analysis or academic research and disclosed in a format that does not allow identification of specific individuals
Article 22 (Handling of Personal Information)
- ① Other matters related to management, destruction, request for viewing, request for correction, disclosure to a third party (or sharing), and outsourcing the processing, of personal information shall be governed by applicable laws and the Personal Information Policy.
Article 23 (Right of Refusal to Consent to Collection of Personal Information)
- ① The Foundation does not collect any additional information other than to provide a smooth provision of the service. The Member may refuse to consent to collection or use of personal information, but when thus refusing to consent, may be restricted from use of the website service.
CHAPTER IV. MISCELLANEOUS
Article 24 (Damages and Indemnification)
- ① As regards damages incurred by the Member in connection with provision of the service, the Foundation shall not be liable for damages resulting from the Member’s intent or negligence.
- ② The Foundation, in any of the following cases, shall not be liable for the Member’s damages. 1. Where the service cannot be provided due to an act of God or comparable force majeure events. 2. Where problems occur to use of the service due to another member’s intent or negligence without the Foundation’s fault. (However, the Member may claim damages against another member causing problems to use of the service.) 3. Indirect or consequential damages due to the Member’s special circumstances, as the Member becomes unable to use the service
- ③ The Foundation shall not be responsible for reliability or accuracy of the information, data or facts posted by the Member on the websites or on online/offline medium which can be accessed through their membership (i.e., content of member-created postings).
Article 25 (Right to be Forgotten)
The Member (or their statutory heir in their death), by exercising the right to be forgotten, may request the Foundation for the following.
- 1. Member’s personal information: Can be deleted when requested
- 2. Member’s postings: Can be deleted when requested separately from that for personal information deletion
- 3. Member’s transaction information: Personal information in the transaction information can be deleted (However, transaction information itself cannot be deleted.)
- 4. Information statistically-processed or de-identified and thus disallowing identification of specific individuals: Cannot be deleted
Article 26 (Good Faith in Purchase of Admission Tickets and Participation in Events)
- ① The Member, in the purchase of admission tickets or participation in events, shall comply with the obligation of good faith as follows. 1. They may not inflict damages on other members and the performance promoter by purchasing admission tickets in large quantities and then arbitrarily canceling them. 2. They may not inflict damages on other members by applying for an event and then failing to participate therein. 3. They may not confuse the lottery drawer by stating false information in various applications. 4. They may not give rise to innocent victims through bad-faith activities (e.g., ranking manipulation, false recommendations, and false & bad-faith postings).
- ② Where the Member violates the obligation of good faith under Clause 1, their opportunities for admission ticket purchase and event participation may be canceled even when winning the event or being allotted seats, and if the violations are frequent or serious, their membership may be deprived in accordance with applicable clauses.
- ③ Matters such as the opportunity for event participation, opportunity for ticket reservation and purchase, and deprivation of membership under Clause 2 shall be separately set forth in the Terms of Admission Ticket Purchase and the Terms of Participation in Events.
Article 27 (Jurisdiction)
As for lawsuits concerning disputes related to the service, the court presiding over the location of the Foundation’s main office shall have exclusive jurisdiction.