Terms & Conditions
IMPORTANT! Please carefully read the following terms and conditions ("Terms") governing your use (including access, browsing and/or use of any interactive features) of those portions of the MISSHA Global website accessible at https:/missha.com, as well as and including any other ABLE C&C, Inc. websites or web pages accessible through the MISSHA Global website or other promotional websites ABLE C&C, Inc. hosts or sponsors (collectively the “Sites”).
PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU. THESE PROVISIONS SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
Use of the Sites is subject to these legally binding Terms and constitutes your agreement to be bound by and to act in accordance with these Terms. We reserve the right to change the Terms at any time. Any such changes will be posted on the Sites and you agree to be bound by such changes.
1. Ownership Rights/Use of Sites Materials
ABLE C&C, Inc. and/or its affiliates and subsidiaries (“MISSHA”) own all right, title and interest in and to the Sites and/or own the content and applications on the Sites.
MISSHA owns all copyrights for all material on the Sites or has a valid right from a third party to use the material on the Sites.
MISSHA also owns all trademarks, service marks, trade names, logos and domain-names used on or in connection with the Sites or have a valid right from a third party to use any such material. Any modification or use of the materials from the Sites for any purpose not explicitly permitted is a violation of MISSHA's copyright and other proprietary rights.
No part of the Sites may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any manner whatsoever, except for viewing purposes, without the prior written consent of MISSHA. This prohibition also includes framing any content from the Sites, as well as unauthorized linking.
2. Your Obligations and Responsibilities
In the access or use of the Sites, you shall comply with these Terms and the special warnings or instructions for access or use posted on the Sites. You shall act always in accordance with the law, custom and in good faith. Without limiting the generality of any other provision of these Terms, if you default negligently or willfully in any of the obligations set forth in these Terms, you shall be liable for all the losses and damages that this may cause to MISSHA and MISSHA’s partners or licensors.
3. Disclaimer/Limitation on Liability
Use of and browsing in the Sites are at your own risk. Neither MISSHA nor any party representing or otherwise affiliated with MISSHA in creating or presenting the Sites are liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages arising out of your use of the Sites, except where such liability or damage is the result of MISSHA’s own negligence, fraud, willful injury or willful violation of law. To the extent permitted by law and without limiting any of the foregoing, everything on the Sites is provided to you on an "as is" basis, without warranty, either express or implied, of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a specific purpose, freedom from computer virus, or non-infringement.
MISSHA is not responsible for third party websites that link to or from the Sites. MISSHA does not endorse any such sites or the goods or services offered on such sites. MISSHA disclaims all responsibility for the accuracy of any of the information provided on such linked sites and any goods or services provided or purchased from such sites. MISSHA shall not be held liable or responsible for the content of any sites that link to or from the Sites.
5. Accuracy of Information
MISSHA takes reasonable steps to ensure the accuracy of the information included in the Sites. However, MISSHA takes no responsibility for errors or omissions in the content of the Sites and does not guarantee the accuracy, completeness or timeliness of information provided on the Sites. Information provided on the Sites is subject to change at any time without prior notice.
MISSHA try to display the colors of our products as accurately as possible. Nevertheless, the colors shown through your monitor will vary by customer and MISSHA cannot guarantee that your monitor's display of any color will be accurate.
6. No Waiver
The failure on the part of MISSHA to enforce any part of these Terms shall not constitute a waiver of any of MISSHA's rights hereunder for past or future actions.
7. Governing Law and Dispute Resolution
By visiting the Site, you agree that the laws of the South Korea will govern these Terms and any dispute of any sort arise between you and MISSHA.
Any dispute relating in any way to your visit to the Site shall be submitted to arbitration or courts deemed appropriate in the South Korea, except that, to the extent you have in manner violated or threatened to violate MISSHA’s intellectual property rights, the Terms, you consent to waive all your legal rights.
If you choose the arbitration, it will be settled by binding arbitration administered by the Korean Commercial Arbitration Board (“KCAB”) under its Consumer Arbitration Rules (the “Rules” available at http:/www.kcab.or.kr) in effect on the date thereof. The arbitration will be conducted before a single neutral arbitrator chosen by the parties and may be held by telephone or in-person. Disputes may also be resolved by submission of documents and without in-person or telephonic hearings as provided by the Rules. To the extent necessary, the locale of the hearing will be the county of the consumer’s home address or, at the consumer’s election, such other locale as mutually agreed to by the parties, or as determined by the arbitrator. Payment of all filing, administration, and arbitrator fees will be governed by the KCAB’s rules. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, MISSHA will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute.
You acknowledge and agree that these Terms constitute the entire agreement between you and MISSHA with respect to theuse of the Sites.
MISSHA may change these Terms at any time by posting changes on the Sites. Any changes are effective immediately upon posting. The continued use of the Sites constitutes your agreement to any revised Terms.
The Sites are not intended to provide any medical information about the skin or otherwise.
LAST UPDATED: [Feb 1st, 2020]
ABLE C&C, Inc., 2020 All Rights Reserved