Chapter 1: General Provisions
Article 1 (Purpose)
This User Agreement is aimed to set forth rights, obligations, responsibilities, and other necessary matters between Visang Education Co., Ltd. (hereinafter referred to as the “Company”) and general users in relation to the use of educational contents and Internet-related services (hereinafter referred to as the “Service”) provided by the Company to users on the AllviA Edu website (allviaedu.com, hereinafter referred to as the “Site”).
Article 2 (Definitions)
The terms as used in the User Agreement shall be defined as follows:
1. “App” or “Launcher” refers to applications and installation files installed on portable terminals such as smartphones and tablets to implement the services provided by the Company.
2. “User” refers to a member or non-member who accesses the Site and App and uses the services provided by the Company in accordance with this User Agreement.
3. “Member” refers to a User who agrees to the User Agreement proposed by the Company and is registered as a member, entitled to using the Company's information and services on a continuous basis. Members are divided into Partners and Schools.
① “Partner”: A business operator who executed a separate Agreement on AllviA Platform Sales and Operation Support (hereinafter referred to as the “AllviA Sales Agreement”) with the Company and registered itself as a member with the Company's approval, providing support on sales and operation to Schools (educational institutions) in a business area stipulated under the AllviA Sales Agreement, vested with the right to approve School membership of the Site and to receive commissions for sales generated from the School.
② “School”: An educational institution registered as a member with the approval of a Partner to provide to their customers (students, etc.) the educational programs and services supplied by the Site. The Company shall provide Schools with the LMS to use the Service conveniently. A School may create an administrator account (School, teachers and staff) and register their customers (such as students and their parents) as members of the School.
- “Teachers and Staff” may register themselves on the Site upon obtaining an approval as well as their accounts from the School, so that they can administer students and classes, open and manage teacher’s accounts, monitor the status of students class attendance, and check their learning progress and results.
- “Students or Parents” are people who use the educational programs of the Site by registering themselves as a customer of the School with the approval of the School (or Teachers or Staff). They are registered by the School as a User of the Site, after going through the required procedures such as subscribing consents from Students or Parents to provide their private information.
4. “Non-Member” refers to any person who is not a Member and uses the Service provided by the Company.
5. “ID” refers to a combination of letters and numbers or an email selected by a Member and approved by the Company for the purpose of the Member’s identification and Service use.
6. “Password” refers to any English letters, numbers, etc., designated by the Member and registered with the Company in order to identify the Member and to protect its rights and interests.
7. “Service” refers to providing the system and products such as educational programs developed and produced by the Company so that Members may use them through the Site.
8. “Cyber Money” refers to a virtual payment means used throughout the Company's Site, often under the name of V-cash or points, to purchase contents and Services. Detailed information is posted in a separate User advisory.
9. “Voucher” refers to a product vested with a right to assign additional students in the entire lessons or a certain lesson in progress or to use Services. For each educational program, there are 5-day, 10-day, and 20-day vouchers, Lexile voucher, online teacher training, on-site teacher training, etc. Members can use each voucher during the effective period.
10. “Free Service” refers to a Service that can be used free of charge. When a School is initially registered for Membership, the Company will provide points to allow the Schools to experience educational programs free of charge.
11. “Service for Charge” refers to a Service that can be used only after payment of the Service charge is completed.
12. “Payment and Refund”: Payment means that a Member pays or recharges the Company a certain amount set by the Company through the various payment methods stipulated in this User Agreement in order to use the Service for Charge. “Refund” means returning any paid money by cash.
13. “Auto payment” refers to a payment mode whereby, in accordance with the Member’s agreement to recharge a certain amount of V-cash every month, a stipulated V-cash is automatically recharged (paid) through payment method designated by the Member.
14. “Purchase and Refund”: “Purchase refers to buying Services for Charge on the Site using V-cash recharged through payment or points received separately. “Refund” means canceling the purchase of a Service and re-crediting the payment with V-cash or points.
15. “Operator” refers to a person or organization (Company) selected by the Company for the overall management and streamlined operation of the Service.
16. “Post” refers to texts, photos, videos, and various files, links, comments and other information in such forms as texts, codes, sounds, images, and videos posted by a Member on the Company's Site in using the Service.
Terms other than those enumerated above shall be defined in accordance with transaction practices and applicable laws.
Article 3 (Provision of Company Information, etc.)
The contents of this User Agreement, the Company’s trade name, representative, address (including the address where User complaints can be handled), phone number, facsimile number, e-mail address, business registration number, mail-order business declaration number and officer in charge of personal information shall be posted on the initial screen of the online Service so that Users can readily identify such information. However, the User Agreement terms can be so placed that it can be viewed by a linked screen.
Article 4 (Posting of Agreement Terms, etc.)
The Company shall post this User Agreement on the Site in such manner that Users can view its terms by way of a separate linked screen.
Article 5 (Amendment of this Agreement Terms, etc.)
1. The Company may amend this User Agreement to the extent that it does not violate relevant laws including but not limited to the Content Industry Promotion Act, the Act on the Consumer Protection in Electronic Commerce, etc., and the Regulation of Standardized Contracts Act.
2. When the Company revises the terms of this Agreement, it will publicly display the revised terms together with the existing terms on the initial screen of the Service, specifying the date of effect and the reason for the revision beginning seven days (or 30 days if such changes are unfavorable to Users or otherwise material) prior to the date of effect for a reasonable period of time, and serve an e-mail notice of such revision to the current Members including the revised terms, effective date and reason for such revision.
3. Any Member who does not consent to the application of the revised terms may discontinue using the Service and withdraw from the membership.
4. If an existing Member does not raise an objection within the period notwithstanding the display or notice stated in Paragraph 2 hereof, the Member shall be deemed to have consented to the changed terms.
Article 6 (Interpretation of Terms, etc.)
Matters not stipulated in this User Agreement as well as interpretation of terms of this User Agreement shall conform to relevant laws and regulations, individual Service user agreements prescribed by the Company, detailed usage guidelines and rules, or general commercial practices.
Chapter 2 Membership
Article 7 (Membership)
1. For a Partner and School to subscribe Membership, the User shall agree to the Agreement terms, fill out the relevant information in the pre-set application form provided by the Company and apply for Membership, subject to Company’s approval for a Partner and the Partner’s approval for a School. It should be noted that Membership registration is not allowed for any entity which is neither a Partner nor a School, or any individual under the age of 14, in principle.
2. Customers, such as students and parents, teachers, and staff members may use the Site's features and Services within the scope of the prescribed rights when a School Member registers certain prescribed information on the Site which it has collected by obtaining explanation of using the Company's Service and individual consent to providing personal information at the relevant educational institution. As School Members are responsible for managing personal information as a result of the registration of teachers, staff, students, and parents, registration shall be completed without the Company's separate consent.
3. All information filled in by the Member in the application form mentioned in Paragraph 1 shall be considered to be real and true data. No legal protection may be imparted to any User who does not enter his/her real name or truthful information and such User may be restricted from using the Service.
4. The Company shall in principle grant the Membership to a User, once the User’s application made under Paragraph 1 hereof is approved by the Company or by the Partner, as the case may be. However, the Company shall reserve a right to refuse or withhold to approve an application, or cancel an application that has already been approved, in case where:
① the Service may not be provided in normal fashion due to any circumstances beyond the Company's control;
② the applicant identified him/herself with a false name or someone else's name;
③ the applicant entered false information or failed to provide information which the Company requested for;
④ the User made a double-registration using different IDs;
⑤ the User shares his/her ID with someone else for using the Service;
⑥ the User has a history of forfeiting Membership as a result of violating the Member's obligations under Article 15 hereof; or
⑦ the User is deemed to fail to meet the requirements for application prescribed by the Company.
5. The Company shall reserve a right to withhold approval if no extra Service-related facilities are available instantly or there exist technical or business issues.
6. In the event where the application for Membership is refused or withheld under Paragraphs 4 and 5, the Company shall notify the applicant thereof; except where the Company is unable to notify the applicant without a reason attributable to the Company.
Article 8 (Change of Member Information)
1. Partner Members and School Members may view and modify their personal information at any time by entering the password correctly on the Member information management screen.
2. School Members may modify the administrator account of the relevant educational institution and the passwords of teachers, staff members, and customers (Students and Parents), and manage the administrator account and customers’ right to use the Service.
3. The Company shall not be held responsible for any disadvantages caused by the Member's failure to notify the Company of any change in the information entered at the time of Membership application.
Article 9 (Member Obligation regarding ID and Password Management)
1. Every Member shall be responsible for managing his/her ID and password, and shall not allow a third party to use them.
2. If the Member becomes aware of his/her ID or password stolen or used by a third party, the Member shall immediately notify the Company thereof.
3. In the event of Paragraph 2, the Company may request the Member to take necessary measures, including changing the password, in order to protect the Member's personal information and prevent wrongful uses. The Company shall not be held responsible for any disadvantages caused by failure of the Member to comply with such request of the Company.
4. If a Member has created multiple IDs, the Company may, upon notifying the Member thereof, delete all other IDs than the main ID selected by the Member.
5. The Company may hold responsible any Members who violate the obligations contemplated in this Article.
Article 10 (Notification to Members)
1. The Company may notify a Member of any event that needs to be notified by way of the e-mail address provided by the Member, a pop-up window, or any other on or off line communication methods.
2. For notification to all Members, the Company may post such notification on the Company Site’s message board for seven days or longer in lieu of the notification mentioned in the preceding paragraph. However, for any matter significant to a Member’s Membership, such as the Member's use of Services for Charge, the notification method mentioned in Paragraph 1 shall be used.
Article 11 (Withdrawal from Membership and Disqualifications, etc.)
1. Any Member desiring to withdraw from Membership may request the Company for withdrawal from Membership. In case where a Partner Member or School Member requests for withdrawal or forfeits his/her qualification as Partner or School, the Company may take the process of Membership withdrawal, and in case of a Student, Parent and Teacher or a Staff Member, the Company requests the School Member to take the process of withdrawal so that his/her Membership is terminated once the School Member has deleted the relevant information from the Site.
2. When a School Member withdraws, the data relevant to existing Student, Parent and Teacher, Staff member and history of learning registered by the School Member shall be deleted immediately and will not be reinstated when such Member regains the Membership.
3. In case where a Member violates this User Agreement or related laws, the Company may place a restriction on the Service use or terminate his/her Membership.
4. In accordance with the Personal Information Protection Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, as well as the Enforcement Decree of said Acts, the personal information of Members who have not used the Service for one year continuously (constituting a dormant Membership) shall be stored and managed in separation from the personal information of other Members without using or disclosing unless otherwise provided in any statutory source. In this case, the Member concerned shall be notified of the fact that necessary actions are to be taken the fact that his/her personal information is stored and managed separately, and the item of personal information subject to said action by e-mail, letter, facsimile, telephone or similar methods not later than 30 days before the date of action. However, this Paragraph shall not apply to the information of a business entity.
Chapter 3: Service Use Agreement
Article 12 (Public Notification of Service Contents, etc.)
1. The Company shall display the following information on the initial screen of the Service use or on its packaging so that it is readily understood by Users:
① name and type of Service;
② Service price and period of use;
③ name of the party who produced the Service (the name of the corporation, if the producer is a corporation); and
2. For each Service, the Company shall provide Users with information on suitable devices and the minimum technical specifications that are required for use.
Article 13 (Cyber Money)
Cyber money for the Site shall be of the two types: V-cash and point, which shall have the following features, respectively:
- Cash: Cash-equivalent valuables recharged by the School through payment, which are divided into “general payment V-cash” and “auto payment V-cash”.
- Point: Cyber money payable to Schools in accordance with the Company’s policy such as in relation to joining the Site, using the Service, etc., which cannot be exchanged for cash.
1. V-cash recharge and cancellation of payment (refund), purchase and cancellation of purchase (re-crediting)
① The V-cash shall be recharged by the Member using the Company-designated payment method, and the recharged V-cash may be used to purchase Services for Charge or vouchers on the Site.
② The V-cash remaining unused by the Member can be refunded at the request of the Member in the same method used for the payment made by the Member, after deduction of 5% commissions such as PG company and card commissions for each payment transaction.
③ Even after a Member purchases a Service for Charge on the Site with V-cash, he/she may request that the purchase be cancelled before using the Service or within the period agreed upon at the time of purchase, so that the cancelled purchase shall be re-credited into the Member’s V-cash.
④ Partner Members shall have a right to convert the deposit they have paid under the AllviA sales contract into V-cash by the method agreed with the Company and use it for sales promotion and School support.
⑤ Any remaining V-cash shall be refunded upon withdrawal from Membership, or may be forfeited if the Member does not request for a refund or fails to provide necessary information for refund.
2. Point crediting, use and cancellation/re-crediting
① Points are provided to Members pursuant to policies separately set by the Company, such as policies relating to joining the Site, purchase of Services for Charge (cash payment), and free trial, which can be used in the unit of 1 point; provided, certain Services cannot be used with points.
② The period to use points is generally one year, except for points with designation of a different period of use (30 days for the points provided for free trial, and various days indicated for other event points), which points shall expire automatically if not used for the indicated period of use. The Company will notify the Member 30 days before the expiry of the points.
③ Points cannot be converted into V-cash, refunded for cash, or transferred to someone else.
④ If a Member cancels the purchase after having purchased a Service for Charge, the points will be re-credited as points according to the criteria laid down by the Company.
⑤ The point payment policy mentioned in Paragraph ① above may be changed, and the changed contents may be separately posted by the Company on the Site.
⑥ When a Member withdraws from Membership or when the Company closes the operation (business) of the Site, all accumulated points shall be voided permanently.
Article 14 (Formation of User Agreement, etc.)
The service user agreement shall come into being when it is separately executed by and between a Member and the Company.
Article 15 (Auto Payment and Termination)
1. The Company may continue to keep a Member's payment-related information for a certain period after the end of the Service use period and period for auto payment in order to that automatic renewal of the monthly Service user agreement and billing for user’s fees can be processed continuously.
2. If a Member, after having applied for an auto payment, fails to request for a cancellation separately, automatic billing and payment (recharge) shall be made on the designated payment date every month in the designated method, regardless of whether such Member has actually used Service for Charge or V-cash (as calculated for the number of Service days from the day following the first payment date).
3. Any person using someone else's payment information without consent shall bear civil and/or criminal liability and may be punished by relevant laws.
4. If a auto payment is not made due to change of payment information, loss of credit card or mobile phone, or for any other reason, automatic recharging will stop automatically one month after the last auto payment date.
5. The Company shall not be held responsible for any damages resulting from the suspension of auto payment due to reasons attributable to the Member, such as failure to pay the Service fee or the suspension of auto payment.
Article 16 (Obligations of the Company)
1. The Company shall maintain good faith in exercising the rights and fulfill the obligations stipulated in the relevant statutes and in this User Agreement.
2. The Company shall be equipped with a security system to protect personal information (including credit information) so that Members can use the Service safely, and shall disclose and comply with its policy on personal information.
3. If the Company considers justifiable the opinions or grievances posed by Members in relation to the use of the Service, the Company shall ensure that they will be handled without delay. For such opinions or grievances, the Company shall disclose the progress and results of the case on the message board or by e-mail.
Article 17 (Responsibilities of Members)
1. No Member may engage in the following acts, or the Company may put a restriction on the violating Member regarding the use of all or any part of the Service by designating a period, or terminate the Member’s User Agreement after a reasonable period from having served a final notice. However, the Company shall grant the Member with an opportunity to explain in a certain period of time, and if the Member successfully disproves his/her intention or fault, the Company shall extend the period of use by the period during which his/her Service was suspended.
① providing false information or using someone else’s information (personal information such as ID) at the time of application or information change;
② reproducing, using for publication, transmission, etc., or disclosing to a third party such information (contents) as obtained by using the Service for purposes other than using the Service without prior consent of the Company;
③ changing posted information on the Company;
④ transmitting or posting information prohibited by the Company (computer programs, etc.);
⑤ committing infringement of intellectual property rights such as copyrights held by the Company or any third party;
⑥ committing any act to damage the reputation or obstruct the business of the Company or any third party;
⑦ disclosing or posting on the “Company” Site any words, writings, images, sounds, or other information which is obscene or violent or otherwise in contravention of public order and moral;
⑧ interfering with other Users' use of the Service or impersonating the Company's management, staff, or other related persons; or
⑨ committing other illegal or unfair acts.
2. Members shall comply with applicable statutes, the provisions of this User Agreement, User advisory and other Service-related notices, notifications from the Company, etc., and shall not engage in any acts that may obstruct the Company's business.
3. No Member may assign, donate, or provide as collateral to others the right to use the Service or his/her contractual status, without the Company's express consent or approval.
4. Members shall manage his/her ID and password safely and comply with the policy against ID sharing published separately by the Company, and the Company may hold the Member liable for the consequences of negligent or improper use thereof.
5. Partner's Obligations
① Partners shall faithfully extend assistance so that the School my use the Services from the Site without a hitch.
② Partners shall promptly confirm and approve immediately, upon receiving a request from a School for Membership registration.
③ A Partner withdrawing from his/her Membership shall have a consultation with the Company to complete the process of handing over the School under his/her management.
6. School’s Obligations
① A School can create and register accounts for teachers, staff, students, and parents, and is responsible for management of all personal information collected in the process involved.
② A School shall conduct management in a way that registered teachers, staff, students, and parents can smoothly entertain the Services from the Site.
Article 18 (No Unlawful Use)
1. The Company will consider fraudulent in cases where:
① simultaneous connection with the same ID arises from multiple PCs;
② using the Service from multiple PCs or IPs with the same ID;
③ using the Member's ID to allow others to use the Service; or
④ using the Member's ID to sell, rent, or assign Services to others or advertising these acts.
2. If a User is found to be engaged in an unlawful act in accordance with the preceding Paragraph, the Company may immediately suspend the use of the Service or terminate the User Agreement following a reasonable period after having served the final notice, and may hold the Member liable for all consequences of such unlawful use.
3. If a Member has any objection to the measures taken by the Company under Paragraph 2 of this Article, he/she shall have an opportunity to explain to the Company, and if the Member successfully disproves his/her intention or fault, the Company shall extend the period of use by the period during which his/her Service was suspended.
4. How to identify and stop the unlawful use
① The Company shall, through the server, identify and classify a Member’s unlawful use based on data such as IP information collected and verified while the Member is using the Service.
② The Company may by force block a User’s access to the Service if the User activates a duplication program while using the Service or accesses using the same ID at the same time.
Article 19 (Method of Payment for Service use)
The payment for the use of the Service can be made by any of the following methods, with the currency for payment being US dollars (USD) only. However, auto payment is possible only in the case of payment by credit card.
1. Credit Card
2. E-wallet, Bank Transfer, Prepaid Card
Article 20 (Provision and Suspension of Services)
1. In principle, the Service is provided 24 hours a day, 365 days throughout a year.
2. The Company may temporarily suspend the provision of Services in the event of maintenance of information and communication facilities such as computers, or replacement or breakdown thereof, interruption of communication, or any significant operational reasons. In such his case, the Company shall notify the Member in the method specified in Article 10; provided, if there is an inevitable reason that the Company cannot notify in advance, such notification may be made afterwards.
3. In case where the provision of Service for Charge is temporarily interrupted due to a reason attributable to the Company’s responsibility, the Company shall compensate for loss incurred by Members by, for example, extending the Service period by the period during which the Service could not be used. However, the Company shall not be responsible if the Service is interrupted or a failure occurs due to a third party’s intent or fault.
4. In the event that the Company becomes unable to provide Services for reasons such as change in its business items, renunciation of business, combination between undertakings, etc., it shall provide refund according to Article 27 after serving a notification to the Members in a method specified in Article 10.
5. The Company may conduct regular inspections if necessary for the provision of Services, in accordance with the specific inspection time displayed in the Service provision screen.
Article 21 (Change of Service)
1. If warranted by a significant reason, the Company may change the Services it has been providing to meet operational and technical needs.
2. To ensure smooth Service, the Company may separately retain within the Site those data related to learning (learning contents, assignments, learning history, etc.) which has elapsed one year after the completion of learning. Therefore, the learning data that has been longer than one year after the completion of the learning may not be shown within the Site, but shall be available for viewing (or checking separately) if a request for viewing is made through the customer center. However, such viewing may not be available if any problem occurs upon the current learning data during data recovery process. Furthermore, learning-related data will be permanently deleted five years after Membership withdrawal or completion of learning.
3. In case of any change in the Service under Paragraph 1, the Company shall notify the Members of the reason for and contents of such change in the method stipulated in Article 10.
Article 22 (Provision of Information and Advertisement Posting)
1. While the Service is being used by Members, the Company may provide Members with various information deemed necessary by way of notifications or e-mail.
2. The Company may post advertisements on the Service screen, on the Company's site, or in e-mail, in connection with the provision of the Service. Members in receipt of e-mails containing advertisements, etc. may refuse to receive such e-mails.
Article 23 (Member's Posts and Deletion)
1. The Company may instantly delete posts uploaded by Members which violate this User Agreement, or any applicable statute including the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., or which fall under any of the following subparagraphs. In case of Subparagraph 10, however, the case details shall be posted in advance on the Company’s public notification.
① If it is a slanderous or detrimental to reputation of the Company, any other Member or a third party;
② If the contents disseminated are in violation of public order and morality;
③ If its contents are deemed related to a criminal act;
④ If it is made of contents that infringes the Company's copyright, third party's copyright, etc.;
⑤ If it creates a dispute in a way violating laws or infringing the rights of others;
⑥ In case of posting unnecessary or unauthorized advertisements or promotional materials;
⑦ If the content is created as a result of stealing someone else’s personal information or impersonating another person or is made up of information that has been forged or tampered with without permission;
⑧ If the same contents are repeatedly posted or otherwise in violation of the purpose of the public posting;
⑨ If the posting is found to be in violation of the Company's guidelines for message board operation; or
⑩ If the Company determines that there is not enough capacity of Service facilities to be spared for such posting.
2. A person whose legal interests are infringed by the information posted on the message board operated by the Company may request the Company to delete the information or allow posting a controverting statement in response. In this case, the Company shall promptly take the necessary actions and notify the applicant thereof immediately.
Article 24 (Vesting of Copyright, etc.)
1. Copyrights and other intellectual property rights for works created by the Company shall be vested in the Company.
2. No User may utilize for profit or allow any third party to use any information the intellectual property of which is vested in the Company or the information provider that have been obtained as a result of using the Service provided by the Company by means of copying, transmitting, publishing, distributing, broadcasting, or any other methods, in the absence of a prior consent of the Company or the information provider.
3. Copyright of posts uploaded by Users in the Service shall be protected by the Copyright Act. The Company may use Members' posting only for purposes of Company promotion. However, the Company shall discontinue such use if the Member raises an objection thereto.
4. Users shall permit the Company to use the postings uploaded by the User for the following purposes in and out of the home country. However, if a User raises an objection in case of Subparagraphs 2 and 3, the Company shall discontinue displaying and distributing at the time when such objection is raised.
① To reproduce, transmit, display, distribute User posts within the Service, as well as to revise them by simplifying or modifying the size of User posts for the purpose of exposing them on the Service screen as excellent posts;
② To display or disseminate User posts as part of the services in the related websites operated by the Company; or
③ To cause media, telecommunication companies, etc. to report or broadcast the contents of the User's posts for the purpose of promoting the Company's Services.
5. Notwithstanding Paragraph 4, if the Company intends to use the User's postings for other commercial purposes than specified in each subparagraph of Paragraph 4 (for example, providing a post to a third party for monetary consideration, etc.), the Company shall obtain consent from the User beforehand. The Company's request for permission to use the posting, the User's consent, and the withdrawal of consent shall be communicated by the means designated by the Company, such as phone, e-mail, or fax.
6. If a Member forfeits or withdraws from the Membership in accordance with Paragraph 1 of Article 17, the Company may delete the Member's posts without a need to obtain a separate consent or to take the notification procedure.
7. The Company may, without changing the contents of the original post, change the placement of the posting due to reasons such as Company’s merger, business transfer, or combination between websites operated by the Company.
Article 25 (Personal Information Protection)
1. The Company shall commit itself to protecting Users' personal information as stipulated by applicable statues, such as the Act on Promotion of Information and Communications Network Utilization and Information Protection. The protection and use of personal information shall be governed by the applicable statues and the Company's personal information processing policy.
2. When the Company collects the User's personally identifiable personal information, the consent of the User shall be obtained, and the User may at any time request viewing and error correction of his/her personal information held by the Company, which shall be obligated to take necessary action without delay.
3. The Company may not use or disclose to a third party the information provided by the User when filing an application for use, etc. as well as the information collected pursuant to paragraph 1 for any other purpose without the consent of the User, except where:
① it is provided to the extent necessary for preparation of statistics, academic study, or market research, in a form that cannot identify a specific individual;
② it is necessary for the settlement of fees for the provision of Services;
③ it is necessary for User identification to prevent misappropriation; or
④ it is inevitable under the terms of this User Agreement or statutory provisions.
4. The Company will minimize the number of operators to protect personal information, and bears responsibility for damage to Users arising from loss, theft, leakage, or tampering of personal information.
5. The Company or any person provided with personal information by the Company may use the personal information within the scope consented by the User, and once the purpose is achieved, the personal information shall be destroyed immediately.
Article 26 (Special Provisions for Users Outside Korea)
While the Company endeavors to formulate its business into a global service with universally applicable standards, it is also committed to abiding by relevant local laws. Each Member shall consent to his/her personal data to be transferred to and processed in Korea.
Chapter 4 Rescission of Service Use Agreement and Refund
Article 27 (Rescission of Member's Service Use Agreement)
1. A Member who has entered into an agreement relating to using the Service with the Company may request rescission of the agreement, subject to varied application for each product to the extent not violating this User Agreement and relevant laws.
2. If the Member wishes to withdraw (rescind) the subscription under Paragraph 1, he/she shall communicate such intention to the Company by calling the Company's customer center or by means of facsimile transmission, etc.
Article 28 (Member's Cancellation of Payment and Change/Refund Policy)
In relation to V-cash paid by a School Member within the Site, the Company implements the cancellation policy and refund policy as follows:
1. The V-cash that a Member has recharged through payment can be refunded for each payment at any time when a Member requests for a refund, after a deduction of a fee equivalent to 5% of the total refund amount, regardless of when the refund is made.
2. After the Member has paid, both partial refund (some amount) and full refund of V-cash are possible, and V-cash refund can be made using the payment method proposed by the Company.
3. Any Member desiring to withdraw (cancel) the subscription under Paragraph 1 shall communicate his/her intention to the Company through the Site (My dashboard) or customer center inquiry. If a Member communicates his/her intention to rescind the Service User Agreement, the Company shall immediately accept such notice.
4. If there remains an amount to be refunded after the Company confirms the Member’s intention to withdraw subscription, terminate/rescind the Agreement, the Company shall, in principle, request the business operator involved in each payment method to stop or cancel the billing within three business days from the date of receipt of the Member's expression of such intent and proceed with generating the refund in the same payment method by which the Member paid initially. It may take some time before the payment is actually refunded to the member depending on payment method by the member. However, the Member's right to withdraw the subscription may be restricted if appropriate measures are taken in accordance with relevant laws (Electronic Commerce Act, Contents Industry Promotion Act, etc.), such as having advised that the Service shall not be subject to any withdrawal (cancellation) of subscription.
5. When generating a refund, the Company will refund all or part of the payment in the same way as the User completed the payment for the Service. However, if generating a refund in the same way is not feasible, it shall be immediately notified to the User and the Company shall generate the refund in the method selected by the User. However, the refund method and refund period may differ depending on each individual payment method, if the Company has notified the Member beforehand and in any of the following cases:.
① Within three business days from the date when the receipt is confirmed in the case of a payment method that requires confirmation of receipt, such as credit card transaction.
② With respect to refunds made after the deadline has passed, in case where the business operator involved in each payment method has previously set a deadline for stopping billing or canceling payment through an arrangement with the Company.
③ In case where the Member has a gain obtained as a result of using the Service for Charge/Voucher, or in the case of early termination.
④ In case where a Member fails to immediately provide to the Company information or materials necessary for processing the refund.
⑤ In case where the Member has explicitly communicated his/her intent.
6. When the Company is to generate a refund, the amount equivalent to the gain obtained by the Member from using the Service as well as the amount specified by the Company to be deducted depending on each case, such as a penalty, may be deducted therefrom.
7. Pursuant to the Guidelines for Protecting Content User, etc., the Company may generate a refund by deducting therefrom incidental expenses and fees that the Company has incurred or will have to incur.
Article 29 (Refund of Amount Overpaid by Error)
1. If there is an overpayment due to an error on the part of the Company, the Company shall refund the full amount of such overpayment. However, if a refund cannot be generated in the same way, the Company shall notify thereof in advance.
2. If there is an overpayment due to an error on the part of the Company, the Company shall refund the entire amount of the overpayment, regardless of contract costs or fees. However, in the event of an overpayment due to an error attributable to the User, the cost incurred by the Company to refund the overpayment shall be covered by the User to a reasonable extent.
3. Should the User refuse to refund the overpayment by error alleged by the User, the Company shall bear the burden of proving that the Service User fee has been properly invoiced.
Article 30 (Termination/Rescission of Agreement by the Company; Restriction on Use)
1. In the event where the User has committed an act specified in Article 17, Paragraph 1 hereof, the Company may rescind or terminate the Agreement without prior notice or restrict the use of the Service for a period it designates.
2. Rescission and termination of Paragraph 1 takes effect when the Company expresses its intention to the User the notification method designated by the Company.
3. In the case of rescission or termination of the Agreement due to a reason attributable to the User, the Company may not apply the refund provision of Article 27.
Chapter 5 Miscellaneous
Article 31 (Disclaimer)
1. If the Company cannot provide the Service due to a natural disaster or force majeure equivalent thereto, the responsibility for providing the Service shall be exempted.
2. The Company shall not be responsible for any interruption in using the Service due to a reason attributable to the User.
3. The Company shall not represent and warrant the reliability and accuracy of information, data, and facts posted by Members in relation to the Service.
4. The Company shall not be responsible for disputes due to contents between Users or between a User and a third party.
Article 32 (Dispute Resolution)
1. Upon occurrence of a dispute, the Company shall take appropriate and prompt actions by reflecting the legitimate opinions or complaints posed by Users. However, if prompt handling is difficult, the Company will notify the User of the reason and the handling timeline.
Article 33 [Governing Law and Jurisdiction]
1. This User Agreement shall be governed by and construed with reference to the laws of the Republic of Korea.
2. If a dispute between the Company and a User escalates to a lawsuit, the Seoul Central District Court of Korea shall be the court of exclusive jurisdiction.
This User Agreement shall take effect on October 15, 2021.