CHAHONG ACADEMY Terms and Conditions of Use

Terms and Conditions of Use

 

Chapter 1 General Provisions

 

Article 1 [Purpose]

The purpose of this Agreement is to stipulate the rights, obligations and responsibilities of the “company” and its “users” in connection with Internet-related services (hereinafter referred to as the "services") provided by Cha Hong Academy Site (hereinafter referred to as the "website") operated by the CH International Corporation (hereinafter referred to as the "company").

 

Article 2 [Definition of terminology]

The terms used in this Agreement are defined as follows:

1. Cha Hong Academy Site: A virtual business place where "company" has set up to trade "services, etc." using information and communication facilities such as computers and mobile devices to provide “users" with “service" or goods (hereinafter referred to as "services etc."). It is also used to mean a business that operates Cha Hong Academy.

2. Users: "Members" and "non-members" who access the "website" and use "services, etc." provided by the "company" pursuant to these terms and conditions.

3. Members: Those who have been given an “ID” by accessing the "website" and who can continue to use the information and “services” provided by the "company."

4. Non-members: Those who do not subscribe to become "members" but use "services" provided by "company."

5. Contents: Information provided by "website", meaning data or information expressed in symbols, letters, voice, sound, images or videos used in the information communication network pursuant to the Paragraph 1 of the Article 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection etc.

6. ID: A combination of letters or numbers designated by "members" and approved by "company" for the identification of "members" and the use of "services."

7. Password: A combination of letters or numbers designated by "members” to identify as a "member" that matches the "ID" and to protect "members" personal information when using "services".

The definitions of terms other than those in paragraph 1 shall follow the trade practices and related laws.

 

Article 3 [Providing company information, etc.]

"Company" publishes the company's name, representative’s name, address, fax number, e-mail address, business registration number, communication sales business report number, and personal information management manager on its website's initial page for “users” to easily find.

 

Article 4 [Effect and Change of Terms and Conditions]

This Agreement shall take effect as the "user" agrees to the terms and conditions and applies for membership, and the "company" approves the application.

"Company" may revise these terms and conditions to the extent that they do not violate related laws. In case of revising the terms and conditions, "Company" will post the revised terms and conditions along with the previous terms and conditions on the "Company" website 10 days before the revision date by specifying the revision date and reason, and may notify the existing "members" of the revision by sending e-mail to the e-mail address disclosed by the "members" or posting on the website.

In the event of notifying the change of the the terms and conditions as provided in the paragraph 2, the "user" shall be deemed to have agreed to the change unless expressing his/her intention to decline within 14 days from the date of notification.

 

Article 5 [Rules except the Terms and Conditions]

With respect to matters not specified in this Agreement and interpretations, the “Act on Regulation of Terms and Conditions”, the “Act on Promotion of Information and Communications Network Utilization and Information Protection”, the “Act on Consumer Protection in Electronic Commerce etc.” and other related laws and commercial practices shall be applied.

 

Article 6 [Notices to "members"]

"Company" may notify "members" by sending an e-mail to the e-mail address provided by "members" when signing up or by posting a notice or pop-up window on the "website" in case that matters in need of notification to "members" occurs.

Unless "members" express rejection in the manner specified by "company" within 14 days from the date of notification when notified as in the paragraph 1, the notification shall be deemed to have reached to "members" and "members" shall be deemed have agreed to the notification.

If "members" do not agree to the application of the revised terms and conditions, "company" may apply the existing terms and conditions until the paid "service etc." in use is terminated or cancel the service contract.

 

Chapter 2 Membership

 

Article 7 [Membership registration and change of membership information]

Membership subscription will be completed by those who intend to use “services” agreeing to the terms and conditions and applying for membership, and the "company" agreeing to such application.

② Those who intend to sign up for membership in accordance with the provisions of the paragraph 1 shall provide the necessary personal information for the smooth use of the "service" provided by the "company."

"Members" may view and modify his or her personal information at any time on the "correction of information" page of the "company" website,

"Company" shall not be held liable for any disadvantages caused by "members"' failing to modify the changes in the paragraph 3.

 

Article 8 [Application for membership]

Those who wish to sign up as "members" and use "services" shall fill out and submit the required information on the new membership registration form provided by the "company."

Anyone who enters an anonym or non-true information on the new membership registration form is not legally protected and may be restricted from using "service."

"Company" verifies the identity of a "user" by using an email authentication method when the user applying for membership:

 

Article 9 [Approval to Membership Application]

Approval is made by the "company" notifying the person who has applied for membership of "ID" and the start of using "service."

"Company" may not approve a membership application if it falls under any of the following:

1. In case of not applying under one’s real name

2. In case of applying under borrowed names by borrowing or stealing another person's name;

3. In case that the contents of a member registration application are falsely entered, a document containing false information is attached, or the required information is omitted;

4. In case that an application is made in violation of the relevant laws or for the purpose of hindering the well-being order or good customs of society;

5. In case that the requirements for membership application set by the "Company" are not met;

"Company" may suspend its approval until the reasons are resolved in any of the following cases, and shall publish the reasons on its website:

1. In case that the capacity for "service" related equipment is insufficient

2. In case that there is a technical or operational disruption

3. In other cases that "company" admits necessary.

 

Article 10 [Special Rules on Membership of Minors under 19 years of age]

"Users" under the age of 19 shall apply for membership with the consent of their guardian [legal representative] after fully familiarizing themselves with the handling policy of the personal information provided in the electronic form on the "company" website, and shall be cautious in providing their personal information.

"Company" may confirm the consent of the guardian [legal representative] through a separate information or procedure when a "user" under the age of 19 applies for membership.

"Users" under the age of 19 shall provide the name and wire/wireless contact information etc. of their guardian [legal representative] when signing up for membership so that the "company" can confirm the consent of the legal representative in the paragraph 2.

"Company" may reject or cancel membership for "users” under the age of 19 who have not undergone verification procedures for consent from their guardian [legal representative].

A guardian [legal representative] of "members” under the age of 19 may request access to, correct or renew personal information about his or her children, or withdraw consent to sign up for membership, in which case the "company" will take the necessary action without delay. In this case, the "company" may request the submission of documents, such as documents that prove to be a guardian [legal representative].

For "members” under the age of 19, the use of paid "services" provided by the company may be restricted.

 

Chapter 3 Provision and Use of "Service"

 

Article 11 [Technical specifications for the use of "service"]

The technical specifications required for the use of "services etc." provided by the "company" shall be posted on the "website".

In the case of "services etc." that require higher specifications than the technical specifications stated in the paragraph 1 or are available for use with other devices than the computer, the "company" may indicate the contents on the packaging of the "services etc." or "website."

 

Article 12 [Use time and inquiry of "service"]

In principle, "service" shall be operated 24 hours a day unless there are any special circumstances, such as business or technical problems of the "company." However, "company" may decide the available time of some "services" separately, in which case such time will be notified via the "website".

"Users" can make an online inquiry using the "website" customer center if they have any questions regarding learning counseling, video playback errors and technical consultations, communication errors, lecture refunds and changes, and other "service" uses during the use of “service”.

"Company" may store, record and utilize the inquiries made by the "users" according to the preceding paragraph for smooth "service" provision.

"Company" will initiate "service" from the time it approves the application for use by "members." However, some "services" including paid "services" will commence after payment is completed or at the date (time) specified by the "company".

 

Article 13 [Providing Information and Publishing Advertisement]

"Company" may provide "members" with various information deemed necessary during the use of "contents" by "users" by means of notices or e-mails etc. However, "members" may always refuse to receive the information via e-mail etc.

In the event that the "company" intends to transmit the information in the paragraph 1 by telephone and by fax, it shall obtain the prior consent from the "members."

"Company" may post advertisements on the "contents" screen, website or e-mail etc. in connection with the provision of "contents" and "services". "Members" who have received an e-mail etc. with an advertisement may apply to the "company" for refusal of reception.

 

Article 14 [Suspension and Limit of the Provision of "Service"]

"Company" may suspend or restrict the provision of "service" in any of the following cases:

1. In case of an inevitable system check or repair of a facility for optimization of service facilities

2. In case of an unavoidable situation to restore "service" failures caused by Distributed Denial-of-Service (DDoS) attacks etc.

3. In case that there is an interruption in the use of "service" due to a failure of other service facilities or a surge in the use of "service" etc.

4. In case that the telecommunication service provider, as provided under the Telecommunications Business Act, has stopped the telecommunication service

5. In case of unavoidable circumstances such as national emergency or natural disasters

6. In case of any other reasonable reasons for which the "company" acknowledges that it is necessary

In the event that "company" suspends or restricts the provision of "service" under the paragraph 1, "company" shall inform "users" of this. However, exceptions are made in the event that the "users" cannot be notified without reasons attributable to the "company."

In the event that the "service" is suspended or disabled due to the reasons attributable to the "company," the period of use shall be extended by the time the service is suspended or disabled according to the provisions of "company". However, exceptions are made when the "service" is suspended or disabled by natural disasters or equivalent force majeure.

In the event that there occurs a defect in the “content” itself due to the reasons attributable to "company", the period of use shall be extended in accordance with the provisions of "company" for the period during which the defect has not been repaired. However, if it is not possible to provide the complete "content" again, compensation may be made in a different way in accordance with the provisions of the "company".

 

Article 14.1 [Prohibition and blocking of illegal use]

Identification method and blocking of illegal use

1. Based on the data such as IP information and MAC address collected and verified during the "service" use by "members," the "company" categorizes and verifies illegal use of the server.

2. "Company" may close a "service" access forcibly if a "member" runs a replication program while using the "service" or simultaneously accesses with the same ID.

"Company" regards any of the following cases as an act of illegal use:

1. In case that simultaneous access occurs from two or more PCs or mobiles with the same "ID"

2. In case of using "service" on multiple PCs, mobiles or IPs with the same "ID"

3. In case of having others use one’s "ID" or “service" such as a course 

4. An act of selling, renting and transferring one's "ID" and "service" such as a course to others and advertising it

5. In case of running a replication program, recording or attempting to record while using "service",

If a fraudulent user is found pursuant to the paragraph 2, "company" shall sanction the fraudulent user as posted in the "intelligent property protection center" operated by the "company, and "members" shall not demand an extension of the "service" period for the reason of such action. If the "members" object to this action by the "company," they may report the fact to the "company" customer center or the "intelligent property protection center" and receive separate measures regarding their use accordingly.

If a "member" identified by the "company" and finally conformed as a fraudulent user fails to prove that there is no reason for the "member" to be imputed, the "member" shall bear all civil and criminal responsibilities resulting from it.

 

Article 15 [Refund]

A "member" who enters into a contract with the "company" for the purchase of "services etc." may receive a refund by applying through the "company" customer center or "website" within 7 days of receiving the goods in connection with the contract or being able to use the “service” of the “company”.

"Members" shall not receive a refund under the paragraph 1 in the following cases:

1. In case that the "services etc." are lost or damaged for a reason attributable to the "members" or for a reason of natural disasters

2. In case that the value of "services etc." has been significantly reduced by the use or some consumption of "members"

3. In case that the value of "services etc." has decreased significantly to the point that resale is difficult over time;

4. In case that packaging of goods that can be duplicated is damaged

5. In case of receiving "service" from the "company" or viewing the "content" (but nonrefundable only for the part where "service" or "content" has already been provided).

If "members" receive a refund in accordance with the paragraph 1, the "services etc." supplied by the "company" shall be returned to the "company" and the expenses shall be borne by the "members."

Purchasing our "services etc." through In-app of APPLE, GOOGLE and website payment may result in a small fee deducted from the refund amount.

"Company" may have separate refund rules according to "services etc." and the details are specified in the "services etc." or on the "website".

If "members" have purchased our "services etc." through a different distribution channel, they shall comply with the final distributor's refund policy unless otherwise specified.

"Company" shall notify "members" of the reason if it cannot continue "service" for other unavoidable reasons and refund for the disabled part of "service" as soon as possible.

The refund provisions of this article shall not apply if "members" are subject to forced elimination from the "company" in violation of relevant laws and the provisions of these term and conditions.

 

Chapter 4 Rights and obligations of Contracting Parties

 

Article 16 [The Duties of the “Company”]

"Company" shall do its best to provide "service" continuously and reliably.

"Company" shall not divulge or distribute the personal information of "members" to third parties without their consent. Exceptions shall be granted in the following cases:

1. If there is a demand from a state agency according to legal provisions such as the Framework Act on Telecommunications

2. If there is an investigation purpose for a crime or a request from the Information Communication Ethics Committee

3. If there is a request according to the procedure prescribed by other relevant laws

 

Article 17 [Protection of personal information etc.]

"Company" collects the minimum amount of information required when collecting "members"' personal information.

"Company" shall obtain the consent of the "members" when collecting personal information, except as provided in each of the following:

1. Where there is a special provision in the law

2. Where necessary for the implementation of an electronic transaction agreement

3. Where required for settlement of charges following "service" provision

"Company" shall not use the personal information of "a member" for any other purpose without the consent of "the member." Exceptions are made in each of the following:

1. Where there are special provisions in the terms and conditions or laws

2. Where required for settlement of charges following "service" provision

3. Where provided in a form that cannot identify a particular individual as necessary for creation of statistics, academic research or market research;

4. Where required to verify personal identification for prevention of theft

"Company" shall not provide the personal information of “a member" to a third party without the consent of "the member." Exceptions are made in each of the following:

1. Where there are special provisions in the terms and conditions or laws

2. Where required for settlement of charges following "service" provision

3. Where provided in a form that cannot identify a particular individual as necessary for creation of statistics, academic research or market research;

4. Where required to verify personal identification for prevention of theft

"Members" can view and modify their personal information at any time through the personal information management system on the "website." However, the "ID" and "nationality" of "members" cannot be changed.

If the information entered at the time of signup has been changed, the "members" shall modify it directly on the "website" and the "members" shall be held responsible for any problems caused by not modifying it.

"Company" shall discard personal information without delay when the purpose of collecting personal information or the purpose of receiving it is fulfilled.

Notwithstanding the article 7, if the "company" obtains consent from the "members" in accordance with the personal information handling policy in advance, or if personal information needs to be kept for a certain period according to the relevant laws, the "company" may exceptionally keep personal information for a certain period of time.

"Company" may, with the consent of its “members”, have its affiliates use "members"' personal information as defined by the Monopoly Regulation and Fair Trade Act and its Enforcement Decree.

 

Article 18 [Duties to manage "ID" and "PASSWORD" of "members"]

“Members” shall be responsible for all management of the “ID” and “PASSWORD”.

Unless there is intentional or gross negligence of the “company” regarding the management of the "ID" and "PASSWORD" of "members," "members" shall be held responsible for all consequences resulting from poor management and illegal use of the "ID" and "PASSWORD" granted to the "members."

If one’s "ID" is used illegally, the "member" shall inform the "company" of the fact.

 

Article 19 [Duties of “members”]

"Members" shall not perform any of the following acts when using "services”

1. An act of using the "ID" of another "member" illegally

2. An act of having others use their "ID" and "service"

3. An act of executing software that can film, capture, or record videos, pictures, texts, or voice information etc. when using "service"

4. An act of reproducing information obtained from "service" for purposes other than the legitimate use of "members" without the prior consent from "company", using it for publication and broadcasting etc., or providing it to third parties

5. An act of engaging in commercial activities, such as providing goods or services using "services" provided by the "company".

6. An act of infringing or intending to infringe on "company" or a third party’s intellectual property rights or other rights

7. An act of disseminating information, sentences, shapes, etc. in violation of the public order and customs to others;

8. Other acts in violation of relevant laws

"Members" shall comply with the provisions set forth in these terms and conditions and the instructions or precautions of "service".

"Members" shall comply with the notice posted by the "company" in the "service" notice or otherwise published.

"Members" shall not transfer, grant or mortgage the right to use “service” and other status under the service contract to another person unless agreed expressly by the "company"

"Company" may terminate the contract or restrict the use of "service" without a prior notice if "members" violate the paragraphs 1 to 4.

If "Company" terminates the contract or restricts the use of "service" in accordance with the paragraph 5, it shall notify "members." However, exceptions are made in the case of not being able to notify “members” without reasons attributable to the "company.

A "member" shall immediately notify the "company" if he/she has recognized that his/her ID and password have been leaked and used by a third party.

"Company" may require "members" to take necessary measures, such as changing their password, to protect the members' personal information and prevent other fraudulent use activities of "service", in the case of the paragraph 7, and "members" shall faithfully comply with the request of "company" immediately upon request of "company."

"Company" shall not be liable for any disadvantages caused by "members"' not faithfully performing their obligations under the paragraphs 2 and 3 of this article.

 

Article 20 [Withdrawal from Membership]

If a "member" wishes to withdraw from the "website" membership, the "member" or his/her legal representative shall apply to the "website" for withdrawal of membership.

When confirming "member"’ application for withdrawal from membership, the "company" shall promptly process the withdrawal procedure and destroy the "members"' personal information without delay after withdrawal, except in the case where the "company" holds the member information in accordance with the relevant laws and the "website"’ personal information handling policy.

 

Article 21 [Loss and Suspension of Membership]

In the event that a "member" commits any act of the following, the "company" may disqualify or suspend his/her "member" status without a prior notice:

1. In case of stealing someone else's personal information, "ID" and "PASSWORD"

2. In case that the name used for membership is not a real name

3. In case of doing something that damages or disadvantages another's reputation

4. In case of doing an act to infringe or intend to infringe on "company" or a third party’s intellectual property rights such as copyright

5. In case of dissemination contents that are detrimental to public order and the customs of the public

6. In case that "members" plan or implement the use of "services" for the purpose of undermining national interests or social interests;

7. In case of obstructing "service" operation by intention or negligence

8. In case of transmitting a large amount of information or advertising information for the purpose of obstructing the stable operation of the "service"

9. In case of spreading computer virus programs that cause malfunction of information communication facilities or destruction of information

10. In case of replicating or distributing the information obtained using the "service" of "company" or using it commercially without the prior consent of "company"

11. In case of posting obscene materials on the "website" or linking pornographic sites

12. In case of violating these terms and conditions, and other obligations or use conditions set forth by the "company"

13. In case of filming recording, capturing the "service" provided by the "company" or attempting to do such acts without the express consent of the "company"

14. In case of transferring, granting, collateralizing, or sharing the right to use “service” or other status under the service contract to another person without the express consent of the "company"

15. In case that "members" engage in commercial activities, such as the provision of goods or services using "services" provided by the "company".

If "company" disqualifies or restricts the status of "members" in accordance with the paragraph 1, "company" shall notify "members" of it. However, exceptions are made when the “members” cannot be notified without reasons attributable to the “company”.

If "company" disqualifies or restricts the status of "a member" in accordance with the paragraph 1, it may suspend the use of all "services" provided by the "company", and "the member" shall not require the "company" to refund the "service" after suspension.

 

Chapter 5 Others

 

Article 22 [Copyright]

The copyright of the "contents" produced by "company" and the "contents" which "company" has been transferred from a third party shall belong to "company."

The copyright of the "contents" which "company" has been granted access by a third party shall belong to the third party, and "Company" shall have the right to use it.

"Member" shall not use information obtained from the use of "services" provided by the "company" for profit or non-profit purposes by means of copying, transmission, publication, distribution or broadcasting etc. or shall not have a third party use it without the prior consent of the "company."

To protect the copyright of "company" or third parties, "company" may use a program to detect and automatically block the execution of the software in the subparagraph 3 of the paragraph 1 of the article 19 on its "members" computer while "members" use "services."

 

Article 23 [Exemption clause]

"Company" shall be exempted from responsibility for the provision of "service" in the event that it is unable to provide "service" due to natural disasters or equivalent force majeure.

"Company" shall not be held liable for any interruption in the use of "service" due to the reasons attributable to "users."

"Company" shall not be held liable for damages caused by "users" on purpose or negligence among damages incurred by "users" in connection with the use of "service."

"Company" shall not be held responsible for the reliability and accuracy of information, data and facts etc. posted by "users" in relation to "contents."

"Company" shall not be held liable for disputes arising among "users" or between "users" and a third party by means of "contents."

 

Article 24 [Dispute settlement]

"Company" shall take appropriate and prompt measures in the event of a dispute, reflecting the legitimate opinions or complaints raised by the "user." However, in the event that a prompt handling is difficult, the "company" shall notify the "user" of the reason and the processing schedule.

These terms and conditions, and matters related to "users" and "company" are all subject to the laws of Republic of Korea.

 

Supplementary provision (2019. 08. 05.)

 

1. (Enforcement date) These terms and conditions will take effect on August. 05. 2019.