About the term of services

This term of services provides the criteria for the right, duty and responsibility, usage process, and other relevant factors for “the company” and the service member in using the service (“the service”) provided by the Rootalky website (“the company).
Article 1.
Purpose
This term of services provides the criteria for the right, duty and responsibility, usage process, and other relevant factors for “the company” and the service user in using the service (“the service”) provided by the Rootalky website (“the company). For electronic transaction that uses ‘PC communication, etc.’, unless its characteristic does not confront it, this term of services is to be complied.
Article 2.
Definition
  • The definition of the words used in this term of services is as follow:
  • “The company”: A virtual business place set up by ‘Rootalky’ to provide services to users using information communication devices (such as computer), and can also be a business person who manages the website.
  • Third Paragraph
  • “User”: A user who visits “the company” and who receives “the service” provided by “the company” according to this term of services. A member can be “a member” or “a non-member”.
  • “Member”: A user who registered with “the company” by providing personal information, who receives the constant information from “the company”, and who can continuously use “the service” provided by “the company”.
  • “Non-Member”: A user who does not registered to be “a member” and uses “the service” provided by “the company”.
  • “E-mail (ID)” :Internet mail account. A unique ID decided by “the member” and approved by “the company” for identification of “the member” and for using “the service”.
  • “Password”: Configuration of letters and numbers decided by “the member” in order to identify the user who matches with the “E-mail (ID)” of “a member” and to protect the personal information of “the member”.
  • “Manager”: A person assigned by the company to oversee the management of “the service” and smooth operation.
  • “Star”: A fidelity point that can be earned per 1 time of 1:1 conversation class provided by Rootalky. One star is given per one class.
  • “Announcements”: It refers to contents in information format, such as text, picture, video, files, links, special symbols, sound, display that are shown on the “service” for the use of “service” by “the member”.
Article 3.
The effectiveness of the terms and changes
For the “member” to find this term of services easily, “the company” displays the terms on the front page of the “service” site. The company may change this regulation, and the company will announce such a chance following the contents in Article 1, thus making it effective. If the company updates the terms of service, the company is allowed to do so within the range specified by the relevant regulations, including framework act on electronic commerce, digital signature act, regulation for usage of information communication network, regulation for sales by visit, regulation for consumer protection, and others. If the company updates the terms of service, the company explains the reason for the update and the effective date of the change, and announce the change at least 7 days before the effective date following the contents in Article 1. However, changes in terms of service that are critical for the right or responsibility of “the member” should be announced at least 30 days in advance, and the updated terms should be notified to “the member” at his/her registered “e-mail”. If the company updates the terms of service, the updated terms is applied for only contracts that are made after the effective date, and for any contracts made before the update is complied by the terms of services before the update. However, if the user who made the contract before the update wants to apply the updated terms to his/her contract, the updated terms of services may be applied if “the company” receives the request within the period described in Article 3, and if “the company” agrees to such a request. If “the member” does not show clearly the intension to refuse to accept the updated terms of service, after its notification according to the contents in Article 3, it is assumed that “the member” has agreed to the updated terms of services. However, if “the member” does not agree to the terms of services, the member can stop using “the service” and nullify the contract. “The member” is responsible to pay attention to the updated terms of services, and the company is not responsible for any damage made to “the member” due to “the member’s” lack of attention to the updated terms of services. For any contents not specified in this term of services or for interpretation of the contents in this term of service, the decision will follow the regulation for protection of electronic commerce consumers, other relevant regulations, or the prior cases.
Article 4.
Regulation for the term of services
  1. “The company” performs the following tasks.
    2.1
    Providing information about product or service, and signing purchase contract.
    2.2
    Providing product of service for which contract has been signed.
    2.3
    Other tasks
  2. In case the product is sold out or the technology is faded out, “the company” can change the contents for the product or service that it can provide for future contracts. In this case, the changes in product and service, and the effective date will be announced at least 7 days before the effective date in the same place where the contents for current product and service are displayed.
  3. If the company changes the service or product for which the contract has been signed, due to the reason of the products being sold out or the technology fading out, the company compensates for any damages made to the users due to such incident. However, if the company has committed to no intension or mistake, it is not responsible for compensation.
Article 5.
Establishment of contract for usage
The contract for usage is established by approval of the company on the user’s request to use the service and by agreement of the user on the terms of services. For users who want to register as “the member” and use “the service”, they must provide personal information requested by the company.
  • In case the name is not actual name or someone else’s name is used.
  • In case the user provided false information for information requested for registration.
  • If the request was made with intension to disrupt social order or cultural standard.
  • If the provided information does not meet the condition requested by the company.
Article 6.
Termination of service
For the reason of maintenance of computer and other information communication device, replacement of the device or broken device, interruption on communication and others, “the company” may temporarily terminate the offer of the service. In case of the temporary termination due to the contents in Article 1, the company compensates for damage made to the user or to a third party. However, if the company has committed to no intension or mistake, it is not responsible for compensation.
Article 7.
Change in the contents of the contract
“The member” can view and edit his/her personal information at any time. However the e-mail (ID), which is necessary for the management of “the service”, cannot be changed. If “the member” changes the information that was entered at the time of registration, “the member” must modify it on-line or notify the company about the changes by e-mail or other methods. The company is not responsible for any damages that are made by not notifying the company of the changes in Article 2.
Article 8.
Registration of membership
  1. The user can fill out the member information according to the form provided by “the company”, select to agree to this term of services, and request for the membership.
  2. “The company” will register the user who requested the membership as (1) above, as long as the user does not fall into one of the following categories.
    2.1
    In case where the membership applicant has lost his/her membership before based on Article 9, section 3 or this term of service. However, an exception may apply if 5 years have passed since his/her lost of membership based on Article 9, section 3 and if “the company” has granted the approval for re-registration of the membership.
    2.2
    If the application contains falsified or missing information.
    2.3
    Other reason such that granting the membership will affect “the company’s” technology significantly.
  3. The registration of membership is effective once the approval of “the company” has arrived to the member.
  4. If there are changes in registered contents based on Article 15, section 1, the member must immediately notify the change to “the company” by e-mail.
  5. If “the member” finds out his/her “e-mail (ID)” or “password” has been stolen or used by a third person, “the member” must notify this immediately to the company and follow the instruction provided by the company.
  6. For the section 6, if “the member” does not notify such an incident, or does not follow the instruction provided by the company, the company is not responsible for any damages or disadvantages generated from such an incident.
Article 9.
Cancellation of the membership or loss of the membership
  • “The company” can limit or suspend the membership if the member falls into one of the following categories:
  • The member provided false information at the time of member registration.
    • The member failed to make payment for purchase of item or service, or for using other features of “the company”.
    • The member disturbed someone else’s use of “the company” or abused such information, not complying with the regulation of electronic commerce.
    • The member used “the company” to perform affairs that are prohibited by regulations or this term of service, or to act against public order and good morals.
    • After “the company” has limited or suspended the membership, if same cause repeats more than twice or the cause of suspension is not corrected within 30 days, “the company” can cancel the membership of the user.
  • Eighth Paragraph
  • Once the membership registration is expunged, the stars that belonged to the member are also expunged together.
  • Tenth Paragraph
Article 10.
Providing information and notifying “the member”
“The company” can send notification for the member or information that is deemed to be necessary for using “the service” by e-mail, home phone number or letter via the information provided by the member to “the company. For information relevant for general members, “the company” can also display the notification on the “company” notification board for longer than a week, instead of sending an individual notice.
Article 11.
Request for purchase
The user of “the company” can request for purchase on Rootalky site using following methods:
  1. Enter following information: name (English/Korean), Paypal, Skype ID, contact information, e-mail address, etc.
  2. Choose a product or a service
  3. Choose method of payment
  4. Select to agree to this term of service (example: click)
Article 12.
Establishment of the contract
“The company” approves the request for purchase as stated in Article 11, as long as the requestor does not fall into one of the following categories:
  1. The request for purchase includes false information or missing information.
  2. A person under age attempts to purchase cigarettes, alcohol or other products or services that are prohibited by the Juvenile Protection Act.
  3. Other reason such that approving the request will affect “the company’s” technology significantly.
When the approval from “the company” has reached the user as described in Article 14, section 1, the contract is established and effective.
Article 13.
Method of payment
To make payment for product or service purchased from “the company”, following methods of payment can be used.
  1. Bank transfer
  2. Credit card
  3. Online wire transfer
  4. Stripe credit card
  5. Paypal
  6. Electronic cash
Article 14.
Notification of confirmation of receipt, modifying or cancelling the purchase request
  1. When there is purchase request from a user, “the company” notifies the user of confirmation of receiving the purchase order.
  2. If there is disagreement, the user can change or cancel the purchase request immediately after receiving the confirmation of purchase order.
  3. If “the company” receives change or cancellation on the purchase by a user before the shipment, “the company” immediately processes it according to the request.
Article 15.
Responsibility for protection of personal information
When collecting personal information from the user, the company request for minimum amount of information that is necessary for using the service. Following information is necessary information, and others are optional.
  1. Name
  2. Nationality
  3. E-mail address
  4. ID
  5. Password (if the user is a member)
When the company is collecting personal information that enables for personal identification, the company must receive agreement from the user. The information provided by the user cannot be used for any other purposes except for what is agreed by the user, and cannot be transferred to a third party. Any liability related to this is responsibility of “the company”. However, following cases are the exception.
  1. The information is need for statistics, academic research, or market research purpose and cannot be used for personal identification.
  2. When transferring the minimum information for shipping (name, address, phone number) to a shipping company for shipping purpose.
When the agreement from the user is required, the company must state in advance the information of the person in charge for the management of personal information (department, name, phone number, other contact information), the purpose of collecting and using the information, subjects related to providing the information to a third party (the party to whom the information is to be provided, purpose of the information transfer, and list of information to be transferred), subjects related to providing information to companies receiving the commission (name of the company, the tasks to be commissioned, list of information to be transferred), and others, including regulations related to information protection and promotion of using information communication network (Information Communication Network Act), and “the member” can cancel the agreement at any time.
The user can request to view his/her information that “the company” holds at anytime, and request for correction, and “the company” must process the request without any delay. If the user request for correction of mistake, “the company” does not use the personal information until the correction is made.
To protect the personal information, the company limits the number of “managers”, and the company is responsible for any damage or loss caused to the user due to loss, robbery, leak, and falsification of user’s personal information, including the credit card and bank account information.
The third party who receives the personal information from the company must destroy the information immediately after the purpose of collecting and receiving the information has been accomplished.
Article 16.
Responsibility of the company
The company is responsible to securely provide “the service” as stated in this term of service. The company does not perform any action that is prohibited by this term of service or that is against public order and good morals. When “the member” files complaints about using “the service”, the company must act on it once such complaint is acknowledged to be reasonable. The processing and the result of “the member’s opinion or complaints must be notified either on announcement page or via e-mail. “The company” must possess security system to protect the personal information (including credit information) and to allow the users to safely use the Internet service, and cannot leak or distribute the information without the agreement from the user. The exception applies for request from government organization based on the telecommunication basic acts and other relevant regulations, for purpose of criminal investigation, for request from communication standard commission, or for other requests for procedure according to relevant regulations. The company is responsiblefor loss or disadvantage caused to the user due to unreasonable display and advertisement about the service according to the Article 3 of the ‘regulation relevant for fairness of the display and advertisement. “The company” does not send unwanted advertisement e-mail with financial interest to the users.
Article 17.
Responsibility of “the member”
“The member” must not perform following subjects when using “the service”.
  1. Providing false information at the time of registration or change.
  2. Using someone else’s information
  3. Changing information displayed on company website
  4. Sending or displaying information (computer program, etc.) that has not been confirmed by the company
  5. Violation of copyright of the company or of a third party
  6. Seventh Paragraph
  7. Displaying violent message, video, sound, or other form of information that is against public order and good morals
  8. Using “the service” for financial interest without the agreement from the company
  9. Other illegal or unreasonable actions
“The member” must comply with limit of usage or other subjects announced by the company. “The member” cannot process or sell information earned by using “the service” f the company, or use the materials contained in “the service” for business activity. Exception applies when the purpose is non-business, and the member received the agreement from the company in advance.
Article 18.
Responsibility for ID and password for the member
  1. The responsibility of managing ID and password belongs to the member
  2. The member should not let a third person use his/her ID and password
  3. If the member recognizes that his/her ID and password has been stolen or used by a third party, the member must notify “the company” immediately and follow the instruction from “ the company”
Article 19.
Relationship between the connector “company” and connected “company”
When the upper “company” and the lower “company” are connected through hyperlink (example: the subject of hyperlink includes letters, pictures, and videos), the former is called connector “company” (website) and the latter is called connected“company”. If the connector “company” has stated in its website that it is not responsible for any liability for contracts between the connected “company” and the users for items and service that are independently offered by the connected “company”, the connector “company” will not be responsible for any liability for such contracts.
Article 20.
Offer and termination of “the service”
Unless there is business or technical related disruption for the company, “the service” is offered everyday, for 24 hours without break. The company may distribute “the service” to a certain range and imposes separate working hours for each segment of the service. In such a case, the company will notify it in advance. For adequate reason such as system maintenance and repair of computer, replacement of device or broken device, disruption in the communication, “the manager” can decide the time and date when “the service” is not available temporarily. In such a case, principally, the company notifies “the members” in advance. If there is unavoidable circumstance, the company may notify “the members” after. The company can make partial or whole changes to “the service” provided. If there are changes in the method of using “the service”, and service hours, the company must notify the reason for change, contents of change, and the effective date at least 7 days before on the “service” initial page.
Article 21.
Class in action, schedule change and cancellation
The change of class schedule or cancellation of the class can occur anytime 24 hours before the start of the scheduled class (for example, if the class starts at 7PM, this applies until 7PM the day before). Cancellation of class within 24 hours of the start of the class is not possible (for example, if the class starts at 7PM, the time period from 7PM the day before to right before the start of the class), and in this case, not participating is processed as an absence automatically. If “the member” is late to the class, the company does not compensate the missing minutes due to the tardiness. If the class could not proceed due to problem on the Internet on “the company” side or due to tardiness of the teacher, the company will compensate it as follow:
  • For 30 minutes class: If the class was delayed by more than 20 minutes, 1 free class will be offered. If the delay was less than 20 minutes, the missing minutes will be compensated through next classes.
  • For 60 minutes class: If the class was delayed by more than 45 minutes, 1 free class will be offered. If the delay was less than 45 minutes, the missing minutes will be compensated in next classes +1 free 30-minute class. If the class was delayed by less than 30 minutes, the missing minutes will be compensated through next classes.
If the “teacher” cancels the class within 24 hours from the start of the class, 1 free class will be offered. In this case, the member can choose to take a class with another teacher on the same day. As for “the member”, “the teacher” has right to cancel 24 hours before the start of the class at any time.
Article 22.
‘The star’ policy
‘The star’ point provided to “the member” by “the company” can be used only as a donation fund within the homepage. 1 star is given per class. When the membership is cancelled, all the ‘stars’ will be expunged.
Article 23.
Refund policy
For following reasons, the remaining amount from the date of occurrence of the following reasons will be calculated and refunded.
  • If the Skype service is no longer available for the administration reason for the service
  • If the Skype service is no longer available for reasons attributable to the company
  • If the member cancels the service in the middle or if the service usage contract is cancelled
  1. If the collection period for the service payment for Skype is less than 1 month
    • Before the start of the class: Refund of the full payment amount
    • Before 1/3rd of the class has passed – Refund of 2/3rd of full payment amount
    • Before ½ of the class has passed – Refund of ½ of the full payment amount
    • After ½ of the class has passed – No refund
  2. If the collection period for the service payment for Skype is more than 1 month
    • Before the start of the class: Refund of the full payment amount
    • After the start of the class: Refund of amount for the month in which the reason for the refund occurred (sum of the refund amount calculated based on the case where the collection period is less than 1 month and full amount of the remaining months)
    • However, as postpone service is provided for “the member” who has completed the contracted class period, the number of days postponed are considered to be classes taken.
  3. In case of following, refund will not be made:
  1. For classes that have already passed (if “the students” did not participate in the class on time, the classes are still considered already passed)
  2. For classes earned for free
  3. For “the member” who paid discounted fee as a part of special package, the fee for the classes that have been already taken are calculated based on the normal price, and the remaining amount will be refunded
  4. For purchase where register certificate or attendance certificate is issued, refund is not possible.
If the member paid by credit card, refund is made by cancellation of the transaction. If the member paid by bank wire transfer, the refund is made by wire transfer.
Article 24.
Ownership of the copyright and limitation of usage
For materials produced by the company, copyright and intellectual property belongs to the company. The user cannot use information that has company’s intellectual property without the prior approval from the company for copying, transferring, publishing, distributing, or broadcasting purposes, or for the purpose of financial benefit, or to allow a third party to use the information. If the company uses information whose intellectual property belongs to the user, according to the term of services, the company must notify it to the user. For all the materials or data generated as a result of classes and service, their intellectual property belongs to both the company and the member. The company implements non-disclosure agreement (NDA) on the material generated from the class or the service, and must perform its duty to prevent the leakage of the data/material along with the member information. However, the data and the material are stored in a format that does not allow for personal identification, and the company has the right to use such data/material for the purpose of research and product development. With the agreement of the member, or for the function that is offered for free, the company can use the material for the purpose of marketing and advertisement.
Article 25.
Cancellation of the contract and limitation on usage of “the service”
If “the member” wishes to cancel the contract, the member himself/herself must request for the cancellation to the company through online. If “the member” performs one of the following acts, the company can cancel the contract without prior notice or to suspend the usage of “the service” for a certain period.
  1. If the member used someone else’s “E-mail (ID)” and “password”
  2. If the name used for registration is not the actual name
  3. If the member intentionally interrupts the operation of “the service”
  4. If the member intentionally distributes contents that violates public order or cultural standard
  5. If the member plans to use “the service” for the purpose of violating national benefit or public benefit
  6. If the member performs an act that damages the reputation of the company or a third person
If the company intends to suspend the usage based on section 3, the company must notify the user or the legal representative on the reason and the period for the suspension. However, the company decides that the suspension is required immediately; the company does not send the notification. The user or the legal representative who receives notification for the suspension service based on section 3, he/she may appeal to the decision given that it is deemed reasonable. If the user appeals the suspension of the service based on the section 3, the company may postpone the suspension until the appeal request is verified, and notify it to the user or the legal representative.
Article 26.
Compensation for damages
For any “service” offered for free, the company is not responsible for any damages that might occur to “the member”.
Article 27.
Exemption clause
If the company cannot provide “the service” for uncontrollable, unavoidable reason, such as natural disaster, the company’s responsibility to provide “the service” is exempted. The company is not responsible for interruption of the service usage for reasons that are attributable to “the member”. The company is not responsible for the credibility or accuracy of the information, material, and facts that are provided by “the member” for “the service”.
Article 28.
Jurisdiction, proper law, and competent court
In case of law suit against conflict generated from using “the service”, the competent court is the court with jurisdiction over where the headquarter of the company is located.
Article 29.
Mitigation of conflict
“The company” establishes and operates department for processing damage compensation, in order to take consideration of reasonable opinion or complaints and process compensation for the damage. “The company” processes the opinion or complaints from the user promptly. However, if prompt processing is not possible, the company notifies the user immediately the reason and the processing schedule. The conflict generated between “the company” and the users maybe mitigated by e-commerce mediation committee that was established based on Article 28 of Framework Act on Electronic Commerce and Article 15 of its enforcement ordinance.