FANTRIE TERMS AND CONDITIONS
(FOR GENERAL MEMBERS AND PAID SERVICE USERS)
Article 1 (Purpose)
The purpose of this terms and conditions agreement (this “Agreement”) is to set forth rights, obligations and responsibilities of Frank Store, Inc. (hereinafter, the “Company”) and its users in using the internet-related services (hereinafter, the “Service”) on the website frantrie.com (hereinafter, the “Website”) operated by the Company.
Article 2 (Definition)
① “Member” shall refer to a person who has signed up for membership by providing his/her personal information to the Company and entered into a service agreement with the Company in accordance with this Agreement.
② “User (or service user)” shall refer to a person who uses the Service provided by the Website.
③ “ID” shall refer to an email address selected by the member and approved by the Company for the use of identification and service usage of the member.
④ “Password” shall refer to the combination of English letters and numbers that the member personally sets and registers on the Company for the purpose of confirming identity of the member and protecting the rights and interests, and confidentiality of the member.
⑤ “Contents” shall refer to digital contents and other related information (any material or information expressed through sign, letter, voice, sound, image, video, etc.) which are uploaded directly by the Company or the member or posted via links.
⑥ “Paid service” shall refer to the service which the member may use after making payment in the methods provided by the Company such as subscription and can be used by making payment for fees specifically fixed by the Company in accordance with its policy.
⑦ “Subscription” shall refer to an agreement under which the member agrees to make regular payment to get a continuous access to paid digital contents of the Company or other members.
⑧ “Individual contents” shall refer to the paid service sold through individual posts or messages other than the subscription.
⑨ “Service fees” shall refer to the money paid in consideration for the Company’s provision of Service to its members.
Article 3 Validity and Modification
① The Company shall post the provisions of this Agreement on the membership sign-up screen to make them easily accessed.
② The Company may amend this Agreement within the scope not breaching related laws including the “ACT ON THE REGULATION OF TERMS AND CONDITIONS”, “CONTENT INDUSTRY PROMOTION ACT”, “ACT ON PROMOTION OF INFORMATION AND COMMUNICATIONS NETWORK UTILIZATION AND INFORMATION PROTECTION, ETC.”, “ACT ON THE CONSUMER PROTECTION IN ELECTRONIC COMMERCE, and ETC.”, “ACT ON THE REGULATION OF CONDUCTING FUND-RAISING BUSINESS WITHOUT PERMISSION”.
③ In case of amending this Agreement, the Company shall fix the enforcement date of the amended Agreement and give a notice for the duration from at least 7 days (30 days for any changes that are unfavorable or significant to users) prior to such enforcement to a considerable period of time after such enforcement. For existing members, the amended Agreement, date of application and the reason of amendment (including explanation on important matters among the amended provisions) shall be sent via email (or other separate electronic methods such as service notification if there is no email address), and the amended Agreement shall come into effect from the enforcement date notified.
④ If the member fails to explicitly express his/her intent of refusal despite the Company’s obvious notice that the member’s failure to express the refusal until the amendment’s enforcement date would be deemed as consent to the amendment while giving a notice to the member pursuant to the preceding paragraph, the Company shall deem it as the member’s consent to the amendment.
⑤ The user has the right not to agree to the amended terms and conditions, and if any member who uses paid services chooses not to agree to the amended terms and conditions and terminates this Agreement, such user shall be subject to the refund policy provided by the Company.
⑥ Any matter not stipulated herein and interpretation hereof shall be in accordance with the Electronic Commerce Consumer Protection Guidelines enacted by the government and related laws and regulations, or general commercial practice.
Article 4 Conclusion of Use Agreement
① A use agreement shall be concluded by the user’s consent to this Agreement and the Company’s acceptance to the application for the service use.
② Time of concluding the use agreement shall be the point of time where the Company indicates the mark of membership completion on the process of application.
Article 5 Application for Membership and Restriction
① The user shall correctly fill in membership information according to the application form made by the Company and sign up for membership by expressing his/her intent to consent to this Agreement.
② The Company may suspend the approval or restrict the use of partial service until the causes for such restriction are eased for any of the following cases:
1. When any information filled in application form turns out to be false or there arises any reasonable cause for suspecting as such; or
2. Otherwise when the Company deems it necessary.
③ The Company may choose not to accept the member’s use of the Website in any of the following cases:
1. The member has the same address as the address of any existing member;
2. The member has signed up for membership by using somebody else’s name;
3. The member has falsely filled in the application form;
4. The member has signed up for membership for the purpose of disrupting social well-being, order or public morals; or
5. The requirement for the application set by the Company was not met.
④ In any of the following cases, the Company may suspend the conclusion of the service use agreement until the cause thereof is removed:
1. Service-related capacity is insufficient; or
2. There is a technical obstacle.
Article 6 Grant of User ID and Change Thereof
1 User ID shall be the email address of the user, which can be changed on ‘my information’ tab or via inquiries or email to email@example.com in case of changes to the email address.
2 Responsibility for the management of service user ID and password shall be on the member. Any loss incurred due to negligence in management or responsibility for unlawful use by any third party shall be on the member, and the Company shall not be responsible unless the causes thereof are attributable to the Company.
Article 7 Modification of Contract Details
① The member may at any time read and modify his/her information through the member information management tab.
② In case of any change to the details specified in membership application, the member shall modify online or notify the Company of such change via email or other methods. The responsibility for any disadvantage incurred due to the failure to give such notice shall be on the member.
Article 8 User Information Security
① Upon completion of signing up for the Company’s Service, the member shall be responsible for keeping confidentiality of the information entered, and the responsibility for any and all results incurred from using the ID and password shall be on the member unless the causes thereof are attributable to the Company.
② The responsibility for managing the ID and password shall be on the member unless the Company has any attributable reason, and upon detecting any fact that the ID or password has been unlawfully used, the member shall immediately notify the Company. The responsibility for any loss incurred from not notifying such fact shall be on the member.
③ The user shall correctly log out of the Service every time he/she ends the Service of the Company. For any loss or damage incurred from the cases such as a third party’s theft of the member’s information due to the member’s failure to log out, the Company shall not take responsibility unless the causes thereof are attributable to the Company.
Article 9 Use of Service
① The Company shall provide to the member the following Service:
1. Regular subscription (membership) to paid contents among members;
2. Individual contents service among members;
3. Contents creator recommendation and notification service;
4. Contents sales and publication;
5. Contents-related products sales and publication; and
6. Other services to be additionally developed by the Company or offered to the member through partnership with other companies.
② The member may use the Service upon the Company’s approval of the member’s signing up for membership; provided, however, that, in the case of some Services, the Service may be available on a specified date or when certain requirements are met.
③ In the event that the use of the Service cannot be initiated due to a business or technical obstacle of the Company, it shall be announced on the Website or notified to the member.
④ In principle, the use of the Service shall be provided 24 hours a day, 365 days a year. However, the Service may be temporarily suspended for business or technical reasons, and in such a case, the Company shall notify the member in advance unless there are other urgent reasons for not doing so.
⑤ Even after signing up for a member, when using some Services, the Service may be provided only to specific members according to the request of the Service provider.
⑥ The Company may divide the Service into a certain range and set the available time for each range separately. In this case, the contents thereof shall be announced in advance.
Article 10 Use of Paid Service
① In order to smoothly use the paid Service provided by the Company, the member shall sign up for the paid Service and comply with the following items:
1. The member who has signed up for the paid Service shall faithfully pay the service fee; and
2. The member who has signed up for the paid Service shall pay the service fee immediately after signing up for the Service.
② The paid Service may be available by payment through payment methods provided by the Company such as credit card and mobile payment; provided, however, that if there is a separate business operator who operates each payment method, the member shall follow the procedure presented by the business operator for such payment method before using it.
③ When a minor under the age of 19 uses the paid Service using a credit card, mobile payment, real-time account transfer, or payment methods without using a bankbook, the consent of his/her legal representative must be obtained; provided, however, that depending on the policies, etc. of an operating company or government, a payment limit may be granted for each payment method, or the Company may grant a payment limit for a specific payment method.
④ In order to consent to the payment of the minors prescribed in Paragraph 3, the legal representative of the minor may consent via mobile authentication according to the company's instructions. Upon completion of the legal representative’s consent, the Company shall notify the legal representative of the fact of consent to the payment and the statement of the payment via email. In the event where the minor member has performed an obligation to make a payment such as payment of fees without obtaining the consent of his/her legal representative, the minor member or his/her legal representative may cancel the contract in accordance with relevant laws and regulations except for the case where the minor deceived the Company into believing the minor to be an adult.
⑤ Regarding the term of validity of the consent under Paragraph 4, the legal representative of the minor may choose from the term of validity among "1 month / 6 months / 1 year / 3 years / 5 years" according to the Company's instructions, and the Company shall notify the legal representative 30 days prior to the expiration of the term of validity of the consent chosen by the legal representative through email to confirm whether the consent is extended or not. The term of validity of the consent shall be automatically extended under the same terms in the absence of any request for withdrawal of the consent of the legal representative; provided, however, that if the legal representative selects 1 month as the term of validity, the Company shall notify the legal representative 7 days before the expiration of the term of validity.
⑥ Regular subscriptions for the purpose of reading digital contents of other members may be canceled at any time, and the refund policy for cancellation shall be subject to Article 29 hereof.
⑦ The valid term of spare cash shall be 3 years after it is charged.
⑧ Spare cash provided to members for marketing and promotion purposes is non-refundable.
Article 11 Approval for the Paid Service
① The Company may choose not to approve the application for use which falls under each of the following paragraphs, or may revoke the approval later:
1. Matters required to be entered are omitted or erroneously stated, or essential procedures are insufficient;
2. Fees are not paid or payer is not identified;
3. A minor under the age of 19 has signed up without the consent of the legal representative;
4. Fees were paid by stealing a payment method without the consent or approval of the owner; or
5. If it is found impossible to grant approval due to any other cause or event attributable to the member.
② The Company may restrict the approval until the reason for the restriction on the approval of the application for use is resolved in each of the following cases:
1. When it is judged that satisfactory service cannot be provided due to insufficient service facilities; or
2. When any service failure has occurred.
Article 12 Restriction on the Use of the Service
① In the event that the Service user's actions fall under any of the following items, the Company may restrict or suspend the use of the Service or take measures to lose the user’s membership. In addition, the Company may file a damages claim or take other legal measures, and may take legal sanctions in accordance with relevant laws and regulations:
1. When giving a burden on the Company’s system by hacking or other negative methods equivalent thereto;
2. When transferring or selling to a third party the rights for the Service of Fantrie;
3. In case of forgery, alteration, theft or fraudulent acquisition or use of the payment methods for the payment of Fantrie Service fees;
4. In case of conducting commercial activities such as by posting on a donation nickname or message the advertisement or promotional contents for a large number of unspecified users;
5. When posting on a donation nickname or message the contents that slander and defame the Company, other members, or any third party;
6. If the information provided by the user is found to be false or there is a reasonable reason to suspect that it is;
7. When it is confirmed that the user provides the service that falls under the category of non-registerable business of PG company or card payment service provider, or that the user has paid for the service on a regular basis;
8. When the user fails to fulfill his/her liabilities incurred in relation to the payment made during the use of the Website and other Company services;
9. In case of threatening the order of e-commerce in violation of related laws, such as interfering with other people's use of Service or stealing their information; or
10. In case of committing a misconduct falling under the above Subparagraphs 1 to 9, such as writing any contents or comments in violation of a separate Fantrie Management Policy.
② If the Company tries to take measures against the activities stipulated in the preceding paragraph such as by putting restriction on the use of the Service, the Company may do it in stages including restriction of partial Service, temporary restriction, and forfeiture of membership (hereinafter, “restriction on the use of Service, etc.”), and may immediately disqualify the member from membership or terminate the use agreement with the member for any material breach of the member such as a breach of related laws and regulations. Detailed standards for the types and methods of the restriction on the use of Service shall be in accordance with the Fantrie Management Policy.
③ If the Company tries to take measures to restrict the use of the Service, the Company shall notify the member of the cause, things to be restricted and period of restriction, etc. via email (if there is no email address, a separate electronic means such as service notification) unless otherwise stipulated in the law or there is any urgent need to restrict the use of the Service.
④ The member who received the measures such as the restriction of Service use pursuant to the preceding paragraph may raise objection to such notification if any. The Company shall cease such measure if the member’s objection is justifiable.
Article 13 Provision of Information and Publication of Advertisement
① The Company may provide the member with the information that needs to be instructed to the member in relation to his/her use of the Service by means of email, mail, SMS (mobile message), or the Website’s own message, etc. If unwanted information was received, the member may refuse to receive such information.
② The Company may transmit advertising information by means of email, SMS (mobile message), or the Website’s own message, etc. after obtaining the member's explicit prior consent. However, advertisement information may be transmitted without prior consent within the scope of confirming the intention to reuse the paid Service within 6 months from the date the paid Service provided by the company, such as subscription service, is terminated.
③ The Company shall not transmit any information if the member refuses to receive the information or withdraws his/her prior consent.
④ In connection with the operation of the Service, the Company may not post advertisements, etc. on the service screen, homepage, etc.
⑤ The Company is not responsible for any loss or damage incurred as a result of the member's participation in, communication or transaction of the advertiser’s promotional activities posted on the Service screen or through the Service, unless there is a reason attributable to the Company.
Article 14 Management of Posts
① All rights and responsibilities for the posts made by the member shall be on the member, and the Company may delete the posts if it deems that the contents of the Service posted or registered by the member fall under any of the following cases, for which the Company shall not be responsible unless there is any reason attributable to the Company. When the Company takes measures such as deletion of the posts, the procedures under Article 12(3) hereof shall apply:
1. In the case of writing posts such as content or comments that violate the “Fantrie Management Policy”;
2. In case of publishing any post which violates this Agreement or is illegal;
3. In the case of posting a post which is deemed obscene or vulgar on a place that can be seen by any person who has not completed an adult authentication;
4. In the case of posting a content that slanders other members or any a third party or harms the reputation thereof by posting false information;
5. In the case of posting a content which is against public order and morals;
6. In the case of posting a content which is deemed to be involved in criminal acts;
7. In the case of posting a content which violates other rights including a third party’s copyright;
8. In the case of posting a content not corresponding to the nature of the Service;
9. In the case of violating other related laws and regulations; or
10. If there are reasonable grounds equivalent to above Subparagraphs 1 to 9.
② The Company may delete the post after a notice period of 1 week after the announcement of the notice if the posted content has elapsed for more than a certain period of time and lost its effectiveness as a post and the purpose of its preservation is unclear.
③ The member bears civil and criminal responsibilities arising from the member's posts infringing the copyrights of others, and the Company bears the responsibilities as a service operator, such as taking measures to delete the reported posts that infringe the copyrights.
Article 15 Ownership of Rights and Use of Works
① Any and all rights including the copyrights for posts, comments and tags created by the member in the course of using the Service (hereinafter, “Posts, Etc.”) shall be vested in each member unless otherwise indicated.
② The Company may use the Posts, Etc. posted by the member, and shall obtain permission from the member in case of using the member’s Posts, Etc. for promotional and other commercial purposes, and the member may at any time delete his/her Posts, Etc.
③ The member’s creation of the Posts, Etc. on the Service shall be deemed permission for other members to use the Posts, Etc. within the Service or for the Company to use them as a search result; provided, however, that the member may take measures such as setting an option to open the Posts, Etc. through operation functions within the Service.
④ The Company may change or transfer the placement of the Posts, Tec. on the grounds of service policy or integration of the services operated by the Company, and in such a case the Company shall make an announcement.
Article 16 Management of Posts and Temporary Measures
① In the case where the member’s Posts, Etc. contains any content against the related laws and regulations, the Company may take measures such as suspension and deletion of such Posts, Etc. in accordance with the related laws and regulations or at the request of a legitimate right holder.
② If it is confirmed that the Posts, Etc. contain any matter which is contrary to the Company’s Service management policy (including “Fantrie Management Policy”), the Company may take measures for such post in accordance with the management policy.
③ Pursuant to the ACT ON PROMOTION OF INFORMATION AND COMMUNICATIONS NETWORK UTILIZATION AND INFORMATION PROTECTION, ETC. (hereinafter, the “Act on Information and Communications Network”), any member or a third party whose right has been infringed by other member’s public Posts, Etc. including where his/her privacy has been violated or reputation has been damaged (hereinafter, the “Applicant for Deletion, Etc.”) may request to the Company the deletion of or creation of rebuttal posts against such Posts, Etc. by explaining the facts of infringement. In such a case, if the Company cannot determine whether the Posts, Etc. have infringed the right or a dispute is expected between the parties, the Company shall take measures to temporarily block access to the Posts, Etc. for up to 30 days (hereinafter, the "Temporary Measures").
④ Any member whose Posts, Etc. have been subject to the Temporary Measures pursuant to the preceding paragraph (hereinafter, the “Publisher”) may request the restoration of the Posts, Etc. to the Company during the period of the Temporary Measures (hereinafter, “Claim for Reposting”), and the Company shall file an application for review in Korea Communications Standards Commission for the judgment over defamation by the Posts, Etc subject to the Temporary Measures on behalf of the Publisher and the Applicant for Deletion, Etc. if consented by such Publisher and the Applicant for Deletion, Etc., and if not consented, the Company shall determine whether to restore the Posts, Etc. or not under its own judgment. If the Claim for Reposting is raised by the Publisher, the determination made by the Korea Communications Standards Commission or the Company shall be followed if such determination is made during the period of the Temporary Measures, and if such determination is not made within the period of the Temporary Measures, the Posts, Etc. shall be restored after the expiration date of the Temporary Measures. The Posts, Etc. may be deleted after the expiration date of the Temporary Measures if there is no Claim for Reposting.
⑤ If the Company recognizes that the Posts, Etc. posted on the Service infringe the rights of a third party, such as invasion of privacy or defamation, it may take the Temporary Measures even if no report by the member or the third party has been filed (hereinafter, the "Arbitrary Temporary Measures"). The processing procedure for the Arbitrary Temporary Measures shall be in accordance with the latter part of Paragraph 3 and the provisions of Paragraph 4 of this Article.
⑥ If, based on the infringement of legal interests due to the member's Posts, Etc., another member or a third party takes civil and criminal legal action (e.g. filing of a criminal action and civil action such as injunction or damages claim) against the member or Company, the Company may temporarily restrict access to related posts until there is a final judgment of the court as a result of the said legal action. The person requesting the measures for the Posts, Etc. shall bear the responsibility to vindicate any legal action related to the access restrictions to the Posts, Etc. and the final judgment of the court.
Article 17 Company’s Ownership
① The intellectual property rights and other rights related to the Service provided by the Company, software necessary for such Service, images, marks, logos, designs, service name, information and trademarks shall be vested in the Company.
② The member shall not modify, lend, loan out, sell, distribute, produce, assign, re-license, take as security, or use as commercial purposes each of the properties listed in the preceding paragraph, in whole or in part, except as explicitly approved by the Company, nor shall allow any third party to do so.
Article 18 Company’s Obligations
① The Company shall not engage in any act which is prohibited by laws and regulations or this Agreement or is contrary to good public morals, and has an obligation to make effort to provide the Service in a continuous and stable manner.
② The Company shall not disclose or distribute the user's personal information to any third party without the user’s consent unless such disclosure or distribution is in accordance with legitimate procedures pursuant to provisions of the law including the request of government agencies under related laws and regulations or the request of telecommunications-related laws and Korea Internet Safety Commission.
③ In order to provide continuous and stable services, the Company shall repair or restore the facility without delay when there is a failure or loss in the facility unless there is any unavoidable reason not to do so.
④ If the member suffers any damage due to the Service provided by the Company, the Company shall be liable only if the damage has occurred due to the intention or negligence of the Company, and the scope of liability shall be limited to the damage under relevant laws and regulations.
⑤ The Company shall rapidly handle any opinion or complaint raised by the member if it deems such opinion or complaint is justifiable; provided, however, that if it is difficult to handle it rapidly, the Company shall notify the member of the reason and further schedules.
⑥ The Company shall endeavor to protect the member’s personal information including the member’s registration information in accordance with the related laws and regulations. Protection of the member’s personal information shall be subject to the related laws and regulations and the provision set out under Article 21 hereof.
⑦ The Company may conduct monitoring on a regular basis in order to check whether the Service is used for the purpose of providing it and whether this Agreement and Fantrie Management Policy are complied with.
Article 19 User’s Obligations
① The member shall provide the complete information consistent with the current facts (hereinafter, “Signup Information”) in case of signing up for the use of the Service, and shall immediately renew the information if there is any change to the Signup Information.
② The member shall comply with the user information security under Article 8 for the management of his/her own ID and password.
③ When using the Service, the member shall not engage in any of the following acts:
1. To harm others (including minority);
2. To steal somebody else’s ID and password and pretend to be somebody else;
3. To falsely specify the relationship with others;
4. To defame others by specifying facts or falsehood with intent to blame others;
5. To distribute false information for the purpose of benefiting him/herself or others or giving damage to others;
6. To disseminate words, audio or text which arouse humiliation, disgust, or fear to others;
7. To engage in commercial acts using the Service such as processing and selling the information obtained through the Service without prior consent of the Company;
8. To steal somebody else’s name for using the information and communications services;
9. To publish unnecessary or unapproved advertisement and promotional materials, to post or send to minors via messages or email obscene or vulgar data, text, software, music, photo, graphic, and video messages on a place accessible by minors;
10. To post or send via messages or email any content the rights of which (all rights including intellectual property rights) do not belong to him/her;
11. To post or send via messages or email any software virus for the purpose of destroying, interrupting or limiting the function of computer software, hardware, and electronic communication equipment;
12. To collect or store other users’ personal information such as publishing, posting or sending via email the materials inclusive of other computers’ code, file and program;
13. To engage in gambling or speculation by betting properties;
14. To disseminate any information which contains the contents of soliciting for prostitution or mediating immoral acts; or
15. To engage in any other illegal or unjust acts.
④ The member shall comply with this Agreement and the provisions set out in related laws and regulations.
⑤ The member shall comply with the Fantrie Management Policy in creating the contents and posts.
Article 20 Prohibition of Unjust Use
Each of the following acts shall be deemed by the Company as the acts of unjust use:
1. To sell, lend and transfer to others, and to advertise the Service provided by the Company such as his/her ID and subscription;
2. To run replication program, or capture or record the screen while using the Service;
3. To engage in any act that paralyzes the contents’ DRM (Digital Rights Management); and
4. To engage in any act to use the contents illegally under the state where a legitimate agreement between the Company and the member has not been concluded by payment.
Article 21 Protection of Personal Information
① The Company shall use the member’s information related to the Fantrie Service only for the purpose of providing the Service under this Agreement, and shall not disclose or distribute it to a third party without the member’s prior consent, unless otherwise specifically stipulated in related laws and regulations such as the Personal Information Protection Act including each of the following cases where:
1. As the personal information necessary to fulfill the contract on the provision of the Service, it is clearly difficult to obtain ordinary consent for economic and technical reasons;
2. It is necessary to settle fees for the Service;
3. It is specially provided in other laws; and
4. The information is needed for compiling statistics, conducting scientific research or preserving records for public interest thus is provided in the form that any specific individual is not identifiable without additional data.
② If there is an objection from the customer in relation to payment, or if there is a request from the PG company for a similar matter, the Company may confirm to the PG company whether the member has made payment in relation to the Service within the scope necessary for solving the problem.
Article 22 Notice to Members
① When giving a notice to the member, the Company may give a notice through the email address, messages and/or phone number which was agreed and designated in advance between the member and the Company.
② In the case of notification to many unspecified members, the Company may substitute individual notice by posting it on the Website for more than 1 week; provided, however, that matters that have a significant impact on the member's own transaction shall be notified individually.
③ The Company may transmit non-advertising information such as posts, comments, and likes to the member through Kakao Talk notification (multiple messages). The member may refuse to receive the notification in advance by not going through the mobile number verification process provided on the homepage if he/she does not want to receive the notification.
④ The Company may send general SMSs/MMSs in the case the member who has validated his/her mobile number cannot receive or has blocked the notification.
Article 23 Terms and Conditions for Individual Service
The Company may separately set forth terms and conditions for individual service it provides according to detailed contents of the Service. In such a case, the terms and conditions for individual service shall take precedence over this Agreement.
Article 24 Order and Payment
① The member shall order the contents and products in accordance with the following or any equivalent process provided by the Company:
1. Search contents creator and check samples of the contents;
2. Read a list of regular subscription contents and select an item to be purchased;
3. Enter the member’s name, email address, telephone (or mobile) number, address, etc., and click ‘payment’.
4. Confirm the amount of payment, select the methods of payment, and proceed to payment.
5. Reconfirm the amount of payment and complete the payment.
② The member may pay for the paid Service by using the methods determined by the Company; provided, however, that payment by a minor member shall be made in principle under the name or consent of his/her guardian (legal representative), and the guardian (legal representative) may cancel the contract entered by his/her child (minor) without his/her consent.
Article 25 Formation of Contract and Notification
① The Company shall approve the purchase order unless in any of the following cases:
1. Purchase order contains false information, omission or error;
2. A minor tries to purchase the contents banned by the JUVENILE PROTECTION ACT;
3. The total amount of ordered paid Service does not match with the total amount deposited;
4. It is deemed that the acceptance of the purchase order will significantly impedes the Company’s technology; or
5. The Company deems it necessary on the grounds of other reasonable causes.
② When the member orders the purchase of the paid Service in accordance with the process in Article 24 hereof, the Company shall notify to the member by using the method specified in Article 22 hereof as an expression of the intent of acceptance, and the contract shall be deemed to be formed at the time of arrival of such notice of acceptance to the member.
③ The expression of the intent of acceptance by the Company shall contain confirmation of the member’s application for use and information including the availability of the Service, and correction and cancellation of the application.
Article 26 Provision of Contents and Products
① The Company shall take necessary measures including ordering and packaging, etc. in order to make it possible to deliver the products, etc. within 14 days from the user’s subscription, unless otherwise separately agreed with the user concerning the time of providing the contents and the products.
② The Company shall rapidly respond to inquiries from the user of the process and status of the supply purchased products.
③ For a contract between the members on the supply of products, the Company shall only provide a payment system through a third party and not respond to any inquiry on delivery and payment, etc.
Article 27 Notification on the Third Party’s Intellectual Property Right and Copyright
① The Company and the member shall respect the third party’s intellectual property, and the Company may at any time terminate the transaction with the member who infringes the intellectual property right of a third party.
② If the Company is notified that any contents submitted and registered by the member has infringed the copyright of a third party, the Company may delete such materials on the Website in accordance with the Copyright Act and related laws and regulations.
③ Any third party who believes that his/her own copyright has been infringed shall prepare a written notice containing the following information and provide it to the Company:
1. Electronic signature or actual signature of a copyright holder or legal representative;
2. Contents that are allegedly infringed;
3. Detailed description of the placement in the Website where the contents allegedly infringed are posted or used;
4. Address, telephone number, and email address of the copyright holder or his/her legal representative; and
5. A statement made by the copyright holder or legal representative that all information contained in the written notice on the alleged infringement is true to the fact, and that he/she will take legal responsibility for any chance of his/her perjury.
④ When the member deems that his/her contents have been deleted or access denied due to error or misunderstanding, he/she shall provide a written notice that contains each of the following information:
1. The member’s electronic signature or actual signature;
2. Detailed description of the placement in the Website where the contents deleted or access denied were posted;
3. A statement stating the he/she believes that his/her contents have been deleted or access denied as a result of error or misunderstanding, and a pledge that he/she will take legal responsibility for any change of perjury of the above statement; and
4. The member’s name, address, telephone number, and email address.
⑤ If the notice by the third party or member related to this Article fails to meet the aforementioned requirements, the Company may deem the above notice is invalid and shall not be liable to respond or reply to it.
Article 28 Fees
① The member’s signing up for membership is free of charge, and the fees are imposed only for the use of specific services.
② Service fees policy shall be in accordance with the rules defined by the Company’s Service, and the member shall pay fees for the use of the Service.
③ Service fees policy may be changed depending on the Company’s circumstances, and in such a case, the Company shall give a notice subject to the provisions on the change of terms and conditions set out in Article 3(3) and (4).
④ The member shall bear fees for the use of his/her use of payment methods (including credit card, wire transfer) other than the Company’s Service fees.
Article 29 Refund
① Refund policy shall be in accordance with related laws and regulations including the ACT ON THE CONSUMER PROTECTION IN ELECTRONIC COMMERCE, ETC.
② The Company shall give a refund in the event the member earlier terminates the regular subscription service (normally, payment cycle of 1 month); provided, however, that in the case the Service is unavailable due to reasons attributable to the Company, the Company shall refund the money equivalent to the remaining days of the payment cycle and pay to the member 10% of the above refund as a penalty.
1. When the member has not used the Service after the date of payment: For termination within 7 days from the date of payment, the Company shall give a full refund; and for termination after 7 days from the date of payment, the Company shall refund the remainder after deducting the fees calculated on a pro rata daily basis for the period of using the Service plus a penalty of 10% of the fees for the remaining period.
2. When the member has used the Service after the date of payment: period of use is maintained for 1 month from the date of payment, and the amount already paid is non-refundable. In this case, the subscription will be canceled from the following month of the cancellation request, and the payment amount will no longer be charged to the user.
③ In the event of an error in charging for the paid Service due to the Company’s intention or any reason attributable to the Company, the entire amount shall be refunded. In this case, the refund will be made in the same way as the method of payment made by the member, and if it is impossible to refund in the same method, the full refund shall be made after validating the identity of the person who made the payment; provided, however, that if the error is due to the member’s intention or any reason attributable to the member, the cost incurred by the Company to give a refund shall be borne by the user within a reasonable range.
④ The Company shall immediately handle the refund of the regular subscription price if the refund is due to reasons attributable to the Company.
⑤ In any of the following cases, the user may not request a refund unless the reason therefor is attributable to the Company:
1. Goods having a compensatory nature for the regular subscription between members may not be provided depending on the circumstances of the member who was supposed to provide it, and the refund for the regular subscription service due to the above reason cannot be requested. In addition, the Company shall not be responsible for any legal disputes, responsibilities, or disadvantages between members in connection with the foregoing.
2. A refund may not be requested to the Company solely on the ground that the same content exists in another company's website.
3. Despite the fact that a certain problem can be resolved with service updates, if the member refuses to do it at his/her will and thus cannot use the Service thereafter, a refund cannot be requested.
4. If the member cannot use the Service due to her/her mistake, a refund cannot be requested.
5. In the case where the Company restricts the user’s use of his/her account and ID or terminates the contract with the user if such user is deemed to have engaged in a significant illegal act against various laws including the RESIDENT REGISTRATION ACT, COPYRIGHT ACT, COMPUTER PROGRAM PROTECTION ACT, and ACT ON INFORMATION AND COMMUNICATIONS NETWORK UTILIZATION, or any act that would cause serious adverse effect to the operation of the Company, a refund cannot be requested.
⑥ Notwithstanding the Paragraph 2 of this Article, for users who has subscribed the contents for educational purposes, lesson fees, etc. may be refunded in accordance with the standards provided in the ACT ON THE ESTABLISHMENT AND OPERATION OF PRIVATE TEACHING INSTITUTES AND EXTRACURRICULAR LESSONS.
⑦ The Company may stipulate cancellation and refund policy for a separate terms and conditions depending on the nature of each service, in which case, provisions on the cancellation and refund under such separate terms and conditions shall prevail.
⑧ Any matters on cancellation and refund not stipulated herein and site usage instructions shall be subject to the provisions on consumer damage compensation.
Article 30 Exemption
① The Company is exempted from liability for providing the Service if it is unable to provide the Service due to natural disasters, wars, riots, civil wars, asteroid collision, and other equivalent force majeure events.
② If the contents of messages and other communication messages stored or transmitted in the Company’s Service have not been stored or have been deleted due to national emergency, power outage, facility failure not attributable to the Company, or other force majeure events, the Company shall not be liable for the failure to transmit the messages or any loss of other communication data.
③ In the event of damage caused by a key telecommunication service provider suspending or not providing the telecommunication service normally, the Company is exempted from liability unless there is a reason attributable to the Company. At this time, if prior notice is not possible due to Service interruption due to reasons beyond the control of the Company (disk failure without intention or negligence of the system administrator, system down, etc.), the member shall be notified immediately after Service interruption.
④ The Company may temporarily suspend the provision of the Service in the event of unavoidable reasons such as repair, replacement, and extension of service facilities, inspection, breakdown, or interruption of communication, and in this regard the Company shall be exempted from liability for damages unless the reason is attributable to the Company. If the Company needs to temporarily suspend the Service, it must notify the member at least 1 week in advance, and the period of prior notice may be shortened or the prior notice may be replaced with an ex post notification only if urgent and reasonable grounds exist.
⑤ In the event that the contents of messages and other communication messages stored or transmitted in this Service have not been stored or have been deleted due to suspension of the Service, the Company is not liable for the failure of transmission or loss of other communication data unless there is a reason attributable to the Company.
⑥ In the event that any loss has occurred due to errors in the user’s computer without reasons attributable to the Company or due to the member’s insufficient indication of his/her personal information and email address, the Company shall not be liable for such damage.
⑦ The Company has no obligation to confirm or represent any expressed opinion or information of the member or a third party, and shall not approve, object or correct such opinion. The Company is not liable for any benefit obtained or loss incurred by the member as a result of his/her reliance on the information contained in the Service, unless there is any reason attributable to the Company.
⑧ Unless there is any reason attributable to the Company, the Company shall not take any responsibility in relation to merchandise transaction or monetary transaction between the members or between the member and a third party based on the Service, and not liable for any benefit expected in relation to the member’s use of the Service.
⑨ The Company does not guarantee the accuracy, stability, validity, etc. of the information displayed on the Service screen except for the case where the falsity and illegality of the information, data, and fact posted by the user or other related agencies have been objectively confirmed, and in this regard, shall not take any responsibility unless there is any reasons attributable to the Company.
⑩ Among damages incurred by the member in relation to the use of the Service, the Company shall not be liable to compensate for loss incurred due to the member’s intention or negligence and/or mental damage suffered by the member because of other users.
⑪ If the user is a long-term dormant member, the Company may suspend his/her use of the Service after an individual notice period of 30 days upon email notice or announcement, and shall not be held liable for the foregoing unless there are other reasons attributable to the Company.
Article 31 Withdrawal and Forfeiture of Membership
① The member may at any time make a request for the withdrawal of membership to the Company, and the Company shall handle this in accordance with the regulations on the membership withdrawal.
② In the case where acts of violation provided in Article 12(1) are repeated for more than 3 times or no correction is made within 30 days from the Company’s request for correction, the Company may deprive the member of his/her membership or terminate the use agreement in accordance with the Fantrie Management Policy. The Company shall grant the opportunity to raise an objection after giving prior notice to the member before depriving the membership or terminating the use agreement, and take measures to restore the membership if the objection is justifiable.
③ Despite the foregoing, the Company may immediately deprive of the membership or terminate the contract with the member without prior notice in accordance with the Fantrie Management Policy in the event where the member has caused significant damages to the Company due to his/her intention or material negligence by engaging in any of the activities described in Article 12(1) against the related laws and regulations; provided, however, that also in this case, the Company shall grant the opportunity to raise an objection after giving prior notice to the member, and take measures to restore the membership if the objection is justifiable.
④ When depriving the membership, the Company shall erase the registered membership. In such a case, the Company shall notify this to the member and grant the opportunity to vindicate before erasing the registered membership.
Article 32 Non-Transfer
The member shall not transfer, bestow, and provide as collateral his/her authority to use the Service and other contractual status to others.
Article 33 Indemnification
The Company shall not be held liable for any loss incurred by the member in relation to the Service provided free of charge except where such damage has been incurred due to the Company’s intention or gross negligence.
Article 34 Dispute Resolution
① The Company shall prepare and execute the procedures for compensation in order to reflect reasonable opinion or complaint raised by the user and compensate for damages.
② The Company shall promptly handle any complaint or opinion submitted by the user; provided, however, that if it is difficult to handle it rapidly, the Company shall notify the member of the reason and further schedules.
Article 35 Governing Law and Competent Court
① Any conflict or dispute between the Company and the member in connection with the use of the Service shall be resolved by agreement between both parties in an amicable manner.
② Interpretation of this Agreement and dispute between the members shall be governed by the laws of the Republic of Korea.
③ Litigation between the member and the Company arising from the use of the Service shall be settled by Seoul Central District Court as a competent court of jurisdiction.
1. This Agreement shall take effect from 8. 1. 2021.