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Terms and Conditions

Terms and Conditions

Article 1 (Purpose)

The Terms of Use are for a comprehensive English education service provided by Be a Talker Korea (hereinafter referred to as the “Company”) on the site www.beatalker.com (hereinafter referred to as the “Site”). The purpose is to determine the basic rights and responsibilities of members and important matters with the “Company.”

Article 2 (Effectiveness, Application, and Change of Terms)

1. These terms will be efficiently displayed to members by posting them on the service screen or by notifying members using other means.
2. The “Company” may revise these terms to the extent that a reasonable change does not violate the relevant laws and regulations and does not unfairly infringe upon the legitimate rights of members.
3. When revising the terms, the “Company” shall specify the date of application and the main reason(s) for revision. This shall be done during the following period: seven days prior to the date when the revised terms are applied together with the current terms (hereinafter referred to as “effectiveness”) to seven days before the revision goes into effect. The notification shall be done in accordance with the methods listed in Paragraph 1. However, the “Company” must notify members at least 30 days in advance of any changes to important regulations regarding the rights or obligations of members. This shall be done by sending an email to all registered members.
4. The “Company” shall notify members of any revised terms pursuant to Paragraph 3. Members will have 30 days from the date of notice to indicate a rejection to the revised terms. If a member does not explicitly indicate a rejection, it shall be assumed that the member has agreed to the revised terms.
5. If a member does not agree to the revised terms, the member can withdraw and request termination of service.
6. Members must exercise caution whenever there is a change to the Terms of Use. The “Company” shall not be held responsible for any damages when a member has not exercised said caution.

Article 3 (Additional Rules to Terms)

Relevant laws and regulations, service terms of use set by the “Company,” and detailed usage guidelines and rules will be followed for matters not specified in these terms.

Article 4 (Definition of Terms)

The terms used in the Terms of Use are defined as follows:

1. Member: A person who has signed a service agreement with the “Company” and has been issued an ID (the member's unique number) and password by accessing the “Site” and agreeing to the terms.
2. Customer: A person who intends to enter into a contract of use with the “Company” in order to use the service.
3. ID (Member's Unique Number): A combination of letters and numbers selected by the member and approved by the “Company” for member identification and service use.
4. Password: A combination of letters and numbers set and managed by the member himself in order to confirm that the user matches the ID and to protect the member's personal information when using the service.
5. Recording File: A voice file that is provided to members through the site by recording class content.
6. Recorded File: A voice file that is provided to members through the “Site” by recording the content of a video lecture.
7. Post: The codes (including URL), text, voices, sounds, videos, images (including photos), and files posted by members or registered on the service.

Article 5 (Information Entered When Applying for Use)

When applying for use, you must fill in the online form application with the required information (ID, name, password, address, phone number, email, etc.) requested by the “Company” on the membership screen for the “Site.”

Article 6 (Acceptance and Limitation of Application for Use)

1. The “Company” shall accept applications for use in accordance with the order in which they are received unless there is a business or technical obstacle for the customer who applied for the service.
2. The “Company” may deny an application for use in the following cases:
A. If technical service is not available;
B. If the applicant has entered false information on the application during registration, such as not using a real name or using
another person's name;
C. When the incorrect information has been entered or something has been omitted during registration;
D. The applicant has lost his/her membership in the past according to Article 19 (2), excluding those who have not had a
membership for over one year and have been asked by the “Company” to re-enroll for membership;
E. If a valid reason has been set by the “Company”.
3. The “Company” can subdivide the scope of service according to membership type.

Article 7 (Changes to Terms of Use)

1. Members can view and correct their information at any time according to the procedures set by the “Company.”
2. Members must revise their member information without delay if the items described in the application for service use change.
3. In the event that a member fails to comply with Paragraph 2, an error will occur in the delivery of an event product. This can also result in the incomplete delivery of important information, etc. Members shall be responsible for any of the above and shall not hold the “Company” at fault.

Article 8 (Service Start)

1. The “Company” shall start service when the member's application for use has been approved. However, in the case of some services, including paid services, the service will commence after payment has been received or from the date and time specified by the “Company.”
2. If service cannot be started due to a business or technical obstacle that the “Company” is experiencing, the website will be updated with the proper information to notify members.

Article 9 (Service Use Time)

1. Normally be used 24 hours a day, 7 days a week. However, service may be temporarily suspended for a period determined by the “Company” due to system inspection, expansion, replacement, or malfunction. In this case, the “Company” will notify members in advance.
2. The “Company” can divide services into a certain range and set a seperate availability time for each range. The “Company” shall announce information on any changes.

Article 10 (Service Changes and Suspension)

1. The “Company” shall notify members of the content and date of service that will be changed and provide the service after it has been changed.
2. The “Company” may limit or stop all or part of the service in the following cases:
A. When it is impossible for the “Company” to provide service due to construction, such as expansion or repair of service facilities;
B. When it is impossible for the “Company” to provide service due to circumstances out of its control;
C. If there is a problem with normal service use due to service congestion;
D. If the “Company” determines that the limit or stoppage is appropriate, such as for replacement with a new service;
E. If there are force majeure reasons such as power outages, natural disasters, or national emergencies.
3. The “Company” shall notify members in advance in the event of service interruption pursuant to Paragraph 2. However, this shall not be the case if advance notice is not possible due to a service interruption caused by reasons beyond the control of the “Company” (unintentional or non-negligent disk failure, system down, etc.).
4. If service is not provided due to reasons attributable to the “Company,” the “Company” shall provide a restore or make-up class for the number of class days that were missed, free of charge.
5. Classes are normally held on weekdays. Classes may not be available on Saturdays, Sundays, and public holidays.
6. The sale of service is based on the period during which classes are available. If a month falls short of having 30 or 31 days, the “Company” will not be responsible for providing a makeup class.
7. Depending on the number of purchases for postponed or makeup classes, the right to postpone or have a makeup class will be granted twice a month for classes held twice a week, twice a month for classes held three times a week, and three times a month for classes held five times a week. If a normal class has not been conducted due to reasons attributable to the member without a request for postponement or makeup, the “Company” shall consider the class to be in progress and will not provide any additional postponement or makeup classes.
8. The “Company” is obliged to provide a postponement or extension of the class if the daily course does not fill more than 70% of the class time under normal conditions. However, this is not the case for classes that have been shortened at the request of members.

Article 11 (Member Posts)

1. Members are responsible for any loss or issues arising from the postings made by other members using the service. It is the responsibility of the individual member to ensure that he/she does not violate any relevant laws and regulations when writing a post.
2. Members are not allowed to post or send posts that correspond to any of the list below. The “Company” may delete, move, or deny registration if posts made in the service are judged to fall under any of the following items. In addition, the “Company” can separately set and enforce detailed usage guidelines related to posts. Members must register or delete various posts according to the guidelines.
A. Content that slanders, defames or libels the “Company,” other members, or a third party;
B. Content that violates public order and morals;
C. Content that has been deemed to be related to a criminal act;
D. Content that infringes upon the rights of others, such as copyrights held by the “Company” or a third party;
E. Content used to create political or religious conflict in a way that violates laws or infringes upon the rights of others;
F. Content that contains unnecessary or unauthorized advertisements or promotional material;
G. Content that has been stolen, content that uses another person’s personal information to impersonate that person, or content that contains unauthorized, forged, or altered information;
H. Content that goes against the purpose of posting, such as posting multiple copies of the same content;
I. Content that has been judged to be in violation of other related laws and regulations or “Company” guidelines.
3. The “Company” may take measures to temporarily block access to a post (hereinafter referred to as “temporary action”) when it is difficult to judge whether a member’s post falls under each subparagraph of Paragraph 2 or if there is a dispute or expected issue between the members involved in the post.
4. The period of provisional measures under Paragraph 3 shall be 30 days. However, there are exceptions when there are circumstances in which the “Company” cannot cancel temporary measures, such as the inability to interpret or judge the related organizations within the same period, or an agreement is reached between the interested parties.

Article 12 (Copyrights, etc.)

1. Posts uploaded through the service by a member shall be protected by copyright law.
A. Despite the provisions of Paragraph 1, intellectual property rights of course reviews and other posts created and posted on the “Site” will belong to the “Company” as soon as the member receives a credit.
B. The “Company” is free to exercise copyrights on posts belonging to the “Company.”
C. Members may not request the return of copyright for work belonging to the “Company” without the consent of the “Company.”
D. Copyrights and other intellectual property rights for work created by the “Company” shall belong to the “Company.”
2. The member shall permit the “Company” to use postings made at home and abroad for the following purposes:
A. To modify, simplify, or convert the size of member posts to duplicate, send, display, distribute, and post excellent posts on the service screen within the service;
B. To duplicate, send, or display member posts within the service of other sites operated by the “Company.” However, this shall not be the case if the member does not agree to the reproduction, transmission, or exhibition.
C. For the purpose of promoting the services of the “Company” to allow the media, telecommunications companies, etc., the right to report and broadcast the content of a member’s post. However, in this case, the “Company” shall not provide any personal information to the media, carriers, etc. without the member's express consent.
3. Notwithstanding the provisions of the preceding paragraph, if the “Company” wishes to use a member’s post for commercial purposes (e.g., providing posts to third parties and receiving monetary payments) in a manner other than described in each subparagraph, consent will need to be obtained from the member by phone, email, etc. in advance. The “Company” shall display the origin of the post and provide separate compensation to members who agree to allow the use of their posts.
4. Members make posts of their own free will on this site. The “Company” is therefore not responsible for any copyright-related disputes in posts made by members. The member that originally made the post is fully responsible for its content.
5. In the event that a member withdraws or loses his/her membership pursuant to Article 18 (2), the posts recorded in his/her account will be deleted. However, posts that have been reposted by a third party as scraps, shares, archives, etc. and posts that have been recorded in the public service will not be deleted in order to maintain normal use of the service for other members.
6. The “Company” may change the posting location of a post without changing the content of the original post for reasons such as a company merger, transfer of sales, or integration between the sites operated by the “Company.”

Article 13 (Services Provided)

1. The “Company” shall provide the following services:
A. English lecture video service
B. English diagnostic evaluation service
C. English composition editing service
2. As stated in Paragraph 1, Subparagraph 1, the approval period of the “Company” shall start as soon as the member registers to use the service, unless otherwise informed by the “Company.” However, some services may be provided for a fee. In this case, the fee, terms of use, and payment method shall be followed by a separate notice procedure.
3. Some of the services listed in Paragraph 1 can only be used by installing a separate program or application. The “Company” shall inform members how to install and delete such programs and applications.
4. The “Company” can provide members with information deemed necessary while using the service by email, SMS, etc. If the member does not wish to receive this information, he/she can use the method specified by the “Company” to notify them.
5. Minors may need to use a legal representative to use paid services.
6. Refunds for service fees shall be issued through the method of payment chosen by the member. However, if issuing a refund by means of payment is difficult for some reason, such as a due date, a refund may be issued in cash.
7. The “Company” may change, add, or delete content for the services provided. In this case, content that will be changed, added, or deleted shall be specified in a notice that can be viewed on the related service screen.

Article 14 (Lecture Service)

1. A lecture service refers to a service in which an instructor calls a messenger contact number designated by a member at a time set by the member to conduct classes, such as English conversation, for a specified time.
2. Lecture services are provided for a fee. The fee, terms of use, and payment methods are subject to a separate notice.
3. Members who use the lecture service must keep their mobile phones, PCs, and other means of communication available while using the Internet and data during the lecture service.
4. Members should notify the “Company” without delay when the contact information designated by the member to receive the lecture service has been changed in order to ensure that the lecture service can be provided smoothly.
5. The provision of lecture service for each session is initiated by the “Company” through a phone call made to the member's designated messenger contact at the time set by the member. The “Company” will try to contact the member by phone three times if they do not receive an immediate response from the member.
6. If the member does not respond even though the “Company” has started providing lecture services pursuant to Paragraph 5, the lecture service is considered to have been provided. The “Company” will therefore not be responsible for compensating the member for that particular lecture service.
7. The “Company” shall compensate members according to Article 20 (2) of the Terms of Use in the event that the scheduled time is not fulfilled during each lecture service due to any deliberate, intentional, or serious negligence by the “Company.”
8. Refunds for paid lecture services are issued as follows:
A.The amount of the lecture service fee already paid shall be calculated from the day when the reason for each of the following items occurred (the balance of which will then be refunded):
a. In the event that lecture services cannot be provided due to administrative disposition of lecture services;
b. In cases where the “Company” cannot provide lecture services due to their own issues.

[When the Service Fee Collection Period is Less Than One Month]
- Before class starts: Full refund of fees paid
- Before one-third of the total class time has elapsed:
: Refund the difference after subtracting the amount corresponding to one-third of the pre-discount usage fee from the already paid usage fee.
- Before half of the total class time has elapsed:
: Refund the difference after subtracting the amount equivalent to half of the pre-discount usage fee from the already paid usage fee.
- After half of the total class time has elapsed: No refund

[When the Service Fee Collection Period Has Exceeded One Month]
- Before class starts: Full refund of fees paid
- After class starts: Refund total amount of the sum from the calculated fee of the month when the refund is requested (refer to [When the Service Fee Collection Period is Less Than One Month] above) and the tuition fee for the remaining months.
*A postponement is a free service provided to members who have completed the promised class period. If a member requests a refund in the middle of a class, the number of postponements used will be considered as a class and will be settled and processed for a refund.

[When Using a credit]
- Before using the class ticket: Full refund of fees paid
- After using the class ticket: 80% refund of the class ticket usage fee will be refunded
*Special class tickets expire six months after the date of purchase. No refunds will be issued after that period.

B. The total class time in Section 8 refers to the total class time during the course service fee collection period.
C. If a member cancels the lecture service in the middle or the service use contract is canceled, the following refunds will be issued:

[When the Service Fee Collection Period is Less Than One Month]
- Before class starts: Full refund of fees paid
- Before one-third of the total class time has elapsed
: Refund the difference after subtracting the amount corresponding to one-third of the pre-discount usage fee from the already
paid usage fee.
- Before half of the total class time has elapsed:
: Refund the difference after subtracting the amount equivalent to half of the pre-discount usage fee from the already paid
usage fee.
- After half of the total class time has elapsed: No refund

[When the Service Fee Collection Period Has Exceeded One Month]
- Before class starts: Full refund of fees paid
- After class starts: Refund 80% of the sum from the calculated fee of the month when the refund is requested (refer to [When the Service Fee Collection Period is Less Than One Month] above) and the tuition fee for the remaining months.
*A postponement is a free service provided to members who have ended the promised class period. If a member requests a refund in the middle of a class, the number of postponements used will be considered as a class and will be settled and processed for a refund.

[When Using a credit]
- Before using a class ticket: Full refund of fees paid
- After using the class ticket: 80% refund of the credit usage fee will be refunded
*Credits expire 180 days after the date of purchase. No refunds will be issued after that period.

9. Class content, such as the conversations of members using the lecture service, can be recorded (visual or audio) for the purpose of [Service]. Members who do not wish to be recorded should disclose their decision according to the method specified by the “Company” on the “Site.”
10. The provision of the recording (visual or audio) of members is only disclosed to the member and the “Company.” The “Company” shall be responsible for faithfully managing the recording (visual or audio) files of members.

Article 15 (Company Obligations)

1. The “Company” shall not do anything that is prohibited by related laws or the Terms of Use or act in a manner that is contrary to good morals and manners. The “Company” must do its best to provide services consistently and reliably as stipulated by these terms.
2. In order to provide stable service, the “Company” shall repair or restore equipment in the event of failure or damage unless it is not possible to do so.
3. The “Company” shall build a security system to protect the personal information of members and provide safe services.
4. The “Company” shall promptly handle any opinions or complaints related to the use of the service from members that are deemed to be justified. However, if it is difficult to process immediately, the member must be notified of the reason and estimated process time.

Article 16 (Member Obligations)

1. Unless the “Company” expressly consents, the member's right to use is limited to the individual member. Membership cannot be transferred, gifted, or provided as collateral to others.
2. Members should not do any of the following when using the service:
A. Enter false information when applying for a change in service or attempt to use/share the ID and personal information
of either himself or another member;
B. Use information obtained through the services provided by the “Company” for commercial purposes, or expose and provide
information to third parties without the permission of the “Company” through publishing, broadcasting, copying,
transmission, sharing, etc. If the member wishes to use the information either for public or personal profit, the member must
consult with the “Company” and use the information only after receiving consent;
C. Infringe upon the rights or copyrights of third parties;
D. Engage in commercial activities, such as sales activities that sell products or services that use the service provided by the
“Company,” except when officially recognized by the “Company.” This particularly refers to the act of providing, sharing,
exposing, or selling the service provided by the “Company” to third parties through methods such as hacking or ID sharing;
E. Impede the operation of the “Company” service or “Site,” interfere with the use of the service by other members, or
impersonate management, employees, or related personnel from the “Company”;
F. Circulate information such as codes, text, voices, sounds, and images that interfere with public order and morals.
3. Members must manage their own information in order to use the service. Members must inform the “Company” of any changes to the registration information in Article 5 without delay through the personal information modification page on the “Company” website.

Article 17 (Protection of Personal Information)

1. The “Company” shall strive to protect the personal information of members, including member registration information, in accordance with the relevant laws and regulations and the Personal Information Protection Guidelines established by the “Company.”
2. The “Company” shall perform its own tasks such as the handling and management of member information. However, in order to provide customized classes suitable for individual levels, some or all of the tasks are allowed to be entrusted to companies selected by the “Company.” In the case of entrusting the work related to such, the Personal Information Protection Guidelines will be announced.

Article 18 (Termination and Restriction of Use)

1. Members can request a withdrawal at any time through the membership withdrawal function within the service provided by the “Company.” The “Company” will process the member's withdrawal request without delay unless there is an unavoidable situation, such as each item in Article 11 (2).
2. If a member performs an act that is prohibited by law or the Terms of Use or is contrary to public order and morals, the “Company” may limit the use of the service for a certain period of time or terminate the use of the service after notifying the member in advance. However, in order for the “Company” to terminate the member’s right to use the service, the “Company” must have provided an opportunity for the member to correct or clarify the issue.

Article 19 (Prohibited Transfers)

1. Members cannot transfer or donate the right to use the service or other contract status to others. All rights and responsibilities, including post copyrights, belong to the member who created the post.
2. If the “Company” undergoes a merger or division with a third party or transfers the service to a third party, the “Company” shall notify members of any service provider changes in advance. In this case, members who oppose the merger, division, or transfer of the service may terminate their service use contract.

Article 20 (Compensation for Damages)

1. The “Company” shall be responsible for reimbursing members for damages caused by intentional or gross negligence.
2. In the event that a service failure or error occurs due to intentional or gross negligence in the process of providing the service, the member's damages will be compensated for in the following manner:
A. The “Company” shall compensate the member by extending the class period or providing a makeup class if the entire service is suspended without notice due to intentional or serious negligence outside the period specified by the “Company,” such as a system inspection, expansion, or replacement;
B. In the event that the paid service cannot be used by the member due to negligence of the “Company,” the “Company” shall compensate the member by restoring, exchanging, or refunding the paid service.
3. The member must compensate the “Company” for damages if the member causes any issues for the “Company” due to illegal acts performed in the use of the service and/or violations of the provisions of the Terms of Use, or when the “Company” receives a claim for damages or various objections from a third party,

Article 21 (Notification to Members)

1. The “Company” can notify members of the rights and obligations necessary for the use of the service by the method specified by the member, such as email or SMS.
2. If the notice must be sent to a large number of unspecified members, individual notices can be replaced by posting the notice to the service.

Article 22 (Indemnification Details)

1. The “Company” shall be exempt from the responsibility of providing service if it becomes impossible to provide due to natural disasters or force majeure.
2. The “Company” shall not be held responsible for issues with the service that are due to the fault of the member.
3. The “Company” shall be exempt from liability for any damages arising from the member's failure to obtain the expected benefits or effects from the services provided by the “Company” or the member’s choice or use of service materials.
4. The “Company” shall not be held responsible for the content, data, facts, reliability, and accuracy of information stored, posted, or transmitted by third parties on the “Site.”
5. The “Company” shall not be held responsible for any problems arising from the use of the “Site” by a member when there is a third party website (hereinafter referred to as a “link site”), such as an advertiser who is linked to the “Site.”

Article 23 (Jurisdiction and Governing Law)

1. Lawsuits between the “Company” and a member that are brought while using the service shall be handled by a competent court under the Civil Procedure Act.
2. The laws of the Republic of Korea shall apply to lawsuits filed between the “Company” and members.
[Supplementary Provisions]
1. [Enforcement Date] The Terms of Use shall go into effect on August 1, 2020.
Announcement Date: August 1, 2020
Effective Date: August 1, 2020