1.
Objective
The purpose of these Terms and Conditions is to stipulate the conditions of the service use, rights, obligations and other necessary matters between the Company and users in relation to the Surearly SMART Application service (hereinafter referred to as the “Service”) provided by SUGENTECH (hereinafter referred to as “Company”).
2.
Definitions
a.
The Service refers to the Surearly SMART Application service provided by the Company for smart devices and all other services provided by the Company.
b.
A smart device refers to a portable terminal which contains communication functions and the capacity to install apps of a user’s choice on open platforms such as Android and iPhone.
c.
A user refers to a person who has entered into the service agreement with the Company in accordance with these Terms and Conditions and has been authorized by the Company to use the service.
d.
The user information refers to the information provided by the user to the Company such as the user’s e-mail address, date of birth, gender, test information etc., which are the information generated in the process of using the Service, posts, consultation contents etc. and refers to all types of information expressed in symbols, letters, images, videos etc.
3.
Posting and Amendment of the Terms and the Conditions
a.
The Company shall post these Terms and Conditions within the Service so that users can easily understand them.
b.
The Company may amend the Terms and the Conditions to the extent that it is not in breach of the relevant laws such as the Act on the Regulation of Terms and Conditions etc. and the Act on the Promotion of Use of Information and Communications Network, Information Protection etc.
c.
If the Company amends the Terms and the Conditions, the Company shall specify the amended Terms and Conditions, the date of when the amended Terms and Conditions starts to apply, and the reason for the amendment and post them for a certain period, at least for 7 days prior to the start date of the application (for any amendment which is unfavorable, or significant to users, for 30 days prior to the start date of the application) and notify existing users through an electronic method such as a push, a separate consent window and an initial screen.
d.
If the Company has clearly announced, or notified a user of the amended Terms and Conditions in accordance with the preceding Paragraph and announced, or informed the user that it shall be considered that the user have agreed to the amendment if he or she does not express his or her intent to agree to, or reject the amendment before the start date of the Application of the amendment, and the user does not express his or her intent thereof, it shall be considered that the user consents to the amended Terms and Conditions.
e.
If the user does not consent to the Application of the amended Terms and Conditions, the Company cannot apply the amended Terms and Conditions to the user, and the Company, or the user may terminate the service agreement. If the user does not agree to the amended Terms and Conditions, the Company may restrict the use of the service by the user pursuant to the amended Terms and Conditions.
4.
Other Rules to Comply With in Addition to these Terms and the Conditions
a.
The Company may formulate separate terms of the Service use and the operating policies (hereinafter referred to as the individual terms and conditions etc.) for each service. If such terms conflict with these Terms and Conditions, the individual terms and conditions etc., shall take precedence.
b.
Any matters, or interpretations not specified herein shall be subject to the individual terms and conditions, the relevant laws such as the Basic Act on Electronic Communications, the Telecommunications Business Act, and the Act on the Promotion of Use of Information and Communications Network, Information Protection etc. and general commercial practices.
c.
In relation to the Terms and Conditions, the terms announced by the Company through a notice, or a bulletin board within the Service due to any changes in the Company’s operating policy, any enactment, or amendment of the law, a notice or guidelines of a public institution etc., also form part of the service agreement.
5.
Execution and Application of Use Agreement
a.
The use agreement shall be executed after the user agrees to the Terms and the Conditions and applies for the Service use by the method provided by the Company, and the Company approves such request.
b.
In principle, the Company shall approve the Service use upon the request of a user. For a request by a user for the Service use in any of the following Sub-Paragraphs, the Company may not approve the request, or cancel the use agreement after the request has already been approved.
1) The user has previously forfeited the right to use the Service in accordance with the Terms and Conditions (except in cases where the Company’s approval for the use has been obtained).
2) Another person’s information has been misappropriated.
3) Approval of the use is not possible due to a cause attributable to the user.
4) A person under the legal age requests the service use.
c.
In any of the following Sub-Paragraphs, the Company may withhold approval of the Service use until the
cause for such withholding is resolved.
1) The Company does not have sufficient equipment, or does not support specific smart devices. 2) Technical failure.
3) Service failure.
4) It is otherwise difficult to approve the request for the Service use due to other reasons.
6.
Changes of Information
a.
A user may can view and modify his, or her information on the settings screen within the Service.
b.
If the information in Paragraph 1 above is changed, the user shall correct it through the settings screen or by requesting the Company to change it. The Company is not responsible for any disadvantages arising from the
user’s failure to make, or request a correction.
7.
Provision of Information and Publication of Advertisements
a.
Within the scope of compliance with relevant laws and regulations, the Company may use a notice, e-mail push etc. to reply to users’ inquiries etc. and provide users with the information which is deemed to be necessary for the use of the service.
b.
The company may provide advertisements to users through a legally valid procedure in accordance with the relevant laws and regulations.
c.
For the purpose of improving the Service, introducing the Services to users etc. the Company may request additional personal information with the user’s consent.
8.
Protection and Provision of Personal Information
a.
The Company strives to protect users’ personal information in accordance with the relevant laws and regulations. The protection and the use of the user’s personal information are subject to consent to the Company’s collection and use of the information in accordance with the relevant laws and the Personal Information Protection Act.
b.
The Company may use the user information and other information for marketing purposes within the scope of the compliance with the relevant laws and regulations.
9.
Provision and Changes of the Service
a.
The Company, either alone or in partnership with other companies, provides the following Service to users.
1) Surearly SMART Application service.
2) Personalized information service through analysis of the information requested by the user, preferences, interests, usage records etc.
3) All other additionally developed Service provided to users.
b.
In principle, the Service is provided 24 hours a day. However, depending on the Company’s operating policy
and the relevant laws, the time, the frequency, the content of the Service etc. may be limited for each Service
user.
c.
The Company may temporarily suspend the provision of the Service if there is a significant reason to do so
for regular inspection, equipment inspection, operation, or to repair system breakdown. The Company shall notify users by e-mail, or by posting the temporary suspension of the Service within the Service. If such announcement may not be made in advance for an unavoidable reason, the announcement may be made after the temporary suspension of the Service.
d.
The Company has comprehensive authority over the decision, change, maintenance, repair and termination of Service content. The Company may partially, or entirely change, or terminate the Service it provides if there is a significant reason to do so such as business closure, merger, division, and decrease of profits from the Service. If the Company changes, or terminates the Service in such a way, it shall announce it in advance by the method specified in the preceding Paragraph for more than 7 days before the change of the Service, or for more than 30 days prior to the termination of the Service. If such announcement may not be made before the change, or the termination of the Service for an unavoidable reason, the announcement may be made after the change, or the termination of the Service.
e.
The Company may place advertisements within the Service.
f.
The Services provided by the Company may include various forms of advertisements such as banners and
links, which may be linked to a page provided by a third party.
g.
If a link is made to a page provided by a third party pursuant to the preceding Paragraph, the page is not in the
Company’s Service area. The Company therefore does not guarantee the reliability, or the stability thereof and is not responsible for any loss suffered by the user therefrom.
10.
Obligation of the Company
a.
The Company does not engage in any acts which are prohibited by relevant laws, or these Terms and Conditions, or which are against good morals and morals, and makes its best effort to provide continuous and stable Service.
b.
The Company shall have a security system to protect the personal information so that users can use the Service securely.
c.
If the Company considers that an opinion, or a complaint raised by a user in relation to the use of the Service is justified, the Company shall accommodate such opinion, or resolve the complaint. The Company shall notify the user of the progress of such resolution and the result thereof via e-mail etc.
d.
If the Company provides a notice the user, the notice may be posted within the Service for more than 7 days, or sent via e-mail.
11.
Obligations of the User
a.
A user is responsible for managing his or her smart devices and the user information. A user is responsible for any loss which occurs due to the user’s negligence in managing his or her information, or which occurs because the user consented to the information use by a third party.
b.
A user shall not engage in the following acts.
1) An act of using information posted on the Company Service for its reproduction, publication, broadcast etc. for a commercial or non-profit purpose without the Company’s prior consent.
2) An act of interfering with the normal activities of the Company by excessively using the Company server in an irregular manner (using an automatic connection program etc.).
3) Other illegal or unfair acts
c.
Users may use the Service provided by the Company in accordance with the Terms and Conditions, the
operating policies and the rules prescribed by the Company. Users shall comply with the relevant laws, the provisions of these Terms and Conditions, the usage guidelines and notices announced in relation to the Service, the requirements notified by the Company etc. and shall not engage in any other acts which interfere with the Company’s business.
12.
Termination of Use Agreement
a.
A user may request revocation of the service agreement at any time according to the procedure prescribed by the company, and the Company shall immediately process the request in accordance with the relevant laws, regulations etc.
b.
If the user terminates the service agreement, the Company shall store the user’s personal information for 30 days after the termination of the service agreement and subsequently destroy it.
c.
If the user is in breach of “11. Obligations of the User”, the Company may unilaterally terminate this agreement without prior notice, and may also hold the user accountable for the civil and criminal liability if any damage occurs to the Service provision as a result.
13.
Disclaimer
a.
If the Company is unable to provide the Service for any of the reasons in the following Sub-Paragraphs, the Company is not responsible for any loss incurred to the user.
1) A natural disaster, or an event of force majeure otherwise occurred.
2) There is a problem in using the Service due to the user’s fault.
3) The Company otherwise cannot provide the Service without an intentional act, or negligence of the Company.
b.
The responsibility for managing and preserving the user information related to the Service lies entirely with the user, and the Company has no obligation to back up, restore, or return the user’s postings, information and materials. For this purpose, the user shall store the relevant information and materials in a separate, independent storage according to the user’s needs.
c.
The Company is not responsible for the reliability and the accuracy of posts on the Service posted by a user,
or a third party, and has no obligation to verify, or represent any opinions or information posted on the Service.
The Company does not approve, oppose, or change an opinion expressed by a user, or a third party.
d.
The Company has no obligation to intervene in a dispute which arises between users, or between a user and a
third party through the Service, and is not responsible for indemnifying any resulting damages.
e.
The Company is not responsible for the use of the Service provided free of charge, unless there are special
provisions in the relevant law, which prescribes such responsibility.
14.
Governing Law and Court of Jurisdiction
a.
The Terms and Conditions shall be governed and interpreted in accordance with the laws of Korea.
b.
A legal action regarding a dispute arising between the Company and a user shall be under the exclusive
jurisdiction of Seoul Central District Court.
c.
Notwithstanding the preceding Paragraph, for a user who has an address, or residence abroad, Seoul Central
District Court of Korea shall be the court of jurisdiction for a legal action over a dispute arising between the Company and the user.