Chapter 1 General Conditions
Article 1 Purpose
The purpose of the terms and conditions is to set forth the rights, duty and responsibility of the company and members with respect to the use of various services (hereinafter referred to as the 'Service') provided by Bizgress (http://www.bizgress.com, hereinafter, 'Bizgress'), the diagnostic and predictive business platform, operated by Philobiz Co., Ltd. (hereinafter, the 'Company').
Article 2 Efficacy and Modification of the Agreement
- ① The Agreement becomes effective when Bizgress posts it on the service screen of the homepage and users who agree to the terms and conditions subscribe to the Service.
- ② The Agreement shall be applied first for all the supply of service by the Company and the use of service by users when users agree to the agreement.
- ③ The Company may modify the Agreement within the range which does not violate the related regulations if it is deemed necessary. The modified Agreement shall be informed on the service screen by specifying the effective date and reasons for the modification.
- ④ Members may cancel (withdrawal, termination) their membership if they do not agree to the revised terms. If they continue to use the service without displaying the refusal within 7 days from the date of entry into force of the revised terms they will be deemed to have agreed.
Article 3 Regulations besides the Agreement
Details not specified in this agreement follow other relevant regulations and higher practices of Republic of Korea, such as the Telecommunications Act, the law regarding the Promotion of Information and Communications Network Utilization and Information Protection, Information and Communication Ethics Committee Regulations, Information and Communication Ethics and Computer Program Protection Act, etc.
Article 4 Definition of the Agreement
The terms used in this Agreement are defined as follows.
- ① A 'user' means any member or non-member who accesses to the Services provided by Bizgress in accordance with these Terms and Conditions.
- ② A 'member' means a party subscribing to Bizgress, who can continue to use the Services provided by Bizgress.
- ③ A 'non-member' means any member who use the Services provided by Bizgress without subscribing to it.
- ④ An 'applicant' means a member who applies for the Service and can access to the diagnostic Services by Bizgress.
- ⑤ A 'partner' means a member who applies for the partnership and uses the Service provided by Bizgress.
The definitions of terms used in this Agreement follow the relevant regulations and the separate terms and use on individual service except those which was set forth in Article 1.
Chapter 2 Contract of the Use of Services
Article 5 Contract Formation
- ① The contract of the use is formed with the agreement to the contents of the terms and the consent of the Company for the application by users.
- ② The agreement to the contract of the use is marked by selecting the 'I Agree' in the Terms and Conditions of the Company at the time of the application.
Article 6 Applications for use and Restrictions
- ① The Company shall approve the use of Services when the application has been filled accurately in the form provided by the Company.
- ② The Company shall not approve in any of the following cases.
- 1. When applied in another person's name without the consent
- 2. When the information is false or a false application has been filed
- 3. When the requirements set by the Company are insufficient (omission of required items, errors, etc.)
- 4. When the user who had been terminated once by violating the terms has applied
- 5. When applied for the purpose of inhibiting the order and customs of society
- 6. When a user intends to use the Service for a fraudulent purpose
- ③ The Company may withhold or restrict the approval of the use of Service until the cause is eliminated in any of the following cases.
- 1. When the various capacities related to Services are insufficient
- 2. When there is a technical reason for failure of the Company
Article 7 Assignment of Member ID and its Modification
- ① The Company shall assign an ID to members as set forth in the Agreement with respect to users.
- ② An ID, in principle, can not be changed. However, when it is an unavoidable circumstance as follows, it can be changed on the request from a user or the Company.
- 1. When the privacy of the user concerns as the ID is registered as user's e-mail, phone number, etc.
- 2. When applied for the purpose of disgusting others or inhibiting order and customs
- 3. When there are other reasonable grounds
- ③ It is impossible to register with the same ID as the corresponding ID is terminated permanently after the withdrawal of membership.
- ④ Members may view or modify their information at any time through the modification of membership.
Article 8 Agreement on Usage of Private Data
Membership information at the homepage is collected, used, managed, and protected as follows. Also, it is considered for users to agree to the company's collecting and using the membership information by user's applying for the use of Service in accordance with the Terms and Conditions.
- ① Collection of membership information: The Company collects information of members through the information provided by members during the service subscription.
- ② Usage of membership information: The Company shall not reveal or distribute any membership information collected to third parties without the consent of the member. However, there are exceptions such as when there is a request by a governmental organization according to regulations like the Telecommunication Act, a request for criminal inspection, a request from Information and Communication Ethics Committee, a request in accordance with the procedures stipulated by other related regulations or when members disclose their membership information provided to the site by themselves.
- ③ Management of membership information: Members may modify or delete their own membership information from time to time in order to protect and manage it. In addition, members may change or adjust any parts deemed to be unnecessary.
- ④ Protection of membership information: Membership information can be viewed•modified•deleted only by members and managed entirely by member's ID and password. Therefore, members shall not disclose their ID and password to others and always log out and close the screen of web browser at the end of work.
Chapter 3 Supply and Use of Services
Article 9 Initiation and Use of Services
- ① The Company starts the Service from the time of approval of membership application. However, for some services it may start from the specified date.
- ② When the Service can not be provided due to business or technical failure of the Company it should be announced on the site or inform members.
- ③ The use of Service is available 24 hours a day and 365 days a year in principle. However, the service can be interrupted for company's business or technical reasons. In this case, the Company should announce it before or after the incidence.
- ④ Even after the subscription of membership some Services can be provided only to certain members on the request of the service provider.
- ⑤ The Company may divide into certain time ranges and set the Service time available by the range. In this case, the Company should announce it in advance.
Article 10 Suspension of Services
- ① The Company is not responsible for the loss of contents of members, such as the messages being saved or sent to the homepage and other communication messages which failed to be reserved, were deleted, failed to be sent by the emergency of the country, power outage, the service facility errors out of the reach of the management of Bizgress and for the loss of other communication data.
- ② The Company may suspend the Service with the prior notice of a week before the suspension from the difficulty in providing the normal Services. And if members don't recognize the notice during the time the Company shall not bear any responsibility for that. If there are substantial reasons, the notice period mentioned above may be reduced or omitted. In addition, even if the saved or sent messages at the Service and other communication messages failed to be saved or sent or were deleted and even if there were losses of other communication data the Company shall not bear any responsibility.
- ③ If the Service should be suspended permanently due to the Company's issue Clause ② shall be applied. However, in this case the prior notice period shall be a month.
- ④ When normal Service can not be provided due to the reasons such as natural disaster, national emergency, etc., the Company can limit or suspend the Service temporarily and shall notify members of the reasons and period of suspension before or after the incidence.
- ⑤ The Company may temporarily suspend the service after the prior notice and shall not take any responsibility for this to members or third parties.
- ⑥ The Company may discontinue the Service temporarily without prior notice under unavoidable circumstances such as urgent system maintenance, expansion and replacement and may suspend the current Services entirely by the reason deemed proper such as the replacement with new one.
- ⑦ In case of the suspension of Service beyond the control of the Company (disc failures, system freeze without the intention or negligence of the system administrator) it is impossible to notify members in advance and in case of the intentional suspension of the system by the third parties (PC communication companies, telecommunication providers and etc.) the Company shall not notify.
- ⑧ In case of the long-term dormant account the Company may suspend the use of Service after the notice period of one week.
Article 11 Restriction on the Use of Services
- ① The use of Services of members can be suspended partially or fully when the information members provided turns out to be false or has reasonable grounds to judge like so. The Company shall not take any responsibility for the disadvantage from this.
- ② The Company can suspend the use of Service arbitrarily when the member conducts something that violates the contents of this Agreement such as specified in Article 16 (obligation of members). In this case, the Company may prevent the member from accessing the site.
Article 12 Provision of Information and Delivery of Advertisement
- ① The Company may provide members with various information and advertisement deemed to be necessary via an e-mail, a letter, SMS (text messages of mobile phones), DM (Direct Mail), instant messaging and etc. If members don't want to receive the information members can reject them.
- ② The Company may deliver advertisement on the Service screen, the website, the email and etc., members who subscribe to the membership are considered to agree to the delivery of the advertisement.
- ③ The Company shall not be liable for any loss or damage which resulted from the participation, communication or transaction of members in promotions of advertisers through posted articles on the Service or through any of our Service.
Article 13 Management and Operation of Posts
- ① The copyright of the posts published by members belongs to the members and the Company has the right to post them in the Service.
- ② The Company may delete, move or reject to register posts or data as follows without prior notice.
- 1. When they are deemed to violate the terms or be commercial, illegal, obscene or vulgar
- 2. When they slander other members or third parties or damage the honor by a vicious slander
- 3. When they are in violation of public order and customs
- 4. When they are admitted to be related to criminal acts
- 5. When they infringe a third party's copyright and other rights
- 6. When they do not match up with the nature of Service
- 7. When they are in violation of the related regulations
- ③ The Company can delete posts through a notice period of two weeks if the purpose of maintenance of the posts gets unclear and when the posted contents get old and lose their effects after a certain period of time.
- ④ Members take the civil ? criminal responsibility caused by infringing the copyrights of others.
- ⑤ Members should not use the material commercially published on the Service and by the acts such as processing or sales of the information obtained by the use of Service.
Article 14 Ownership of the Company
- ① The Services the Company provides, software, images, marks, logos, designs, service names, information and intellectual property rights related to trademarks and other rights necessary for the Service belong to the Company.
- ② Members can not modify, rent, sell, distribute, manufacture, transfer, sublicense, set the mortgage or use commercially either partially or fully on the property mentioned Clause ①. except cases approved explicitly by the Company and can not allow the third party to do such actions.
Chapter 4 Obligation and Responsibility
Article 15 Obligation of the Company
- ① The Company has a duty not to act against the regulations and the Terms and Conditions to make an effort to provide continuous • reliable Services.
- ② The Company shall not leak and distribute the personal data of members to the third parties without the consent of the member. However, it is excluded when it follows the legal procedures in accordance with the related regulations such as on the request of national institutions, telecommunications laws and the Information Communication Ethics Committee.
- ③ When the facilities have disability or loss the Company shall repair or restore them without delay in order to continue to provide reliable Services unless there is a legitimate reason.
- ④ In the event of damage to members with respect to the Services provided by the Company the Company takes responsibility only when the damage occurs due to the intention or gross negligence of the Company. The range of the responsibility is limited to normal damage.
- ⑤ The Company shall handle the opinions or complaints raised by member rapidly when deemed to be reasonable. However, if fast processing is difficult the Company should notify the reasons and schedules to the members.
- ⑥ The Company is committed to protect the privacy of members including members' registration information as prescribed by the relevant laws and regulations and Information and Communication Network Act. As for the privacy of the members the Company shall keep the related regulations and the conditions stipulated in Article 16.
Article 16 Obligation of Member
- ① Members should provide complete information (hereinafter, the "Registration Information") consistent with the current facts at the time of signing up for the use of Service. Also, in case of any change to it registration information should be updated immediately.
- ② ID and password assigned to members should be managed as follows.
- 1. In case of the fraudulent use of ID or password without the consent of members it should be notified to the company immediately.
- 2. Every time to end the session it should be logged out and then the window should be closed.
- ③ Members shall agree not to do the following acts while using the Service.
- 1. The act of harming others (including minority)
- Stealing ID, password or identity of others and pretend to be someone else
- Writing down the false relationship with others
- Defaming the honor of others by writing down the fact or false rumors in order to slander others
- Distributing the false information in order to benefit or damage to property of others
- Interfering other's daily life with spoken and written languages, sound, image or video to cause shame, disgust or fear
- Using the Service for the commercial purpose without the prior consent of the Company
- 2. Delivering advertisement or promotion that is not necessary or not approved.
- 3. Posting or sending a junk mail, a spam, bombard articles and the act of solicitation such as pyramid schemes by email
- 4. Posting or sending obscene data, text, software, music, photographs, graphics or video messages by email(hereinafter, the "Contents")
- 5. Posting or sending the contents without owning the rights including intellectual property rights by email
- 6. Posting or sending computer software, hardware or software virus to destroy, hinder, or limit the function of telecommunication equipment by email
- 7. Collecting or saving other user's personal data by posting or sending by email data including other code, files or programs
- 8. Conducting gambling betting money
- 9. Mediating an act of prostitution or distribute the content of the information that mediates sexual immorality
- 10. When it is determined to interfere with the stable operation of the Services and be the chance as such
- 11. Other illegal or improper acts
- ① The Company shall collect information about members through the information provided by the member during the application for the use and the personal information of members shall be used only for the purpose of implementation and use of the Services of this contract.
- ③ The Company can not disclose or distribute to third parties the information obtained in connection with the Services of the members without their consent and can not use it for commercial purposes. However, the following cases are excluded.
- 1. If there is a request from the authorities on the purpose of the investigation by the relevant regulations
- 2. On request of the Information Communication Ethics Committee
- 3. If there is a request in accordance with the procedures specified in other relevant laws and regulations
Chapter 5. Changes in Contracts and etc.
Article 18 Termination and Limitation of the Use
- ① Members should apply for the termination of membership on the site via the Internet by themselves when they want to withdraw the membership.
- ② The Company may request for or change the member's ID and password for the reasons such as security, ID policy and the efficient provision of Service.
- ③ The Company can terminate the contract without prior notice when a member does the acts as follows.
- 1. When the data provided by the member was proved to be a fake
- 2. When involved in criminal acts
- 3. When the use of Service was planned or implemented for the purpose of inhibiting the national interest or public interest
- 4. When a member steals other's Service ID and password
- 5. When a member damages other's honor or disadvantages others
- 6. When a member registers with two different IDs
- 7. When a member inhibits the sound use of Services such as intimidating Services
- 8. When a member is against the relevant regulations or conditions the Company stipulated.
- ④ In case of the violation of the Article 16, Clause ③ the contract can be terminated or suspended for a certain period of time without prior notice.
- ⑤ At the time of contract termination all the accumulated data of the member shall be destroyed.
Article 19 Prohibition of Transfer
- Members should not transfer, donate the rights of the use of Service, other contracts of use and status to others nor provide them as collateral.
- ① An applicant and a partner should not use the business • technical secrets of the other party having learned in the course of the implementation of the Agreement without the consent of the other party unreasonably or disclose to third parties.
- ② An applicant and a partner have the responsibility to fulfill Clause ① during the period of contract or even after the expiration or termination of the contract in case of violation leading to damages. They should compensate them.
- ③ The Company shall not take any responsibility for any damages occurred resulted from the causes not in connection with Services provided free of charge.
- ① The Company is exempt from the liability when unable to provide Services due to natural disasters, war and other equivalent uncontrollable factors.
- ② The Company is exempt from liability in the event of damages by the suspension or an abnormal provision of the telecommunication operator.
- ③ The Company is exempt from liability for any damages due to the repair, replacement, periodic inspection or construction and etc.
- ④ The Company is exempt from liability for any damages caused due to the malfunction of the user's computer or the inaccurate personal data and email address user filled with.
- ⑤ The Company shall not take any responsibility for any transaction of products or money among members or member and the third parties and the profit related with the use of Service which a user may expect.
- ⑥ The Company does not guarantee the accuracy and reliability for the opinions or information published on this Service by members or other relevant organizations. The Company is not liable for any kind of benefit or loss depending on the information above.
- ⑦ The Company shall not take any responsibility to compensate for any damages occurred by the user's intention or negligence and emotional damages caused by others among the damages occurred to users with respect to the use of Service.
- ① Regarding to the use of Services in the event of a dispute between the Company and its members the Company and members should make every effort necessary to resolve the dispute amicably.
- ② Despite the Clause ① when a lawsuit is filed about disputes from the use of Services the jurisdiction of the courts is set by the location of the company premises.
Chapter 6. Compensation for Damages
Article 20 Compensation for Damages
Article 21 Disclaimer
Article 22 Jurisdiction
* Supplementary Provision
1. These Terms and Conditions are effective from July 8, 2016.