Students Agreement

Students Agreement

Fine link Inc. (below abbreviated as “the Company”) manages the ‘TEACHAT’ service (Offered through and any subdomains thereof, hereinafter abbreviated as “our service(s) or Site”). Only Users, who agree (see below Article 1, Section 1, clause 2) to this “User Agreement” (hereinafter shown as “the Agreement”) may use our services.

1. Definitions
1-1. Certain terminology used in this agreement are defined as follows:
Ⅰ. “The Site” : the Internet Site offered under the domain and all subdomains thereof.
II. “Lesson(s)”: Any form of instruction, useful information, exercises, conversation and advice offered with the intention of improving the skill or knowledge of the recipient.
III. “Tutee(s)”: Any individual registered on our Site who receives or intends to receive lessons through our services.
IV. “Tutor(s)”: You or any individual registered on our Site who offers or intends to offer lessons through our services.
V. “Lesson Agreement”: An agreement made between a Tutor and a Tutee governing the terms of the lesson.
VI. “Lesson commission”: The price of the lesson which the Tutee pays to the Tutor through the Company.
VII. “Matching Service”: Services offered through the Site which facilitates the exchange of lesson agreements.
VIII. “the Service” or “our Service(s)”: the totality of services including the Matching Service provided through the Site.
IX. “Matching Fee”: The price of the matching fee that the Tutee pays to the Company.
X. “Service Fee”: The sum of the Lesson Fee and matching fee.
XI. “Points”: An internal currency unit used for paying the service fee. Tutees may purchase points in exchange for fixed, predetermined amount of money.
1-2. Services provided through our Site include the following:
Ⅰ. Tutee services aimed at facilitating the search, and management of lessons and also to facilitate the exchange of lesson agreements.
II. Matching service
III. Counselling and advice related to the services above.
IV. Lesson services for Tutees.
V. Distribution of information related to but not limited to; campaigns, services and updates information sent through email.
VI. Tutor services aimed at facilitating the exchange of lesson agreements and management of lessons.
VII. Other services deemed appropriate by the Company.

2. Application of this Agreement
2-1. this agreement applies to use of services by Tutees.
2-2. Aside from this agreement, the User Terms, any other regulations on our Site and any notices sent to Tutees (hereinafter referred to as the “Terms of Use”) will be treated as part of this agreement.
2-3. if any of the previously stated Terms of Use differs in content, precedence will be taken in the following order: the said regulations, the said notice, Terms of Usage and the Agreement. Also, if the contents of the notice on the website are different from any other received notice, the latest notice will be applied.
2-4. the terms governing Tutors’ use of the Site and its services will be governed in a separately defined “Tutor Terms” (hereinafter referred to as the “Tutor Terms”).
2-5. Korea Standard Time will apply to any time or date indicated in this agreement.

3. Notifications from the Company
3-1. The Company shall communicate any information it deems appropriate to Tutors using emails, attachments and notifications posted through the Site or by whatever judge appropriate.
3-2. In the event the above mentioned notifications are sent through Site postings, , emails or attachments they will be deemed effective from the time they are sent or posted unless stated otherwise.

4. Qualifications Needed to Use the Service
Use of the Services by underage people requires parents or guardian's consent.

5. Use of the Services
5-1. Tutees shall judge credibility, accuracy, reliability, usefulness of information provided by our company as well as quality, accuracy, credibility and usefulness of other services and tutees agree to accept their own user responsibilities.
5-2. Tutees shall judge quality, accuracy, credibility and usefulness of lessons provided by tutors and tutees agree to take their own user responsibilities.
5-3. Tutees shall fully understand details about the tutor who provides lessons before they apply for such lessons, and tutee shall contact a tutor directly using the email function if they have any questions about identity of the tutor or content of provided lessons.
5-4. Lessons shall be provided by the tutor in principal and our company shall not provide any lessons except when our company deems it necessary.
5-5. Tutees agree in advance that lessons can be provided solely by voice communication and each tutor may have different pronunciations or dialect.
5-6. Our Company shall not assess or manage lessons provided by tutors and information exchanged between tutors and tutees.
5-7. Our Company shall not warranty credibility, accuracy, certainty, reliability and usefulness of identity information of tutors or any information provided by tutors.
5-8. Our Company shall not take responsibilities for any damage or loss of tutees or their parties by act or omission of tutors.
5-9. Our Company shall assume no responsibility for any information, file or goods exchanged between tutees and tutors, they shall absolve our Company from responsibilities for any kind of damages or losses of the tutee caused by information, file or goods provided.

6. Issues and Conflicts with Other Tutees
If you should sustain harm or damage from; or become involved in a conflict with another tutee, tutor or third party, all parties involved shall undertake to resolve the issues amongst by themselves using their own resources. If the Company suffers damage from the aforementioned issue or conflict the Company shall pursue compensation from the responsible parties. Such compensation may include, but is not limited to, reasonable legal fees. You will also be held responsible for any costs which may include, but is not limited to, reasonable legal fees required to resolve the aforementioned issue or conflict.

7. Tutee Registration
o7-1. Tutees shall apply for registration by filling in name, gender, email address, desired password, country of residence, and other information that our Company specifies on a form on the tutee registration page and sending the form to our company or in a method that our company specifies.(“Tutee Registration Application”) The tutee registration application shall be completed only by the tutee, and shall not be done by a third party except if acknowledged by our Company.
7-2. Tutees shall not enter any false content in the tutee registration application.
7-3. Our Company shall accept tutee registration applications by email in which tutee registration applications should be accepted and any other method that our company policy.
7-4. Our Company may refuse tutee registration applications under the following circumstances without disclosing reasons.
Ⅰ. Tutee registration application was proved to be submitted by a third party other than the tutee (except if accepted by our company).
II. Any falsity, miswriting, input omission is found out in the content of tutee registration application.
III. Tutee registration had been cancelled due to against these Terms of Use in the past.
IV. Any other cases, our Company deem inappropriate to accept tutee registration applications.
7-5. Tutees shall immediately submit any change in name, email address, country of residency and other information that our company specifies since the tutee registration is applied, in a method that our company policy.
7-6. Tutees may cancel tutee registration by a procedure that our company stipulates. Any unused points that tutees possess will become cancel when the tutee registration is cancelled and they shall not be refunded.

8. E-mail Notice letter Services
8-1. Tutees may choose whether to receive email notice letters in the tutee registration application.
8-2. Tutees shall agree that emails provided by email notice letter services (“Email Notice letter”) contain advertisements by our sponsors.
8-3. Our Company provides email notice letter services when our Company deems necessary and our Company shall not guarantee any regular delivery of email notice letter to all the tutees. Tutees agree beforehand that our company may or does not provide email notice letter services.
8-4. Tutees can refuse to receive email notice letters by taking a procedure that our company stipulates.

9. Suspension of providing the Services, Cancellation of Tutee Registration
Our Company may suspend the Services to tutees or cancel tutee registration without prior notice under the following circumstances. Any unused points that tutees possess will become cancel when tutee registration is cancelled based on these Terms of Use and they will not be refunded.
Ⅰ. Tutee registration had been cancelled in the past due to against our company policy.
II. Any act in paragraph 16 is committed.
III. When these Terms of Use are against other than above mentioned.
IV. When our Company deems inappropriate to provide the Services or to maintain tutee registration.

10. Password Management and Usage
10-1. Tutee who is user our company will either define your own or be provided with a password by the Company (hereinafter referred to as “Password(s)”) to access various restricted areas of the Site. The Company is not responsible for the management of your Password.
10-2. tutee should not give or disclose their Password to a third party.
10-3. The Company will not be held responsible if the users or someone else uses your password inappropriately or to harm a third party.
10-4. If tutee find out that your Password is being used by a third party without your consent, you should immediately inform the Company and act according to our policy.

11. Burden of Expense
11-1. Tutees are responsible for preparation of hardware (including but not limited to computer, headset and microphone or any other things), and software (including but not limited to communication software stipulated in following paragraph 17, line 1), communication line and other things which are necessary for using the services and lessons at their own expense.
11-2. Tutees understand that use of the services and lessons requires communication expenses such as telephone charge, Internet connection fee, electricity fee and any other costs other than those mentioned in the previous paragraph and they are responsible for all expenses.

12. Completion of Lesson Contract
12-1. A lesson contract is completed when a tutor make a confirmation and accept the lesson contract that the tutee applies, by using the services of the system.
12-2. Tutees agree that tutors may not accept lesson contract applications from tutees or may cancel once-concluded lesson contracts based on “Cancellation Policy for Tutor” that our company stipulates.

13. Purchase, Management and Use of Points
13-1. Tutees shall purchase points from our Company, and pay for service fees by using the purchased points. Our Company shall pay for lesson fees to tutors by bank transfer on behalf of tutees.
13-2. Tutors shall determine the amount of points which are required for payment of service fees at their discretion within the range of points stipulated in the Tutor Policy.
13-3. Points that are equivalent to service fees for the lesson contract shall be deducted at the same time as tutees apply for a lesson contract.
13-4. Tutees are required to purchase points from our Company before applying for a lesson contract.
13-5. Tutees agree to purchase a lump sum of points that our Company specifies when tutees purchase points from our Company.
13-6. The purchase price is 11 WON per point (including VAT) unless otherwise stipulated separately by our Company.
13-7. Tutees apply for a purchase (purchase application) in a method that our company stipulates separately when they wish to purchase points.
13-8. Tutees shall not enter any false details on a purchase application.
13-9. Tutees shall make payment for point purchase by either bank transfer, credit card owned by the Tutee (limited to credit card companies that our company specifies separately), PayPal, Alipay or any other method that our Company specifies separately.
13-10. Tutees agree that they can`t cancel once-applied purchases unless otherwise admitted by our company.
13-11. Our Company may cancel points or take appropriate measures under any of the following circumstance without notice to tutees.
Ⅰ. When a purchase application is used by anyone else not a tutee.
II. When point purchase payment was made by a credit card owned by someone else but the tutee.
III. When tutees violate these Terms of Use other than the previous paragraphs.
IV. Any other circumstance which our Company deems necessary to cancel or take appropriate measures.
13-12. Tutees can`t use points for any other purposes but the payment of the service fees.
13-13. validity period of points is 180 days after being issued by our Company, and any points outstanding after that period become invalid. The validity period of points shall be counted for each point and shall not be extended under any circumstance.
13-14. Tutees shall be responsible for use and management of points.
13-15. Tutees can`t give, rent or let a third party use their points.
13-16. Tutees shall immediately notify our Company of any unauthorized use of points, and tutees shall follow the instructions if our company issues such instructions.
13-17. Tutees who own the points are solely responsible for misuse of points or prejudice, damage, defacing by abuse of a third party, and our Company assumes no responsibilities.
13-18. Tutees agree that points are not to be re-issued under any circumstance including abuse of points by a third party.

14. Return of Used points.
14-1. Tutees agree to follow the “Cancellation Policy for Tutees” separately stipulated by our Company with regards to lesson contract applications, cancellation of once-concluded lesson contracts, lesson schedule changes, point refund for cancelled lessons (which signifies that points that were once deducted shall be returned to be valid points based on the previous paragraph line 3.)
14-2. Tutees may make a claim to our Company to return points under the following circumstance in addition to paragraph 1 of these Terms of Use.
Ⅰ. When an arranged lesson contract was cancelled by our Company or tutor, tutees may claim a return of points based on this fact.
II. When the duration of the lesson is equivalent to 30% of the total time was interrupted solely due to an issue resulting from the tutor, the tutee may claim a return of points based on this fact.
14-3. Our Company may ask tutees to provide us with necessary information and tutees shall immediately respond to the request under any of the following circumstances.
I. When tutees or tutors cancel once-concluded lesson contracts.
II. When lesson duration equivalent to 30% of the total lesson time stipulated in the lesson contract was interrupted or when our Company deems such possibilities.
III. When tutors violate the Tutor Policy or our Company deems such possibilities.
IV. Any other circumstances which our Company deems necessary.
14-4. Our Company shall make final judgment on applications in cases such as line 2 of this paragraph, based on results of examinations conducted in a most sincere manner with tutees and tutors.

15. Prohibition of Point Refund
Once-purchased, points cannot be refunded except in cases stipulated in paragraph 25 article 2.

16. Prohibition
16-1. Tutees may not commit any of the following in the use of the service or lessons.
I. To send or post wrong information.
II. To wrong or delete information that may be used for the services or to attempt this.
III. To infringe on the intellectual property right of other tutees, tutors, a third party or our Company such as copy right or trademark right, or any attempts to do so.
IV. To practice discrimination or mental abuse towards other tutees, tutors, a third party or our Company, or any attempts to slander honor or credibility of other tutees, a third party or our Company.
Ⅴ. Any attempts to infringe on heritage, privacy, portrait rights or publicity of other tutees, tutors, other third parties or our Company.
VI. To send advertising or soliciting emails, without prior permission, to other tutees, tutors, other third parties or our Company, to send emails that would give a feeling of disgust, to interrupt mail reception of others, to request a third party to forward chain-reaction emails, or to forward such emails complying with requests.
VII. To conduct any action that would lead to crimes such as fraud.
VIII. To establish pyramid schemes or to solicit them.
IX. To send or post any image or document which may be pornographic or involve child abuse.
X. To conduct election campaigns or similar activities, or against public office election law.
XI. To use or provide harmful programs such as computer viruses, or to promote such programs to third parties.
XII. To social-engineer in using the Services.
XIII. To attempt any unauthorized access to other computer systems or networks which are connected to the services.
XIV. To violate laws or to be offensive to public order and morals (including but not limited to prostitution, violence or savagery) in addition to the previous paragraph, or to put other users, tutors, third parties or our Company at a disadvantage.
XV. To compete with other tutees, tutors or third parties of the services, or to introduce or to render others a service which can be competitive to us.
XVI. To encourage or promote any of the mentioned behaviors.
XVII. Between tutors and tutees get a margin in private class only between them.
XVIII. Any other behavior that our company deems inappropriate
16-2. Tutees shall not use any information obtained through using the services about tutors for any other purposes than use of the services or practice of the lesson contract concluded by our matching services. Tutees shall not apply for lessons directly to tutors without using the matching services.

17. Use of Communication Software
17-1. Tutees shall use online communication software, which our company designates, provided by a third party (“Communication Software”) to take lessons.
17-2. Tutees shall follow the terms of service, user conditions and other provisions which the third party of communication software provides in the use of the communication software.
17-3. Tutees are responsible for downloading communication software in advance and confirming whether the communication software is operable under the environment of the tutee before registration.
17-4. Our company assume no responsibility for any case in which tutees were unable to use communication software in their environment or lessons could not be conducted due to breakdown or setup defect of the software or necessary hardware, or any other cases resulting from tutees.

18. Emails and Uploaded Information
18-1. Our Company shall not be liable for contents of any emails, or uploaded information which are created by tutees, tutors or other third parties.
18-2. Tutees shall take responsibility for emailing, uploaded information, handling email service providers, and other related conditions, guarantees and statements. Tutees agree to hold our Company blameless against any kind of loss or damage, resulting from related correspondences.

19. Confidential Information
19-1. Tutees shall provide us with the personal information that our Company specifies and any other information about themselves (“Personal Information”), as is necessary in the Terms of the use, services and lessons, for tutee registration and any case which our Company specifies. Our Company shall post information that was approved by tutee on the website for the purpose of notifying tutors.
19-2. Other than those specified in these Terms of Use, tutees shall keep confidential any information which obtain about other tutees, tutors, third parties and our Company through the use of the services or lessons whilst registered and after tutee registration cancellation. Tutees shall not disclose or leak such information to third parties and shall not use this for any other purpose but to conduct lesson contracts which were concluded through matching services for any reason whatsoever.
19-3. Other than those stipulated in these Terms of Use, tutees shall not provide any information about services that are or can be competitive to the services through the website and lessons to other tutees, tutors and third parties.

20. Acceptance of License Right
Tutees grant to our Company, a non-exclusive license with sub-license to any information that tutees upload to their profile page and other webpage of our Company’s website(including but not limited to information occurred or derived) to use, disclose, display, reproduce, modify, translate, distribute, delete etc. across the globe. Licensed information which tutees grant to our Company, based on these Terms of Use, includes all the information that is uploaded to profile pages and other web pages of our website, such as texts, pictures, paintings, music, and evaluations and other than personal information.

21. Indemnity
21-1. Our Company guarantees no credibility, accuracy, certainty, reliability, availability etc. about information on the services and quality, reliability, availability of services and lessons. Our Company assumes no responsibility for any damage or loss related to these.
21-2. On no account will our Company be liable for any damage and loss arising out of the discontinuation of the services, cancellation of tutee registration, suspension, change, addition or cancellation of the service.
21-3. Our Company assumes no responsibility for loss or damage that results from an action or failure to act by a third party including other tutees.
21-4. Other than those stipulated in these Terms of Use, our Company shall not be held responsible for any damage or loss arising out of use of the services or lessons.
21-5. Our Company assumes no responsibility for any damage and loss that results from tutees to other tutees, tutors and other third parties in use of the services and lessons.

22. Advertiser
22-1. Tutees agree that any problems which occur between tutees and advertises shall be solved among tutees, advertises and others, when tutees participate in any promotion activity of advertisement or other agencies of advertisement posted on the website.
22-2. Our Company assume no responsibility for any action of people, including third parties, who tutees contact through a link created by the advertiser or others, a website operated by the advertiser and others, and use of the website or software.
22-3. Tutees agree to hold our Company blameless against any damage or loss arising from advertisement and other third parties to tutees.

23. Suspension of the Services
Our Company may temporarily suspend providing the Services without prior notice to tutees under the following circumstances.
Ⅰ. An unavoidable circumstance due to maintenance or construction of facilities for the service.
II. An unavoidable circumstance due to failures of facilities for the services.
III. Due to unavailability of electricity communication services resulting from operation of electricity communication provided by an electricity communication provider.
IV. Any other circumstance which our Company deems necessary for temporary suspension due to an operational or technical reason.

24. Amendments and Additions of the Services
Our Company may amend or add contents of the services without prior notice to tutees.

25. Termination of the Services
25-1. Our Company may terminate the services giving notice to tutees.
25-2. Our Company shall refund for unused points that tutees possess when the services were terminated in the amount and method that our Company stipulates.

26. Reservation of Rights
All of the copyrights, intellectual property rights such as trademark, portrait rights, publicity rights and any other rights related to information (including but not limited to video, sound, text material, picture, image) provided through the email newsletter services and the services by our Company except as otherwise provided.

27. Revision of the Terms of Use
27-1. Our Company may revise terms of use stipulated by us without agreement of tutees.
27-2. Any revised agreement or Terms of Use become effective when our Company notifies tutees of revised contents according to paragraph 3 line 2.

28. Frame act on consumers
Any part of paragraphs in these Terms of Use which conflicts with Frame act on consumers (Frame act on consumers) becomes ineffective. The components which become ineffective due to above mentioned circumstance are limited to the parts which conflict with each paragraph in the Frame act on consumers, and any other parts except the relevant part or paragraph which includes such components shall come into effect without being affected.

29. Indemnification for Damage
Tutees shall take responsibility to immediately reimburse for any damages (including but not limited to reasonable attorneys' fees) to our company if tutees cause any damage to us.

30. Prohibition on Transferring or Bonding Rights and Obligations
Tutees shall not transfer, inherit or bond rights and obligation fully or partially based on these Terms of Use.

31. These Terms of Use are governed by the laws of Japan.
These Terms of Use are governed by the laws of Korea.

32. Court of Jurisdiction
Tutees and our Company agree that when a need for judicial action arises between tutees and our company or between tutees and tutors in relation to the services, the Korea court shall be the exclusive consensus court of jurisdiction for its first trial in response to amount of the case.

33. Languages
These terms of use shall be created in Korean and other languages and contents of Korean terms of use shall be followed in the event that contents between in Korean and other languages differ.

34. Consultation Settlement
Any question arising out of these Terms of Use or any matter not stipulated herein shall be settled upon consultation between tutees and our Company in a kindness manner.

35. Supplementary Provision
Implementation: October , 2014

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