Part 1 General Provisions
- Article 1 (Purpose)
This Standardized Agreement (the “Agreement”) is made and entered into by and between Banyantree Club & Spa Seoul (the “Company”) and the members of the Company (this refers to the service users who consent this Agreement and completed membership registration, the “Members”). The purpose of this Agreement is to set forth rights, obligations and responsibilities of the Company and Users (individually the “Party” and collectively the “Parties”) with respect to becoming a member of the Company and using online internet services (this refers to all services provided by the Company which can be used regardless of types of terminals, wire or wireless, which can be connected, the “Service”) provided by the Company.
- Article 2 (Clear Indication, Effect and Modification)
The Company will upload the contents of this Agreement on the first screen of the Service enough to be noticed by the Users. The Company may modify this Agreement unless it does not comply with relevant laws including the Act on Development of Online Digital Contents Industry, laws on consumer protection in e-commerce, laws on standardized contract control and the Framework Act on Consumers.
In case of such modification, the Company will notify it in home page of the Service by expressly describing existing standardized agreement, revised one, effective date of revised standardized agreement and the reasons of such modification. Such notification shall be made for reasonable period from at least 15 days of effective date: Provided, however, that, if such modification is unfavorable to the Members, Such notification shall be made for reasonable period from at least 30 days of effective
Even though the Company makes a clear notification that, if the Members do not express their intent of rejection within 7 day of effective date of revised agreement from notification date, it shall be deemed that they approve, if the Members do not express such intent, this shall be deemed that they approve revised agreement. When the Members do not approve revised agreement, they may terminate this Agreement pursuant to the Paragraph 17.1.
Part 2 Member Registration and Management
- Article 3 (Registration Process)
If a service user reads this Agreement and pushes “Consent” button or checks “Confirm,” it shall be deemed that he or she agrees with the terms and conditions of this Agreement.
Service users’ membership registration for using the Service can be made by completion of membership registration of club membership of Banyantree Club & Spa Seoul and then following the same method mentioned above: Provided, however, that, if the Company consider necessary,
The Member may be required to submit separate document. Membership registration of corporation customers is not permitted
- Article 4 (Formation, reservation and rejection of membership registration)
Membership registration is formed by service users’ membership application under the process set forth in the Paragraph 3 and the acceptance of the Company. Upon completion of membership registration as club membership of Banyantree Club & Spa Seoul and consent of users’ standardized agreement by online membership applicants, the Company shall accept it with no delay after confirming necessary items: Provided, however, that, if the Member is required to submit separate document, this shall not be applied.
The Company may defer the acceptance of membership registration if the case falls under one of the followings:
The Company may reject the acceptance of membership registration if the case falls under one of the followings:
- ① if there is no room for facilities capacity for the Service in reality;
- ② if it is considered to provide the Service technically;
- ③ Other cases when the Company considers it necessary for the reasons of finance or technology;
- ① 1 if any of contents of membership application is false or false document is attached for such application;
- ② if any child under 14 does not obtain consent for personal information disclosure from his or her parents or legal representatives;
- ③ if the Company considers that there exists clear concerns about social order or traditional custom is harmed taking account of relevant laws and regulations; or
- ④ if any member whose membership has been terminated by the Company for the reason set forth in the Paragraph 17.2 files membership application;
- Article 5 (Member’s Responsibilities)
The Members shall be responsible for all the disadvantages arising out of their intentional misconduct or negligence including, but not limited to, improper maintenance of membership ID (membership code), pass word (birth date) and wrongful use of his or her ID by a 3rd party : Provided, however, that, if such disadvantages are caused by the Company’s intentional misconduct or negligence , the Company shall be responsible for that.
If the Members notice that their membership ID (membership code) or pass word (birth date) is stolen or used by a 3rd party, the Members shall immediately take actions such as changing password, inform it to the Company and comply with the Company’s direction.
- Article 6 (Collection of Personal Information)
The Company shall have the right to collect necessary personal information from the Members in accordance with relevant laws and regulations in order to provide the Service.
- Article 7 (Change of Member Information)
If any of the followings is changed, the Members shall immediately change it in member information management page. In such case, the Company shall not be liable for any damage arising out of the Member’s failure of such change: Provided, however, that corporate members may change in a way separately designated by the Company:
Birth date, nationality and contact places
Address and title; and
Others recognized by the Company.
Part 3 Use of the Service
- Article 8 (Use of Service)
Use of the Service is available immediately after the Company’s approval of such use: Provided, however, that, in case of paid service, the Company may allow such use after it confirms the payment.
If any Member, minor under the Civil Code, uses paid service, such Member shall obtain approval from his or her legal representative prior to make payment.
Except for the cases where it is impossible for the reasons of management or technology of the Company, the service hours is year-round and 24 hours (00:00-24:00) in principle: Provided, however, that, the Company may divide the Service into special units and designate separate dates and hours for the use for the reasons of regular inspection of service facilities and others.
- Article 9 (Notification)
If any of the Service’ contents is modified or terminated for the reasons of termination of contract for the Service with CP (Contents Provider), changes of CP or opening of new service, the Company may notify it to the Members with e-mail.
In the cases set forth in the Paragraph 9.1, if the Company notifies it to unspecified individuals, such notification may be made through notice page of the Company’s website : Provided, however, that, if the matter which may significantly influence on the Member’s transaction is to be notified, the Company shall notify it through message board for reasonable period and separately inform it to the Member at issue by sending an e-mail at the same time.
In case of termination of paid service, the Company shall notify it to the Members pursuant to the process set forth in the foregoing Paragraph 9.1 and refund pursuant to the process set forth in the Paragraph 16.4.
- Article 10 (Ownership of Rights)
All the copyrights of the posts uploaded by the Members on the Service (the “Posts”) shall be owned by the author of such Posts.
The Posts may be exposed to search result and relevant promotions and, for such exposure, they may be partially modified, reproduced or edited for posting. In such case, the Company will comply with the provisions of the Copyright Act and the Members, at any time, may take actions of deleting, excluding research result or not disclosing with respect to the Posts at issue by contacting customer service center or using managerial functions of each Service.
If the Company desires to use the Posts in a way other than those described in the foregoing Paragraph 10.2, the Company will obtain prior consent of the Members through telephone, fax or e-mail.
- Article 11 (Restrictions and Suspension)
If any of the followings occurs, the Company may restrict or suspend the use of Service:
In the event that the Company restricts or suspend the use of service under foregoing Paragraph 11.1, the Company shall notify the causes and restriction period to the Members.
- ① if the operation of the Service is obstructed by willful misconduct or negligence of the Member;
- ② if the Member fails to perform its obligations set forth in the Paragraph 13;
- ③ if it is avoidable for the reasons of inspection, repair or construction of service facilities;
- ④ if telecommunication service is suspended by key telecommunications service providers set forth in the Telecommunications Business Act;
- ⑤ if the use of Service is hindered for the reasons of state of national emergency, defect of service facilities or congestion of service use; or
- ⑥ Other cases when the Company consider it improper to continue the Service due to material causes.
If the Company decides to terminate agreement and revoke their membership under the Paragraph 17.2, the Company shall notify it prior to such revocation and, in such case, the Member shall have the opportunity to defend against such revocation within 30 days from date of receiving such notification.
- Article 12 (Company’s Obligations)
The Company shall faithfully and take actions to maintain, inspect or restore relevant facilities for the Service and its security enough to provide the Service continuously and sustainably.
The Company shall not send any spam mails or SMS text massages for profit without prior consent of the Members.
If the Company provide the Service by entering into service contract with a 3rd party, the Company shall indicate detailed personal information of the Members to be provided to the 3rd party for each service and obtain individual and clear consents from the Members prior to share such information with the 3rd party. The Company shall comply with relevant laws and regulations by sharing such information only within the scope and period of such consent.
- Article 13 (Member’s Obligations)
The Members shall not act the followings:
If it is necessary to obtain adult certification under relevant laws and regulations for using the Service, the Member shall submit real- name information by following with the method of the Company.
- ① Acts of filling out false information at the time of membership application or its change;
- ② Acts of changing the information posted in the Service or using any information acquired during the use of the Service for reproduction, publication or broadcasting for profit or not without prior consent of the Company or disclosing such information to a 3rd party;
- ③ Acts of providing chances to a 3rd party to advertizing him or her by using the Service, receiving money for promoting such party, assigning the right to use the Service and taking money;
- ④ Acts of infringing a 3rd party’s rights by uploading false information of such party or infringing such party’s intellectual property;
- ⑤ Acts of improperly using the Service by stealing other member’s ID and password;
- ⑥ Acts of using paid services of the Company by using other’s payment information of account number and credit card number without consent of such person;
- ⑦ Acts of sending junk mail, spam mail, chain letters mails, mails enticing pyramid marketing scheme or other mails containing obscene materials, violent massage, image or sound, disclosing or uploading information against good public order and customs;
- ⑧ Acts of transmitting or uploading information (including computer program) whose transmission or uploading is prohibited by relevant laws and regulations including, but not limited to, the Information Network Act;
- ⑨ Acts of uploading materials harmful to juveniles set forth in the Juvenile Protection Act;
- ⑩ Acts of spreading information, sentences, figure or voice contrary to public order or public morals;
- ⑪ Acts of uploading massages or sending mails by pretending or impersonating an employee or service manager of the Company or stealing other’s identity;
- ⑫ Acts of uploading or sending data containing software virus, other computer code, file and program which is designed for the purpose of obstructing or destroying normal operation of computer software, hardware or telecommunication equipments;
- ⑬ Acts of collecting, storing or disclosing of personal information of other members without their consent;
- ⑭ Acts of doing commercial activities by using premium mail or other service provided by the Company for the purpose of uploading advertisement or promotion materials to unspecified members or transmitting spam mails;
- ⑮ Acts of violating any provision of present laws and regulations, users’ standardized agreements of the Company for the Service or other rules for use of the Service;
In the event that the Member acts which falls under any of acts described in the foregoing Paragraph 13.1, the Company may delete the Posts permanently or temporarily, restrict service use or unilaterally terminate this Agreement.
- Article 14 (Assignment)
Any right to take the Service of the Members shall not be transferred, give as gift or used for pledge.
- Article 15 (Payment of Service Fee)
If the Members uses paid Services, the Members shall be able to use the Service after making payment of service fees in principle.
Only credit card payment or personal payment is available for the payment for paid services of the Company and there may be different in payment method for each paid service.
In case of Service for which regular monthly payment is made, such monthly payment shall be made each month unless the Member stops the use of the Service at issue and requests cancellation of such regular payment.
The Company may request additional personal information of the Member if it is indispensible for execution of payment and, in such case, the Member shall provide his or her personal information accurately. The Company shall not be liable for any damage on the Member arising out of false or inaccurate personal information submitted by the Member unless the Company makes willful misconduct or negligence causing such damage.
- Article 16 (Refund and Claim)
With respect to the payment which has been made to the Company by the Member mistakenly, the Company shall refund such payment.
If the payment of service fees is refunded due to the Member’s fault, the process is as follow:
- ① In case of services whose use becomes completed by single use after payment of service fee, refund of such payment is impossible after using such service: Provided, however, that, for the service whose use period is unlimited after purchase, refund of such payment is possible only within one year from such purchase and the amount of refund may vary depending on each service.
- ② In case of paid services which continue for less than one month after payment, the remaining amount after deducting the service fees for the days of use will be refunded. This shall be applied to the services for which monthly payment is made.
- ③ In case of paid services which continue for more than one month after payment, the remaining amount after deducting the service fees for the days of use and 10% of total remaining days of use will be refunded: Provided, however, that, if termination is requested within 7 days from commencement date of use of paid services, the remaining amount after deducting the service fees for the days of use will be refunded.
Notwithstanding the foregoing Paragraph 16.2, if the case falls under one of the followings, entire amount of payment made by the Member shall be refunded: Provided, however, that, in such case, cancellation fee may be charged:
- ① if the Member did not use the Service at all after completion of payment;
- ② if the Member could not use the Service due to the Company’s fault even though service obstruction was removed or minimum technical specification was met;
- ③ if the Service purchased by the Member was not provided
- ④ if the Service provided was strikingly differ from those indicated or advertized; or
- ⑤ if normal use of the Service is impossible due to its defect.
The Members may make a claim for service fees: Provided, however, that such claim shall be raised within one month from the date when the Members knows the causes, within three months from the date when such causes occur.
In the event that the Member violates the provisions of the Paragraph 13 and the Company either restricts the Member’s use of the Service or unilaterally terminate this Agreement, the Company shall not refund any payment at all.
In case of refund of entire payment, the Company refunds such in the payment method used by the Member for the use of the Service in principle: Provided, however, that, either it is impossible or in case of partial payment due to termination during service, the Company may refund in other payment method.
Any refund made under this Paragraph 16 shall be made within 3 business days from the date when the Company’s refund duty occurs and, otherwise, delay refund rate shall be 11% annual rate: Provided, however, that, if cooperation of the Member is necessary for the refund and delay of such refund is caused by the Member’s fault, the Company shall not be liable to pay such interest.
The expenses for refund arising out of the Member’s fault shall be borne by the Member and the expenses for refund arising out of the Company’s fault shall be borne by the Company.
- Article 17 (Termination)
If the Member desire to terminate service use contract, he or she may delete his or her ID (membership code) and withdraw the membership pursuant to the process of member information management of the Company at any time.
In the event that the Member violates the provisions of Paragraph 13, the Company may unilaterally terminate this Agreement and, in such case, the Member may be liable for civil or criminal claim for any damage on service operation of the Company.
Termination of paid service contract shall be made by the Members’ application of service termination and the Company’s acceptance of such application. In such case, such termination shall be effective on the date of such acceptance and refund, if necessary, will be made under the Paragraph 16.
If any paid Service set forth different method and effects of contract termination other than those set forth in the Paragraph 17.3, such method and effects shall be complied for such paid Service.
Part 4 Miscellaneous
- Article 18 (Juvenile Protection)
With respect to the Service, the Company executes the juvenile protection policy set forth in the Information Network Act in order to help the juveniles’ internet use and protect them from any harmful information and the details of such protection may be noticed in the first screen of the Service.
- Article 19 (Indemnification)
If the Company fails to provide the Service due to one of the followings, the Company shall not be liable for any damage on the Member:
- ① If such failure is caused by natural disasters or other equivalent unavoidable conditions;
- ② If such failure is caused by willful misconduct of a 3rd party who has entered into a service contract with the Company for the Service;
- ③ If such failure is caused by the Member’s faults; or
- ④ If such failure is caused by the reasons other than willful misconduct or negligence of the Company.
The Company shall not represent or warrant that all the information, data or facts which are uploaded in the Service by CP or the Members is credible or true and shall not be liable for the damages on the Member arising out of such information, data or facts.
- Article 20 (Dispute)
This Agreement shall be governed and construed by the laws of the Republic of Korea and any dispute arising out of the use of the Service between the Company and the Members shall be settled by the court having jurisdiction over the address of them under the Civil Procedure Code.
- Article 21 (Application)
Any matter which has not been set forth in this Agreement shall be resolved by relevant laws and regulations, and customary practice.
Supplementary Rule (2013.7.5)
This Agreement shall be effective from July 5, 2013: Provided, however, that, for the new Members who registered their membership after notice date of this Agreement before its effective date, this Agreement shall be effective from the date of such membership registration.