This terms and conditions of use (hereinafter referred to as the “Terms and Condition”) defines the conditions between Speaky Peaky (hereinafter referred to as the “Company”) and users in regards to the use of websites, software, applications, products, documents and other products and services (hereinafter referred to as the “Service”) provided to users under the Speaky Peaky name or in relations to “Speaky Peaky”.
Article 1. Agreement to Terms and Conditions of Use
The user must use the Service according to the provisions in the Terms and Conditions. The user cannot use the Service unless he/she agrees to the Terms and Conditions. The user is deemed to have agreed to the Terms and Conditions once he/she clicks the ‘Agree’ button that is displayed on the screen when installing the Service.
Article 2. Other Applicable Rules
Article 3. Collection of Information
The Company collects the user’s computer name in order to determine the terminal used to access the Service.
Article 4. Approval to Use Software
1. The Company allows the nonexclusive use of the software in relation to the Service (hereinafter referred to as the “Software” and includes software that is newly provided due to future upgrades) provided by the Company for the user who downloads the Software for the use of the Service under the condition that the user abides by the Terms and Conditions. The copyright to the Software and any associated rights will belong to the Company.
2. The Company cannot guarantee that the Software is free of any actual or legal defects (including but not limited to stability, reliability, accuracy, completeness, validity, suitability for a specific purpose, security-related defects, errors or bugs, infringement of rights, etc.).
3. The user must not conduct the following actions when using the Software unless the user has separately obtained evident approval from the Company.
(1) Copy the whole or part of the Software.
(2) Modify the whole or part of the Software’s features, text, and/or program source code.
(3) Disassemble or decompile the whole or part of the Software, or attempt to decipher the whole or part of the Software.
(4) Assign, lend or license the Software to a third party.
(5) Use the Software for advertising, commercial purposes, or solicitation.
(6) Violate a law, judgment, judicial ruling, court order, or binding regulation.
(7) Violate the rights of the Company or of any third party (including, copyright, trademark, patent or similar intellectual property rights, right of reputation, right to privacy, or any other right arising at law or by contract).
(8) Interfere with or obstruct the Company’s operation of the Service or other users’ use of the Service.
(9) Aid or encourage any of the actions mentioned in items (1) through (8) above.
(10) Any other use of the Service that the Company deems inappropriate.
4. The Company may modify the whole or part of the Service, as well as terminate the Service, when the Company deems necessary, without providing prior notification to users (including, but not limited to, updates to the Software).
5. The Software may contain software which is under the open-source license or a modification of such software (hereinafter referred to as ‘Open Source Software’). Licenses are applied in accordance with the conditions of the licenses (hereinafter referred to as ‘Open Source License’) that are applied to the Open Source Software. The Terms and Conditions do not limit the user’s rights based on each Open Source License and do not grant rights that can replace the rights granted by the Open Source Software. In the event of a provision resulting in a conflict between the Terms and Conditions and the Open Source License, the provision in the Open Source License supersedes the Terms and Conditions.
Article 5. In-App Purchases
1. If you purchase an auto-renewing periodic subscription through the Service, your Speaky Peaky account will be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your Speaky Peaky account and follow instructions to terminate or change your subscription, even if you have deleted your account. Speaky Peaky may manage, regulate, control, modify, or eliminate Virtual Items at any time, with or without notice. Speaky Peaky may update the pricing at any time in its sole discretion and may add new in-App purchase items. Speaky Peaky shall have no liability to you or any third party in the event that Speaky Peaky exercises any such rights.
2. You agree to pay all fees and applicable taxes incurred by you or anyone using a Speaky Peaky account registered to you. Speaky Peaky may revise the pricing for services offered through the Service at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions, or other monetary transaction interactions.
Article 6. Payment Processors
Article 7. Refund Policy
1. In the event that Speaky Peaky suspends or terminates your use of the Service or these Terms and Conditions or you close your account voluntarily, you understand and agree that you will receive no refund or exchange of any kind, including for any unused lessons or course, or any Content or data associated with your use of the Service, or for anything else.
2. If you are not happy with the Service of Speaky Pkeay, you may email us at firstname.lastname@example.org within 7 days of the purchase date. We will then give you a full refund. If you contact us after 7days of the purchase date, a refund will not be made.
Article 8. Third-Party Links, Sites, and Services
The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising by Speaky Peaky on the Service are subject to change. In consideration for Speaky Peaky granting you access to and use of the Service, you agree that Speaky Peaky and its third-party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.
Article 9. Termination
Speaky Peaky may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your Speaky Peaky account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of Speaky Peaky’s proprietary rights, your representations, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
Article 10. Proprietary Rights in Service Content and Activity Materials
All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement except streamed YouTube videos, thumbnail images and English scripts provided in lessons (the "Service Content"), are the proprietary property of Speaky Peaky or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and Speaky Peaky, all data, information and materials generated from your access and use of the educational activities made available on or through the Service, including translated content generated by you (collectively, the “Activity Materials”), shall be exclusively owned by Speaky Peaky, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions. Activity Materials will not include Translation Materials. By using the Service, you hereby assign to Speaky Peaky any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of Speaky Peaky or its licensors that are not expressly granted in these Terms and Conditions are reserved to Speaky Peaky and its licensors.
Article 11. The Company’s Exemption from Liability
1. The Company shall not be responsible for any damages inflicted upon Users in relation to the use of the Service. However, if the agreement (including but not limited to the Terms and Conditions) between the Company and User regarding the Service shall be deemed as a consumer contract under the Consumer Contract Law in the Republic of Korea, then this exemption clause shall not be applied.
2. Notwithstanding the condition stated in clause 1 above, the Company shall not be responsible for any indirect, special, incidental, consequential, or punitive damages (including but not limited to such damages that the Company or user predicted, or could have predicted) with respect to the Company’s contractual default or act of tort due to the Company's negligence (except for gross negligence). The compensation for ordinary damages in respect to the Company’s contractual default or act of tort due to the Company's negligence (except for gross negligence) shall be limited to the total amount of expenses incurred by the user in order to use the Service in the particular calendar month in which such damages occurred.
Article 12. Modification of the Terms and Conditions of Use
The Company may modify the Terms and Conditions when the Company deems necessary, without providing prior notification to users. The modification becomes effective once the modified Terms and Conditions are posted on an appropriate location within the website operated by the Company. Users must refer to the Terms and Conditions on a regular basis for the latest version when using the Service since a separate notification is not provided.
Article 13. Governing Law and Jurisdiction
Where the Company has provided Users with a translation of the Korean language version of the Terms and Conditions (hereinafter referred to as ‘Korean Version’), the Korean Version will govern the relationship between Users and the Company. In the event of a provision resulting in a conflict between the Korean version and a translation, the provision in the Korean Version supersedes such translation. The Terms and Conditions will be governed by the laws of Korea. Conflicts that arise from the Service or conflicts between the user and the Company related to the Service will be governed primarily under the exclusive jurisdiction of the Seoul Central District Court.