Article 1 (Purpose)
(1) The terms and conditions for the use for MotiPen services (the “Service Terms and Conditions”) refer to the terms and conditions set forth herein (the “Terms and Conditions”), the terms and conditions for the use of paid services (the “Terms of Use for Paid Services”), any other terms and conditions that may be added in the future, and operational policies for the Service.
(2) The purpose of the Service Terms and Conditions is to clearly define the legal relationship between HYBE Edu Co., Ltd. (the “Company”) and users (“Members”) who have entered into an agreement (the “User Agreement”) pursuant to the Terms and Conditions to use MotiPen services (the “Services”) offered by the Company.
(3) The Company shall disclose the Terms and Conditions and its privacy policy (the “Privacy Policy”) on the landing page of the Services so that they are easily noticeable by Members.
Article 2 (Conclusion of Service Agreement)
(1) The User Agreement is concluded when a person who desires to be a Member (the “Applicant”) applies for membership after agreeing to the Terms and Conditions and the Company approves such application. The Applicant becomes a Member when the Company approves his/her application and the User Agreement is concluded. Thereafter, such Member shall be eligible to use the Services in accordance with the Terms and Conditions.
(2) The Company may collect (personal) information, such as the email address of the Applicant, in the course of concluding the User Agreement. In such cases, the Applicant shall provide correct (not false) information. The collection, use and storage of personal information under this Paragraph shall be subject to the Privacy Policy which shall be separately disclosed.
(3) The Company may postpone or deny the approval of an application for membership submitted by an Applicant or terminate an already approved User Agreement, if: (i) the Company determines that it may be inappropriate for the Company to approve the application due to reasonable suspicions that the application is an attempt to mechanically access the system for the Service, an attempt to fraudulently use an account, involves the provision of false information, or the Applicant is attempting to abuse the Service, etc.; (ii) the Applicant has ever lost the membership pursuant to Article 3 Paragraph (2) to (3) (except where three (3) years have passed since such person lost his/her membership and his/her readmission as a Member is approved by the Company); or (iii) given the Company’s level of technology, the Company determines that registering the Applicant as a Member could lead to significant difficulty.
(4) The Company shall not provide the Services to children (under the age of 14 in the case of Korean nationals and under the age of 16 in the case of foreign nationals)
Article 3 (Membership Withdrawal and Disqualification)
(1) A Member may request for his/her withdrawal from the Services at any time, and in such cases, the Company shall immediately process the requested membership withdrawal. However, if as of the date of withdrawal, there is any pending purchase of a product by the Member, the Company shall have his/her membership terminated after completion of the purchase.
(2) In any of the following cases, the Company may restrict a Member’s use of certain Services or suspend his/her membership for a certain period.
If the Member makes any misrepresentations when applying for membership;
If the Member interferes with another person’s use of the Services, steals another person’s information, or otherwise jeopardizes the order of e-commerce;
If, while using the Services, the Member is engaged in any act that is prohibited by laws and regulations or contrary to public morals; or
If the Member otherwise interferes with the Company’s normal business activities and the operation of the Services.
(3) If, after the Company has restricted or suspended a Member’s use of the Services, the cause of such restriction or suspension is repeated two or more times or is not remedied within thirty (30) days, the Company may disqualify the Member from using the Services.
(4) When disqualifying a Member, the Company shall cancel his/her membership registration. In such case, the Company shall provide the Member with prior notice, together with an opportunity to vindicate himself/herself for at least thirty (30) days prior to the cancelation of membership registration.