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CHAPTER 1 GENERAL PROVISIONS
Article 1 [Purpose]
These Terms and Conditions (hereinafter, the “Agreement”) aim to set forth the terms of service, general processes, rights, obligations, responsibilities and other necessary considerations between the company and a personal member (hereinafter, the “Personal Member(s)”) in connection with the use of the services (hereinafter, the “Services”) available on the website operated by Grepp Inc. (hereinafter, the “Company”).
Article 2 [Definition]
The following terms shall have the following meaning in this Agreement:
① “Site” shall refer to a virtual place of business set up for transactions of products and services by utilizing information and communications facilities such as user devices (including but not limited to all sorts of wired or wireless devices such as PC, TV, mobile devices, etc.), and it includes the following websites operated by the Company: programmers.co.kr, business.programmers.co.kr, school.programmers.co.kr, hashcode.co.kr.
② “Services” shall refer to all types of services provided on the Site for the Personal Member by the Company with/without charge. The Services includes a service that provides educational contents such as coding questions, coding tests and learning contents; a service that manages personally registered materials and provides corporate information based thereon; and a service that forms a database with materials registered by individuals for educational and job hunting purposes, categorizes such data by each purpose, processes and aggregates them to provide information; and, any other additional services.
③ “Personal Member(s)” shall refer to an individual member who agrees to this Agreement to use the Services or has signed a service use agreement with the Company through any interconnected service such as Facebook.
④ “ID” shall refer to the email address used for the subscription for the purpose of identifying the Personal Member and the Personal Member’s use of Services.
⑤ “Password” shall refer to the combination of letters and numbers selected by the members in order to identify whether the Personal Member is identical to the person who has been granted a user ID as well as to protect the member’s rights and interests.
Article 3 [Publication and Amendment]
① The Company shall post the provisions hereof, business name, business license number, name of the representative, place of office (including address which consumers’ complaints can be addressed to), telephone number, email address, contact information, person in charge of privacy management, etc. on the initial screen of the Site for the Personal Member’s easy comprehension.
② The Company may amend this Agreement within the extent not violating the related laws including the Act on the Regulation of Terms and Conditions, Framework Act on Telecommunications, Telecommunications Business Act, Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.
③ When amending this Agreement, the Company shall make an announcement on an initial screen and an interconnected screen and notify the Personal Member at least seven (7) days prior to the application of the amended terms and conditions; provided, however, that if such amendment materially affects consumers’ rights and obligations, the Company shall make an announcement in the same method in this Article or give a notice to the Personal Member via email or text messages at least thirty (30) days prior to the application of the amendment.
④ The Personal Member has rights to refuse the amendment. The Personal Member may express his/her intent of refusal within fifteen (15) days from the notice of amended terms and conditions. In the event where the Personal Member refuses the amendment, the Company which is a provider of the Services may give a prior notice to the Personal Member by setting fifteen (15) days of period and terminate the agreement with the related Personal Member. If the Personal Member does not express his/her intent of refusal within fifteen (15) days and continues to use the Services, such Personal Member shall be deemed to have agreed to the amendment.
Article 4 [Rules Other than This Agreement]
① Any other matters not stipulated herein shall be governed by the Act on the Regulation of Terms and Conditions, Framework Act on Telecommunications, Telecommunications Business Act, Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.
② If there is separate terms and conditions for each site and service, the terms and conditions for each site and service shall take precedence over this Agreement.
③ If the Personal Member uses the Services by entering a separate agreement with the Company, such separate agreement shall take precedence over this Agreement.
CHAPTER 2 SUBSCRIPTION
Article 5 [Conclusion of Use Agreement]
① The Company’s service use agreement (hereinafter, the “Use Agreement”) shall be concluded when a person who wishes to use the Services consents to this Agreement as well as provisions of the Privacy Policy and subscribes for the Services (signs up for membership), and the Company gives approval thereto.
② If a person who wishes to use the Services clicks a consent button on the website at the time of signing up, such person shall be deemed to have consented to this Agreement and the Privacy Policy.
③ Approval in the Paragraph 1 shall be made by confirming the applicant’s consent to this Agreement and notifying it via email, and the Use Agreement shall be concluded upon the receipt of such notification of approval to the applicant.
④ Personal information in connection with the resumes disclosed on Programmers’ recruitment service is provided to corporate members having access to such information.
- Information recipient: Corporate member of Programmers
- Purpose of receiving information: Hiring people based on the Personal Member’s intention of seeking a job
- Items to be provided: Information released by the Personal Member on recruitment pool for the purpose of seeking a job
- Period of retention and usage: For retention period of personal data selected by the Personal Member
⑤ In case of any sign-up through a linkage with exterior services such as Facebook, the Use Agreement shall be concluded when the applicant clicks a “Consent” or “Confirm” button on this Agreement, Privacy Policy and the Company’s access to or utilization of the applicant’s account information of such exterior service for the provision of services and the Company gives notification thereof to the applicant through instruction on the web or via email.
Article 6 [Application for Use of Services]
① Any user who wishes to have an access to the Services by joining as the Personal Member shall provide required items to be collected as stipulated in the Privacy Policy as well as in this Agreement.
② All Personal Members shall go through member validation (email validation) process and be authorized to use the Services only when their names, emails (IDs), and passwords are provided. Paid Services may be provided only when the user has provided any required information for the payment.
③ Any applicant who is under 16 years of age shall not be authorized to use the Services, and the Company may demand additional information such as date of birth in order to confirm whether any Personal Member using the recruitment service is under 16 years of age.
④ If the Personal Member entered false information on his/her resume, such member may be subject to any disadvantages such as suspension of use, forced withdrawal, and/or damages claim.
⑤ The Company may delete any and all IDs of any Personal Member who has subscribed by stealing names of others and may demand punishment in accordance with the related laws and regulations
Article 7 [Approval and Restriction on Subscription]
① The Company shall, in principle, give approval for applicants as defined in the preceding paragraph on their use of service according to the order of application except in any case where there is any hindrance in business performance or technical matters.
② The Company shall not approve the application if it falls under any of the following cases:
When the applicant has not used his/her real name or used any information of others;
When the applicant has entered false information on the application form of the Use Agreement;
When any requirement as prescribed by the Company has not been completely met;
When the applicant uses duplicate IDs; or
For any other reasons attributable to the applicant including a breach of general matters.
③ The Company may hold off giving approval on the application in any of the following cases until the reasons of holding off are removed; provided, however, that in such a case, the reasons therefor shall be notified.
When the Company cannot afford the facilities;
When the Company has technical difficulties; or
When the Company deems it necessary in its reasonable judgment.
Article 8 [Modification of Membership Information and Setting on Resume Exposure]
① The Personal Member may at any time access and modify his/her own personal data on the setting page of the Site.
② The Personal Member may have full discretion to release or close his/her resume information.
③ Any information released by the Personal Member may be viewed by the Corporate Member having access to resumes; provided, however, that if each item of contact information has been designated to be private, such item shall not be disclosed.
④ The Company may expose a resume registered by the Personal Member to the extent before such member’s dormant state, and may manage the resume that has passed a specific period set by the Company until the Personal Member withdraws his/her membership.
⑤ The Company shall not bear any responsibility for any disadvantage suffered by the Personal Member due to failures of the Personal Member to modify his/her membership information.
⑥ The Company may have access to the Personal Member’s resume information only for testing, monitoring and dealing with users’ inquiries in order to provide stable Services.
⑦ Upon the Personal Member’s withdrawal, the Company shall not be authorized to use the Personal Member’s information.
Article 9 [Termination of Use Agreement]
① If the Personal Member wishes to terminate his/her membership, the Personal Member shall apply for withdrawal in accordance with the procedures set by the Company.
② If the Personal Member terminates the agreement, his/her all data shall be extinguished immediately upon the termination except for any membership information that the Company retains in compliance with related laws and the Privacy Policy.
③ After the Personal Member’s account has been deleted, the existing information cannot be restored.
④ In case where the Personal Member engages in any of the following events, the Company may terminate membership, suspend the Services and delete resumes and posts without obtaining prior consent from the Personal Member.
If the Personal Member has not fully performed his/her obligations hereunder;
If any information registered by the Personal Member is inconsistent with the facts or has been fabricated;
If the Personal Member has not paid regulated service fees;
If the Personal Member repeatedly makes and cancels payment for the services fees maliciously;
If the Personal Member publishes any post that violates rights such as copyrights of the Company or a third party;
If the Personal Member publishes any post inconsistent with the bulletin’s nature;
If the Personal Member causes damages to others such as by slandering a third party or by causing damages in reputation by means of mudslinging;
If the Personal Member posts any contents violating public order and morals;
If the Personal Member has defamed the reputation of the Services or signed up for membership with purposes the Company deems inappropriate; or
In any other cases when the related laws and regulations are violated or the operator deems it necessary for the smooth operation of the Site.
⑤ In the event that normal Services are not provided to the Personal Member during his/her use of paid Services at the Company’s responsibility, the Personal Member may request termination of the Services, and the Company shall give a refund after deducting the service fees by calculating the number of days to the date of termination with a daily base amount.
⑥ If the Personal Member terminates the membership without any request of refund, the amount for the Service shall be automatically extinguished and will not be restored.
⑦ Notwithstanding the Paragraph 4, the Company may permanently suspend the member’s use of service immediately upon any violation against related laws such as the act of name and payment theft in breach of the Resident Registration Act; provision of illegal programs and interruption of business operation in breach of the Copyright Act and the Computer Programs Protection Act; and illegal communications and hacking, distribution of malicious programs, any act exceeding one’s access, etc. in breach of the Act on Information and Communications Network. Notwithstanding the Paragraph 4, the Company may permanently suspend the member’s use of service immediately upon any violation against related laws such as the act of name and payment theft in breach of the Resident Registration Act; provision of illegal programs and interruption of business operation in breach of the Copyright Act and the Computer Programs Protection Act; and illegal communications and hacking, distribution of malicious programs, any act exceeding one’s access, etc. in breach of the Act on Information and Communications Network.
Article 10 [Dormant ID]
① If the Personal Member does not log into the website for a certain period for the retention of personal information as selected by the Personal Member, such member’s ID will become dormant and subject to suspension of any and all services including the membership log-in, and the Company shall manage the personal information of the dormant ID separately with other IDs.
② The Company shall instruct on service suspension via email thirty (30) days prior to the service suspension pursuant to Paragraph 1. In case of suspension, the Company shall give notification thereon via email again.
③ After the aforementioned suspension of the Services, the Personal Member will be authorized to use the service again normally, immediately upon the request of cancelling dormant status after validating his/her membership on the website.
CHAPTER 3 USE OF SERVICES
Article 11 [Contents of Services]
① The Company may provide the Services in Article 2(2) of this Agreement, and the contents thereof shall be as follows:
Registration of recruitment information;
Online recruitment management;
General services in relation to employment/recruitment;
Resume browsing service;
Any service in relation to interaction and communication among the members (including both the Personal Member and the Corporate Member);
Services in relation to transaction of materials;
Coding test taking service;
Coding test scoring service;
Coordination of coding test and programming related contests;
Communication service in bulletin board; and
Any and all services further developed by the Company or provided to the Personal Member through any partnership agreement
② The Company may add or modify the contents of the Services if necessary; provided, however, that in such a case, the Company may announce or notify to the Personal Member via email any added or modified contents if such added or modified contents affect the rights and obligations of the Personal Member.
Article 12 [Services through Partnership]
① The Company may provide the Services so that its Personal Member’s resume registered on the Site can be viewed through other internet websites or offline media such as newspapers, magazines, job fairs which have entered into a partnership agreement with the Company; provided, however, that in case of the Personal Member, his/her contact information on the resume which will be exposed to public through the partner services shall be in accordance with each paragraph of Article 8.
② The company shall notify the Personal Member that he/she can be registered on other websites and media through a partnership and ensure that the entire list of affiliated websites is available on the Site at all times.
Article 13 [Service Fees]
① Subscription of the Personal Member and resume registration are free of charge. However, separate services for using paid options and other services other than the purpose of membership may be provided for the Personal Member or any member who visits the Site to expose their own resumes in more efficient way.
② When providing the paid Services, the Company shall announce the fees on the Site; provided, however, that it shall not apply to a separate agreement between the Company and the Personal Member.
③ In case of any modification to the fees of paid services, the Company shall announce on the initial screen of the website or notify such modification via email at least seven (7) days (thirty (30) days in case when price change may work against consumers) prior to the date of application of such modified price; provided, however, that any amount applied or agreed before the modification shall not be applied retroactively.
④ In the event of any overpaid amount due to reasons attributable to the Company, the Company shall refund the entire overpaid amount regardless of contract costs, commissions, etc.; provided, however, that in the event of the overpaid amount due to reasons attributable to the Personal Member, the Company may give a refund after deducting within a reasonable extent any expenses incurred in returning such overpaid amount.
Article 14 [Withdrawal of Agreement and Refund]
① The Personal Member may withdraw his/her agreement within seven (7) days of the date of payment if he/she has not used the Services.
② If the Personal Member has ever accessed to or used any information provided within the paid Services, withdrawal of agreement may be restricted.
③ The Personal Member may get a refund only for the unused portion of the paid Services.
1. For educational contents, details below shall apply.
Classification | Date of occurrence of reasons for a refund | Refundable amount | |
---|---|---|---|
Class suspension from educational institute, Self-closing, cancellation of registration |
Date when a class cannot be held or a place of class cannot be provided | Amount including fees already paid for classes calculated on a pro rata daily basis | |
In case a member gives up taking a class at his/her will | 1 month within a class | After the lapse of 1 month of class | Full amount including pre-paid tuition |
Before the lapse of 1/3 of total class hours | Amount equivalent to 2/3 of pre-paid tuition | ||
Before the lapse of 1/2 of total class hours | Amount equivalent to 2/3 of pre-paid tuition | ||
After the lapse of 1/2 of total class hours | No refund | ||
After the lapse of 1 month of class | Before class starts | Full amount including pre-paid tuition | |
After class starts | Amount totaling full amount of Refundable tuition, etc. for a month when any reason for a refund has occurred (referring to amount calculated based on the standard in case where duration of a class is within 1 month) and tuition for the remaining months, etc. | ||
Remarks | 1. Total class hours shall refer to total class hours for the duration of such class, and the refundable amount is calculated based on the class hours that have elapsed until the date of occurrence of reasons for a refund. | ||
2. In case of a refund for remote classes, the amount equivalent to the portion of lessons actually taken (referring to lessons taken online or stored on a learning device) shall be deducted. |
2. Recruitment services shall be governed by the provisions of a separate regulation.
④ The Company shall indicate that withdrawal of subscription is restricted before the payment for any paid content subject to restriction of the withdrawal. If such indication has not been made, the Personal Member may withdraw the subscription despite any reason restricting the withdrawal; provided, however, that the withdrawal of subscription shall be limited in each of the following cases:
Contents provided from the Company or a third party free of charge such as presents or promotional events;
In case where any contents with additional benefits or any bundle of sales contents cannot be recollected because additional benefits thereof have already used or such contents have been partially used.
When the act of opening can be deemed as a use of content or when the member has opened any content of which utility is determined in time of opening.
⑤ In the case that the Personal Member withdraws his/her subscription in accordance with the regulation, the Company shall immediately recollect or delete the member’s paid contents and give a refund within three (3) business days.
⑥ If the Personal Member has paid by a credit card or any payment method prescribed by the Enforcement Decree of the Act on the Consumer Protection In Electronic Commerce, etc., the Company shall, without delay, ask the service provider for such payment method to cease or cancel the billing; provided, however, that if the Company has already received the payment from the payment agent, the Company shall return it to the payment agent and notify the consumer of such fact.
Article 15 [Available Time for Services]
① The Company shall provide the Services 24 hours a day all year round unless there is an extraordinary circumstance; provided, however, that the Company may separately determine available time for part of the provided Services by their type and nature, in which case the Company shall announce or notify the Personal Member of the available service time.
② The Company may temporarily suspend the provision of the Services during the occurrence of system operations, maintenance work for fixing any failure, regular PM works, system replacement works, or in occurrence of defects in lines. For planned works, the Company shall inform duration of suspension and details of the works on the notice section. However, the Company may give ex post facto notification in case there is any unavoidable circumstance to do so.
Article 16 [Suspension of Services]
① The Company may hold off providing the Services in any of the following cases:
When the Personal Member has been notified in advance out of the Company’s necessity such as in case of facility maintenance;
When a key telecommunications business operator has ceased to provide electronic telecommunications service; or
When the provision of the Services is impossible to be carried out due to other unavoidable causes
② In case of the preceding paragraph, the Company shall compensate for any damage or loss incurred by users of the paid Services with a specific set period such as by extending the period of such Services.
Article 17 [Provision of Information and Publication of Advertisement]
① The Company may post any information or advertisement in relation to its Services on the service screen or homepage, etc. or send it out via email, and the Personal Member may refuse to receive such email which contains such advertisement.
② For any kind of information as deemed by the Company to be necessary for the Personal Member in his/her use of the Services or to be important for the purpose of improving the Services and introducing the Services to the members, etc., the Company may provide such information to the Personal Member who has refused to receive information via email or letter.
③ The Company shall not be liable for any and all losses and damages that result from the Personal Member’s participation in, or contact or transaction with an advertiser’s promotional activities which are posted online on the service screen or carried out through the Services.
④ The Personal Member of the Services is deemed to consent to the postings of advertisements to be exposed during the use of the Services.
Article 18 [Responsibility for the Contents of Materials and the Company’s Authority to Modify Information]
① Details of Materials refer to personal information and resumes registered by the Personal Member and the posts uploaded on the Site.
② The Personal Member shall faithfully write contents of materials and posts based on the facts, and any liability arising in connection with false or inaccurate facts of the materials shall be borne by the Personal Member.
③ Contents of materials shall be in principle managed and prepared by the Personal Member him/herself. In case of consignment or agent services for management, responsibilities in connection with the contents of the materials shall be borne by the Personal Member, and the Personal Member shall exert his/her full effort to confirm his/her own materials on a daily basis and make sure they are accurately managed at all times.
④ If there is any typo or a missing word, or phrase that is against social conventions in materials registered by the Personal Member, the Company may at any time correct these.
⑤ If a request for deletion of any data registered by the Personal Member has been submitted by others (or other corporates) for false information and/or defamation, etc., the Company may delete such data without prior notice to the Personal Member and give a notice to the Personal Member after the deletion through email, etc.
Article 19 [Utilization and Handling of Materials]
① Information entered by the Personal Member may be utilized as materials, in whole or in part, if such information falls under each of the following cases, and the materials may be distributed to the press through media.
In the case when specifically stipulated in laws such as Act on Real Name Financial Transactions and Confidentiality, Credit Information Use and Protection Act, Framework Act on Telecommunications, Telecommunications Business Act, Local Tax Act, Consumer Protection Act, Bank of Korea Act, Criminal Procedure Act, etc.
In the case when the information is in the form from which a specific individual cannot be identified for statistics, academic research or market research, and study on the trends of related fields.
② Copyright and other intellectual property rights on the posts and copyrighted works created by the Company shall be vested in the Company.
③ Post uploaded by the Personal Member on the Site such as questions for coding tests shall be vested in the Personal Member, and the rights and responsibilities on such posts shall belong to the Personal Member as well.
④ Any information on the Personal Members’ resume viewed on the Site by the Personal Member through valid procedures is the HR data of the related company, management for which shall be in accordance with the related Personal Member’s policy.
Article 20 [Obligations of the Company]
① The Company shall exert its fullest effort to provide continuous and stable Services as determined by this Agreement.
② The Company shall make an effort to settle any complaint from the members in connection with the Services without delay. If it is hard to make an immediate settlement, the Company shall notify the Personal Member of the reasons thereof and settlement schedules through service screen or other methods.
③ The Company shall preserve payment details related to the paid services not less than five (5) years.
④ In case of any unexpected events such as natural disaster, or service suspension due to failures in system, the Company shall not be liable for any damages or loss in connection with this; provided, however, that the Company is obliged to fully put an effort to restore the data or to provide normal support for the Services.
⑤ In the event of providing a third party with any materials of the Personal Member or causing the third party to view such materials with the purpose other than the Services hereof, the Company shall obtain a consent from the Personal Member.
Article 21 [Obligations of the Member]
① The Personal Member shall comply with related laws and regulations, provisions hereof, and any other matters notified by the Company, nor shall conduct any act disturbing the Company’s business affairs.
② Any paid services subscribed by the Personal Member will incur claim-obligation relationship upon the registration or subscription, and the Personal Member shall make payment for such service within the set period
③ The Personal Member shall manage his/her ID and Password and prevent any loss of information such as password of the credit card that is used for the service payment; provided, however, that responsibility for the loss of information due to any defect in the Site shall not fall under the obligations of the Personal Member.
④ The Personal Member shall not be authorized to use any information obtained from using the Services in the methods of duplication, reproduction, translation, publication, broadcasting, etc. nor be authorized to provide such information to others without prior consent of the Company.
⑤ The Personal Member shall not use the Services with the purposes other than recruitment and/or employment, nor conduct any of the following activities during his/her use of the Services:
To transfer, give, lend or allow to use the Personal Member’s ID to other persons or other companies;
To unfairly use other members’ IDs such as by stealing and impersonating;
To have purposes of criminal acts or otherwise be related to other unlawful behaviors;
To damage or insult the reputation of the Company or others;
To infringe any rights of the Company or others such as intellectual property rights (Particularly, to spread coding tests acquired during the use of the Services and other members’ information);
To hack into the system or spread viruses;
To continuously send out specific contents such as any promotional information against the intent of others;
Any act that disturbs or may be deemed to disrupt stable operation of the Services;
Profit making activities utilizing information and Services of the Site; and
Any activities that do harm to public morality, social order, etc. or in breach of related laws and regulations.
CHAPTER 4 COMPENSATION FOR DAMAGES AND OTHERS
Article 22 [Compensation for Damages]
① In the case where the Company has damaged the Personal Member due to its breach of regulations set forth in the Article 11 and 19 hereof, or the users get damaged by any reason attributable to the Company related to any and all Services provided by the Company, the Company shall compensate for any damages therefrom.
② In the case where the Personal Member breaches any provision hereof or does harm to a third party due to reasons attributable to the Personal Member, the Personal Member shall compensate for such damages.
③ The Company shall not bear any responsibility for the Personal Member’s failure to obtain expected profits or losses thereof, nor shall not be liable for any damages in connection with the Personal Member’s use of free services as long as the Company has not breached any provisions stipulated in the Company’s Privacy Policy.
④ In the event of failures in service provision due to natural disaster or its equivalent force majeure events, the Company shall be relieved from its responsibilities in connection with the provision of the Services.
⑤ Among the losses or damages that have occurred to the Personal Member in connection with the use of Services, the Company shall not be liable for any failure in the use of services and loss therefrom due to the Personal Member’s intention, negligence and any other reasons attributable to the Personal Member him/herself.
⑥ As for credibility and accuracy of the information, materials and fact posted by the members (including both personal members and corporate members) in connection with the Services, the Company shall not be liable for damages incurred by the Personal Member unless there is any intention or negligence of the Company.
⑦ In the event of damages incurred by the Personal Member due to reasons attributable to other members (including both personal members and corporate members) and a third party, the Company shall have no responsibility to compensate for such damages.
Article 23 [Adjustment of Errors in Service Fees]
In the event of any error in the Company’s service fees, the Company shall make the following actions upon the request of the Personal Member or through a prior notice of the Company.
① The Company shall give a refund for any amount paid in excess for the service fees, and deduct the equivalent amount from the next month’s bill if a user has consented thereto.
② If the Personal Member who is subject to a refund of service fees has any amount in arrears, the Company shall give a refund after deducting such fees in arrears from the amount to be refunded.
③ The Company shall include any undercharged amount in the following month’s bill.
Article 24 [Protection of the Member’s Personal Information]
The Company shall exert its effort to protect the users’ personal information. For protection of the users’ personal information, the Company shall comply with the Act on Promotion of Utilization of Information and Communications Network and give a notice of its Privacy Policy on the website.
Article 25 [Warning against Brokerage of Prostitution, etc.]
Any post in breach of Article 4 of the Act on the Punishment of Arrangement of Commercial Sex Acts, etc. may be subject to punishment pursuant to Article 19 of the same act, and the Company may delete such post without prior notice to the user and terminate the Use Agreement.
Article 26 [Dispute Resolution]
① The Company and the Personal Member shall fully exert necessary efforts to settle any dispute arising out of or in connection with the Services in an amicable manner.
② Notwithstanding the endeavors in the preceding paragraph, for litigation in connection with any e-commerce related disputes between the Company and the Personal Member, the court having jurisdiction of the location of the Company’s head office shall be the competent court having exclusive jurisdiction.
Date of publication: January 8, 2019
Effective date: Febuary 8, 2019
CHAPTER 1 GENERAL PROVISIONS
Article 1 [Purpose]
These Terms and Conditions (hereinafter, the “Agreement”) aim to set forth the terms of service, general processes, rights, obligations, responsibilities and other necessary considerations between the company and a corporate member (hereinafter, the “Corporate Member(s)”) in connection with the use of the services (hereinafter, the “Services”) available on the website operated by Grepp Inc. (hereinafter, the “Company”).
Article 2 [Definition]
The following terms shall have the following meaning in this Agreement:
① “Site” shall refer to a virtual place of business set up for transactions of products and services by utilizing information and communications facilities such as user devices (including but not limited to all sorts of wired or wireless devices such as PC, TV, mobile devices, etc.), and it includes the following websites operated by the Company: programmers.co.kr, business.programmers.co.kr, school.programmers.co.kr, hashcode.co.kr.
② “Services” shall refer to all types of services provided on the “Site” for the Corporate Member by the Company with/without charge. The Services includes a service that provides educational contents such as coding questions, coding tests and learning contents; a service that manages personally registered materials and provides corporate information based thereon; and a service that forms a database with materials registered by individuals for educational and job hunting purposes, categorizes such data by each purpose, processes and aggregates them to provide information; and any other additional services.
③ “Corporate Member(s)” shall refer to a company or entity in hopes of recruitment for the purpose of the company’s direct employment that has consented to this Agreement in order to use the Services; entered into a service use agreement with the Company; and has been granted ID from the Company.
④ “ID” shall refer to the email address used for the subscription for the purpose of identifying the Corporate Member and the Corporate Member’s use of Services
⑤ “Password” shall refer to the combination of letters and numbers selected by the members in order to identify whether the Personal Member is identical to the person who has been granted a user ID as well as to protect the member’s rights and interests.
Article 3 [Publication and Amendment]
① The Company shall post the provisions hereof, business name, business license number, name of the representative, place of office (including address which consumers’ complaints can be addressed to), telephone number, email address, contact information, person in charge of privacy management, etc. on the initial screen of the Site for the Corporate Member’s easy comprehension; provided, however, that the provisions hereof may be caused to be viewed by the Corporate Member through the interconnected screen.
② The Company may amend this Agreement within the extent not violating the related laws including the Act on the Regulation of Terms and Conditions, Framework Act on Telecommunications, Telecommunications Business Act, Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.
③ When amending this Agreement, the Company shall make an announcement on an initial screen and an interconnected screen and notify the Corporate Member at least seven (7) days prior to the application of the amended terms and conditions; provided, however, that if such amendment materially affects consumers’ rights and obligations, the Company shall make an announcement in the same method in this Article or give a notice to the Corporate Member via email or text messages at least thirty (30) days prior to the application of the amendment.
④ The Personal Member has rights to refuse the amendment. The Corporate Member may express his/her intent of refusal within fifteen (15) days from the notice of amended terms and conditions. In the event where the Corporate Member refuses the amendment, the Company which is a provider of the Services may give a prior notice to the Corporate Member by setting fifteen (15) days of period and terminate the agreement with the related Corporate Member. If the Corporate Member does not express his/her intent of refusal within fifteen (15) days and continues to use the Services, such Corporate Member shall be deemed to have agreed to the amendment.
Article 4 [Rules Other than This Agreement]
① Any matters not stipulated herein shall be governed by the Act on the Regulation of Terms and Conditions, Framework Act on Telecommunications, Telecommunications Business Act, Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.
② If there is separate terms and conditions for each site and service, the terms and conditions for each site and service shall take precedence over this Agreement.
③ If the Corporate Member uses the Services by entering a separate agreement with the Company, such separate agreement shall take precedence over this Agreement.
CHAPTER 2 SUBSCRIPTION
Article 5 [Conclusion of Use Agreement]
① The Company’s service use agreement (hereinafter, the “Use Agreement”) shall be concluded when a person who wishes to use the Services consents to this Agreement as well as provisions of the Privacy Policy and subscribes for the Services (signs up for membership), and the Company gives approval thereto.
② If a person who wishes to use the Services clicks a consent button on the website at the time of signing up, such person shall be deemed to have consented to this Agreement and the Privacy Policy.
③ Approval in the Paragraph 1 shall be made by confirming the applicant’s consent to this Agreement and notifying it via email, and the Use Agreement shall be concluded upon the receipt of such notification of approval to the applicant.
Article 6 [Application for Use of Services]
① A user who wishes to have an access to the Services by joining as the Corporate Member shall provide required items to be collected as stipulated in the Privacy Policy as well as in this Agreement.
② All Corporate Members shall go through member validation (email validation) process and be authorized to use the Services only when their company names and business license number are provided. If the Corporate Member has not validated its membership, or registered with false company name and business license, or registered with closed/shut down business license number, the Corporate Member shall not be authorized to claim any and all rights.
③ The Company approves the subscription for membership when the Corporate Member is confirmed to be one of the executives or employees of the company entered in an online application form, and may request additional information to confirm whether the applicant is an executive or employee of such company.
④ The Company may delete all IDs of Corporate Member who has applied for membership by stealing names of others and may request punishment in accordance with the related laws and regulations.
⑤ Any institution or entity without business license number may apply for membership in compliance with separate procedures determined by the Company.
Article 7 [Approval and Restriction on Subscription]
① The Company shall, in principle, give approval for applicants as defined in the preceding paragraph on their use of service according to the order of application except in any case where there is any hindrance in business performance or technical matters.
② The Company shall not approve the application if it falls under any of the following cases:
When the applicant has not used his/her real name or used any information of other companies;
When the applicant has not used his/her real name or used any information of others;
When any requirement as prescribed by the Company has not been completely met;
When the applicant uses duplicate IDs; or
For any other reasons attributable to the applicant including a breach of general matters.
③ The Company may request the Corporate Member to send a business license certificate in order to determine any possibility of falsified company name and/or business license number. If not responded by the Corporate Member, the Company may delete the Corporate Member’s ID on its own discretion.
④ The Company may hold off giving approval on the application in any of the following cases until the reasons of holding off are removed; provided, however, that in such a case, the reasons therefor shall be notified.
When the Company cannot afford the facilities;
When the Company has technical difficulties; or
When the Company deems it necessary in its reasonable judgment
Article 8 [Modification of Membership Information]
① The Corporate Member may at any time access and modify his/her own personal data on the setting page of the Site.
② The Company shall not bear any responsibility for any disadvantage suffered by the Corporate Member due to failures of the Corporate Member to modify his/her membership information.
③ Upon the Corporate Member’s withdrawal, the Company shall not be authorized to use the Corporate Member’s information.
Article 9 [Termination of Use Agreement]
① If the Corporate Member wishes to terminate his/her membership, the Corporate Member shall apply for withdrawal in accordance with the procedures set by the Company.
② If the Corporate Member terminates the agreement, his/her all data shall be extinguished immediately upon the termination except for any membership information that the Company retains in compliance with related laws and the Privacy Policy.
③ After the Corporate Member’s account has been deleted, the existing information cannot be restored.
④ In case where the Corporate Member engages in any of the following events, the Company may terminate the membership, suspend the Services and delete posts without obtaining prior consent from the Corporate Member.
If the Corporate Member has not fully performed his/her obligations hereunder;
If any information registered by the Corporate Member is inconsistent with the facts or has been fabricated;
If the Corporate Member has registered false information by stealing the business license number or names of other companies, or registered with closed/shut down company’s business license number;
If a same company has made duplicate subscription for no specific reason;
If the Corporate Member engages in activities which violate false job offer advertisement in Article 34 of Employment Security Act and Article 34 of the Enforcement Decree of the same act;
If the Corporate Member has registered job opening announcement with the purpose of HR brokerage such as head hunting, outsourcing (subcontract), HR dispatch, employment agency services that have no purpose of the company’s direct employment;
If the Corporate Member has posted any false job opening announcement, significant part of which is inconsistent with the facts;
If the Corporate Member has not paid regulated service fees;
If the Corporate Member repeatedly makes and cancels payment for the services fees maliciously;
If there is any fact of delayed payment of wages or a petition has been filed in Financial Supervisory Service;
If the Corporate Member publishes any post that violates rights such as copyrights of the Company or a third party;
If the Corporate Member publishes any post inconsistent with the bulletin’s nature;
If the Corporate Member causes damages to others such as by slandering a third party or by causing damages in reputation by means of mudslinging;
If the Corporate Member posts any contents violating public order and morals;
If the Corporate Member has defamed the reputation of the Services or signed up for membership with purposes the Company deems inappropriate; or
In any other cases when the related laws and regulations are violated or the operator deems it necessary for the smooth operation of the Site.
⑤ In the event that normal Services are not provided to the Corporate Member during his/her use of paid Services at the Company’s responsibility, the Corporate Member may request termination of the Services, and the Company shall give a refund after deducting the service fees by calculating the number of days to the date of termination with a daily base amount.
⑥ The Company shall inform the Corporate Member through a pop-up window that the ‘refund has to be made before the withdrawal if the Corporate Member who wishes to withdraw wants to get a refund’. If the Corporate Member terminates the membership without any request of refund, the amount for the Service shall be automatically extinguished and will not be restored.
⑦ Individual business operator or a corporate business operator who is the Corporate Member shall first notify the Company of its closure/shut down and request the extension of paid services in the event of temporary closure. If the Corporate Member is confirmed to have closed its business without any notice to the Company, the history of its payment for paid services and access to the paid services shall be all extinguished, and the Company will not be liable for any financial loss resulting from this.
⑧ Notwithstanding the Paragraph 4, the Company may permanently suspend the member’s use of service immediately upon any violation against related laws such as the act of name and payment theft in breach of the Resident Registration Act; provision of illegal programs and interruption of business operation in breach of the Copyright Act and the Computer Programs Protection Act; and illegal communications and hacking, distribution of malicious programs, any act exceeding one’s access, etc. in breach of the Act on Information and Communications Network.
CHAPTER 3 USE OF SERVICES
**Article 10 [Contents of Services]
① The Company may provide the Services in Article 2(2) of this Agreement, and the contents thereof shall be as follows:
Registration of recruitment information;
Online recruitment management;
General services in relation to employment/recruitment;
Resume browsing service;
Any service in relation to interaction and communication among the members (including both the Personal Member and the Corporate Member);
Services in relation to transaction of materials;
Coding test taking service;
Coding test scoring service;
Coordination of coding test and programing related contests;
Communication service in bulletin board; and
Any and all services further developed by the Company or provided to the Corporate Member through any partnership agreement
② The Company may add or modify the contents of the Services if necessary; provided, however, that in such a case, the Company may announce or notify to the Corporate Member via email any added or modified contents if such added or modified contents affect the rights and obligations of the Corporate Member.
Article 11 [Company Information, Registration of Job Opening, Search of Resumes]
① The Corporate Member shall enter accurate company information to help with the Personal Member’s understanding who is seeking for a job after he/she views the company’s job opening.
② The Corporate Member shall create and post job openings not violating the scope of false job offer advertisement in Article 34 of Employment Security Act and Article 34 of the Enforcement Decree of the same act, and the scope of false job offer announcement is as follows:
Announcement where sales of goods, class recruitment, job introduction, sideline brokerage, fundraising, etc. are being carried out in disguise of recruitment.
Announcement not indicating the identification (business name or real name) of the recruiter with the purpose of false job offer.
Announcement which is significantly different from the one that contains different type of occupation, form of employment, conditions of employment, etc. offered by the recruiter.
Announcement of which important details are inconsistent with the facts.
③ The Corporate Member shall not discriminate specific gender or age in recruiting and hiring its employees in accordance with the Equal Employment Opportunity and Work-Family Balance Assistance Act and the Act on Prohibition of Age Discrimination in Employment and Elderly Employment Promotion.
④ Responsibility against the breach of Paragraphs 2 and 3 shall be entirely borne by the Corporate Member.
⑤ The Company may expose company information and job opening announcement registered by the Corporate Member by means of a method determined by the Company, and the job opening announcement which has passed the specific period set by the Company shall be closed at the Company’s discretion.
⑥ Corporate Member may search resumes registered by the Personal Member for free or with charge, and may contact the Personal Member through a separate communication methods suggested by the Company; provided, however, that the purpose of viewing the contact information in the resume and of contacting the Personal Member shall be limited to the activities of recruitment. In the event of corporate business, marketing, and provision to a third party, the Corporate Member may take legal responsibility in accordance with the Personal Information Protection Act, Employment Security Act and Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.
⑦ The Company may restrict the Corporate Member’s authority to search resumes and contact the Personal Member. In the case where the Corporate Member has contacted the Personal Member by using an inappropriate method or caused any damage to the Personal Member, the Company may modify and/or delete the job opening announcement and membership information at the Company’s discretion.
⑧ If the Corporate Member has registered hiring announcement with the purpose of HR brokerage such as head hunting, outsourcing (subcontract), HR dispatch, employment agency services that have no purpose of the company’s direct employment pursuant to Article 2(3) hereof, the Company may delete the posting.
Article 12 [Services through Partnership]
① The Company may provide the Services so that its Corporate Member’s company information and job opening announcement on the Site can be viewed through other internet websites or offline media such as newspapers, magazines, job fairs which have entered into a partnership agreement with the Company
② The company shall notify the Corporate Member that he/she can be registered on other websites and media through a partnership and ensure that the entire list of affiliated websites is available on the Site at all times.
Article 13 [Service Fees]
① Subscription of the Corporate Member and the registration of job opening announcement are free of charge. However, separate services for using paid options and other services other than the purpose of membership may be provided for the Corporate Member or any member who visits the Site to expose their information in more efficient way.
② When providing the paid Services, the Company shall announce the fees on the Site; provided, however, that it shall not apply to a separate agreement between the Company and the Corporate Member.
③ The Company may change the fees for paid services according to the types and duration of the services without prior notice; provided, however, that any amount applied or agreed before the modification shall not be applied retroactively
④ In the event of any overpaid amount due to reasons attributable to the Company, the Company shall refund the entire overpaid amount regardless of contract costs, commissions, etc.; provided, however, that in the event of the overpaid amount due to reasons attributable to the Corporate Member, the Company may give a refund after deducting within a reasonable extent any expenses incurred in returning such overpaid amount.
Article 14 [Withdrawal of Agreement and Refund]
① The Corporate Member may withdraw his/her agreement within seven (7) days of the date of payment if he/she has not used the Services.
② If the Corporate Member has ever accessed to or used any information provided within the paid Services, withdrawal of agreement may be restricted.
③ The Corporate Member may get a refund only for the unused portion of the paid Services.
In case of Programmers Business fees plans ticket, the amount is calculated by dividing the number or remaining tickets by the number of total purchased tickets and multiplying such value by total amount of payment.
Number of remaining tickets / Number of total purchased tickets * Total amount of payment = Refundable amountIn case of lecturing contents, the details below shall apply.
- 2/3 of tuition fees are refunded in case of 1 month within the payment, before the lapse of 1/3 of total class hours.
- 1/2 of tuition fees are refunded in case of 1 month within the payment, before the lapse of 1/2 of total class hours.
- No refund in case of 1 month within the payment, after the lapse of 1/2 of total class hours.
- No refund in case of more than 1 months from the payment
Recruitment services shall be governed by provisions of a separate agreement.
④ The Company shall indicate that withdrawal of subscription is restricted before the payment for any paid content subject to restriction of the withdrawal. If such indication has not been made, the Corporate Member may withdraw the subscription despite any reason restricting the withdrawal; provided, however, that the withdrawal of subscription shall be limited in each of the following cases:
Contents provided from the Company or a third party free of charge such as presents or promotional events;
In case where any contents with additional benefits or any bundle of sales contents cannot be recollected because additional benefits thereof have already used or such contents have been partially used; or
When the act of opening can be deemed as a use of content or when the member has opened any content of which utility is determined in time of opening.
⑤ In the case that the Corporate Member withdraws his/her subscription in accordance with the regulation, the Company shall immediately recollect or delete the member’s paid contents and give a refund within three (3) business days.
⑥ If the Corporate Member has paid by a credit card or any payment method prescribed by the Enforcement Decree of the Act on the Consumer Protection In Electronic Commerce, etc., the Company shall, without delay, ask the service provider for such payment method to cease or cancel the billing; provided, however, that if the Company has already received the payment from the payment agent, the Company shall return it to the payment agent and notify the consumer of such fact.
Article 15 [Available Time for Services]
① The Company shall provide the Services 24 hours a day all year round unless there is an extraordinary circumstance; provided, however, that the Company may separately determine available time for part of the provided Services by their type and nature, in which case the Company shall announce or notify the Personal Member of the available service time.
② The Company may temporarily suspend the provision of the Services during the occurrence of system operations, maintenance work for fixing any failure, regular PM works, system replacement works, or in occurrence of defects in lines. For planned works, the Company shall inform duration of suspension and details of the works on the notice section. However, the Company may give ex post facto notification in case there is any unavoidable circumstance to do so.
Article 16 [Suspension of Services]
① The Company may hold off providing the Services in any of the following cases:
When the Corporate Member has been notified in advance out of the Company’s necessity such as in case of facility maintenance;
When a key telecommunications business operator has ceased to provide electronic telecommunications service; or
When the provision of the Services is impossible to be carried out due to other unavoidable causes
② In case of the preceding paragraph, the Company shall compensate for any damage or loss incurred by users of the paid Services with a specific set period such as by extending the period of such Services.
③ In the case where temporary closure or shut down of Individual business operator or a corporate business operator who is the Corporate Member is confirmed according to the separate process determined by the Company, the Corporate Member’s history of payment for paid services and access to the paid services shall be all extinguished, and the Company will not be liable for any financial loss resulting from this.
Article 17 [Provision of Information and Publication of Advertisement]
① The Company may post any information or advertisement in relation to its Services on the service screen or homepage, etc. or send it out via email, and the Corporate Member may refuse to receive such email which contains such advertisement.
② For any kind of information as deemed by the Company to be necessary for the Corporate Member in his/her use of the Services or to be important for the purpose of improving the Services and introducing the Services to the members, etc., the Company may provide such information to the Corporate Member who has refused to receive information via email or letter.
③ The Company shall not be liable for any and all losses and damages that result from the Corporate Member’s participation in, or contact or transaction with an advertiser’s promotional activities which are posted online on the service screen or carried out through the Services.
④ The Personal Member of the Services is deemed to consent to the postings of advertisements to be exposed during the use of the Services.
Article 18 [Responsibility for Contents of Materials and the Company’s Authority to Modify Information]
① Details of Materials refer to personal information and resumes registered by the Corporate Member and the posts uploaded on the Site.
② The Corporate Member shall faithfully write contents of materials and posts based on the facts, and any liability arising in connection with false or inaccurate facts of the materials shall be borne by the Corporate Member.
③ Contents of materials shall be in principle managed and prepared by the Corporate Member him/herself. In case of consignment or agent services for management, responsibilities in connection with the contents of the materials shall be borne by the Corporate Member, and the Corporate Member shall exert his/her full effort to confirm his/her own materials on a daily basis and make sure they are accurately managed at all times.
④ If there is any typo or a missing word, or phrase that is against social conventions in materials registered by the Corporate Member, the Company may at any time correct these.
⑤ If a request for deletion of any data registered by the Corporate Member has been submitted by others (or other corporates) for false information and/or defamation, etc., the Company may delete such data without prior notice to the Corporate Member and give a notice to the Corporate Member after the deletion through email, etc.
Article 19 [Utilization and Handling of Materials]
① Information entered by the Corporate Member may be utilized as materials, in whole or in part, if such information falls under each of the following cases, and the materials may be distributed to the press through media.
In the case when specifically stipulated in laws such as Act on Real Name Financial Transactions and Confidentiality, Credit Information Use and Protection Act, Framework Act on Telecommunications, Telecommunications Business Act, Local Tax Act, Consumer Protection Act, Bank of Korea Act, Criminal Procedure Act, etc.
In the case when the information is in the form from which a specific individual cannot be identified for statistics, academic research or market research, and study on the trends of related fields.
② Copyright and other intellectual property rights on the posts and copyrighted works created by the Company shall be vested in the Company.
③ Post uploaded by the Corporate Member on the Site such as questions for coding tests shall be vested in the Corporate Member, and the rights and responsibilities on such posts shall belong to the Corporate Member as well.
④ Any information on the Personal Members’ resume viewed on the Site by the Corporate Member through valid procedures is the HR data of the related company, management for which shall be in accordance with the related Corporate Member’s policy.
Article 20 [Obligations of the Company]
① The Company shall exert its fullest effort to provide continuous and stable Services as determined by this Agreement.
② The Company shall make an effort to settle any complaint from the members in connection with the Services without delay. If it is hard to make an immediate settlement, the Company shall notify the Corporate Member of the reasons thereof and settlement schedules through service screen or other methods.
③ The Company shall preserve payment details related to the paid services not less than five (5) years.
④ In case of any unexpected events such as natural disaster, or service suspension due to failures in system, the Company shall not be liable for any damages or loss in connection with this; provided, however, that the Company is obliged to fully put an effort to restore the data or to provide normal support for the Services.
⑤ In the event of providing a third party with any materials of the Corporate Member or causing the third party to view such materials with the purpose other than the Services hereof, the Company shall obtain a consent from the Corporate Member.
⑥ Company information and details of job opening announcement registered on the Site by the Corporate Member shall be in principle open to the general people visiting the Site.
Article 21 [Obligations of the Member]
① The Corporate Member shall comply with related laws and regulations, provisions hereof, and any other matters notified by the Company, nor shall conduct any act disturbing the Company’s business affairs.
② Any paid services subscribed by the Corporate Member will incur claim-obligation relationship upon the registration or subscription, and the Corporate Member shall make payment for such service within the set period.
③ The Corporate Member shall manage his/her ID and Password and prevent any loss of information such as password of the credit card that is used for the service payment; provided, however, that responsibility for the loss of information due to any defect in the Site shall not fall under the obligations of the Corporate Member.
④ The Corporate Member shall notify the Company of any falsified use of the Corporate Member’s ID.
⑤ The Corporate Member shall not be authorized to use any information obtained from using the Services in the methods of duplication, reproduction, translation, publication, broadcasting, etc., nor be authorized to provide such information to others without prior consent of the Company.
⑥ The Corporate Member shall not use the Services with the purposes other than recruitment and/or employment, nor conduct any of the following activities during his/her use of the Services:
To transfer, give, lend or allow to use the Corporate Member’s ID to other persons or other companies;
To unfairly use other members’ IDs such as by stealing and impersonating;
To have purposes of criminal acts or otherwise be related to other unlawful behaviors;
To damage or insult the reputation of the Company or others;
To infringe any rights of the Company or others such as intellectual property rights (Particularly, to spread coding tests acquired during the use of the Services and other members’ information);
To hack into the system or spread viruses;
To continuously send out specific contents such as any promotional information against the intent of others;
Any act that disturbs or may be deemed to disrupt stable operation of the Services;
Profit making activities utilizing information and Services of the Site; and
Any activities that do harm to public morality, social order, etc. or in breach of related laws and regulations.
⑦ The Corporate Member, who is a recruiter, shall directly confirm the accuracy of information of the Personal Member, who is a job seeker, and the Company shall not take any responsibility in connection with this, as long as there is no intention or negligence.
⑧ The Corporate Member shall not be authorized to re-distribute resume information that it viewed on the Site without approval of the Company or the principal of the information, and the responsibility on the management of print-outs and duplication, etc. shall be entirely borne by the Corporate Member as long as there is no intention or negligence.
CHAPTER 4 COMPENSATION FOR DAMAGES AND OTHERS
Article 22 [Compensation for Damages]
① In the case where the Company has damaged the Personal Member due to its breach of regulations set forth in the Article 10 and 19 hereof, or the users get damaged by any reason attributable to the Company related to any and all Services provided by the Company, the Company shall compensate for any damages therefrom.
② In the case where the Corporate Member breaches any provision hereof or does harm to a third party due to reasons attributable to the Corporate Member, the Corporate Member shall compensate for such damages.
③ The Company shall not bear any responsibility for the Corporate Member’s failure to obtain expected profits or losses thereof, nor shall not be liable for any damages in connection with the Corporate Member’s use of free services as long as the Company has not breached any provisions stipulated in the Company’s Privacy Policy.
④ In the event of failures in service provision due to natural disaster or its equivalent force majeure events, the Company shall be relieved from its responsibilities in connection with the provision of the Services.
⑤ Among the losses or damages that have occurred to the Corporate Member in connection with the use of Services, the Company shall not be liable for any failure in the use of services and loss therefrom due to the Corporate Member’s intention, negligence and any other reasons attributable to the Corporate Member him/herself.
⑥ As for credibility and accuracy of the information, materials and fact posted by the members (including both personal members and corporate members) in connection with the Services, the Company shall not be liable for damages incurred by the Corporate Member unless there is any intention or negligence of the Company.
⑦ In the event of damages incurred by the Corporate Member due to reasons attributable to other members (including both personal members and corporate members) and a third party, the Company shall have no responsibility to compensate for such damages.
Article 23 [Adjustment of Errors in Service Fees]
In the event of any error in the Company’s service fees, the Company shall make the following actions upon the request of the Corporate Member or through a prior notice of the Company.
① The Company shall give a refund for any amount paid in excess for the service fees, and deduct the equivalent amount from the next month’s bill if a user has consented thereto.
② If the Corporate Member who is subject to a refund of service fees has any amount in arrears, the Company shall give a refund after deducting such fees in arrears from the amount to be refunded.
③ The Company shall include any undercharged amount in the following month’s bill.
Article 24 [Warning against False Job Offering Advertisement]
Any person who suggests false job offering or false hiring conditions may be punished by imprisonment with labor for not more than five years, or by a fine not exceeding twenty million won according to Article 47 of the Employment Security Act, and the Company may accuse such person by its authority.
Article 25 [Warning against Brokerage of Prostitution, etc.]
Any post in breach of Article 4 of the Act on the Punishment of Arrangement of Commercial Sex Acts, etc. may be subject to punishment pursuant to Article 19 of the same act, and the Company may delete such post without prior notice to the user and terminate the user agreement.
Article 26 [Dispute Resolution]
① The Company and the Individual Member shall fully exert necessary efforts to settle any dispute arising out of or in connection with the Services in an amicable manner.
② Notwithstanding the endeavors in the preceding paragraph, for litigation in connection with any e-commerce related disputes between the Company and the Corporate Member, the court having jurisdiction of the location of the Company’s head office shall be the competent court having exclusive jurisdiction.
Date of publication: January 8, 2019
Effective date: Febuary 8, 2019
Programmers Terms of Purchase (For Corporate Members)
Article 1 [Purpose]
The purpose of these Terms of Purchase (hereinafter, the “Agreement”) is to set forth necessary matters for the use and purchase of contents and recruitment services provided for corporate members by Grepp Inc. (hereinafter, the “Company”) though the Company’s Programmers website.
Article 2 [Definition]
The following terms shall have the following meaning in this Agreement. Any other terms not defined herein shall be in accordance with definitions in Article 2 of the Terms and Conditions, and other matters shall be in accordance with general commercial practice.
- “Contents” shall refer to services including coding problems, coding tests, educational contents, postings, complimentary tickets for payment plans, exclusive of recruitment services.
- “Recruitment Services” shall refer to the recruitment consulting services where the Company recommends a well-qualified person as an executive or employee for a corporate member through Programmers website, etc.
- “Recruitment Fees” shall refer to the charges payable a corporate member upon finalization of the employment.
- “Basic Fees” shall refer to the charges for recruitment entrustment which are included in the Recruitment Fees.
- “Corporate Member(s)” shall refer to the user(s) utilizing the Programmers business services by creating the corporate account.
Article 3 [Effect and Amendment]
① This Agreement shall be valid for any and all Corporate Members in need of using the Contents and the Recruitment Services.
② Provisions of this Agreement shall take effect upon announced to the Corporate Member through postings by the Company on the initial screen or interconnected screen of the Programmers website, or through other methods, and consented by the Corporate Member.
③ Any matter not specified herein shall be in accordance with the provisions of relevant laws including the acts on consumer protection, etc. and general commercial practice.
④ The Company may amend this Agreement if necessary, and in case of amendment, the Company shall indicate the effective date and grounds for amendment and make an announcement in the same methods as described in Paragraph 2 seven (7) days prior to the application of the amended provisions; provided, however, that if such amendment is against the benefits of the Corporate Member, the Company shall make an announcement thirty (30) days prior to the application and personally notify the Corporate Member via email, etc. (Announcement on the website shall be deemed as personally notified only in the case such personal notification is hardly available due to the Corporate Member’s failure to specify the contact information or the change thereof.)
⑤ If the Corporate Member fails to express its intent of refusal by the effective date of the amendment despite the announcement or notification by the Company in its process of announcing or notifying the amendment pursuant to Paragraph 4 that the Corporate Member’s failure to express its intent of refusing the amendment by the effective date shall be deemed as a consent to the amendment, the Corporate Member shall be deemed to have consented to the amendment. The Corporate Member may suspend the use of purchase services and terminate the usage agreement if it does not consent to the amendment.
⑥ Consent to this Agreement shall be deemed an agreement to visit, on a regular basis, Programmers website operated by the Company and to check any modified provisions of this Agreement. Any loss incurred from the Corporate Member’s failure to check the amended Agreement shall not be borne by the Company.
Article 4 [Regulations on Product Purchases]
① Regulations on Purchasing Paid Contents
- The agreement on the use of paid Contents shall be established when the Corporate Member consents to the terms of use such as quantity and effective duration of the paid Contents and then pays the service fees separately determined using the methods specified by the Company.
- If the Corporate Member falls under Article 9(4) of the Company’s Terms and Conditions, the Corporate Member may not claim its rights under this Agreement, and the Company may cancel or terminate the usage agreement.
- Company may refuse to approve the application for subscription in any of the following cases:
- When the Company is unable to check the payment since the Corporate Member has not or wrongly made payment;
- When the Company is unable to check the HR manager of the Corporate Member;
- When the Corporate Member applying for subscription has ever been restricted from using the services or sanctioned within the recent three (3) months in accordance with this Agreement as well as other service operation policies of the Company; and
- Otherwise when the Company deems the approval as inappropriate.
② Regulations on Purchasing Recruitment Services
Obligations of the Corporate Member
- Job offer will be made when the Corporate Member consents hereto and participates in every service related to the recruitment services such as by posting vacancy announcement on Programmers website, and if the Corporate Member hires any prospective employee recommended by the Company, the Corporate Member shall fully perform its obligations prescribed in this Paragraph.
Procedures
- When proceeding with the recruitment-related services based on the information of prospective employees provided by the Company, the terms of this services shall be deemed accepted, and whether to confirm employment shall be determined.
- The Corporate Member shall not post on Programmers the vacancy announcement for an intern, contract based position (less than one-year term or less than 40 million KRW for annual salary), freelancer, outsourced position, etc. except for full-time permanent position (or contract-based position for more than one-year term).
- Interview results for a prospective employee shall be notified to the Company and the prospective employee by the Corporate Member within fourteen (14) days from the interview, and for a successful candidate, the Corporate Member shall also notify an annual salary contract containing the following details or evidencing materials informing the salary information:
- Expected date of entry;
- Annual wage (including all allowances such as a basic salary, fixed bonus, other fixed allowances, etc.); and
- Other matters to be notified to a successful candidate
- Despite the circumstances that the Company offers a prospective employee to the Corporate Member and the Corporate Member gets to know the prospective employee through other channels within 6 months and hires him/her, such prospective employee shall be deemed to have been recognized through the Recruitment Service, and the agreed fees stipulated in Article 4(2)-Subparagraph 3 shall be paid regardless of termination hereof. If the Corporate Member has known the prospective employee before recommendation, the Corporate Member shall notify such fact to the Company within fourteen (14) days from the date when the application of the prospective employee was received, together with objective materials evidencing such fact. If the Company does not raise any objection to the notification made by the Corporate Member within fourteen (14) days, such prospective employee shall be excluded from the list of prospective employees recommended by the Company.
- If the Company has ever tried to be freed from any money payable to the Company in accordance with this Agreement such as by concealing the prospective employee’s employment, the Corporate Member shall bear any and all civil and criminal responsibilities in connection therewith.
Payment of Recruitment Service Fees and Refund (indemnification)
- When finalizing the employment of a prospect employee to a full-time permanent position (or contract-based position for more than one-year term), the Corporate Member shall pay 7% of the annual salary contracted with the prospective employee (VAT excluded) to the Company in cash as contingency fees. In such a case, annual salary shall include all allowances including a basic salary, bonus, annual/monthly leave, other allowances, etc. as prescribed in Article 4(2)-Subparagraph 2 of this Agreement. The rate of payment varies depending on the Recruitment Services provided by the Company, thus, each Corporate Member shall check the price instruction page (business.programmers.co.kr/pricing) before using the service.
- Fees shall be paid within fourteen (14) days from the date a prospective employee makes first attendance.
- When separately entering into a probation agreement during the period of probation which contains different salary conditions compared to full-time permanent position, the Corporate Member shall make advance payment for fees by converting wages of the probation agreement to annual salary. If a contract for full-time permanent position is additionally made after termination of the probation period, the Recruitment Fees in the amount of 7% of annual salary of full-time permanent position shall be later paid after deducting previously paid fees for probation period, and the payment shall be made within fourteen (14) days from the date of drafting a salary contract
- Pre-paid fees: salary converted under a probation agreement * 7% (VAT excluded)
- Later-paid fees: annual salary under full-time permanent position contract * 7% (VAT excluded)
- The payment shall be made to an account designated by the Company. If wages or fees are paid in any currency other than Korean Won, the amount of payment as of billing shall be applied by exchange rate as of the billing date.
- In the case where a finalized employee voluntarily resigns within ninety (90) days from the date of first attendance after finalization of his/her employment, or the employment contract is terminated due to the employee’s drop-out of probation after evaluated by the Corporate Member as lacking capacity, the Corporate Member shall notify the Company within seven (7) days from the date of termination, together with objective reasons for termination. In such a case, the Company shall pay to the Corporate Member the remaining amount of the Recruitment Fees already paid, exclusive of the Basic Fees for the cancellation of employment. The Basic Fees, in this case, shall be 20% of the Recruitment Fees and shall be returned to the Corporate Member within fourteen (14) days.
- As exemption from responsibilities due to reasons attributable to the Corporate Member, if a finalized employee resigns on the following reasons, the Company is not obliged to return the fees to the Corporate Member:
- If the employee resigns due to department liquidation, layoff or recommended voluntary resignation as a result of the Corporate Member’s restructuring (including disastrous situation such as Covid-19);
- If the employee resigns due to the Corporate Member’s overdue payment of wages, bankruptcy and disreputable incidents (e.g. sexual harassment); and
- If the employees resigns due to reasons not attributable to the finalized employees as the Corporate Member fails to fulfill or arbitrarily changes agreement on wages, duties, positon, works and other conditions agreed with the finalized employee or otherwise engages in any acts against the equal treatment of employees under the Labor Standards Act.
Article 5 [Subscription Withdrawal and Refund]
① Subscription Withdrawal of Paid Contents and Refund
The Corporate Member may withdraw its subscription (cancel the purchases) without any extra charge within seven (7) days from the date the paid Contents were purchased or became available; provided, however, that the withdrawal of subscription (cancellation of purchase) of the paid Contents shall be restricted pursuant to Article 17(2) of the Act on the Consumer Protection in Electronic Commerce, Etc. in the case such contents have been already used, are deemed to have been used or otherwise have the characteristics equivalent thereto at the time the withdrawal of subscription was requested, and the Corporate Member may only get a refund for unused portions. In such a case, the amount of refund shall be differently calculated depending on the purchased items.
② Termination of Recruitment Services
The Corporate Member may, at any time, terminate the use of the Recruitment Services by withdrawing the membership or deleting the vacancy announcement; provided, however, that if the Corporate Member hires the prospective employee within one (1) year from the point the Company has suggested such person, obligation to pay the Recruitment Fees pursuant to Article 4(3) hereof shall remain valid. Further, when the Company hires the same prospective employee through any third party other than the Company, the prospective employee shall not be deemed as suggested by the Company in the case the date of application by the prospective employee is earlier than the date the Company has made suggestions.
③ Refund of Recruitment Services
In the case the finalized employee voluntarily resigns, or is dismissed by the Company during the probation due to lack of capacity within three (3) months of the finalization of employment, the Corporate Member shall notify the Company within one (1) week upon the date such reason of dismissal has occurred. In such a case, the Company shall pay to the Corporate Member the remaining amount exclusive of the Basic Fees for the cancellation of employment. The Basic Fees, in this case, shall be 20% of the Recruitment Fees.
Article 6 [Effect of Withdrawal, Etc.]
① When the Corporate Member withdraws from subscription, the Company shall collect or delete the relevant paid Contents without delay, and return the price paid or give a refund through payment cancellation within three (3) business days from the date of collection or deletion.
② In the case the Corporate Member has made payment using a credit card or other methods of payment determined in the Enforcement Decree to the Act on the Consumer Protection in Electronic Commerce, Etc., the Company shall, without delay, request the business operator who has provided such method of payment to suspend or cancel billing; provided, however, that when the Company has already received money from the payment service provider, the Company shall give a refund to the payment service provider and notify such to the Corporate Member.
Article 7 [Protection and Management of Personal Information]
① The Company shall endeavor to protect the Corporate Member’s personal information including its account as specified in the relevant laws and regulations. Protection and use of the Corporate Member’s personal information shall be in accordance with the related laws and Privacy Policy separately set forth and announced by the Company (posted at: underneath the left side of Programmers homepage).
② The Company shall not bear any liability for the Corporate Member’s personal information disclosed due to reasons attributable to the Corporate Member.
Article 8 [Miscellaneous]
① The Company may temporarily or permanently modify or suspend all or part of specific services or functions, if necessary, by giving an advance notification via Programmers website and individual emails, etc.
② Each party shall assign or dispose of the rights and obligations hereunder to any third party without the written consent of the other party.
③ Any dispute arising out of or in connection with this Agreement shall be governed by the competent court having jurisdiction over the address of the Company’s head office.
Date of publication: January 4, 2021
Effective date: February 4, 2021
Programmers Terms of Purchase (For Personal Members)
Article 1 [Purpose]
The purpose of these Terms of Purchase (hereinafter, the “Agreement”) is to set forth necessary matters for the use and purchase of contents provided for users by Grepp Inc. (hereinafter, the “Company”) though the Company’s Programmers website.
Article 2 [Definition]
The following terms shall have the following meaning in this Agreement. Any other terms not defined herein shall be in accordance with definitions in Article 2 of the Terms and Conditions, and other matters shall be in accordance with general commercial practice.
- “Contents” shall refer to services including coding problems, coding tests, educational contents, postings, complimentary tickets for payment plans, exclusive of recruitment services.
- “Recruitment Services” shall refer to the recruitment consulting services where the Company recommends a well-qualified person as an executive or employee for a corporate member through Programmers website, etc.
- “Recruitment Fees” shall refer to the charges payable a corporate member upon finalization of the employment.
- “Basic Fees” shall refer to the charges for recruitment entrustment which are included in the Recruitment Fees.
Article 3 [Effect and Amendment]
① This Agreement shall be valid for any and all users in need of using the Contents.
② Provisions of this Agreement shall take effect upon announced to users through postings by the Company on the initial screen or interconnected screen of the Programmers website, or through other methods, and consented by the users.
③ Any matter not specified herein shall be in accordance with the provisions of relevant laws including the acts on consumer protection, etc. and general commercial practice.
④ The Company may amend this Agreement if necessary, and in case of amendment, the Company shall indicate the effective date and grounds for amendment and make an announcement in the same methods as described in Paragraph 2 seven (7) days prior to the application of the amended provisions; provided, however, that if such amendment is against the benefits of the user, the Company shall make an announcement thirty (30) days prior to the application and personally notify the user via email, etc. (Announcement on the website shall be deemed as personally notified only in the case such personal notification is hardly available due to the user’s failure to specify the contact information or the change thereof)
⑤ If the user fails to express its intent of refusal by the effective date of the amendment despite the announcement or notification by the Company in its process of announcing or notifying the amendment pursuant to Paragraph 4 that the user’s failure to express its intent of refusing the amendment by the effective date shall be deemed as a consent to the amendment, the user shall be deemed to have consented to the amendment. The user may suspend the use of purchase services and terminate the usage agreement if it does not consent to the amendment.
⑥ Consent to this Agreement shall be deemed an agreement to visit, on a regular basis, Programmers website operated by the Company and to check any modified provisions of this Agreement. Any loss incurred from the user’s failure to check the amended Agreement shall not be borne by the Company.
Article 4 [Formation of Usage Agreement]
① Usage agreement for paid Contents shall be established upon the member’s consent to the use of the paid Contents and the payment of usage fees separately determined by the Company.
② If the member steals personal information of another in the process of using the services, such member shall not claim his/her rights under this Agreement, and the Company may cancel or terminate the usage agreement.
③ The Company may refuse to approve the application for subscription in any of the following cases:
- When the Company is unable to check the payment since the member has not or wrongly made payment;
- When the member applying for subscription has ever been restricted from using the services or sanctioned within the recent three (3) months in accordance with this Agreement as well as other service operation policies of the Company; and
- Otherwise when the Company deems the approval as inappropriate.
Article 5 [Subscription Withdrawal and Refund]
① The member may withdraw his/her subscription (cancel the purchases) without any extra charge within seven (7) days from the date the paid Contents were purchased or became available; provided, however, that the withdrawal of subscription (cancellation of purchase) of the paid Contents may be restricted pursuant to Article 17(2) of the Act on the Consumer Protection in Electronic Commerce, Etc. in the case such contents have been already used, are deemed to have been used or otherwise have the characteristics equivalent thereto at the time the withdrawal of subscription was requested.
② The member may get a refund only for the unused portion of the Contents purchased by the methods of payment. Refundable amount in case of purchasing and taking classes for the educational Contents is as follows:
Classification | Date of occurrence of reasons for a refund | Refundable amount | |
---|---|---|---|
Class suspension from educational institute, Self-closing, cancellation of registration | Date when a class cannot be held or a place of class cannot be provided | Amount including fees already paid for classes calculated on a pro rata daily basis | |
In case a member gives up taking a class at his/her will | 1 month within a class | Before a class starts | Full amount including pre-paid tuition |
Before the lapse of 1/3 of total class hours | Amount equivalent to 2/3 of pre-paid tuition | ||
Before the lapse of 1/2 of total class hours | Amount equivalent to 1/2 of pre-paid tuition | ||
After the lapse of 1/2 of total class hours | No refund | ||
After the lapse of 1 month of class | After a class starts | Full amount including pre-paid tuition | |
After a class starts | Amount totaling full amount of Refundable tuition, etc. for a month when any reason for a refund has occurred (referring to amount calculated based on the standard in case where duration of a class is within 1 month) and tuition for the remaining months, etc. | ||
Remarks | 1. Total class hours shall refer to total class hours for the duration of such class, and the refundable amount is calculated based on the class hours that have elapsed until the date of occurrence of reasons for a refund. | ||
2. In case of a refund for remote classes, the amount equivalent to the portion of lessons actually taken (referring to lessons taken online or stored on a learning device) shall be deducted. |
Article 6 [Effect of Withdrawal, Etc.]
① When the member withdraws from subscription, the Company shall collect or delete the relevant paid Contents without delay, and return the price paid or give a refund through payment cancellation within three (3) business days from the date of collection or deletion.
② In the case the member has made payment using a credit card or other methods of payment determined in the Enforcement Decree to the Act on the Consumer Protection in Electronic Commerce, Etc., the Company shall, without delay, request the business operator who has provided such method of payment to suspend or cancel billing; provided, however, that when the Company has already received money from the payment service provider, the Company shall give a refund to the payment service provider and notify such to the member.
Article 7 [Protection and Management of Personal Information]
① The Company shall endeavor to protect the Corporate Member’s personal information including its account as specified in the relevant laws and regulations. Protection and use of the Corporate Member’s personal information shall be in accordance with the related laws and Privacy Policy separately set forth and announced by the Company (posted at: underneath the left side of Programmers homepage).
② The Company shall not bear any liability for the member’s personal information disclosed due to reasons attributable to the member
Article 8 [Miscellaneous]
① The Company may temporarily or permanently modify or suspend all or part of specific services or functions, if necessary, by giving an advance notification via Programmers website and individual emails, etc.
② Each party shall not assign or dispose of the rights and obligations hereunder to any third party without the written consent of the other party.
Date of publication: December 6, 2019
Effective date: January 6, 2020