Terms and Conditions of Service
FunPik websites (“Websites”) and mobile applications (“Apps”) and related services (together with the Websites, the “Service”) are operated by IDESIGNLAB Co., Ltd (“FunPik”, “IDESIGNLAB,” “us,” or “we”).Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications.
“FunPik”may amend, update or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Websites for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.
2. Description Service
The Service allows users to access and use a variety of educational services, including learning or practicing a Korean. FunPik may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by FunPik ; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to FunPik, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account
4. Your Representations and Warranties
You represent and warrant to FunPik. that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of the Republic of Korea and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the Republic of Korea and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit via the Service (including Translation Materials, Course Contributor Materials, Activity Materials, and Content) and that you have the right, as applicable, to grant us a license to use that material as set forth above or the right to assign that material to us as set forth below.
5. Inappropriate Use
You will not upload, display or otherwise provide on or through the Service any content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in FunPik.’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose FunPik. or its users to any harm or liability of any kind.
6. Indemnification of FunPik.
You agree to defend, indemnify and hold harmless FunPik and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
7. License to Apps
subject to the terms of these Terms and Conditions, FunPik grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof.
FunPik and its licensors own and shall retain all intellectual property rights and other rights in and to the Apps, and any changes, modifications, or corrections thereto. The following terms and conditions apply to you only if you are using the Apps from the Apple App Store.
You acknowledge and agree that these Terms and Conditions are solely between you and FunPik, not Apple, and that Apple has no responsibility for the Apps or content thereof. Your use of any App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. In the event of any failure of any App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions.
You and FunPik acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apps or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and FunPik acknowledge that, in the event of any third-party claim that any App or your possession and use of that App infringes that third party’s intellectual property rights, FunPik, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions.
You must comply with applicable third party terms of agreement when using any App. You and FunPik acknowledge and agree that Apple, and Apple’ s subsidiaries, are third party beneficiaries of these Terms and Conditions as they relate to your license of the Apps, and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.
8. In-App Purchases
If you purchase an auto-renewing periodic subscription through the Service, your FunPik account will be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your FunPik account and follow instructions to terminate or change your subscription, even if you have deleted your account.
In the Service, you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency,” including but not limited to virtual gems, solely for use in the Service, and (b) “virtual in-app items” (together with “virtual currency,” “Virtual Items”). You are allowed to purchase Virtual Items through the Service, and not in any other way.
FunPik may manage, regulate, control, modify, or eliminate Virtual Items at any time, with or without notice. FunPik may update the pricing of Virtual Items at any time in its sole discretion, and may add new Virtual Items for additional fees. FunPik shall have no liability to you or any third party in the event that FunPik exercises any such rights.
The transfer of Virtual Items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity, including but not limited to Company, another user, or any third party.
You agree to pay all fees and applicable taxes incurred by you or anyone using a FunPik account registered to you. FunPik may revise the pricing for the goods and services offered through the Service at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
9. Payment Processors
10. Refund Policy
In the event that FunPik suspends or terminates your use of the Service or these Terms and Conditions or you close your account voluntarily, you understand and agree that you will receive no refund or exchange of any kind, including for any unused virtual currency or other Virtual Item, any Content or data associated with your use of the Service, or for anything else.
11. Third-Party Links, Sites, and Services
The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising by FunPik on the Service are subject to change. In consideration for FunPik granting you access to and use of the Service, you agree that FunPik and its third party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.
12. No representations or warranties by FunPik
The service, including all images, audio files and other content therein, and any other information, property and rights granted or provided to you by FunPik are provided to you on an "as is" basis. FunPik and its suppliers make no representations or warranties of any kind with respect to the service, either express or implied, and all such representations and warranties, Including warranties of merchantability, fitness for a particular purpose or non-infringement, are expressly disclaimed. without limiting the generality of the foregoing, FunPik does not make any representation or warranty of any kind relating to accuracy, service availability, completeness, informational content, error-free operation, results to be obtained from use, or non-infringement. access and use of the service may be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance or for other reasons. some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
13. Limitation of types of damages/limitation of liability
In no event will FunPik be liable to you or any third party claiming through you(whether based in contract, tort, strict liability of other theory) for indirect, incidental, special, consequential or exemplary damages arising out of or relating to the access or use of, or the inability to access or use, the service or any portion thereof, including but not limited to the loss of use of the service, inaccurate results, loss of profits, business interruption, or damages stemming from loss or corruption of data or data being rendered inaccurate, the cost of recovering any data, the cost of substitute services or claims by third parties for any damage to computers, software, modems, telephones or other property, even if FunPik has been advised of the possibility of such damages. FunPik's liability to you or and third party claiming through you for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to FunPik for the service in the 12 months prior to the initial action giving rise to liability. this is an aggregate limit. the existence of more than one claim hereunder will not increase the limit
FunPik may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your FunPik account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of FunPik ’ s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
15. Proprietary Rights in Service Content and Activity Materials
All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of FunPik or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content.
As between you and FunPik, all data, information and materials generated from your access and use of the educational activities made available on or through the Service, including translated content generated by you (collectively, the “Activity Materials”), shall be exclusively owned by FunPik, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions. Activity Materials will not include Translation Materials. By using the Service, you hereby assign to FunPik any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of FunPik or its licensors that are not expressly granted in these Terms and Conditions are reserved to FunPik and its licensors.
“FunPik” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of FunPik. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the FunPik name or any FunPik or third-party trademarks, service marks, graphics or logos.
18. Promotion Code Terms
FunPik Promotion Codes (each a “Promotional Code”) are made available by FunPik (either directly or through a partner) subject to the Terms and Conditions of Service (“Terms and Conditions”). Each Promotional Code is made available in connection with a form of an auto-renewing periodic subscription (as defined in the Terms and Conditions).
The Promotional Code.
Each Promotional Code provides access to FunPik. A. at the price advertised; and B. beginning the moment that you confirm your acceptance of the Promotional Code by submitting valid payment details that are accepted by FunPik (the “ Promotional Period ” ); and C. in some circumstances, subject to an overall limit of allowed redemptions of that Promotional Code. By submitting your payment details, you (i) confirm your acceptance of the Promotional Code advertised; (ii) accept and agree to these Promotional Code Terms; and (iii) acknowledge and agree to the Terms and Conditions.
In order to be eligible for a Promotional Code, users must satisfy all of the following conditions (each an “Eligible User”):
A. Unless you are subscribing to a Promotional Code that is advertised as available to current subscribers, you must not be a current subscriber.
B. Provide FunPik with a valid and current payment method that is approved by FunPik.
C. Additional eligibility requirements (if any) as advertised from time-totime in connection with a Promotional Code. Eligible Users may accept a Promotional Code once - previous users may not redeem the offer again.
A Promotional Code must be accepted before the applicable expiration date advertised, if any. Except where prohibited by law, FunPik reserves the right to modify, suspend or terminate a Promotional Code at any time and for any reason, in which case we will not honour subsequent Promotional Code enrollments.
Duration and cancellation.
Unless you cancel your subscription before the end of the Promotional Period, you will automatically become a recurring subscriber and your FunPik Plus subscription will continue to automatically renew for additional periods equal to the expiring subscription term, unless you cancel before the end of the relevant subscription term pursuant to FunPik’s terms and conditions. The payment method you provided will automatically be charged for the then-current subscription price. If you cancel during the Promotional Period, you will lose access to FunPik Plus and you understand and agree that you will receive no refund or exchange of any kind, including for any unused virtual currency or other Virtual Item, any Content or data associated with your use of the Service, or for anything else.
19. Notice for Claims of Copyright Violations and Agent for Notice
If you are a copyright owner and have a good faith belief that any material available through the Service infringes upon your copyrights, you may submit a copyright infringement notification to FunPik pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing:
an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Please consult your legal counsel for further details or see. FunPik’s Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: 5F, Purun Building, 581, Gangnam-daero, Seocho-gu, Seoul, THE FIRM
By email: firstname.lastname@example.org
20. Governing Law and Arbitration; No Class Action
These Terms and Conditions, its subject matter and FunPik’s and your respective rights under these Terms and Conditions, as well as and any claim, cause of action or dispute (“claim”) arising out of or related to these Terms and Conditions, shall be governed by and construed under the laws of the Republic of Korea , excluding the conflict of law provisions of that or any other jurisdiction, regardless of your country of origin or where you access the Service.
Any dispute or claim relating in any way to these terms and conditions or the service will be resolved by binding arbitration, rather than in court, except for FunPik’s right to seek injunctive relief as set forth below. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.
If you do not want to arbitrate disputes with FunPik and you are an individual, you may opt out of this arbitration agreement by sending an email to email@example.com within 30 days of the day you first access or use the Service.
If you intend to seek arbitration you must first send written notice to FunPik’s Administration Office of your intent to arbitrate (“Notice”). The Notice to FunPik should be sent by any of the following means: (i) electronic mail to firstname.lastname@example.org; or (ii) sending the Notice by 5F, Purun Building, 581, Gangnam-daero, Seocho-gu, Seoul, THE FIRM.
The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought; and (z) set forth your name, address and contact information. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you.
To the fullest extent permitted by applicable law, you and FunPik each agree that any dispute resolution proceeding will be conducted only on an individual basis and representative action.
This agreement was originally written in Korean. To the extent any translated version of this agreement conflicts with the Korean version, the Korean version controls.
These Terms and Conditions constitute the entire agreement between FunPik and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by FunPik or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. FunPik may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of FunPik and you, and FunPik's and your respective successors and permitted assigns.
Last revised on july 15nd, 2021