Article 1. Purpose

The purpose of these Terms of Use is to set forth any and all matters regarding the terms and conditions of use and operation of services on “Zenith Datalab” (“Website”).

Article 2. Definitions

The major terms used herein shall have the following meanings.
1) Members mean users who have registered with the Website by agreeing to the terms and conditions of the Website and providing their personal information and who have executed the user agreement with the Website and use the Website.
2) User Agreement means the agreement entered into by and between the Website and a Member with regard to the use of the Website.
3) Member’s ID means a combination of a unique sequence of characters and numbers, which is granted to each Member for the identification of the Member and the use of services by the Member.
4) Password means a combination of characters and numbers, which is selected by a Member to verify that the ID is granted to the same Member and to protect the rights and interests of the Member.
5) Operator means the person/entity that has opened and operated a website that provides services.
6) Termination means that the Members terminate the user agreement.
7) Digital content(“Goods”) means all intangible products, pdf downloads, resource material, and online content.
8) Products(“Goods”) means all tangible products, including food and drinks.

Article 3. Applicable Rules Other than Standard Terms of Use

The Operator may separately announce and provide guidance on operational policies, if necessary. If these Terms of Use and operational policies overlap, then the operational policies shall prevail.

Article 4. Execution of User Agreement

1) The user agreement shall be constituted when a person who wishes to use the Website agrees to these Terms of Use and then the Operator accepts the application for membership made by such a person.
2) Any person who wishes to use services as a Member shall indicate his/her intention to agree to these Terms of Use by reading these Terms of Use when applying for membership and clicking “I agree” in the below.

Article 5. Application for the Use of Services

1) Any user who wishes to use the Website as a Member shall provide any and all information, such as User ID, Password, Address, Phone Number, Email, and Full name, which is requested by the Website.
2) A Member who has not registered his/her genuine information by stealing another person’s information or registering false information may not claim any right to the use of the Website and may be subject to punishment under relevant statutes.

Article 6. Guideline on Personal Information Processing

1) The Website and the Operator do not have the Members’ Passwords among their personal information provided in applying for membership. Anything related to the Members’ Passwords shall be handled in accordance with the Guideline on Personal Information Processing.
2) The Operator shall make efforts to protect the Members’ personal information, including the Members’ registered information, in accordance with relevant statutes.
3) The Members’ personal information shall be protected in accordance with relevant statutes and the Guideline on Personal Information Processing that is established by the Website.However, the Operator shall have no liability for the information leaked due to a reason attributable to a Member.
4) If a Member registers and distributes illegal postings, including those that disrupt good public order and customs or violate national security, then the Operator may access the Member’s materials and submit such materials to the related institutions upon request of such institutions.

Article 7. Operators’ Obligations

1) The Operator shall deal with any opinions offered or complaints raised by the Members as soon as possible if such opinions or complaints are deemed just. However, if the Operator finds it difficult to deal with such opinions or complaints swiftly due to its personal reasons, then it shall do its best by making a post-announcement or sending the Members messages or emails.
2) If there is any breakdown in equipment or any equipment is lost, then the Operator may request the Website to repair or restore such equipment without any delay for the continuous and stable provision (or operation) of the Website. However, in case of natural disasters or unavoidable reasons on the part of the Website or the Operator, the operation of the Website may be temporarily suspended.

Article 8. Members’ Obligations

1) The Members shall comply with the matters stipulated in these Terms of Use, any and all regulations established by the Operator, matters including notices and operational policies to which users are notified via the Website, and relevant statutes. The Members shall not commit acts to disrupt other businesses of the Website or to tarnish the reputation of the Website.
2) The Members may neither assign, give away, nor provide as security the right to use services and their contractual status under the user agreement, unless the Website gives its express consent.
3) The Members shall take considerable care in managing their IDs and Passwords and may not allow any third party to use their IDs without the consent of the Operator or the Website.
4) The Members shall not infringe on the intellectual property rights of the Operator, the Website, and any third party.

Article 9. Service Use Hours

1) In principle, services shall be available 24 hours a day, 365 days a year unless there is any special operational or technological delay. However, the Website may temporarily suspend services on the date(s) or hour(s) designated by the Website for system checkups, extensions, and replacements. As the temporary suspension of services due to scheduled work is announced on the homepage of the Website in advance, users are recommended to visit and read the homepage frequently.
2) The Website may temporarily or permanently suspend services without any prior announcement or notice in the following cases.
- If there is any urgent system checkup, extension, replacement, breakdown, or malfunction
- If there is any force majeure event, such as national emergencies, blackouts, or natural disasters
- If common carriers as stipulated in the Telecommunications Business Act suspend telecommunication services
- If there is any delay in the use of normal services due to overload of traffic during the use of services
3) In case of the suspension of services under Paragraph 2 above, the Website shall notify the Members of such suspension via prior notice. However, if the Website finds it impossible to make a prior notice of the service suspension caused by an uncontrollable cause, then a later notice or announcement shall be made in lieu of such prior notice.

Article 10. Termination of Use of Services

1) If the Members wish to terminate the user agreement with the Website, then they themselves shall apply for the termination of their registration online. However, the termination of use of the Website shall be separately made from the termination of the user agreement.
2) As Website-related programs are automatically deleted on the Members Management screen, upon application for termination of the user agreement (or the use of services), the Operator may not be able to look at the information of the applicant for the termination of the user agreement anymore.

Article 11. Limitations on Use of Services

The Members shall not conduct any act that falls under any of the following. If the Members are found to have committed any such act, the Website may place restrictions on the use of services by the Members, take legal measures, terminate the user agreement, or suspend services for a specified period of time.
1) Registering false information upon signing up for membership or changing information so that it is false after signing up for membership
2) Hindering others from using the Website or stealing others’ information
3) Impersonating the management, staff, or related personnel of the Website
4) Infringing on the moral rights or intellectual property rights of the Website or any other third party or disrupting their businesses or operations
5) Fraudulently using another Member’s ID
6) Collecting, storing, and disclosing another Member’s personal information without its consent
7) Committing any act that is objectively believed to be related to crimes
8) Violating other relevant statutes

Article 12. Management of Postings

1) The Operator shall be responsible for the management and operation of postings and materials of the Website. The Operator shall always monitor postings and materials. If the Operator finds or receives a report on faulty postings and materials, then it shall delete such postings and materials and give a warning to the Member that registered such postings and materials. Meanwhile, as the Member is responsible for postings made by him/her, he or she may not put up postings that violate these Terms of Use.
2) If public institutions, such as the Korea Internet Safety Commission, make a demand for the correction of any posting, then the Operator may delete or move such posting without the Member’s prior consent.
3) The criteria for determining any posting to be faulty are as follows.
- Postings that seriously insult another Member or any third party or tarnish its reputation
- Postings that distribute or offer links to content in violation of good public order and customs
- Postings that promote illegal copies or hacking
- Postings that aim to make advertisements for purposes of profit
- Postings that are objectively acknowledged to be associated with crimes
- Postings that infringe on the rights of another Member or any third party, including copyrights
- Other postings that are deemed to violate relevant statutes
4) If the Website and the Operator are requested by any third party to suspend putting up postings due to reasons such as defamation or infringement of rights, including intellectual property rights, then they may temporarily do so. In addition, if the Website is informed of any lawsuit, settlement between any person/entity requesting the suspension of putting up postings and any person/entity registering such postings, or any decision of a relevant institution similar to the foregoing, then it shall comply with such settlement or decision.

Article 13. Custody of Postings

If the Operator suspends the operation of the Website due to unavoidable circumstances, then it shall make a prior announcement and make efforts to take all measures to ensure that all postings are easily transferred.

Article 14. Copyrights to Postings

1) Members shall own copyrights to materials posted by them within the Website. In addition, the Website may not use such materials commercially without the consent of the Members making such postings. However, the Website has the right to use such materials for non-profitable purposes and to post such materials within services.
2) Members may not use materials posted in the services for commercial purposes, including processing and selling the information acquired through the services at their discretion.
3) If the Operator determines materials or content posted or registered by the Members to fall under any of the items in Paragraph of Article 12 above, then it may delete, move, or refuse to register such materials or content without any prior notice.

Article 15. Establishment of Purchase Contract

1) Users who wish to make a purchase on the Website may submit a request in the following (or similar) order. The Website is obliged to disclose the following information to Users in a manner that is easy to understand.
1-1) Search and select good(s) to purchase
1-2) Enter recipient’s name, address, phone number, email address (or mobile phone number), etc.
1-3) Confirm contents of Agreement, information on restricted services, etc.
1-4) Indicate your consent or refusal to this Agreement (e.g., via mouse click)
1-5) Agree to confirmations regarding the purchase of Goods, etc.
1-6) Select payment method
1-7) Other procedures determined by the Company
2) In the event that the Website provides or entrusts a User’s personal information to a third party, the Website is required to obtain the User’s consent. This consent is not implied in advance at the time of registration.
3) The Website reserves the right to decline a purchase request for reasons indicated in the following clauses. For minors who wish to establish a contract without the consent of a legal guardian, the Website shall inform that User or legal guardian may terminate the contract.

Article 16. Payment Method

1) Users can make payments for goods or services purchased at the Website using the payment methods indicated in the following clauses. The Website may not, for any reason, charge additional fees in regards to a User’s payment.
- Credit card payment
- Payment with electronic currencies
- Other electronic forms of payment

Article 17. User Notification and Modification/Cancellation of Order

1) The Website is obliged to provide a notification of confirmation in the event of a purchase request made by a User.
2) The Website does not issue modification and cancellation for Order once the purchase is confirmed.

Article 18. Provision of Goods (digital content and products)

1. Digital content
1) The Website offers the downloadable link after the purchase of digital content is confirmed.
2) The User can download the purchased digital content only once through the provided link by the Website.

2. Products
1) Unless specific terms are stipulated regarding the provision period of Goods, etc., the Company shall take appropriate measures such as customized production, packaging, etc., to ship the User’s item. However, if the payment has already been made in full or in part, the Company shall take appropriate measures within 10 business days of payment. If a separate agreement exists between the Company and User, the relevant agreement shall take precedence. In such case, the Company is obliged to take measures to provide the User with information on provision procedures and progress.
2) The Company shall disclose the shipping method for delivery of Goods purchased by Users, shipping cost responsibilities per method, and shipping time per method, etc. for purchases made by the User. In the event that the Company exceeds the agreed shipping time, the Company is held liable for damages incurred from the delay. However, the Company is not held liable in the event that the Company provides evidence of no intention or negligence.

Article 19. International Shipping Services

1) The Company provides international shipping services for goods with a sales contract through an international shipping network in which the Company has a business relationship.
2) If the User wishes to change delivery information (delivery address and contact information, etc.), the User can change the information directly only if the order status is ‘Preparing for Shipment’. However, after the order status is ‘In Transit’, delivery information can not be changed.
3) Users who wish to receive the Company’s approval for a return request must provide objective evidence to prove the product defect or product misdelivery. Once defects and product misdelivery are proved, the Company will take responsibility for all shipping costs incurred in the relevant return and reshipment.
4) Customs duties and taxes that are levied by the destination country as a result of international shipping are the recipient’s responsibilities.
5) International shipments are processed at customs upon arrival in the destination country, and Users acknowledge that this may result in a delay in expected delivery date.
6) Once the reason for return is approved by the Company (once evidence of defect, etc. is submitted), the User must contact the international shipping customer service center, return the product though a local overseas shipping courier, and provide documentation to the Company proving the return shipping costs.
7) Should the shipment be refused by the recipient, the User is responsible for initial shipping fees, as well as all other costs incurred during return shipment. Such costs will be deducted from the refund.

Article 20. Refunds, Returns, Exchanges

1) No Refunds, Returns, and Exchanges are offered once the purchase is confirmed for digital content.
2) In the event that the Company is not able to provide Goods, etc. purchased by the User due to reasons such as insufficient stock, the Company shall promptly inform the User and issue a refund or take appropriate measures for refund within 10 business days of payment.
3) The User can directly cancel the order (purchase contract) through a cancellation request only in the order status ‘Preparing for Shipment’. However, even if it is marked as ‘Preparing for Shipment’ on the homepage, the Company may reject or withhold the User's request for cancellation if delivery has actually started or there are special circumstances such as order production has been scheduled or created. In this case, related matters will be separately notified to the User (including notice through the site).
4) Since it is considered that international shipping has begun from the order status after "In Transit", the order(purchase contract) can not be canceled, returned or exchanged.
5) Pursuant to the previous clause, when the User wishes to obtain approval for a return from the Company, objective evidence must be sent to the Company to prove the reason for the return, such as primitive defects in the product or product misdelivery. Once defects and misdelivery are proved, the Company will take responsibility for all shipping costs incurred in the relevant return and reshipment.
6) Even after completion of the order, if the delivery information is insufficient or it is considered that normal transaction is not possible, the order(purchase contract) may be canceled at the discretion of the Company.
7) In the case of partial cancellation or return of the order, the refund may be slightly different from the original payment due to changes in the conditions of the discount policy.

Article 21. Damages

1) The Members shall primarily bear all civil and criminal liability that arises within the Website.
2) If a Member suffers from any damage caused by force majeure events, such as natural disasters or its willful misconduct or negligence, then the Website may offer no compensation for damages.

Article 22. Indemnification

1) If Members do not earn any profit from the rendering of services at the Website or if there arises any damage from the optional selection of service materials or use of services, then the Operator shall be relieved from any liability arising from the foregoing.
2) The Operator shall be relieved from liability caused by any disruption in services at the Website or in telecommunication services offered by other carriers. These Terms of Use shall apply mutatis mutandis to the damage caused in connection with the service base at the Website.
3) The Operator shall not be liable for materials stored, posted, or transmitted by the Members.
4) The Operator shall not be liable for any disruption in the use of services due to a reason attributable to the Members.
5) The Operator shall not be liable for any and all activities, including data transmission and other community activities, between the Members, and between the Members and any third parties, regardless of whether such activities occur within the Website or through any outside services.
6) The Operator shall not be liable for the authenticity, trustworthiness, and accuracy of materials posted or transmitted by the Members or all materials provided for the Members via the Website.
7) The Operator shall not be liable for any and all damage which is caused by goods transactions between the Members, as well as between the Members and any third parties via services.
8) The Operator shall not be liable for any disputes that occur between the Members or between the Members and any third party without a reason attributable to the Operator.
9) The Operator shall not be liable for any damage suffered by the Members if such damage is caused by disruptions in systems that can occur without its willful misconduct or gross negligence. In this case, such misconduct can be considered similar to misconduct in the course of managing, checking, repairing, and replacing equipment, such as servers or operating software. The Operator is also not liable for any damage suffered by the Members if it is caused by any third party’s attack, the distribution of computer viruses for which any anti-virus/vaccines have not been developed by domestic or foreign prestigious research institutions or security-related companies, or force majeure events that cannot be otherwise controlled the Operator.


Addendum
These Terms of Use shall take effect on 09-01-2022.