Terms of Use
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Chapter 1. General Provisions
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Article 1 (Purpose)
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The purpose of these Terms of Use (the "Terms of Use") is to set forth conditions and the process of the use of the Service between the Company and Users, the rights and obligations between the Company, and Members and other necessary matters in terms of educational information service, Hithetest, (the "Service") provided by TEST SUCCEED LIMITED. (the "Company"). These Terms of Use apply to e-commerce using PC communication and smartphone applications, including applications integrated within Telegram, to the extent that such e-commerce is not against the nature hereof.
Article 2 (Definitions)
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* **2.1 "User"** means a Member or a non-member who accesses and uses the Service provided by the Company hereunder.
* **2.2 "Member"** means a person who enters into a use agreement of the Service of the Company, is given a Member ID as a User, and continues to receive the information from the Company and uses the Service provided by the Company.
* **2.3 "Paid-Up Member"** means the Member who pays for the charged Service during the Service period.
* **2.4 "Service"** means all the acts made available to the member by the Company regardless of the types of accessible wired and wireless terminals. Service is a concept including the "Contents" provided by the Company and may be indicated as "Service and Contents" herein.
* **2.5 "Service Period"** means the period when a Member uses paid-up Service purchased by him or her.
* **2.6 "Contents"** means the data or information expressed in sign, text, voice, sound, image or video used in information and communication network as prescribed in Article 2 (1) 1 of the Act on Promotion of Information and Communication Network Use and Protection of Information which is produced or processed in an electronic form so that the preservation and use of such data and information can be more efficient.
* **2.7 "Service Fee"** means the costs spent by a Member for the use of the Service and paid to the Company in order to become a "Paid-Up Member".
* **2.8 "Membership"** means a product that has paid usage to use the paid "Service" provided by the "Company" and is limited to the type of exam paid for (TOEFL, IELTS). In this agreement, it may be marked as a "Pass" in some cases.
* **2.9 "Personal Information"** means information about the living person, including email address, telephone number, and SNS information with which people can identify such a person.
* **2.10 "Data"** means the information of the outcome (including result of problem solving and details of questions) gained from all the acts made by a Member while experiencing the Service.
* **2.11 "Withdrawal"** means the withdrawal of the use agreement by the Company or a Member after using the Service.
* **2.12 "Post"** means the information including various files, links and comments as well as messages, pictures, photos and images including answers in a form of text and sound sources prepared by a Member while using the Service of TestSucceed.
Other definitions used herein than those as set forth in the foregoing Clause 2 shall be determined based on applicable laws and regulations and guides by Services.
Article 3 (Effect and Modification)
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3.1 These Terms of Use shall come to effect when the User consents to the contents hereof and applies for membership and the Company accepts it.
3.2 Upon Company's modification of these Terms of Use, the modification shall come into effect when the Company gives a notice to existing Members in a way as set forth in Clause 5 [Notice to Members].
3.3 The Company may revise these Terms of Use upon occurrence of reasonable cause to the extent that such revision does not violate applicable laws and regulations including the "Act on Regulations of Standardized Contract" and the "Act on Promotion of Information and Communication Network Use and Protection of Information" (the "Information and Communication Network Act").
3.4 Upon modification of these Terms of Use, the Company shall determine the contents and execution date of such modified Terms of Use, give a notice thereof for a reasonable period from at least 7 days prior to such execution date (this means 30 days for the modification of matter disadvantageous or important to Users), and inform existing Users of modified Terms of Use, application date and cause for modification (including an explanation of material matters out of the matters to be modified) in a separate electronic means (including sending email, text message and e-message in Service, posting on the first screen of homepage and floating of notification message). Modified Terms of Use shall come into effect from the execution date which has been publicly announced or informed.
3.5 If the Company makes public notice or notice of modified Terms of Use under the foregoing Paragraph 3.4, the Company shall give a notice that, "When a Member does not agree on such modification, the Member may terminate the agreement within 7 days from the date of such notice (30 days for the modification of matters disadvantageous or important to Users)." Otherwise, the Company shall also give a notice stating that, "If the Member fails to express his or her intent to terminate the agreement, the Member shall be deemed to have agreed to such modification."
3.6 If the Member fails to express his or her intent to terminate the agreement even when the Company clearly makes a notice to the Member that [if the Member fails to express his or her intent to terminate the agreement within such 7 days, the Member shall be deemed to have agreed to such modification], the Member shall be deemed to have agreed to such modification.
3.7 Member's consent to these Terms of Use means a consent that the Member will visit the website and check any modification thereof on a regular basis. The Company is not responsible for any damage incurred by the Member's unawareness of the information of modified Terms of Use.
3.8 If a Member does not consent to the modified Terms of Use, the Company may request the Member to withdraw (terminate) from membership.
Article 4 (Rules other than the Terms of Use)
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4.1 Any matter and construction which is not set forth herein shall be determined by acts established by by the law of the Hong Kong Special Administrative Region of the People’s Republic of China. You agree to submit to the exclusive jurisdiction of the Hong Kong Court.
4.2 Any matter which is not set forth herein shall be determined by applicable laws and regulations, individual standardized agreement of the Service.
Article 5 (Notice to Members)
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5.1 Upon occurrence of matters to be informed to Members, the Company may inform such matters through electronic means (in a way of sending email, text message and electronic message in Service, posting on the first screen of homepage and floating warning message), uploading a notice or posting a pop-up window in the Service.
5.2 Upon giving of such notice as set forth in the foregoing Paragraph 5.1, if a Member fails to express his/her intent to reject in a way as designated by the Company within 7 days thereafter, it shall be deemed that such notice has been delivered to such Member and the Member has consented thereto.
5.3 Any Member not consenting to the content of such notice may request for membership withdrawal to the Company.
Chapter 2. Membership
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Article 6 (Membership, Application and Modification of the Member Information)
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6.1 Any person desiring to join membership and use the Service provided by the Company shall be well aware of the contents of Terms of Use before making consent and give an application for membership by giving the Personal Information necessary for smooth use of the Service provided by the Company and filling out relevant matters in a certain form of membership. If necessary, the Company may request for real-name confirmation and verification through identification institutions.
6.2 Any applicant for membership shall fill out true information while filling membership application and shall be responsible for disadvantages or legally liable for filling out false information.
6.3 The acceptance of any membership applicant may be rejected if: the applicant has been disqualified before; the applicant uses a false name or another person’s name; or any cause for non-acceptance exists.
6.4 The Company may reserve acceptance of a membership application for the reason of room for Service-related facilities and other technical or business reasons and will inform a membership applicant of the result thereof.
6.5 If a Member violates any provision of Clause 14 [Obligations of Users] hereof, the Company may cancel its acceptance of membership.
6.6 A Member may access and make corrections to the part of his or her own Personal Information at any time on the page of “Profile Edition” of Company.
6.7 The Company will not be responsible for any disadvantage arising out of Member’s failure to make such corrections as set forth in the foregoing Paragraph 6.6.
Article 7 (Acceptance to Membership Application)
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7.1 Acceptance to membership shall be formed when the Company gives ID to the membership applicant and informs the person of the commencement of the Service use.
7.2 If the case falls under any of the followings, the Company may not accept such membership application or terminate the use agreement thereafter:
* 7.2.1 when a membership applicant does not use his/her real name or use another person’s name;
* 7.2.2 when a membership applicant fills out false information, omits or makes error in the contents of registration;
* 7.2.3 when the telephone number or email of membership applicant is the same with other Member;
* 7.2.4 when a membership applicant desires to use the Service for the purpose of wrongful use or profit seeking;
* 7.2.5 when the application for use is found as a violation of these Terms of Use, unlawful, wrongful or it is reasonably considered as necessary by the Company;
* 7.2.6 when a membership applicant has been disqualified hereunder except for the cases where 3 years lapse after such disqualification and rejoining membership of such applicant is accepted;
* 7.2.7 The Company may delay to accept the membership application for using the Service until the cause of such delay is released when there is no room for facilities of the Company or technical disturbance of the Company exists;
* 7.2.8 The Company may reject or suspend any acceptance of an application for the use of the Service filed without consent of legal representative (including parents) if the applicant is under 14 or a quasi-incompetent person;
* 7.2.9 any Member may use the Service only when he or she provides email or information necessary for joining membership, and a Member who is not registered with correct information cannot assert any of his or her rights;
* 7.2.10 for joining membership, a Member shall provide correct information with which the Member can be contacted, and the Company may take measures to confirm such information for management and identification;
* 7.2.11 all the ID of the Member who steals information of others for filing an application for the use of the Service shall be deleted, and the Member may be punished under applicable laws and regulations.
Chapter 3. Provision and Use of the Service
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Article 8 (Scope and Hour of the Service Use)
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8.1 The Company may modify or suspend the entire or part of the Service provided if necessary, for its operation or technology including reasonable causes such as changes in its policy related to provision of Service.
8.2 Service shall be provided 24 hours every day unless there are special circumstances including business and technical problems, in principle.
8.3 The Company may set separately the hours available for the Service and, in such event, the Company will give prior public notice on the screen for providing the Service.
8.4 In order to smoothly carry out the Service, the Company may determine and give a prior public notice of the necessary period and suspend the Service: provided that, if emergency measures are unavoidable and necessary, the Company may give a post notice thereof.
8.5 The Company may make correction, suspend and change the entire or part of the Service provided free of charge if necessary, for its policy and operation, and the Company will not give any separate compensation to Members unless otherwise specially stated in applicable laws.
8.6 The paid "Service" is provided only for the "Membership" in which the "Member" has made the payment, and the "Membership" that has not been paid is provided with a free "Service".
8.6.1 If you paid for "Membership" on the TOEFL "Service" page, you can use the TOEFL paid "Service".
8.6.2 If you paid for "Membership" on the IELTS "Service" page, you can use the IELTS paid "Service”.
Article 9 (Suspension and Restriction on Service Provision)
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9.1 If any cause including repair, maintenance, replacement and failure of information and communication equipment such as computer and loss of communication occurs, the Company may temporarily suspend its provision of Service.
9.2 If the case falls under any of the followings, the Company may suspend or restrict provision of Service:
* 9.2.1 when it is unavoidable for system inspection or repair of facilities for optimization of equipment for Service;
* 9.2.2 when it is unavoidable for the repair of service disturbance occurred arising out of the attack of DDoS;
* 9.2.3 when the use of the Service is disturbed due to failure of equipment for Service or flood of the Service use;
* 9.2.4 when key telecommunications service providers required by the Electric Communication Business Act suspend any service of electronic communication service;
* 9.2.5 when it is unavoidable due to national emergency and natural disaster; or
* 9.2.6 when it is considered by the Company as necessary with reasonable cause.
9.3 Upon such suspension or restriction in Service provision under the foregoing Paragraph 9.2, the Company shall inform the Members before or after such occurrence, except for the cases where the Company cannot inform the Members without the fault of Company.
9.4 The contents of the Service may be changed or the Service may be suspended for the reason of termination or modification of agreement between the Company and the publishing company.
9.5 Upon temporary suspension of the Service for the causes as set forth in the foregoing Paragraph 9.4, the Company shall inform Users in a way as set forth in Clause 5 hereof.
9.6 If any Member cannot be provided with the Service for the service period for free pass (flat ticket) Service arising out of the fault of the Company, the Company will again provide the Member with the same and similar Contents.
9.7 If Service cannot be provided for the reasons of transfer of business items, give-up of business, and consolidation between companies, the Company will inform Users in a way as set forth in Clause 5 hereof and compensate to the consumers under the conditions proposed by the Company at the beginning.
Chapter 4. Rights and Obligations of Contracting Parties
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### Article 10 (Obligations of the Company)
* 10.1 The Company makes its best effort in providing continuous and stable Service.
* 10.2 The Company establishes, gives public notice and complies with its Privacy Policy in order to protect the Personal Information (including credit information) so that Members can safely use the Service.
* 10.3 The Company shall not divulge or distribute the Personal Information of a Member to any third person without the consent of such Member except for the followings:
* 10.3.1 when it is required by government authorities under applicable laws and regulation such as the Framework Act on Telecommunications;
* 10.3.2 when it is required for crime investigation or is requested by the Korea Internet Safety Commission;
* 10.3.3 when it is requested under the procedure as set forth in applicable laws and regulations; or
* 10.3.4 if considering any comment or complaint raised by a Member in terms of the use of the Service as justifiable, the Company shall handle such comment or complaint. For such a comment or complaint raised by the Member, the Company will deliver to the Member the process and result of handling through means available to contact the Member.
### Article 11 (Terms of Use and Terms of Use of the Individual Service)
* 11.1 The Company may have separate User Terms of Use in terms of individual Service, and the consent to the Terms of Use separately applicable to individual Service will be gone through a separate consent process if a Member uses initially such individual Service. In such an event, such Terms of Use to the individual Service prevails over these Terms of Use.
* 11.2 Notwithstanding the foregoing Paragraph 11.1, for its policy of the use of individual Service, the Company may give a public notice thereof through the Service, and Members shall be well aware of and comply with such policy.
### Article 12 (Protection of the Personal Information)
* 12.1 In collecting the Personal Information of a Member, the Company collects information necessary at minimum.
* 12.2 In collecting the Personal Information of a Member, the Company obtains the consent of the Member except for the followings:
* 12.2.1 when it is required specially by laws;
* 12.2.2 when it is necessary for performance of e-transaction agreement; or
* 12.2.3 when it is necessary for payment of fee for provision of Service.
* 12.3 The Company shall not use for other purposes without the consent of a Member or provide to a 3rd party the Personal Information of the Member except for the following cases:
* 12.3.1 when it is required specially by the Terms of Use or laws;
* 12.3.2 when it is necessary for payment for Service fee;
* 12.3.3 when it is necessary for preparation of statistics, academic research or market survey and provided in a form where people cannot identify certain individual ; or
* 12.3.4 when it is provided to the company after merger, the company to be acquired, or the transferee of its business in cases where a merger, acquisition, and inclusive business transfer occurs related to the Company.
* 12.4 Members may access or amend their own Personal Information at any time through the Personal Information management system of Service: provided that ID may not be modified.
* 12.5 Upon changes in any entry of membership application form, a Member shall directly make corrections thereof online and shall be fully responsible for any problem caused by failure to make such corrections.
* 12.6 Upon achievement of the purpose of collection and provision of the Personal Information, the Company shall destruct relevant Personal Information of the Member.
* 12.7 Even though the case falls under the foregoing Paragraph 12.6, the Company may retain the Personal Information for a certain period as an exception to the extent that the Company obtains consent from a Member or is required to retain such Personal Information for a certain period under applicable laws and regulations.
* 12.8 The Company shall carry out by itself the duties of handling and management of the collected Personal Information, in principle but, if necessary, may allow its contractors to carry out the entire or part of such duties, and the details of such contractors may be checked through the ‘Privacy Policy’ on the homepage of Company.
* 12.9 If there is no history of the use of the Service for consecutive 1 year from the last date of use, the Company may delete permanently the information of a User under the provisions of the ‘Act on Promotion of Information and Communication Network Use and Protection of Information’: provided that, if the User owns paid up product, the User shall not be subject to such deletion and, if necessary for preservation under applicable laws and regulations, the Company will retain the information of the User for a certain period as prescribed in applicable laws and regulations.
### Article 13 (Members’ Obligation to Management of ID and Password)
* 13.1 Members shall be fully responsible for managing their ID and Password.
* 13.2 In terms of ID and Password of Member, the Member shall be fully liable for the result arising out of his or her negligence in management and wrongful use of ID and Password given to him or her.
* 13.3 Upon wrongful use of his/her ID, the Member shall inform the Company without fail.
* 13.4 Members shall be responsible for all the disadvantages arising out of their failure to inform as set forth in Clause 14 [Obligations of Users] hereof or failure to respond to the measures of Company.
### Article 14 (Obligations of Users)
* 14.1 While using the Service, a Member shall not:
* 14.1.1 wrongfully use the ID of other member;
* 14.1.2 allow others to use his/her ID and the Service;
* 14.1.3 transmit massive information and disturb stable operation of Service;
* 14.1.4 reproduce the information from the Service for other purposes than fair use, use in publication or broadcasting or provide to a 3rd party without prior approval of Company;
* 14.1.5 infringe or attempt to infringe on the intellectual property right and other rights including copyright of a 3rd party;
* 14.1.6 spread to others the information, sentences and figures which are against public order or public morals;
* 14.1.7 commit any act which is objectively considered to be involved in a crime;
* 14.1.8 disclose or post in the Service any information against public order or public morals including obscene or violent message, image and voice;
* 14.1.9 send consultation contents in the Customer Service Center which constitute swear words, verbal abuse, and sexual harassment;
* 14.1.10 violate the operational policy of the Company and other applicable laws and regulations;
* 14.1.11 wrongfully use the Service Fee;
* 14.1.12 reproduce, disassemble or copy and make other alteration of the Service through all the processing acts including reverse-engineering, decompiling and disassembling; or
* 14.1.13 make server load and disturb normal Service of the Company by using the Service in other ways than normal one including the use of automatic access program.
* 14.2 Members shall comply with the provisions hereof, how to use or cautions.
* 14.3 Members shall comply with the matters posted in the notice board of the Service or separately announced by the Company.
* 14.4 Members shall not transfer, give or provide as security their right to the use of the Service or their status under the use agreement to others without express consent of the Company.
* 14.5 Members shall not use the Service provided by the Company for other purposes than the one initially intended. Otherwise, if a Member violates this, the Company may restrict Member’s use of the Service or impose sanctions against the Member including deletion of ID, and accusation to investigation agencies under these Terms of Use and the operational policy of each Service.
* 14.6 Upon Member’s violation of the foregoing Clause 14 [Obligations of Users] hereof, the Company may terminate these Terms of Use or restrict on the use of the Service without giving prior notice.
* 14.7 Upon such termination or restriction under the foregoing Paragraph 14.6, the Company will inform Members except for the cases where the Company cannot inform Members without the fault of Company.
Chapter 5. Membership Withdrawal and Disqualification
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### Article 15(Termination of the Use Agreement)
* 15.1 Any Member requesting for suspension of the Service shall make an application by him/herself or his/her legal representative for withdrawal of membership under the process as requested by the Company.
* 15.2 Upon confirmation of such application for withdrawal of membership, the Company will promptly handle the process of membership withdrawal and discard the Personal Information of a Member without delay upon completion of such withdrawal except for the cases where the Company retains the information of the Member under applicable laws and its policy of handling of the Personal Information.
* 15.3 Any posts or comments written by a Member shall not be deleted upon withdrawal of membership, and since the author cannot be identified after withdrawal of membership due to deletion of Personal Information of the Member, it is impossible to edit and delete posts that were written by the Member. If a Member wants to delete a post they wrote, he/she shall delete the post prior to the withdrawal of membership. The authority to manage a post that was not deleted before the withdrawal of membership shall be transferred to the Company.
* 15.4 Members must request a refund before requesting for account termination. A refund is not possible if the account is already terminated.
### Article 16 (Disqualification and Suspension of Membership)
* 16.1 If a Member commits any act violating Clause 14 [Obligations of Users] hereof, the Company may disqualify or suspend the Member through warning, temporary suspension and permanent suspension of use without giving prior notice.
* 16.2 Upon Company’s disqualification or restriction on the membership of Member, the Company will inform the Member except for the cases where the Company cannot inform the Member without the fault of the Company.
* 16.3 Upon Company’s disqualification or restriction on the membership of a Member under the foregoing Paragraph 16.1, the Company may suspend all the use of the Service provided by the Company against such Member, and the Member shall not request the Company to refund the payment for the Service after such suspension.
* 16.6 If the use of the Service is restricted under this Clause and the agreement is terminated, the Company will give a notice under the policy as set forth in Clause 5 [Notice to Members].
* 16.7 A Member may make an objection under the process as established by the Company in terms of restrictions on the use under this Clause and Paragraph 14.6. If the Company considers such objection as justifiable, the Company will resume the use of the Service immediately.
* 16.8 Upon restriction of the use of the Service under this Clause, all the benefits received through the use of the Service are suspended or extinguished, and the Company will not separately compensate there for.
Chapter 6. Miscellaneous
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### Article 17 (Copyright)
* 17.1 Any right including the intellectual property right to the trademark, logo, the ‘Contents’ produced by itself and advertisement shall be owned by the Company. Members shall not use or have a 3rd party to use any information acquired from using the Service provided by the Company for profit seeking, non-profit purpose in a way of reproducing, transmitting, publishing, distributing and broadcasting without prior approval of Company.
* 17.2 A Member shall be fully responsible for the posts uploaded by him or her in the community including forum and blog.
* 17.3 Any post uploaded by a Member in the Service may be exposed to search service and related promotion and may be posted after partially corrected, reproduced and edited within scope necessary for such exposure.
* 17.4 If a post uploaded by a Member in the Service infringes any copyright, program copyright of others, the Member may make a report thereof through the ‘Customer Center’ operated by the Company. The Company may review the contents of such a report and delete the post.
* 17.5 In order to protect the copyright of the Company or a 3rd party, the Company may use a program which detects and automatically blocks the execution of software on the wired or wireless devices of a Member when the Member uses the Service.
* 17.6 If there is any copyright infringement concerning the works of the Company, such infringement may be punished in accordance with Articles 136, 137, 141 and 142 of Chapter 11 of the Copyright Act and the work of the Company subject to the infringement may be confiscated pursuant to Article 139 of Chapter 11.
* 17.7 The contents of inquiries made by a Member may be extracted and stored in a separate form which cannot be restored.
### Article 18 (Copyright to Post)
* 18.1 In receiving the data as set forth in Clause 3 hereof from a User, the Company does not request the User to provide any literary work or Personal Information of the User or a 3rd party including original author, and the Company is not obliged to examine whether any literary work or Personal Information exists in the data provided by the User or not.
* 18.2 Even if a User includes any literary work or Personal Information of the User or a 3rd party for any reason in the data, the Company cannot know that it is an literary work or Personal Information and, even such literary work or Personal Information is included in the original text, translated one and provided data as intended by the User, this is not arising out of intentional conduct or negligence of the Company.
* 18.3 If any literary work of a User exists in the original text provided by a User, the User shall be deemed to have allowed the Company to use for profit seeking including Company’s granting to a 3rd party a license to use such literary work.
* 18.4 Any Posts provided by a User while using the Service can be used as other User's study material and the User shall be deemed to have consented to this by agreeing to the Terms and Conditions before signing up.
* 18.5 Even if a User inputs any copyright or Personal Information of the User or a 3rd party for any reason in the posts provided while using the Service, the Company does not consider such input as a reproduction of literary work or collection of the Personal Information by the Company.
* 18.6 Should any content suspicious as the Personal Information in the data be discovered, the Company may arbitrarily correct or delete such content whatever such content is likely to be the Personal Information or not: provided that this does not mean that the Company assumes any responsibility for such Personal Information which exists in the original text provided by a User.
* 18.7 Any copyright, intellectual property and author’s moral right to and on all the posts generated through the Service shall be reverted to the Company.
* 18.8 Should any literary work or Personal Information be discovered in the original text provided by a User, the User may delete such work or Personal Information and provide the text again to the Company.
### Article 19 (Damage)
* 19.1 The Company or Members may claim against other party for damage arising out of the fault of other party: provided that the Company will not be liable for any damage caused by obstacle in free Service, suspension of provision, loss, deletion or alteration of retained data, etc.
* 19.2 A Member shall be liable for the damage incurred by the Company or a 3rd party arising out of the Member’s violation of these Terms of Use.
### Article 20 (Subscription Withdrawal and Termination of the Agreement)
* 20.1 A Member entering into a use agreement for the Service may withdraw the subscription or terminate agreement (the “Subscription Withdrawal”) within 7 days from the date of formation of the use agreement or, if the concluded use agreement is differently executed from the one intended, within either 3 months from the date when the use of the Service is available or 30 days from the date when he or she knows or could have known such fact that such use agreement is differently executed from the one intended.
* 20.2 Should the Subscription Withdrawal be not available; the Company shall take any of the following measures:
* 20.2.1 include in the items of indication the fact that the paid-up Service is unavailable for Subscription Withdrawal;
* 20.2.2 provide the product to be used in test; or
* 20.2.3 provide a way of temporary use or partial use.
* 20.3 If the case falls under any of the followings, a Member may terminate the Service use agreement:
* 20.3.1 when any goods purchased by the Member is not provided or the contents of goods differs from the agreement or strikingly differs from the labeling or advertisement;
* 20.3.2 when the Service use is not available even though minimum technical specifications suggested by the Company are satisfied;
* 20.3.3 when normal use of the Service is not available due to deficiency in the Contents provided by the Company; or
* 20.3.4 when the paid-up Service is hard to be used arising out of the fault of the Member including simple change of his or her mind.
* 20.4 The withdrawal of subscription and termination of agreement shall come into effect when a Member expresses his/her intent thereof to the Company by giving or sending telephone call or email.
* 20.5 Upon receipt of Member’s expression of his/her intent to withdraw subscription and termination of agreement, the Company replies to the Member.
### Article 21 (Effect of Member’s Subscription Withdrawal and Termination of the Agreement)
* 21.1 In response to Member’s expression of intent to Subscription Withdrawal, or termination of agreement, the Company shall refund the payment for the Service at least 3 business days after receipt of such expression in the same way of such payment and give prior notice if such refund is not available in such way: provided that, for the payment mean requiring confirmation of receipt, the refund shall be made within 3 business days from the date of confirmation of receipt.
* 21.2 For such refund under the foregoing Paragraph 21.1, the Company shall follow this Clause 21 hereof, and the cancellation and refund regulations shall comply the law of the Hong Kong Special Administrative Region of the People’s Republic of China.
* 21.3 The Company may establish a separate rule for cancellation and refund and, in such event, the cancellation and refund provisions of separate agreement and terms of use prevail.
### Article 22 (Payment)
* 22.1 Payment falls under the following:
* 22.1.1 In case of a paid Service that is paid based on a one-time payment made by a Paid-Up Member, the paid Service plan will be activated immediately upon successful payment.
* 22.1.2 The One-Time Payment Service is provided for the duration specified at the time of purchase.
* 22.1.3 The One-Time Payment lasts until the end of the specified duration. A "Member" can request a refund and terminate the service before the end of the specified duration, subject to the Article 24 (Refund).
* 22.1.4 In some cases, for example if the payment method has not been settled successfully, the payment may fail, and the service will not be activated.
* 22.1.5 The amount charged for the One-Time Payment is a fixed amount specified at the time of purchase.
* 22.1.6 In cases where there is a payment failure, members will receive an email informing them about such failure. The service will not be activated in such cases.
* 22.1.7 New payment for the One-Time Payment is possible to either prolong the duration of current Service plan or to make a payment for another Service plan in case Member's plan provided by the Service was deactivated due to expiration.
Article 23 (Discount Code)
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* 23.1 The Discount Code is the code you enter to receive a discount when you pay for a "Membership".
* 23.2 The validity, discount amount, and method of using the discount code vary for each code and can be checked through instructions provided for each code. Details such as the conditions for providing discount codes or the usage of discount codes shall be in accordance with the policy set by the Company.
* 23.3 Discount codes cannot be redeemed for cash and the amount discounted through the use of a discount code is non-refundable.
* 23.4 A discount code expires when the specified expiration date passes or the service contract ends.
* 23.5 A discount code is non-transferable, non-inheritable, and cannot be lent to others or used for collateral purposes unless authorized by the Company.
* 23.6 If the Company suspects that a discount code was obtained by fraudulent means, the Company will notify the Member of the case, investigate, and take the appropriate actions to resolve the case. Failure to comply with the investigation may result in withdrawing the discount code, losing access to TEST SUCCEED or other legal consequences in accordance with the law of the Hong Kong Special Administrative Region of the People’s Republic of China.
* 23.7 The Company reserves the right to modify the operating policy of the discount code depending on the Company policy. However, the Company shall not change the discount code already provided to Members in a way that is unfavorable to Members.
### Article 24 (Refund)
* 24.1 the Company grants a refund if:
* 24.1.1 the Company cannot provide the Service;
* 24.1.2 a Member requests to receive a refund and the Company accepts this request.
* 24.2 For all paid Services of the Company, refunds can only be requested if the Member has no record of using the paid Services within 7 days of purchase. Any refund requests shall be made within 7 days of purchase; no refund shall be granted for requests made after the first 7 days.
* 24.3 After the refund request is received, the Company will process the refund request of the Member within three days.
* 24.4 Service Fee for the paid service that is purchased is available for refund, and the Service provided free of charge is not refundable.
* 24.6 Any refund may be made after excluding certain financial fees and costs for the Service provided free of charge.
* 24.7 Separate rules of cancellation, modification and refund may exist for each Service such as events and promotions and, in such Service, such rules prevail.
* 24.8 Cancellation and refund are handled after the Company confirms them, and time may be required for completion of payment with credit card, real-time account transfer and payment with mobile phone under the standards for refund of the credit card company, bank and telecommunication company.
* 24.9 If the Company, the person receiving the Service Fee or the Member and the person entering into the use agreement are not the same person, respectively, each of them shall be jointly and severally responsible for performing their obligations related to refund due to Subscription Withdrawal or termination of agreement.
* 24.10 Details of the refund rule for the Service apply mutatis mutandis the service use guide or the detailed contents guided in the notes provided when a User purchases the right to use.
* 24.11 The commencement of the Service use shall be deemed as the point of time when a Member accesses any and all the Service provided by Hitthetest.
* 24.12 Refund is not possible if you are not a Member. If you have terminated your account, you are no longer a Member.
### Article 25 (Overcharge)
* 25.1 Upon occurrence of overcharge (wrongfully charged rate), the Company shall refund all the overcharge in the same way of paying Service Fee: provided that, if the refund in the same way is not available, the Company shall give prior notice thereof.
* 25.2 If any overcharge arises out of the fault of the Company, the Company shall refund fully such overcharge regardless of costs for agreement and fees: provided that, if the overcharge arises out of the fault of the Member, the costs for refund incurred by the Company shall be borne by the Member.
* 25.3 The Company may additionally charge undercharged amount to the Member who has paid undercharged usage fee (who paid costs less than the one to be paid), and the Service may be suspended and the period for providing the Service may be reduced if the Member does not respond to the charge for undercharged fee.
### Article 26 (Indemnification)
* 26.1 If the Company cannot provide the Service due to a natural disaster or force majeure caused by the natural disaster, the Company shall be discharged from its responsibility for providing the Service.
* 26.2 The Company may modify the Service if necessary for operational or technical need. The Contents of the Service to be modified and provision date are either posted at the homepage operated by the Company or informed to Members through e-mail: provided that the Company may give post notice thereof if unavoidable circumstances including occurrence of fatal bug, deficiency of server devices and solving of urgent security problems exist.
* 26.3 The Company is not responsible for any disturbance in the use of the Service arising out of the fault of the Member.
* 26.4 The Company is not responsible for the credibility of facts posted by Members in the Service or accuracy of information or data.
* 26.5 The Company is not liable for the damage arising out of willful misconduct or negligence of Members including insufficient entry of the personal information and e-mail address out of the damage incurred by the Members in terms of the use of the Service.
* 26.6 The Company shall be discharged from its liability for the damage caused by the suspension of electrical communication services or failure to normally provide such services made by key telecommunications service providers.
* 26.7 The Company shall be discharged from its liability for the damage caused by unavoidable causes including repair, replacement, regular inspection and construction work of equipment for the Service.
* 26.8 The Company shall not be liable for Member’s failure to gain or loss of expected profits from the use of the Service.
* 26.9 The Company shall not be liable for the damage caused by the data acquired by a Member in using the Service. In addition, the Company shall not be liable for mental damage incurred by the Member from other Members in using the Service.
* 26.10 The Company is not obliged to interfere to or shall not be liable for the damage from the dispute between Users and a User and a 3rd party arising out of the medium of Service.
* 26.11 The Company shall not be liable for the damage related to the use of the Service provided to Members free of charge.
### Article 27 (Dispute Resolutions)
Any legal dispute between the Company and a Member shall be resolved under the laws of the law of the Hong Kong Special Administrative Region of the People’s Republic of China. . Any suit on the dispute between the Company and a Member shall be filed with the exclusive jurisdiction of the Hong Kong Court.
[Supplementary Rules] These Terms of Use shall apply from 1st day of February, 2024.