Terms of Service
Smell the Seoul Service Co.have provided this website and our services to provide users like you (“you” or “your”) a website to find and engage an independent intercultural trainer or coach, and gain access to related resources, guides, and instructive material for training the Intercultural Competence. This website (the “Site”) and any information, content, products, and services we provide to you are referenced here together as the “Services”.
You should read the following Terms of Service (these “Terms”) carefully. These Terms describe how we provide the Services. Because these Terms must cover a wide variety of important topics, including how coaching and training may be scheduled and conducted, and your privacy rights about your personal information, your use of the Services are subject to additional terms and conditions in our user policies (each, a “Policy”).
If you are under the age of 18 years old, you may not access or use any of our Services until a parent or guardian has agreed to these Terms on your behalf.
If you are a registered user and want to terminate your account, or wish to access, review, or delete your personal information, please follow the instructions in these Terms, or you may send your request to ‘Smell the Seoul’ by email at email@example.com
Article 1 (Purpose)
These Terms govern your access to, and use of, the Services. The purpose of these Terms is to define the rights and obligations of the Company and its Members. By using any of our Services, you agree to these Terms as a binding legal agreement between you and us.
Article 2 (Definition of Terms)
Capitalized terms used here are defined as follows:
“Service”: Including training materials and other contents of SmelltheSeoul; intercultural competence program and follow-up communication provided by the trainer
"Administrator": The person selected by the Company for overall management and operation of the Services
“Content”: All materials(contents) produced by the Smelltheseoul for training purposes and provided inside and outside the platform, including lesson materials consisting of reading material and questions.
“Posts": Articles, photos, videos, and various files or links in the form of information such as codes, texts, voices, sounds, and images posted on the SmelltheSeoul website by " members" that other "members" can see (e.g. training reviews, etc.)
“Coaching” (hereinafter “Training”): One on One intercultural coaching conducted by a trainer for a “member” through the SmelltheSeoul website
“Training” (hereinafter “Training”): 1:5 Intercultural Competence Group Training conducted by a trainer for a “member” through the SmelltheSeoul website
"Booking": The SmelltheSeoul program is called Booking. One (1) Booking indicates one (1) training program
"Email(ID)": Internet mail account. The Company shall use the "E-mail" address of a Member as a unique “ID” for identification of such Member and the use of the Services by such Member
"Member(Trainee)": A person who has entered into a contract with the SmelltheSeoul website for the use of the Services and/or uses the Services
"Password": a combination of letters and numbers set by the Member in order to ensure that the Member is in conformity with the Email(ID)
“Coaching” (hereinafter “Training”): One on One intercultural coaching conducted by a trainer for a “member” through the SmelltheSeoul website
Article 3 (Effect and Change of Terms)
IF THERE ARE ANY TERMS AND CONDITIONS FOR INDIVIDUAL “SERVICES” OR NOTICES ABOUT USAGE IN ADDITION TO THESE TERMS AND CONDITIONS, THE CONTESTS TAKE PRECEDENCE OVER THESE TERMS AND CONDITIONS.
1. The founder of Smell the Seoul may change these Terms from time to time. Smell the Seoul also reserves the right, in our sole discretion, to modify, discontinue, or terminate any part of the Services, or to modify these Terms, at any time without prior notification.
2. If the founder of Smell the Seoul modifies the Terms, she may post a notification of any changes or modifications to these Terms on the Site at least 7 days prior to the effective date of the change/modification of the Terms (or at least 30 days prior to the effective date of any material change/modification or any change/modification that is unfavorable to Members); she may also send a notification to the email address you used to register a Smell the Seoul account. she will also update the “Last Updated Date” at the top of these Terms. It is your responsibility to review these Terms periodically for updates.
3. If the Member(Trainee) does not expressly indicate its rejection of the change prior to the effective date of the change, then the Member shall be deemed to have agreed to the revised Terms. However, Members may discontinue their use of the Services if they do not agree with the changed Terms. Members are obligated to check if the Terms have changed and the Company shall not be held responsible for any damage caused by any changes to the Terms.
Article 4 (Applications for the Services)
People who wish to use or access the Service must apply to the Company, providing the necessary personal identification information.
The "Company" may request the "Member" to verify the legal name and verify the member’s identity through an institution of authentication.
If you are under 18 years old, your application must be submitted to the Company on your behalf by a parent or guardian.
The Company may reject any application for any reason including the following:
1) The name on the application is not a real name or a fraudulent identity.
2) The application contains false or misleading information or is incomplete.
3) The application does not satisfy any of ‘Smell the Seoul’s requirements.
3) The application shows the intent of undermining decent social conduct and morals; illegal behavior; or pursuit of profit
4) When it is confirmed that a child has applied for use or registered as a “member” without the consent of the legal representative
5) In the event that the applicant has lost “member” status under these terms and conditions within 5 years from the date of application
6) The phone number or e-mail address is the same as a registered “member”
7) If it is found that the application violates other provisions of these terms and conditions or that it is an illegal or unfair application
The “Company” may withhold approval in the event there is a “service” related facility, technology, or business obstacle.
Article 5 (Privacy and Personal Information)
Smell the Seoul is based in the Republic of Korea. Hence, the use of your information is subject to your rights under Korean law. Smell the Seoul provides specific notice to you if needed, so please refer to that notice for information on how we collect and use your personal information.
Article 6 (Change of Agreement)
1. Members may view and modify their information at any time. However, the E-mail(ID) required for Service management cannot be modified.
2. Members shall notify the Company of any changes made by the Member at the time of training, by online modification or by e-mail.
3. The Company shall not be held responsible for any losses, damages or other consequences of any Member failing to promptly notifying the Company of any changes to Member’s contact or other information.
Article 7 (Membership obligations for Email (ID) and Password)
1. As a Member(Trainee), you are responsible for maintaining the security of your Email(ID) and Password. Do not share either your Email(ID) or your Password with anyone else. Smell the Seoul has the right to suspend or restrict the use of your Email(ID) if you believe that your Email(ID) or Password has been breached or compromised, or if the Email(ID) has a risk of being mistaken for the “company” or the operator of the “company.”
2. If your Email(ID) or Password has been breached or otherwise compromised, please contact us immediately.
3. The Company shall not be responsible for any losses, liabilities or damages arising out of any breach or other compromise of your Email(ID) or Password.
Article 8 (Provision of Information and Notice to Members)
1. The Company may provide the Member with a variety of information necessary by the Member during use of the Services by means of E-mail telephone or postal service mail.
2. The “Company” may notify unspecified “members” for 14 consecutive days or more through the main screen of the Smell the Seoul website. However, changes in the terms and conditions or other important matters related to the “member” will be individually notified by e-mail, telephone, letter, etc.
Article 9 (Obligations of the company)
1. The “Company” will do its best to provide the “Service” continuously as stipulated in these Terms and Conditions.
2. The “Company” does not engage in acts that are prohibited by the relevant laws and regulations; the Terms and Conditions or that are contrary to good morals.
3. If opinions or complaints raised by "members" in relation to the use of "service" are recognized as justifiable, the "company" must handle them. For opinions or complaints raised by "members", the processing and results are delivered to "members" by using the notification function in the Ringle platform or by e-mail.
4 "Company" establishes and discloses a personal information policy to protect personal information (including credit information) of "members", maintains a security system for personal information protection, and does not disclose or distribute personal information to third parties without the consent of the person. However, exceptions are made in cases where there is a request from the State or a government agency in accordance with laws, such as for criminal investigation purposes.
Article 10 (Obligations of Members)
1. Members shall not engage in any of the following when using the Service:
1) Provide any false or misleading information to the Company.
2) Steal or otherwise misappropriate any information of any third party.
3) If the debt borne by the “member” in relation to the use of the “service” of the “company”, such as lesson fee, is not paid by the due date
4) Evade or disable the technical protection measures of the “company” for the Smell the Seoul’s website and “services”
5) Infringe the intellectual property rights of the Company, the trainer or any third party.
6) Acts that damage the reputation of the “company”, trainer, and other third parties or interfere with the company’s business
7) Attempt to disrupt the Services in any way
8) Behave in a disruptive manner to any other Member or any other third party.
9) Send any obscene, offensive, sexually explicit, harassing, threatening or violent messages, images, audios or vides etc.
10) Use the Services for any commercial purpose without the Company's consent.
11) Commit any other illegal or unlawful acts.
12) Create more than one personal account.
13) Violate these Terms
13)-1. In the event that a “member” violates paragraphs 1 and 2 above, the “Company” may request correction of correctable matters. If correction is not made within 7 days of the “Company” request for correction, the “Company” may forcibly refund the remaining training bookings of the “Member” and at the same time terminate the use contract and take measures to disqualify the “Member”.
13)-2. In the event that a “member” violates paragraphs 1 and 2 above and there is damage caused to the “company” or a third party such as a trainer, the “member” will not be exempted from liability due to the disqualifying, refund, contract termination measures mentioned above
13)-3. "Member" must secure in advance hardware, Internet, software and other equipment necessary to connect, access, or use the "Service" of the "Company". “Company” does not compensate for any failure to use the company’s service if the failure is due to reasons attributable to the “member.”
13)-4. Members shall comply with all restrictions applicable to the use of the Services that are announced by the Company or that the Company separately notifies to the Members.
13)-5. Members may only use and access the Services for personal training purposes. Members may not use, process or sell any information obtained from access to our Services or any use of any of the Services (including any materials contained therein) for any commercial purposes or to conduct any commercial activities.
Article 11 (Service provision and change)
1. The Company endeavors to make the Services available based on the bookings, subject to limited times when we need to conduct system maintenance or perform upgrades. In addition, some or all of the Services may not be accessible or available as a result of causes outside of our control such as force majeure events and network and/or telecommunications outages.
2. If we believe that some or all of the Services will be unavailable due to system maintenance or upgrades or scheduled network or telecommunications outages, then the Company will use reasonable efforts to provide advance notification to the Members.
3. In an effort to improve our Services and keep them relevant, the Company may make modifications to the Services at any time. If we make major changes to the Services, we will use reasonable efforts to a service announcement. If the “service” is significantly changed or suspended, the “member” may be compensated for unused paid bookings according to the conditions notified in advance by the “company”.
4. "Company" can divide the "service" into a certain sections and specify the available time for each sections separately.
5. In the event of system maintenance, replacement, breakdown of computers, etc., communication interruption, or significant operational reasons, the "administrator" may arbitrarily set the date and time to suspend the provision of the "service"
6. The "Company" may request acceptance of the update of the application installed by the "Member" on his or her mobile device in order to use the "Service".
Article 12 (Bookings and cancellations)
1. Once you sign up for a program, you will need to plan to attend certain program. However, you may make changes and cancellations at any time up to 24 hours before the start of a program. In this cases, “Company” does not provide refunds for your bookings. However, Member may reschedule their sessions at any time without charge.
2. For instructions for booking or taking classes not stipulated above, follow a separate guide page on the Smell the Seoul website.
3. In the event that the “Bookingst” is deleted due to the fault of the “member”, if the “member” has any objection, the “member” must notify the “company”, and if the “member” does not notify the “Company” within a reasonable period of time, or does not follow the instructions of the “company” after notifying the “company,” the "Company" is not responsible for any resulting disadvantages
Article 13 (Price and Refund Policy)
1. Fees for “service” including “Bookings” are applied based on the fee system set by the “company” in advance and are announced on the Smell the Seoul website.
2. The price currency is displayed in WON(Korean currency) or other currency depending on the country where the member is located. The company does not show prices in other currencies.
3. The “Company” may apply some adjustments to the fee scheme before the “Member” pays for the “Bookings” in order to reflect the rapid exchange rate fluctuations. Depending on the region where the member is located, the prices displayed may include sales tax, goods, and services tax or VAT; or tax may be added at checkout.
4. Except as specified below, all amounts paid for lessons are non-refundable. No refunds will be provided for sessions offered free of charge or for sessions that have been completed or for which Bookings have been expired or deducted. For example, no refunds will be provided for any prgoram canceled less than 24 hours of the beginning of the lesson or any less than a student missed).
The Company will provide a refund to Members based on the following:
1) Refunds for paid sessions purchased by a Member can be made if none of the following criteria apply.
(a) No refunds shall be provided after half the applicable sessions period has passed. For example, for a 3 sessions package (hours), no refund will be granted after 1.5 sessions packages.
(b) No refunds shall be provided after half the applicable sessions have been used. For example, if a Member buy one program(half a day training ( 4 hours)), then no refund will be grants after 2hours.
(c) The Company does not refund for any sessions for which the Member has attended or for which a certificate of attendance was issued.
(d) The Company does not provide refund for bookings purchased during an sessions that offers benefit other than a price discount after the customer has used the benefit
(e) The company does not refund bookings of a deleted account
2) If a refund is applicable, then the refundable amount shall be based on the following formula.
(a) If the Member has not yet started any sessions before 7days, then a full refund will be given.
(a) Actual payment amount: Net payment amount excluding points and discount coupons used for payment
(b) Amount of used Bookings:
Paid “Bookings programs”: Calculated as the ratio of the number of exhausted “Bookings(sessions)” to the total number of “Bookings(sessions)” from the amount actually paid
Free “Booking programs”: Calculated at the official retail price set by the “Company"
3) Other precautions
(a) In principle, refunds are made to the method of payment, but refunds may be made by other means with the consent of the "company" and "members".
(b) The refund amount will be paid in the same currency as the initial payment.
(c) If currency conversion is required upon refund, the exchange rate at the time of the refund will be used, not the exchange rate at the time of payment.
(d) During a refund, fees for payment methods such as bank, credit card company, paypal, etc. may be deducted and refunded.
(e) In the case of a “Bookings” provided through a third party, refunds may be rejected according to the refund policy of the “service” provider.
Article 14 (Extension and Termination)
The Company will extend the validity period of any Bookings or Package as follows:
You may apply for an extension of the validity period of a Package when you may make changes and cancellations at any time up to 24 hours before the start of a program. For ex ample, in the case of 3 sessions package(6hours), you may apply for an extension of the validity period within a year (stardard from your purchase date), and you can select certain sections among the timetable.
Article 15 (Restrictions on Use and Restriction of Copyright)
1.The Company shall at all times retain all right, title and interest in and to all intellectual property rights associated with or incorporated in the Services and any software or other technology used to provide the Services. Without limiting the generality of the foregoing, all copyrights and all other intellectual property rights with respect to any works of authorship created by the Company or any of its personnel shall be and remain the exclusive property of the Company.
2.The Member shall not acquire any intellectual property rights as a result of any use of the Services.
3.The Services are provided solely for the Member’s personal learning use. You shall not reproduce, modify, transmit, publish, distribute, broadcast, create derivative works of, or otherwise use all or any portion of the materials presented, accessed or otherwise obtained through use of or access to any of the Services.
4.The Company implements its non-disclosure agreement (NDA) with a trainer on the outcome of the service activities to ensure that the data / data are not exposed outside the customer information. However, data / materials are stored in a form that is not personally identifiable, and the company has the right to use the data / data for research and tool development purposes. The tools are available for developing learning programs, with the member's consent, or for features provided free of charge.
5.The management and use of “posts” left by “members” on the Smell the Seoul webstie are done as the following:
1) When a “member” publishes a “post” on the Smell the Seoul website, it is deemed that the “company” or other “member” has been permitted the rights to use and re-use the post. The “posts” can be used on search engine results, promotion for services as well as be partially modified, duplicated, edited within the scope necessary for such exposure. "Members" can take actions such as deletion of the "post" at any time through the customer consultation channel of the "company" or the management function within the Smell the Seoul website.
2) The “Company” may change or transfer the placement of the “Post” for reasons such as the “Service” policy or the operating policy of the “Smell the Seoul website” operated by the “Company”.
3) The “Company” may take restrictive measures such as deleting the “post” if the ”post” contains the content that
(a) Infringes privacy, causes defamation, contains language abusive or offensive to others
(b) Causes displeasure to others by hindering public order and morals or demeaning certain groups or religions
(c) infringes on the rights of others with unconfirmed or unfounded content
(d) infringes another's copyright
(e) contains other people's personal information
(f) are repetition of other posts
(g) interferes with the smooth provision of the “service” of the “company” by posting malicious codes, etc.
Article 18 (Termination of Contract and Restriction on Use of Services)
1.If a Member wishes to terminate their access and use of the Services, then the Member must apply for termination through the Service.
2.The Company may terminate a Member’s use of or access to the Services as provided in Article 4 and Article 10. Further, the Company may suspend or restrict a Member’s use of or access to the Services. If the Company intends to restrict use of or access to the Services, the Company shall notify the Member by e-mail or other means by setting the reason, date and other matters. However, the Company reserves the right to restrict or suspend use of or access to the Services without notice and with immediate effect if the Company deems such immediate restriction or suspension necessary to protect the Company, the Services, the Member or any other Member.
3.A Member who has been notified of a restriction or suspension may appeal such restriction or suspension by providing written notice to the Company as set forth in the notice. In the appeal, the Member shall use reasonable efforts to respond to the stated reasons for the restriction or suspension, including providing relevant evidence. However, the Company retains sole discretion whether to continue or remove any restriction or suspension.
4.If the reason for suspension of use is resolved during the period of suspension of use of the “member”, the “Company” may cancel the suspension of use.
Article 19. (Services Availability and Warranties)
While we endeavor to make our Site and Services are safe, accurate error-free, complete, and available to you, we cannot guarantee that our Site or Services will always be safe, secure, or error-free.
We will use all commercially reasonable efforts to ensure the Site and Services are available based on your bookings, except in the event of scheduled maintenance or special circumstances, such as service interruptions affecting our Site hosts or our service providers, or other causes including natural disaster, governmental orders, or similar causes which are beyond our reasonable control.
Article 18 (Limitations on Liability and Release)
IN NO EVENT SHALL THE COMPANY, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST DATA, LOST PROFITS, OR FOR SERVICE INTERRUPTIONS, HOWEVER ARISING, AND WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, WHICH ARISE OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
EXCEPT AS EXPRESSLY SET OUT IN THERE TERMS, WE WILL NOT BE LIABLE TO YOU FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH YOUR INABILITY TO USE THE SERVICES OR ANY OTHER PART OF THE SITE OR ANY CONTENT AVAILABLE THEREIN AS A RESULT OF SUSPENSION OR TERMINATION OF YOUR ACCOUNT OR ACCESS TO THE SERVICES, OR FOR ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME, UNAVAILABILITY OR INOPERABILITY OF THE SERVICES FROM ANY CAUSE BEYOND OUR REASONABLE CONTROL.
Limiations of liability or exclusion of liability for incidental or consequential damages may not appy by law where you reside, so the above limiations or exclusions may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
Article 19 (Indemnity)
The Company shall not be liable for any damages incurred by the Member in connection with the use of any of the services provided free of charge. You agree to defend, indemnify, and hold Company, its affiliates and each of their respective officers, directors, managers, owners, employees, agents, successors and assigns harmless from and against any claims, actions, suits, losses, costs, liabilities and expenses, including reasonable attorneys’ fees, relating to, or arising out of, or in any way connected to, (a) your access, use or misuse of the Services or any Content available therein, (b) your breach of these Terms or any document or policy incorporated by reference into these Terms, or (c) any third-party website or services which is linked to our Services. Notwithstanding your obligation to indemnify us, we will have sole control of the defense to any claim brought against us, in which case you agree to assist us and cooperate in the defense to the claim.
Article 20 (Force Majeure)
The Company shall not have any liability arising out of any force majeure events including, without limitation, natural disasters, war, terrorism, insurrection, acts of God, pandemics, strikes, telecommunications failures as well as other events and circumstances outside of the control of the Company.
Article 21 (Severability)
Except as otherwise stated in these Terms, if a court of competent jurisdiction finds that any provision of these Terms, or compliance with any of its provisions, is unlawful or unenforceable, then the provision will be modified to the extent required to make it lawful and enforceable. If such modification is not possible, then the unlawful or unenforceable provision will be severed from the Terms and the remaining provisions will remain in full force and effect to the maximum extent consistent with applicable law.
Article 22 (Questions, Comments & Support)
If you have any questions or comments about these Terms or the Services, please contact by email at firstname.lastname@example.org. You can receive our current mailing address and phone number for any questions by emailing support.
Article 23 (Special Notices)
For Users Outside the Republic of Korea: Smell the Seoul strive to create a protected community with consistent standards for everyone, but we also respect local laws. The following provisions apply to users and non‐users who interact with the Company and the Services outside the Republic of Korea:
You consent to having your personal data transferred to and processed in South Korea. If you are located in a country embargoed by the Republic of Korea, or are on the Korean Ministry of Foregin Affairs's list of Specially Designated Nationals you agree that you will not engage in commercial activities through our Services (such as advertising or payments) or operate any application or website in connection with our Services. You may not use our Services if you are prohibited from receiving products, services, or software originating from the South Korea.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE, ACCESS, OR REGISTER FOR THE SITE OR USE ANY OF OUR SERVICES.