Section 1. Purpose
This Terms of Use Agreement (the “Agreement”) stipulates the rights and responsibilities of members in using information services (hereinafter called “Service”) and the website www.couple.net(hereinafter called “Website”) provided by Sunoo, Inc. (hereinafter called “Sunoo”).
Section 2. Definition of Terms
1.Member: (a) One who registers for Sunoo’s Services by executing this Agreement and complying with the eligibility requirements stated in Section 3
(b) A participant in any online or offline event of Sunoo (c) Anyone who uses wedding and other services provided by Sunoo.
- Never Married Member: Person who has never been in a registered or common-law marriage anywhere in the world.
- Divorced/Widowed Member: Person who has previously been legally married but is currently not in a registered or common-law marriage anywhere in the world.
2.Personal information for marriage: Personal information considered to be critical for matchmaking and/or marriage such as education level, occupation, date of birth, family background, contact information, photo, and miscellaneous profile information.
3.Matching: The process of searching for and selecting potential marriage partners for a Member. Recommendation by Sunoo of a profile of a partner for a Member in accordance with the service plan selected by the Member.
4. Meeting: Actually meeting a partner recommended by Sunoo or proposed to by the member after exchanging contact information.
5. Special Consultant Matching Service: A service in which a Match Consultant searches and recommends compatible matches for members.
6. Online Matching Service: A service (Self-Matching, Personality Matching, Group Matching) in which a Member directly searches for partner through Sunoo’s Website and arranges a meeting between the parties without the assistance of a Match Consultant.
7. Recommended Matching Service: A service in which matches are recommended by Sunoo and members pay a fee only upon confirmation of meeting.
8. Profile Verification Service: Service provided by a company for a fee to obtain background verification documents regarding members.
Section 3. Eligibility
1. You must be at least 18 years old to register for the Service and/or to use the Website. By using the Service and/or the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and that you agree to abide by all of the terms and conditions of this Agreement.
2. To become a member, you must be legally single. If you have been married or been in a de facto marriage (co-habitation), you must disclose such facts. A divorced or widowed person cannot register for membership as “never married.” You are fully responsible for any civil or criminal consequences causedby falsifying information regarding past or present marital status.
3.To become a member, you must provide the required personal information to Sunoo. You are fully responsible for any civil or criminal consequencescaused by submitting false information.
4.By registering to use the Service, you represent and warrant that you have never been convicted of a felony and are not required to register as a sexoffender with any government entity. Sunoo does not currently conduct criminal background screenings on its members. However, Sunoo reservesthe right to conduct a criminal background check at any time if deemed necessary, using available public records, to confirm your compliance withthis subsection.
Section 4. Clear Statement and Amendment of Stipulation
1. To become a Member of Couple.net and to use its services, you must read and agree to this Agreement and Sunoo's Privacy Policy. Whether or not you become a member of Sunoo, by using its services, you are agreeing to be bound by the terms of this Agreement and Privacy Policy.
2. Sunoo may change the terms of its Agreement at any time without notice as long as it does not violate the customer protection laws of the Republicof Korea.
3. The last updated version of the Agreement is the effective version. However, members who signed up for Couple.net under an earlier version ofthe Agreement may, by written request within 15 days of the amendment, request to be held under the terms of the amended Agreement.
Section 5. Services Provided
1. Sunoo provides the following services to Members.
① Marriage counseling for Members and providing information regarding marriage through the internet.
② Recommendation and introduction of Members, and organizing of events facilitating introductions.
③ Monitoring personal information of Members related to marriage.
④ Other services related to marriage.
2. Members shall pay separate fees for each service that they desire, including the online matching service and other services. The fee and frequency of use of the Special Consultant Matching Service shall be determined by an agreement with Sunoo separate from this Agreement.
3. All service credits are valid for 6 months from the date of purchase. However, the service period for Special Consultant Matching Service depends on individual Service Agreement terms.
4. Sunoo may limit or stop providing all or part of its services in case normal usage of the service becomes impossible due to repair of equipment, electricity failure, equipment trouble, excessive use of service, change of services for new items, national emergency, Acts of God, or other events of force majeure.
Section 6. Rights of a Member
1. A Member may use all services for which fees have been paid during their valid period. However, for Special Consultant Matching Service, members can only receive the number of matches specified in their service agreement.
2. In the event that a Member cannot be provided with service and their contracted period elapses due to causes attributable to Sunoo, such member
may request an extension of service period (and the performance of remaining service).
3. Only Special Consultant Matching members can transfer his or her right of membership to another person for the remaining service period with a new service agreement.
Section 7. Responsibilities of a Member
1. Members shall provide Sunoo with accurate and truthful personal information and submit documentation relating to marriage and must disclose all information regarding previous marriage history, military history, credit situation, criminal history, and any other information that can influence marriage life.
2. In the event of any changes to personal information, the Member shall notify Sunoo within 15 days of the change. Match consultant members may notify their match consultant directly of any profile changes.
3. A Member shall behave appropriately and respectfully during a meeting.
4. In the event that a Member starts meeting with a partner through Sunoo’s Service, such Member shall notify Sunoo within 1 month of starting to meet. If marriage results from such meetings, the Member shall notify Sunoo regarding same.
5. Sunoo provides compatible matching services for members and does its best to ensure reliability of profile information. But ultimately, the Member is solely responsible for verifying and investigating their background of any person that he or she meets or marries.
Section 8. Directions for Member’s Use of Internet Information Service
1.In the event that a Member uses internet information services provided by Sunoo, an ID and password shall be created and controlled by the Member.
2.A Member shall not allow a third party to use his or her ID or password. If a Member has his or her ID or Password stolen or is aware that a third party is using them, such Member shall notify Sunoo immediately and comply with further directions from Sunoo.
3. Sunoo may provide information regarding matching or announcements from time to time by SMS method to members through email, letter, fax, phone, or text message. A member automatically agrees to receive any notice or announcement by Sunoo to a Member via these methods.
Section 9. Disclaimer of Warranty, Limitation of Liability, Indemnification
1. Disclaimer of Warranty: Sunoo provides the Services on an “As Is” and “As Available” basis and grants no warranties of any kind, whether express, implied, statutory, or otherwise with respect to its Services or Website (including all information contained therein), including any implied warranties of merchantability, fitness for a particular purpose or non-infringement. Sunoo does not warrant that your use of the Services will be secure, uninterrupted, always available, error-free, or will meet your requirements, or that any defects in the Services will be corrected. Sunoo disclaims liability for, and no warranty is made with respect to, the connectivity and availability of the Services.
2. Limitation of Liability : In no event will Sunoo be liable for any incidental, special, consequential, or indirect damages arising out of or relating to the use or inability to use the Services, including, without limitation, damages for loss or corruption of data or programs, service interruptions and procurement of substitute services, even if Sunoo knows or has been advised of he possibility of such damages.
3. Under no circumstances will Sunoo’s aggregate liability, in any form of action whatsoever in connection with this Agreement or the use of the Services or the Website, exceed the price paid by you for your membership.
4. Indemnification : You agree to indemnify and hold Sunoo, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website or the Service in violation of this Agreement or arising from a breach of this Agreement or any breach of your representations and warranties set forth in this Agreement.
5. Each Member is responsible for investigating the detailed personal information regarding possible partners introduced by Sunoo, and Sunoo is not responsible for any circumstances that occur between members after exchange of their contact information.
Section 10. Termination of Contract
1.The contract between Sunoo and Member shall be terminated by the occurrence of any of the following:Termination of contract by either party.Death of the Member, Sunoo declaring bankruptcy, or in the case where the purpose of the contract becomes impossible to achieve.Marriage between Members stated in Section 2, Subsection 1. In this case, “Member” includes anyone who becomes a member of Sunoo as well as online and offline members whose membership elapses over the contracted period.When the service period expires as stated in Section 5, Subsection 3.
2. Sunoo may immediately and without notice terminate the contract of a Member in the following circumstances:
① A Member intentionally or negligently submits a forged or altered document.
② A Member is found to have a physical disability, mental disease, chronic disease, marriage history, bad credit, criminal history, or other circumstances deemed to be unsuitable for marriage.
③ A potential partner of a Member complains more than two times to Sunoo that the Member makes the partner feel uncomfortable, makes the partner suffer indignities, or the Member has failed to attend a meeting set up by Sunoo for the partner and member.
3. Sunoo shall give a two-week notice to any Member acting in the following manner, and if such member does not take measures preventing a reoccurrence of the action, Sunoo may terminate the contract.
① If a member damages the reputation or honor of Sunoo.
② If a member breaches any laws of any jurisdiction or any provisions of this Agreement.4. A Member may terminate their contract at any time without prior notice.
Section 11. Refund of Fee
1. A Member using Special Consulting Matching Service may request a refund at any time during the service period and the specific refund amount shall depend on the individual Service Agreement terms.
2. In cases of online matching service or Recommended Matching service, unused credits shall be refunded as follows: 70% refund within 14 calendar days from the date of purchase. 50% refund within 15 to 30 calendar days from the date of purchase. No refund after 30 daysfrom the date of purchase.
3. Fees are not refunded in the following cases:
① If a Member is dating or married to anyone they met through any of Sunoo's online or offline matching services, including events. This also includes cases of marriage before service renewal.
② After credits have been used.
③ After expiration of service period in accordance with Section 5, Subsection 3 of this Terms of Use Agreement.
4. In case of continuing to meet or communicate with a partner introduced by Sunoo, the request for a refund shall be denied.
5. A member who is in the process of receiving a refund may be restricted from using online services.
Section 12. Compensation
Each Member is responsible for verifying the detailed personal information of matches introduced by Sunoo in accordance with Section 7 Subsection 5.However, Sunoo may pay compensation to a Member according to the below terms if marital status, education, or occupation information about the matched member is found to be false.
① If information regarding someone matched by Sunoo such as education, occupation, or marital status is found to be false before a meeting occurs, that match shall be considered void.
② If false information is discovered after the meeting occurs, 50% of the service fee shall be paid as compensation.
Section 13. Protection of Personal Information
1. Sunoo collects the minimum necessary personal information related to marriage from a Member and also obtains consent from the member or subscriber for membership when collecting information regarding identification.
2. The personal information provided by a Member will not be provided to a third party or used for any purposes other than the following without consent of the concerned member:
① For providing the minimum information regarding a member (education level, occupation, date of birth, family background, contact information, photo,and miscellaneous profile information) necessary to conduct of the business of Sunoo such as giving introductions and providing service.
② For providing information necessary for statistical data, scientific research, or market research regarding identification of a person. ③ For providing information for business cooperation with a subsidiary or affiliate company of Sunoo.
3. If a member whose service period has expired or who terminates their membership with Sunoo requests profile removal, Sunoo will honor the request and make their profile publicly inaccessible. However, we will keep it on file for 5 years after the request in accordance with Article 6 (preservation of transaction record) of the Act of Protecting Consumers in Electronic Transaction.
4. The policy of managing personal information shall be observed regarding the collection, use, and preservation of personal information. See Sunoo’s Privacy Policy for further details regarding this area.
Section 14. Dispute Resolution
1. Sunoo strives to handle any complaints raised by a Member as soon as possible. However, in case it is impossible to handle a situation promptly, Sunoo will notify such Member of the reason and give a reasonable timeframe for resolution.
2. If a dispute occurs between parties regarding this Agreement, both parties agree to attempt a good-faith resolution of the dispute by mediation before resortingto the courts.
Section 15. Jurisdiction and Governing Law
1. Any provisions not expressly stated in this Agreement as well as any interpretations of this Agreement shall follow the laws of the Republic of Korea .
2. For anyone residing outside of South Korea, if there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of New Jersey, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New Jersey, in Bergen County, for the resolution of any such dispute.
For anyone residing in South Korea or anyone residing in South Korea matched with someone residing outside of South Korea, if there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the Republic of Korea, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the courts of South Korea, for the resolution of any such dispute.
[The date of enforcement: Aug. 16, 2010] |