Terms of Service

Chapter 1. Welcome Observers.

Article 1. Purpose

These Terms and Conditions define Observer Foundation’s (hereinafter referred to as "Company") rights, duties and responsibilities between the Observer Foundation and its users and with the use of the Services provided on the websites and mobile applications operated by the Company and other related matters.

Article 2. Definitions

  • 1.

    Observer: It is a virtual business place set up by the Company by using computer or other IT devices, and it is also used as a means of operating the website and mobile application.

  • 2.

    Users: Members and non-members who access the Observer and receive Services provided by the Company and accept these Terms and Conditions.

  • 3.

    Member: A person who has provided personal information to the Company and registered as a member, and who can continue to use the Observer Services provided by the Company.

  • 4.

    Non-members: Those who use Services provided by the Company without joining as a member.

  • 5.

    ID: An e-mail address and a nickname of the member which is set by the member and approved by the Company and used to identify the member.

  • 6.

    Password: It is a combination of letters and numbers set by the member and approved by the Company to confirm the identity of the member and to protect the member information.

  • 7.

    Service: Observer Services that can be used by members and non-members regardless of the devices (including various wired and wireless devices such as PC, TV, portable devices).

  • 8.

    Operator: A person selected by the Company for overall management and smooth operation of Services provided by the Company.

  • Any other Terms not defined in the above paragraph shall be governed by general business practices.

Article 3. Explanation and revision of Terms

  • 1.

    The Company shall post on the Observer website or within mobile application about the contents of this Terms and agreement so that the users can easily find and understand.

  • 2.

    The Company may revise these Terms and Conditions to the extent that it does not violate the relevant laws such as the [Regulations of the Terms of Use], [Information and Communication Network Promotion and Information Protection Act].

  • 3.

    When the Company revises the Terms and Conditions, the date and the reason for the revision shall be clearly indicated and displayed to the users for clarification.

  • 4.

    If the Company amends the Terms and Conditions, the changed Terms and Conditions will be effective from the date of notification, and the users will be deemed to have agreed to the changed Terms and Conditions by continuing to use the Service after the Terms and Conditions have been changed..

Article 4. Interpretation of Terms

  • 1.

    The Company may establish and operate with a separate operating Terms and Conditions, and the Company shall notify the operating policy on the Observer website or mobile application in advance.

  • 2.

    Any matters not expressly provided in these Terms and Conditions shall be governed by separate operating policies, related laws and practices.

Article 5. Provision and Change of Service

  • 1.

    The Services provided by the Company are as follows.

    • 1)

      Members can collect, store and transmit weather information to Observer.

    • 2)

      Other related Services such as compensation for weather information collected and transmitted by members.

    • 3)

      Services that users can purchase weather information.

    • 4)

      Services that users can purchase/confirm Observer mini weather station and other weather-related products.

  • 2.

    If the contents of the Service provided by the Company are changed due to changes in the technical specifications, etc., the reasons shall be notified to the users or posted in the notice so that the user can recognize it.

Article 6. Suspension of Service

  • 1.

    The Company may temporarily suspend the Services in the event of maintenance, inspection, replacement, loss of internet connection.

  • 2.

    If it becomes impossible to provide Services due to the conversion of business items, abandonment of business, integration between companies, the Company shall notify the users or post it in a notice so that the user can recognize it.

Article 7. Notice to Members

  • 1.

    The Company may notify Members by e-mail, mobile phone, Short Message Service (SMS), or push notification in apps.

  • 2.

    The Company may substitute individual notice by posting it as a general notice in case of notice to an unspecified number of members.

Chapter 2. About Usage Agreement and Information Protection

Article 8. Membership and Change of Member Information

  • 1.

    The user submits the membership information according to the Company's designated signup form and then accept agree to these Terms and Conditions by signing up.

  • 2.

    The Company shall register the user as a member who apply to join as a member according to paragraph 1. unless.

    • 1)

      If there is false information, missing information.

    • 2)

      If the applicant has previously lost his / her membership status.
      (except when he / she obtains approval of member re-entry because he / she judged as the Company’s necessities)

    • 3)

      When a member who has received a suspension of membership from the Company, but voluntarily terminates the membership contract during the suspension period and applies for a new membership.

    • 4)

      If the approving the registration of such a member is significantly impede Observer's technology.

    • 5)

      If it is found to be illegal or illegal use of application which violates this Agreement, or if the Company deems it necessary by reasons.

  • 3.

    The time of establishing the membership contract is when the approval notice by the Company reaches the member.

  • 4.

    If any of the items listed at the time of enrollment have been changed, the member must make corrections online or notify the Company by e-mail or other methods.

  • 5.

    The Company shall not be held responsible for the disadvantages caused by not informing the Company of the changes in paragraph 4.

  • 6.

    Membership can only be made through the person's correct information, and the Company can confirm the information registered by the member. The member must cooperate with the Company's confirmation processes, and if it does not comply, the Company may treat the information registered by the member as false information and deny application.

Article 9. Termination of Contract

  • 1.

    Termination of membership by a member

    • 1)

      The member may notify the Company at any time of his/her intention to terminate the membership, and the Company shall immediately accept it unless there is a special reason. However, members must complete, withdraw, or cancel all ongoing procedures before notifying the Company of their intention to terminate. In this case, the member bears any disadvantage of withdrawal or cancellation.

    • 2)

      Member shall be responsible for the disadvantage caused by the declaration made by the member, and when the contract is terminated, the Company may collect the various benefits that are provided to the member.

    • 3)

      If the member wishes to reuse the Service after the contract is terminated, the re-use will be notified to the Company, and the Service can be reused only with Company’s approval.

    • 4)

      A member who terminates membership with these Terms may re-register as a new member in accordance with the membership procedure and related provisions stipulated in these Terms and Conditions. However, if the member applies for re-register after withdrawing from membership for illegal purposes such as multiple participation in a promotional event, the Company may limit the subscription for a certain period.

    • 5)

      After termination in accordance with this section, re-use of old membership is not possible, and all users are treated as new members.

  • 2.

    Termination by the Company

    • 1)

      The Company may terminate the membership if any of the following causes occurred or is confirmed.

      • If you violate the rights, honor, credit or other legitimate interest of another member, or engage in any act that is contrary to the laws or regulations of the Republic of Korea.

      • If you try to conduct or attempt to interfere with the Services provided by the Company.

      • When the reason for refusal of acceptance in Article 8 Clause 2 is found later.

      • If the member does not implement or violates the Service operation policy set by the Company.

      • If the Company acknowledges that it is necessary to refuse to provide the Service based on reasonable judgment.

    • 2)

      If the Company terminates the membership, the Company shall notify the Member with reasons of the termination by e-mail, telephone or other methods of communication. The contract is officially terminated when the Company notify the member.

    • 3)

      If the contract is terminated by any reasons as set forth in this paragraph, the Company may collect the various benefits that are provided to the member. Any damages incurred during or after the termination of the contract shall be borne by the member, and the Company shall not bear any responsibility.

    • 4)

      If the contract is terminated as set forth in this paragraph, the Company may refuse to accept the new application from the member.

  • 3.

    When a member terminates the contract, all personal data about the member will be destroyed immediately after the termination, unless the Company holds the member information in accordance with the related law and the "Privacy Policy".

Article 10. Protection of Personal Information

The Company collects and uses personal information only for the purpose and scope agreed by the member for the provision of the Service, and all information is safely managed according to the laws and regulations related to the protection of personal information. The efforts of the Company to safely handle related personal information about members and other details can be found in the “Privacy Policy”.

  • 1.

    The Company shall notify by e-mail or push notification within the Service or other methods of communication if the member has not logged in for a certain period. The Company may delete or store the membership if the information is insufficient to provide the Service and may terminate the membership.

  • 2.

    Observer's “Privacy Policy” under Article 5. Provision and Entrustment of personal information clause 2) and 3), the Company’s personal information management officers (name and phone number) can collect agreement from the members and non-members identity of the person. The purpose of collecting and using the information, the matters related to providing the information to third parties (the person who has been provided with personal information, the purpose of providing, and the content of information to be provided), etc. [Act on Promotion of Information Network Usage and Information Protection, etc.] under Article 22 clause 2, must give notice or notice in advance, and members and non-members can withdraw this consent at any time.

  • 3.

    The members may view and request change/correction of the personal information to the Company at any time and the Company is obliged to take necessary measures without delay. If the user requests correction of the error, the Company will not use the personal information until correcting the error.

  • 4.

    The Company shall notify the new company when it acquires status of affiliate or affiliated dealer through the same method as specified in Article 7 (2). If the member does not submit a separate appeal, the member consents to the provision and use of the personal information for the essential purpose of providing Observer Service.

  • 5.

    All members shall not use, disclose or provide any information provided by Observer for any other purpose rather than personal use, and shall bear all liability for the use of the violation. In addition, members should manage their personal information in a responsible manner so that others do not misuse their personal information.

CHAPTER 3. UTILIZATION OF SERVICES

Article 11. Weather Information Collection and Storage Service

  • 1.

    The weather information collection and storage Service are to provide related software and tools by the Company to enable members to voluntarily collect and store information about the surrounding weather from the surrounding environment.

  • 2.

    The Company shall endeavor to collect accurate weather information through this Service and shall delete, omit and correct any distorted or exaggerated information.

Article 12. Compensation for weather information collected and transmitted by members

  • 1.

    The Company may compensate members for weather information collected and transmitted by members by Company’s policy.

  • 2.

    The specific details of the self-judgment of Paragraph 1 above shall be notified to the user at the time of enforcement or shall be posted to the public as a notice.

Article 13. Service for members and non-members to Purchase Weather Information

  • 1.

    Any members or non-members can purchase weather information collected by members from the Company.

  • 2.

    The weather information in Paragraph 1 above is the information collected by the members or includes processed data processed, edited and value-added by the Company.

Article 14. Services provided to purchase and confirm Observer weather station and weather-related products

  • 1.

    The members and non-members can view and purchase various weather-related products, as well as Observer weather station and other weather-related products through the Company.

  • 2.

    The purchaser can check the information about purchased items and payment information provided for delivery until the end of the transaction.

  • 3.

    Observation weather station, other weather-related products in Paragraph 1 can be registered, deleted and changed at the discretion of the Company.

Article 15. Provision of Information and Publication of Advertisements

  • 1.

    The Company may provide various useful information to the member, if the information is considered necessary during the use of the Service by notices, Service screen, e-mail, etc.

  • 2.

    The Company may place advertisements on screens and websites, or any other Services provided by the Company in relation with the operation of the Services.

Chapter 4. Responsibility

Article 16. Obligations of the Company

  • 1.

    The Company shall not engage in any act that is prohibited by laws and regulations or acts contrary to public order or morals and shall do its best to provide continuous and reliable Service to members and non-members as provided in these Terms and Conditions.

  • 2.

    The Company does not provide any guarantee for mutual transaction. The Company shall not bear any liability for any problems or losses arising out from the mutual transaction between members and non-members. This must be resolved directly between the parties.

Article 17. Responsibility for Member's ID and Password

  • 1.

    Member is responsible for the management of ID and password.

  • 2.

    Member shall not allow third party to use his / her ID and password.

Article 18. Obligations of User

  • 1.

    Members and non-members shall not do any of the following acts. If the following actions are confirmed, the Company may suspend or ban on the use of the Service and may be liable for civil and criminal Act.

    • 1)

      Disturb the operation of Company Service with intentions and negligence.

    • 2)

      Registration of false contents when registering and changing.

    • 3)

      Stealing information from others.

    • 4)

      Collection and transmission of false weather information.

    • 5)

      Sending or posting information with other methods that are not set by the Company (computer programs, bots, etc.).

    • 6)

      Infringement of intellectual property such as copyrights of the Company and other third parties.

    • 7)

      To impair the reputation of the Company or any other third party or to interfere with its business.

    • 8)

      To disclose or post anything contrary to public interests such as sexual or violent messages, images, voices, or other information to any Observer Services.

    • 9)

      Behavior that interferes with fair trading activities such as fraud and registration of malicious articles.

    • 10)

      If it is deemed inappropriate for the Company to continue providing Services due to other serious reasons.

    • 11)

      When the compensation from the Company is obtained through other improper methods.

  • 2.

    The Company may take measures such as suspension of Service for members who violate the provisions set forth in the preceding paragraph and may request corrective action if necessary. In particular, the Company may terminate the contract with the member, if the member does not correct within the period requested for correction, repeats the same violation, or confirms several violations.

  • 3.

    The Company may provide differentiated paid Services to members at any time according to the Company's policy. If a member uses the paid Service without payment, the Company may suspend/ban certain members.

Article 19. Restriction on Use and Restriction of Copyright

  • 1.

    Copyright and intellectual property in the Service are the property of the Company.

  • 2.

    The User shall not use any information obtained from the use of the Service for commercial purposes or to use it for the third party by copying, transmitting, publishing, distributing, broadcasting and other methods without the Company's approval.

Article 20. Limitation on Liabilities

  • 1.

    The Company shall not be liable in principle for damages for information and Services provided free of charge unless it is in violation of the "Privacy Policy", or the penalties of related laws and regulations.

  • 2.

    The Company shall not be liable for any damages caused by acts of God, force majeure, Service repair, replacement, inspection, construction.

  • 3.

    The Company shall not be liable for any disruption in the use of Services due to the reasons from the members' and non-members’ failure.

  • 4.

    The Company shall not be liable for the accuracy, reliability, etc. of the weather information collected by the members unless there are any intentions or to cause serious damages.

Article 21. Compensation

  • 1.

    The Company shall compensate the members for damages caused by intentions or negligence of the Company in using the Service, within the scope of the applicable laws such as the Civil Act.

  • 2.

    If a member violates these Terms and Conditions or violates related laws, the member shall be liable to the Company for any damages.

Article 22. Settlement of Disputes

  • 1.

    The Company shall not be held responsible for any problems arising from the dispute between members or non-members. Disputes between members or non-members should be resolved directly between the parties.

  • 2.

    If there is a claim for relief from the member or non-member regarding a dispute related to the use of the Service between the members or non-members, the dispute may be subject to arbitration by the Fair-Trade Commission or the Conciliation Committee (to resolve disputes).

Article 23. Jurisdiction and Governing Law

  • 1.

    The lawsuits filed between the Company and the member or non-member shall be governed by the laws of the Republic of Korea.

  • 2.

    The lawsuits related to the dispute between the Company and the member or non-member shall be brought before the Competent Court under the Civil Proceeding Act.

Addendum

Article 1. Effective Date

These Terms and Conditions will be effective March 1, 2019.