MEDICAL KOREA RESERVATION WEBSITE’S TERMS OF USE

CHAPTER I. GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of these Terms of Use (hereinafter referred to as “Terms of Use”) shall be to clearly provide the rights and obligations of users using the reservation services, e-commerce-related services, and other relevant services (hereinafter referred to as “Services”) provided by the Korea Health Industry Development Institute (hereinafter referred to as “KHIDI”), through the “Medical Korea Reservation” online website (health.medicalkorea.or.kr, hereinafter referred to as “MKR”), which is managed by KHIDI, as well as to promote mutual growth by exercising such rights and fulfilling such obligations.

Article 2 (Display of Terms of Use; Validity and Revision)

  1. KHIDI shall post the terms and conditions hereof, on the initial user service screen of the MKR website or the screen linked thereto (연결화면), together with the trade name, address of the place of business, Representative’s name, business license number, contact information (phone number, fax number, e-mail address, etc.) of KHIDI, so that members will identify the same.
  2. KHIDI may revise the Terms of Use, to the extent not violating the relevant provisions of applicable laws, including but not limited to, the Act on the Regulation of Terms and Conditions, the Framework Act on Electronic Documents and Transactions, the Digital Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., the Act on the Consumer Protection in Electronic Commerce, Etc., and the Electronic Financial Transactions Act.
  3. When revising the Terms of Use, KHIDI shall announce the effective date of and reasons for such revision by posting a statement that clearly indicates the same on the initial screen of the MKR website, together with the then current Terms of Use, starting on the date falling at least 14 days prior to the effective date of such revision, until the date immediately preceding the effective date thereof.

Article 3 (Definitions)

  1. As used herein, the following terms shall have the meanings hereby assigned to them:
    1. Member: an individual or a corporate body that has been duly registered with MKR as a member by providing his/her or its personal information. Members are divided into general members, medical institution members, and attraction agency members, as follows:
      1. General member (buyer): a foreigner aged 14 or older, or a foreign corporation that can use the reservation/purchase services provided by medical institution members (*Only foreigners without Korean nationality shall be eligible for general membership.)
      2. Medical institution member (provider): a foreign patients’ attraction agency duly registered with the Ministry of Health and Welfare of the Republic of Korea that, as such, may register and sell the information and medical services of medical institutions (The certificate of registration as a foreign patients’ attraction agency is required.)
      3. Attraction agency member (provider): a member making an appointment with a medical institution, etc., or providing concierge services for foreign patients (The certificate of registration as a foreign patients’ attraction agency is required.)
      4. Group member (group buyers): a member who can make a reservation of, or use any medical services on behalf of a group of members belonging to a corporation or other organization (The business registration certificate is required.)
    2. ID: a combination of the characters representing the Member’s e-mail address and numbers, as created by a Member and registered with the approval of MKR, for identification purposes and also to enable the Member to use the Services.
    3. Password: a combination of alphabetic and numeric characters set by a Member himself/herself and registered with MKR for identification purposes, and also to protect the Member’s rights and confidential information.
    4. Service Manager: a person appointed by KHIDI to manage and operate the Services properly and smoothly in all aspects. Other terms used herein that are not specifically defined in subsection 1 above shall be subject to generally accepted business practices.

Article 4 (Type of Services)

  1. MKR shall provide the following Services:
    1. Development and management services for the medical/concierge service reservation platform
      1. Support services related to the reservation of medical/concierge services;
      2. Support services related to the reservation/purchase (deposit) of the Services; and
      3. Commodity information retrieval service.
    2. Advertising and promotion service
  2. The MKR services referred to in subsection ① above are intended to allow Members to use the platform or MKR’s reservation/payment transactions, in order to make reservations of medical/concierge services, etc. In such a case, KHIDI shall in no event be responsible for any of the medical/concierge services registered with MKR by individual institutions (i.e., medical institution members and attraction agency members).

Article 5 (Disclaimer of Agency)

KHIDI shall solely bear responsibilities for managing and operating the system designed to provide efficient services, as a mail-order agency, but does not act on behalf of any buyer or seller in relation to transactions involving any goods or services. Accordingly, each Member shall be personally responsible for the transactions conducted with other Members, as well as for the information provided and registered by the Member.

Article 6 (Disclaimer of Warranties)

KHIDI makes no warranties whatsoever, whether express or implied, with respect to the existence and trueness of the seller’s intention to sell, or the buyer’s intention to buy the Services; the quality, completeness, stability, legality, and non-infringement of the Services; the genuineness or legality of the information entered by the buyer or seller, as well as the data posted on the URL connected to through such information, etc., in relation to transactions conducted between the buyer and the seller through the system provided by MKR. Accordingly, the Member involved in such transactions shall solely bear any and all risks and liability related thereto.

CHAPTER II. USE AGREEMENT AND PROTECTION OF INFORMATION

Article 7 (Conclusion of Platform Use Agreement)

  1. A platform use agreement (hereinafter referred to as “Use Agreement”) shall be deemed to have been duly concluded when an applicant intending to use the platform Services provided by MKR has applied for subscription to the Services, and MKR has accepted such application. In such a case, MKR gives notice of its intention to accept the applicant’s application by posting the same on the applicable user service screen via e-mail or other means.
  2. An applicant intending to use the platform shall agree to the terms and conditions hereof, and enter the required information in the membership application form prescribed by MKR.
  3. If an applicant uses another person’s personal information without authorization while applying for subscription to the Services, the applicant may be subject to restrictions placed on the use of the Services, or otherwise receive punishment pursuant to applicable laws.
  4. Subscription applications shall be processed in the order of such applications made, and an MKR membership shall be deemed to have been duly granted to the applicant when MKR’s acceptance has reached the applicant.
  5. MKR may refuse to accept or withhold its acceptance of any subscription applications upon occurrence of one of the following events:
    1. The same ID (e-mail address) is already in use and registered by another Member;
    2. A Member, who has been subject to suspension from membership or other sanctions taken by MKR, unilaterally terminates the Use Agreement before such measures are removed and applies for a subscription to the Services again;
    3. The equipment has no spare capacity or suffers from any technical difficulties; and
    4. Otherwise, it is found that the subscription application in question is against these Terms of Use, or otherwise illegal or unreasonable, or it is deemed necessary to do so, in MKR’s reasonable judgment.

Article 8 (Correction and Protection of Personal Information)

  1. Each Member shall not provide any false information when applying for subscription to the Services and, in case of changes in the information already entered, shall immediately update such information. No corrections may be made to any Member’s name, ID, etc. at all; provided, however, that such personal information may be exceptionally corrected, only if the Member’s information has been actually identified as such.
  2. All notices given to a Member by MKR shall be deemed to have been duly given when such notices have arrived at the e-mail address provided by the Member. Each Member shall solely bear the damages arising due to any of the Member’s failure to update such information in time, for which MKR shall, in no event, bear any liability whatsoever.
  3. The information provided by a Member in connection with the Use Agreement shall not be used by MKR for any purposes other than the purpose of providing MKR Services to which the Member has given his/her consent. If a new purpose or use thereof occurs, or such information is provided to a third party, MKR shall obtain consent from the Member by giving notice of such purpose or use thereof at the time of using or providing such information, unless otherwise provided in the applicable laws.
  4. MKR does not set up a consent box for the collection, use, and provision of personal information as checked in advance. In addition, MKR specifically describes the Services that may not be made available if the user refuses to give his/her consent to the collection, use, and provision of personal information. Furthermore, MKR does not limit the provision of, or refuse to provide the Services on grounds that the user intending to use the purchase services refuses to give his/her consent to the collection, use, and provision of his/her personal information, which does not constitute any compulsory items of personal information to be collected.
  5. When MKR is required to provide a third party with the personal information of a Member having made a reservation so as to protect his/her personal information, MKR then seeks consent from such Member by specifying the items of personal information to be provided at the time of actually applying for subscription; the receiving party; the purpose of using such personal information by the receiving party; and the retention and use period, etc. In addition, if personal information is entrusted to a third party, MKR establishes the “privacy policy” pursuant to the relevant provisions of applicable laws and appoints a Personal Information Manager. The same shall be subsequently announced by posting such information on the applicable user service screen, thus implementing the aforesaid privacy policy.

Article 9 (Management of IDs and Passwords)

  1. A Member shall be solely responsible for managing his/her own ID and password. In no event shall a Member transfer or lend his ID or password to a third party.
  2. If a Member’s ID or password has been divulged, transferred, or lent through no fault of MKR, the Member and/or user shall solely bear the loss or damages arising as a result thereof.
  3. If a Member becomes aware that his/her ID, password, etc. is stolen or used by a third party without authorization, the Member shall immediately give notice thereof to MKR. In such a case, MKR shall make its utmost endeavors to take prompt actions in order to deal with such incident.

Article 10 (Termination of Use Agreement)

  1. Termination by Member
    1. A Member (“terminating Member”) may terminate the Use Agreement at any time by giving notice of his/her intent to MKR on the applicable service screen. For the avoidance of doubt, the terminating Member shall take the necessary measures to complete all pending transactions by at least seven days prior to the date of such notice.
    2. The terminating Member shall solely bear all disadvantages suffered as a result of such intent expressed by him/her during the period referred to in paragraph 1 above, if any. Upon termination of the Use Agreement, MKR shall be entitled to withdraw all additional benefits previously provided to the terminating Member.
    3. Once the Use Agreement has been terminated by a Member of his/her own will, and if the Member wishes to subscribe to the Services again, the Member shall only be able to use the Services again after notice has been given to MKR of the Member’s intent and MKR has accepted such subscription.
  2. Termination by MKR
    1. MKR may terminate the Use Agreement upon occurrence of one of the following events, or confirmation of the occurrence thereof:
      1. The Member has violated another Member’s or a third party’s rights, honor, reputation or other rightful interest, or has committed an act against the laws of the Republic of Korea or otherwise detrimental to good public morals;
      2. The Member has committed, or attempted to commit, an act hindering MKR’s Services from being properly provided;
      3. It is found that an event constituting a good cause for refusal to accept any subscription applications pursuant to Article 7.5 hereof, has occurred; and
      4. Otherwise, it is deemed necessary to refuse to provide the Services, in MKR’s reasonable judgment.
    2. In case of termination thereof by MKR, MKR shall notify the Member of its intent to do so, via e-mail, over the phone, or by other means. In such a case, the Use Agreement shall be terminated at the time when MKR has given notice of its intent to the Member.
    3. Even if the Use Agreement is terminated by MKR pursuant to this subsection 3, the Terms of Use shall continue to apply with respect to the completion of the other use agreements that has already been executed prior to such termination.
    4. Upon termination of the Use Agreement pursuant to the provision of this paragraph 3, MKR shall be entitled to withdraw all additional benefits previously provided to the Member.
    5. Upon termination of the Use Agreement pursuant to the provision of this paragraph 3, MKR may refuse to accept the Member’s application for new subscription to the Services.

Article 11 (Duration of Services and Suspension)

  1. The duration of the Services to be provided hereunder shall begin on the date of subscription application and end on the date of termination of the Use Agreement.
  2. MKR may temporarily suspend the provision of Services, upon occurrence of one of the following events, including repair, maintenance, replacement, and breakdown of telecommunication equipment, cutoff of communications, etc. In such a case, MKR shall announce such temporary suspension of the provision of Services and the cause thereof by posting the same on MKR’s initial screen.
  3. Should MKR be prevented from providing the Services due to an act of god or a similar circumstance beyond its control (collectively, “force majeure events”), MKR may limit or temporarily suspend the provision of Services,

Article 12 (Restrictions on the use of Services)

MKR may provide the necessary Services that may be required by medical institution members and general members in conducting free reservation-related transactions between them, as well as may provide public notice of methods of use and also place restrictions on use, pursuant to its internal policies.

CHAPTER III. USE OF MKR RESERVATION/PURCHASE SERVICES

Article 13 (Execution of Contracts and Payment)

  1. A reservation service contract (“Reservation Service Contract”) shall be duly entered into between a Member and the seller, when the Member has expressed his/her intent to subscribe to the goods, in response to the condition of reservations offered by the seller, and the seller has expressed its intent to accept such subscription (i.e., approval).
  2. MKR shall provide methods of payment through which the Member can make a payment for the goods using a credit card.
  3. The buyer shall solely bear all disadvantages and liability arising out of, or in connection with, the information entered by the buyer in making a payment for the reservations made.
  4. If, following the conclusion of a Reservation Service Contract, the Member fails to make a payment for the reservations made within the prescribed period, MKR shall be entitled to cancel the corresponding order without the consent of the Member.
  5. MKR shall ensure that the buyer can identify, via Mypage, the terms and conditions of the Reservation Service Contract entered into with MKR. MKR shall also inform the Member of methods of and procedures for cancelling the Reservation Service Contract.
  6. MKR shall be entitled to check whether the buyer has legitimate authority to use the means of payment already used by the Member in making a payment for the aforementioned reservations, and is further entitled to suspend the processing of transactions until the completion of such checkup. In cases where it is not possible to conduct such checkup, MKR may cancel the transaction in question.
  7. The amount that the buyer is required to actually pay for, shall be based on the amount of deposit paid when making reservations of medical services, as determined by the seller.

Article 14 (Cancellation)

  1. A Member may cancel the medical services purchased through reservations and, in such a case, the medical services in question shall be cancelled with the final approval of the seller. Such cancellation shall be processed by the buyer and the seller through a consultation, and MKR shall in no event be liable or responsible therefor.
  2. As a refund for payment for the Services resulting from such cancellation, the payment already made by using a credit card shall be immediately cancelled upon completion of the cancellation procedures.

Article 15 (Exceptions to the Application of Cancellation)

The buyer shall not be allowed to request cancellation, if:

  1. The buyer fails to use the reservation services already purchased, due to a cause attributable to the buyer

CHAPTER IV. MANAGEMENT AND PROTECTION OF USERS

Article 16 (Management of Users)

  1. MKR shall be entitled to take the following measures against a Member having violated the purport of these Terms of Use, the relevant provisions of applicable laws and/or generally accepted business principles:
    1. Withdrawal of the additional benefits provided by MKR, in whole or in part;
    2. Restrictions on the use of any specific Services;
    3. Termination of the Use Agreement; or
    4. Making a claim for damages.
  2. In taking one of the measures set forth in subsection 1 above, MKR shall give prior notice thereof to the Member, whether over the phone or via e-mail. Notwithstanding the foregoing, MKR may first take proper measures and then give notice thereof to MKR under unavoidable circumstances, including where the Member is out of contact or in case of an emergency.
  3. If the Member has a good reason to raise an objection to the measures taken by MKR pursuant to this Article 16, the Member shall be entitled to file an objection with MKR.

Article 17 (Copyright Liability)

  1. MKR shall establish and manage its policies to protect copyright holder’s copyrights in using the Services, and Members shall comply with MKR’s copyright policies.
  2. The copyright in the postings made by a Member while using the Services provided by MKR, including and without limitation to, information, product reviews and Q&A, shall belong to the Member having made such postings. Should any of such postings infringe on a third party’s copyright, the Member shall solely bear full liability therefore.
  3. If a Member becomes aware that his/her copyright has been infringed on MKR, the Member shall be entitled to have his/her legitimate rights protected by utilizing the copyright infringement reporting system managed by KHIDI.
  4. If a posting falls under one of the following categories, MKR may delete the posting without giving prior notice, or may take proper measures against the Member in question, including placing restrictions on the use of any specific Services and termination of the Use Agreement. For the avoidance of doubt, MKR shall not delete any posting merely on grounds that such posting contains anything detrimental to the seller, such as simple complaints about the goods purchased by the Member.
    1. Contains anything violating the laws and regulations of the Republic of Korea;
    2. Posts or advertises any illegal products or indecent materials the sale of which is prohibited by applicable laws;
    3. Contains any false or exaggerated advertisement;
    4. Violates a third party’s rights, honor, reputation, or other rightful interest;
    5. Induces readers to engage in any direct transactions or posts links to other website(s);
    6. Contains any malicious codes or data that may cause telecommunication equipment to malfunction;
    7. Is against social order or good public morals;
    8. Is deemed to hinder MKR’s Services from being properly provided;
    9. Contains anything related to criminal acts; or
    10. Contains anything that may give rise to any economic or political disputes
  5. All postings made by Members, including and without limitation to, product reviews and Q&A, may be reproduced, distributed, transmitted, or displayed on or to other websites associated with MKR for the purpose of promotion or publicity of the goods offered for sale on MKR, or otherwise and may be corrected or edited, to the extent that their essential content will remain unchanged.

Article 18 (Misconduct Prohibited)

  1. System-Related Misconduct
    1. No Member shall use the Services or access the system in an abnormal manner otherwise than by relying on the methods of using the Services, as provided by MKR.
    2. If a Member is found to have committed any system-related misconduct, MKR may take proper measures against the Member in question, including but not limited to, the withdrawal of all of part of the additional benefits previously provided by MKR, placing restrictions on the use of any specific Services and termination of the Use Agreement. In addition, MKR may make a claim against the Member for the damages suffered as a result of it, if any.
  2. Payment-Related Misconduct
    1. No Member shall use the purchase services provided by MKR, using another person’s name, credit card information, account information, etc. without authorization.
    2. No Member shall make a purchase without any real intention to do so; if a Member is found to have committed such act, MKR shall be entitled to cancel the transaction in question and may take sanctions against the Member, depending on the circumstances.

CHAPTER V. MISCELLANEOUS PROVISIONS

Article 19 (Relations between the Terms of Use and the Working Rules and Applicable Laws)

  1. All matters that are not specifically provided herein shall be subject to the relevant provisions of applicable laws (including the Act on the Consumer Protection in Electronic Commerce, Etc.) and generally accepted commercial practices.
  2. When a transaction has been conducted through the reservation/purchase services provided by MKR, the Act on the Consumer Protection in Electronic Commerce, Etc. and other applicable laws shall apply to such transaction, taking precedence over any other laws and regulations. Accordingly, no party to such transaction shall claim to the other party that the party be indemnified and held harmless, on grounds of the relevant provisions hereof.
  3. Whenever it is deemed necessary, MKR may prescribe the terms and conditions that may be applicable to any specific services (hereinafter referred to as “individual terms of use”), and may announce such individual terms of use, in advance, by posting the same on the home page or otherwise.
  4. In case of changes made to the individual terms of use referred to in subsection 2 above, MKR shall announce such changes at least 14 days prior to the effective date thereof.
  5. Members shall pay attention to the changes that may be made, from time to time, to these Terms of Use and the individual terms of use. Upon the announcement of any changes therein, Members shall not fail to identify such changes.

Article 20 (Indemnification of KHIDI)

  1. As a mail order agency, KHIDI engages in merely providing Members with an MKR-based reservation transaction system. Accordingly, the parties to transactions conducted through the platform transaction system shall be solely responsible for all disputes between them arising out of or in connection with the nature of such transactions.
  2. Should the Services be temporarily suspended due to a cause set for in Article 11.2 hereof, KHIDI shall not be liable to any Member or a third party for the damages suffered as a result of it, except where the Services have been temporarily suspended due to willful acts or gross negligence on the part of KHIDI.
  3. Should the provision of Services be limited or suspended due to a cause set forth in Article 11.3 hereof, KHIDI shall be released from any liability therefor, on grounds of force majeure provisions hereunder.
  4. Should a Member suffer any difficulty in using the Services due to a cause attributable to the Member, KHIDI shall in no event be liable to the Member for such difficulties.
  5. Should a Member has divulged or provided his/her personal information to a third party, KHIDI shall in no event be liable to that Member for the damages suffered as a result of it.
  6. Reservation/payment transactions hereunder may not be conducted on a real-time basis, but may be limited or delayed due to networks between the Member’s present location and the provider of the network service used by the Member or otherwise.

Article 21 (Competent Court)

If a lawsuit is brought by a Member against KHIDI with respect to these Terms of Use or the Use Agreement, or with respect to any dispute between Members, the parties to such lawsuit shall submit to the jurisdiction of a court having jurisdiction over the address of KHIDI’s head office.

Article 22 (Miscellaneous Provisions)

  1. If necessary, MKR may modify or suspend any of the Services (or part thereof), whether temporarily or permanently, after having announced the same, in advance, on the MKR home page.
  2. Neither MKR nor a Member may assign any of its rights and/or obligations hereunder to a third party, without the express consent of the other party.
  3. All contracts, agreements, notices, etc. additionally executed by agreement of the parties in relation to these Terms of Use and the matters announced to Members on MKR website as a result of KHIDI’s policy changes, establishment or revision of applicable laws, or pursuant to notification, guidelines, etc. issued by public institutions shall also form an integral part hereof.