Medical Korea Package Website’s Terms of Use

※ Due to the website changes from 30th, August 2019 Term of Use will be corrected

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 Package” online website (medicalpackage.visitmedicalkorea.com) , hereinafter referred to as “MPK”, 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 MPK website or the screen linked thereto, 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, Et., 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 MPK 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 (Type of Services)

  1. MPK shall provide the following Services:
    1. Development and management services for the medical/concierge service reservation platform
    2. Advertising and promotion service
  2. The MPK services referred to in subsection 1 above are intended to allow Members to use the platform or MPK’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 MPK by individual institutions (i.e., medical institution members and attraction agency members).

Article 4 (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 5 (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 MPK. 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 1 (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. MPK 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, MPK 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 MPK be prevented from providing the Services due to an act of god or a similar circumstance beyond its control (collectively, “force majeure events”), MPK may limit or temporarily suspend the provision of Services.

CHAPTER III. MANAGEMENT AND PROTECTION OF USERS

Article 1 (Copyright Liability)

If a posting falls under one of the following categories, MPK 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, MPK 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 MPK’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

Article 2 (Misconduct Prohibited)

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 MPK.
  2. If a Member is found to have committed any system-related misconduct, MPK 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 MPK, placing restrictions on the use of any specific Services and termination of the Use Agreement. In addition, MPK may make a claim against the Member for the damages suffered as a result of it, if any.

Article 3 (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. Whenever it is deemed necessary, MPK 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.
  3. In case of changes made to the individual terms of use referred to in subsection 2 above, MPK shall announce such changes at least 14 days prior to the effective date thereof.
  4. 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 4 (Indemnification of KHIDI)

  1. As a mail order agency, KHIDI engages in merely providing Members with an MPK-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.

Article 5 (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 6 (Miscellaneous Provisions)

  1. If necessary, MPK may modify or suspend any of the Services (or part thereof), whether temporarily or permanently, after having announced the same, in advance, on the MPK home page.
  2. Neither MPK 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 MPK 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.