This TGA Terms of Service (this “Agreement” or the “Terms and Conditions”) between you, a User and GREAT ANATOMY Co., Ltd., a company organized under the laws of the Republic of Korea (hereinafter the “Company,” “we,” “us” or “our’) govern your use of our Website www.thegreatanatomy.com (the “TGA Service(s)”, “TGA” or “Service(s)”). “You” or “Your” means you or any other person or entity identified in any service account on whose behalf you are authorized to act.
2.1. In this Agreement, the following terms shall have the meanings specified in this Article 2.
- User means a user of Service who has agreed to these Terms of Conditions and has completed the User Registration.
- “User Name” means a combination of letters, numbers, and special symbols that are designated by the User and approved by the Company to identify the User and use the Service.
- A “Password” means a secret code consists of alphabets and numeric numbers that a User can choose to protect the User’s access to TGA.
- “Account” means a login account based on “User Name” and “Password”.
- A “Post” or “Posting” means any letter, sign, symbol, sound, picture, video, words or any link to any of the foregoing that is uploaded to the Website by a User.
2.2. Any terms or expressions used in this Agreement that are not otherwise defined in Article 1 shall be interpreted in accordance with applicable laws, any instructions using the TGA Services provided by the Company or business customs.
3. Applicability and Amendment
3.1. This Agreement applies to all Users of TGA.
3.2. By creating a User account via the online user interface on the Website, or by otherwise accessing or using any part of the TGA Services, you effectively give your consent to be bound by the terms and conditions of this Agreement.
3.3. If you do not agree to the terms and conditions of this Agreement, you cannot create a User account, or access or use any part of the TGA Services.
3.4. We reserve the right to change or modify any of the terms and conditions of this Agreement at any time and in our sole discretion. We will provide 15 days prior notice to you before making any such changes; provided, if in our opinion, any such changes may not be so favorable to you, then in such cases, we will provide at least 30 days prior notice to you via E-mail or SMS (However, if we cannot reach you due to failure on your part to update your contact information, then a prior notice will be deemed given to you by posting the amended terms and conditions on the Website).
3.5. Your continued use of any part of the TGA Service following our notice to you of any changes or modification to any of the terms and conditions of this Agreement or posting of the amended Agreement on the Website will constitute your consent to such changes or modifications. If you do not agree with any of the changes or modifications to this Agreement, you must stop using the TGA Services and contact us for cancellation of your membership.
3.6. By agreeing to be bound by the terms and conditions of this Agreement, you also agree to periodically check our Website for any amendment to this Agreement. The Company is not responsible for any damages or losses you may incur due to your failure to check for the updates or changes to this Agreement.
4. Other Applicable Terms and Conditions
4.1. Any matters not specifically addressed in this Agreement shall be governed by the provisions of applicable Korean laws, including without limitation, Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (hereinafter the “Information and Communications Network Act”) and the Act on the Consumer Protection in Electronic Commerce, etc.
4.2. If you, as a User entered into a separate agreement with TGA concerning any other product or services offered by the Company through TGA, then the terms and conditions of the separate agreement shall govern the relationship between the parties concerning that other subject matter in addition to this Agreement.
AGREEMENT FOR USING TGA SERVICE
5. Sign Up
5.1. A person who intends to use the Service (hereinafter referred to as “Applicant”) shall subscribe to the Service and apply for subscription by checking the checkbox indicating that the “Applicant” agrees to the terms and conditions. Membership is established by the Company's acceptance of the application of the “Applicant”. In this case, the “Applicant” will be deemed to have agreed to the following.
- The “Applicant” is an individual who is 16 years of age or older.
- Agree to these Terms and Conditions.
- Recognize and agree that sanctions may be taken in violation of these Terms and Conditions.
5.2. People under 16 years of age cannot use the Service.
5.3. The Company may, if deemed necessary, have the applicant submit a separate document for joining.
5.4. In the following cases, the Company may or may not withhold the acceptance of the subscription, or may terminate this Agreement afterwards.
- If the User with whom the Company previously terminated this Agreement applies for re-enrollment
- If the User who has withdrawn under these Terms and Conditions has applied for the same email address again within 30 days
- If false information is entered in the application form or the information requested by the Company is not entered
- Application is not acceptable due to the fault of the “Applicant” or User or application is in violation of other regulations
- Other cases where the Company clearly acknowledges that it may be harmful to other “Users” or contrary to social order and morals based on relevant laws and regulations.
- “Applicant” or User is under 16 years old
5.5. The Company may withhold approval if there is no room for service-related facilities, or if there is a technical or business problem in providing the service, or if the Company deems it is financially or technically necessary to do so.
5.6. If the acceptance of subscription is withheld in accordance with Paragraph 4, the Company may notify such withholding to the email address entered by the “Applicant” when the Company deems necessary.
5.7. The date of entering into the Agreement shall be the time when the Company marked the completion of the subscription in the application process.
5.8. The Company can give a grade to User according to Company policy and can differentiate the level of service according to the grade.
6. Change of User Information
6.1. The User can access his/her user information at any time through the settings and My Page menu, etc., and can modify the information by inputting on the page or requesting the Company.
6.2. If the User changes the information specified in the subscription application, he/she shall inform the Company of the change, and the Company shall not be responsible for any disadvantages caused by not notifying the Company of the change.
6.3. The User shall notify the Company without delay or register the change by changing his/her personal information without delay if any matters specified in the application for registration, such as contact means (e-mail, mobile phone number), are changed. The Company shall not be liable for any damage caused by such omission.
7. Collection and Protection of Personal Information
7.1. The Company collects the personal information necessary from the User to provide the Service.
8. Responsibility for Managing “User Name”
8.1. The User is responsible for the management of “User Name” and “Password” of the User, and the User is responsible for all disadvantages if the third party uses it due to the User's intention or negligence.
8.2. When the User recognizes that the “User Name”, “Password” and additional information are stolen or used by a third party, he/she shall immediately notify the Company and follow the instructions of the Company.
8.3. In the case of Paragraph 2, the Company shall not be responsible for any disadvantages caused by not notifying the Company or not following the instructions of the Company even if notification of the User to the Company exists.
8.4. The Company can restrict the use of the “User Name” when the “User Name” of the User has the concern of the leakage of personal information, contradicts social norms or morals, or maybe mistaken as the Company or the Company's administrator
9. Use of Service
9.1. The “Service” provided by the Company is as follows
- providing video or virtual reality (on demand online) education on (basic and advanced) clinical anatomy for face and neck
- providing global standardization for filler, botox, and thread-lifting operation
- store service for medical devices such as filler and botox
- Any other services provided by the Company to the User through further development or partnership agreements with other companies.
9.2. Service can be used immediately after the Company approval. However, if you do not complete email verification, there may be restrictions on the use of some or all of the Services.
9.3. The Service usage time shall be in principle 24 hours a day, 7 days a week (00: 00-24: 00) except when the Company cannot provide the Service for technical or business reasons.
9.4. The Company may temporarily suspend the provision of Services if there are reasons for its operation, such as regular inspection, replacement and failure of service facilities, or loss of communication. If the interruption of service provision exceeds 24 hours, the Company will notify the User in advance according to Article 10. If there is an unavoidable reason that cannot be notified in advance, it will be notified after the event.
9.5. The Company may conduct regular inspection when it is deemed necessary to provide the Service, and the regular inspection time will be announced through the service provision screen.
9.6. The User's right to use the Service may not be transferred, given or used for a pledge.
9.7. If it is judged that the use of the Service by the User is not in accordance with the normal procedure, the Company may intervene and take actions in place of the User. At this time, the judgment is entirely up to the Company.
10. Notice to the User
10.1. If the Company notifies the User, it can be done by e-mail of the User registered in the Service unless otherwise specified in this Agreement.
10.2. In the case of Paragraph 1, the Company shall not be responsible if the User does not receive e-mail authentication or if he/she inputs false e-mail intentionally or by mistake.
10.3. In case of notification to the whole User, the Company may substitute the notice of Paragraph 1 by issuing news in the Service or posting it on the notice board for 7 days or more.
11. Changes in Services
11.1. We reserve the right to change or modify any part of the TGA Services (including without limitation, quality and technical specifications) at any time and in its sole discretion upon providing 15 days prior notice to you which notice will be posted on the Website or communicated via e-mail. If, however, we believe any of the changes may not be so favorable to you, then we will provide at least 30 days prior notice to you via e-mail or SMS.
11.2. We reserve the right to suspend or terminate the TGA Services or any part thereof in each of the following cases:
- for maintenance, repair or technical difficulties
- if a User interferes with our operation
- for power outage, failure of communication equipment or sever failure due to unusually high traffic
- for any other internal reasons as determined by us or
- in the event of force majeure, including without limitation, natural disaster, acts of God or national emergency.
11.3. A User may terminate this Agreement at any time with or without cause by making termination request to the Company. Such termination will become effective upon the Company’s receipt of the termination request. The Company will not be responsible for any losses or damages you may incur in relation to your termination. The Company reserves the right to retract any rights and privileges that the Company offered to you prior to your termination.
11.4. The Company will not be responsible for any losses, damages or problems you may incur in relation to your termination or suspension of the use of the TGA Services.
11.5. The Company reserves the right to immediately terminate a User’s Agreement or block such User from accessing TGA in its sole discretion for any breach by the User of its obligations under Article 13, with or without notice, upon discovery by the Company.
11.6. Any User whose account was terminated by the Company under Paragraph 5 above may appeal the Company’s decision by following the instructions provided by the Company.
11.7. If the Company finds the appeal has valid ground, the Company will immediately restore the User’s Account.
RIGHTS AND OBLIGATIONS OF THE PARTIES
12. Obligations of the Company
12.1. The Company does not disclose, share or distribute any personal information collected from any User to a third party without the User’s express consent; provided, that we may disclose such information to relevant government agencies, including without limitation, the Korea Communications Commission pursuant to a legal requirement, a judicial order or government regulations, to the extent required under applicable laws.
12.2. The Company will promptly process any complaints reported to our customer service department. In the event the Company cannot respond to complaint in timely manner, the Company will communicate reasons for the delay and estimated time of our response through the Website or via e-mail.
12.3. The Company closely observes all applicable laws for providing and maintaining the TGA Services, including without limitation, the Information and Communications Network Act, and the Protection of Communications Secret Act.
13. Obligations of the User
13.1. The User shall not:
- Provide false information when applying for subscription or changing the “user” information
- Theft of others' information
- Change the information posted on the Service of the Company or use the information obtained by using the “Service” for reproduction, publication, broadcasting, etc. for commercial or non-profit purposes or offer to third parties without the prior consent of the Company
- Receive money or transfer the right to use the Services or receive money in return by providing a third party with the opportunity to promote the User or promoting a third party on behalf of a third party using the “Services” provided by the Company
- Infringe on the rights of the Company or third parties, such as posting false facts about the Company or other third parties or infringing on intellectual property rights
- Use unfairly the “Service” by stealing the User and “Password” of other “Users”
- Use the Company's paid services using payment information of others without the permission of others, such as account numbers and credit card numbers of others
- Post any content that suggests joining a pyramid or terrorist organization or post obscene or violent messages, postings or voices, or disclose or posting information that is against public order or morals
- Transmit or post information (computer program, etc.) that is prohibited from being transmitted or posted by related laws such as the Information and Communication Network Act
- Post harmful media for juveniles under the Juvenile Protection Act
- Disseminate information, sentences, figures, sounds, etc., in violation of public order or morals
- Post or send messages by pretending or impersonating an employee of the Company or a manager of the Services or by using the name of another person
- Post or e-mail any materials containing software viruses or other computer codes, files or programs designed to disrupt or destroy the normal operation of computer software, hardware or telecommunications equipment
- Interfere with other Users' use of the Service, such as stalking, abusive language, or plastering
- Collect, store or disclose the personal information of other “Users” without their consent
- Collect information from other “Users” to post advertisements or propaganda or send spam mails to an unspecified majority
- Modify, reverse engineer, decompile, or disassemble software provided by the Company
- Use the Company's intellectual property without permission, including the Service description or terms and conditions of the Company, without the Company's consent
- Provide information in the Services to competitors or potential competitors of the Company
- Access to information that is not open to “Users”, such as server computer of the Company
- Attempt an individual transaction other than the Service which is not agreed with the Company in advance by exposing personal information or exposing personal contacts
- Violate current laws, terms and conditions set forth in the Services provided by the Company, and other regulations regarding the use of the Services
- Interfere with any other User's use of the Services or the provision of the Services by the Company.
- Act other actions that may be harmful to the Company and the Services
13.2. The User should comply with the related laws, the provisions of this Agreement, the precautions noticed related to information of use, and Service, and the notices of the Company, and should not act in any way that interferes with the work of the Company. If the User acts in violation of Paragraph 1 or Paragraph 2, the Company may delete or temporarily delete the Postings, may restrict the use of the Service, may terminate this Agreement, may permanently delete the Account, may take legal action such as civil sue or criminal charge. If the damage occurs to the Company, we can claim for damages.
14. Attribution of Rights
14.1. Copyright and intellectual property rights of the Service belong to the Company. However, this excludes posts and copyrighted works provided under an affiliate agreement.
14.2. The Company grants the User only the right to use Account, “User Name”, content, etc. in connection with Service according to the terms and conditions set by Company, the User is not allowed to transfer, to sell, or to provide collateral the right to use.
15.1. In the event of an over or mistaken payment by the User, the Company will refund the corresponding amount. In such a case, the fee incurred as a result of the refund procedure shall be borne by the User.
15.2. In case of a refund due to the responsibility of the User, such as change of mind, the User shall be responsible for any fees incurred due to the refund process.
15.3. Notwithstanding the provisions of Paragraph 2, the following items will be refunded in full:
1) If the User has not used the Service within 24 hours after completing the payment
2) If the Service is not available due to the Company fault, such as Service failure
- In case of refund for item 1), the User shall be responsible for the fees incurred. In the case of a refund for item 2), the Company shall bear the fee incurred.
15.4. If the User violates the provisions of Article 13 and the Company restricts the use of the Service by the User or unilaterally terminates this Agreement, the Company shall not be responsible to refund equivalent to the damages incurred by the User.
15.5. When the User terminates this Agreement or withdraws the Service, the User must request a refund. If the User terminates this Agreement or withdraws the Service without requesting a refund, the Company has no obligation to refund.
15.6. Refunds should be made using the payment method used by the User, but if this is impossible, the refund shall be made in a separate method determined by the Company.
15.7. In principle, the Company shall process the refund within 7 business days. If a delay occurs due to the delay of processing by a third party such as credit card company, PayPal or the cause of the User, the corresponding days are not included in the processing period.
16. Promotional Materials
17.1. The Company will, from time to time, provide relevant information about TGA on the Website or via e-mail or postal mail to our Users.
17.2. Company will, with your consent, provide useful information or other advertising materials to you via SMS or e-mail.
17. Removal of Inappropriate Posting
17.1. The Company reserves the right to remove any Posting made by Users on the Website for any of the following cases without any liability to such User:
- materials that are defamatory or libelous to the Company, any User or third party
- materials that are against social order or public safety
- materials that are illegal or distribution of which can be a criminal offense
- materials that are infringing upon intellectual properties of the Company or any third party
- materials that are past the pre-determined posting period by the Company
- non-permitted promotional or advertising materials or
- any other outlawed or non-permitted materials under applicable laws
17.2. The Company reserves the right to implement a separate policy setting forth detailed terms and conditions covering the Postings on the Website and may remove any Postings that are in breach of such policy.
18.1. The Company agrees to indemnify and hold harmless a User from any damages or losses arising out of or resulting from any intentional misconduct or negligence of the Company in providing the TGA Service.
18.2. A User agrees to indemnify and hold harmless the Company, its officers, employees and agents from any claims, lawsuits, damages or losses including court costs and attorney’s fee arising from any breach by the User of this Agreement or any provisions of applicable laws.
18.3. You agree to indemnify, defend and hold the Company, its agents, directors, officers, and employees harmless from and against any and all third-party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Party, arising out of, related to or which may arise from your breach of any term of this Agreement your failure to comply the applicable laws.
19.2 WE ARE NOT RESPONSIBLE FOR THE INTERRUPTION OF THE SERVICES CAUSED BY EVENTS BEYOND OUR CONTROL SUCH AS STRIKES, RIOTS, INSURRECTION, FIRES, FLOODS, EXPLOSIONS, WAR, GOVERNMENTAL ACTION, LABOR CONDITIONS, EARTHQUAKES, NATURAL DISASTERS.
19.3 WE ARE NOT RESPONSIBLE FOR THE INTERRUPTION OF THE SERVICES CAUSED BY USER’S FAULT.
19.4 WE ARE NOT RESPONSIBLE FOR LOSS OF PROFIT EXPECTED FROM THE USE OF THE SERVICES; WE ARE NOT RESPONSIBLE FOR LOSS OR DAMAGE CAUSED BY THE MATERIALS OBTAINED FROM THE SERVICE; WE ARE NOT RESPONSIBLE FOR THE RELIABILITY OR THE ACCURACY OF THE CONTENTS CONTAINED IN THE POSTS OR POSTONGS UPLOADED BY THE USER.
19.5 WE ARE NOT RESPONSIBLE AND WILL NOT GET INVOLVED OR MEDIATE ANY DISPUTE (A) BETWEEN OR AMONG OUR USERS OR (B) BETWEEN YOU AND A THIRD PARTY WHICH MAY ARISE IN RELATION TO USE OF THE SERVICE.
19.6 WE CLAIM NO RESPONSIBILTIY FOR ANY LOSSES OR DAMAGES INCURRED BY YOU IN CONNECTION WITH YOUR DISCLOSURE OR RELEASE OF ANY PERSONAL INFORMATION ABOUT YOU.
20. No Assignment
You may not assign or transfer this Agreement or any of your rights and obligations hereunder without the prior consent of the Company.
21. Governing Law; Dispute Resolution
This Agreement and any action related thereto will be governed by the laws of the Republic of Korea without regard to or application of its conflict of law provisions. Any disputes, claims or controversies arising out of or relating to this Agreement shall be brought before the Seoul Central District Court and you consent to the exclusive jurisdiction of such court.