Article 1 (Purpose)
The purpose of these Terms and Conditions is to stipulate the rights, duties and responsibilities of the Company and members, and other necessary matters when members (hereinafter referred to as "members") use the Virtual Spine Academy service (hereinafter referred to as the "service") and Virtual Spine Academy Shop service (hereinafter referred to as the “Shop”), developed and operated by Virtual Spine Academy, Inc. (hereinafter referred to as the "Company").
Article 2 (Definitions of Terms)
Definitions of terms used in this agreement are as follows:
1. “Service” refers to Virtual Spine Academy service and Virtual Spine Academy Shop” services that can be used by “users” through the mobile applications of accessible terminals (including various wired and wireless devices such as mobile and tablet PC) and online websites.
2. “User” refers to members and non-members who access the service of the “Company” and use the “contents” and other services provided by the “Company” in accordance with these Terms and Conditions.
3. “Member” refers to a “user” who has concluded a use contract with the “Company” and received a “user” ID, and who is continuously provided with “Company” information and can continuously use the services provided by the “Company.”
4. "Membership" refers to a qualification granted to "Member", according to the grade “Member” selects when signing up, and when receiving information from "company" or purchasing goods such as paid services, the allowable range might be different.
5. “Non-Member” refers to a person who is not a “member” and uses the services provided by the “Company.”
6. “Content” is data or information expressed with codes, texts, voice, sound, images or videos, which is used in information and communications networks according to the provisions of Subparagraph 1 of Paragraph 1 of Article 2 of the Act on Promotion of Information and Communication Network Utilization and Information Protection, Etc., and refers to data or information produced or processed in an electronic form to increase the utility in its preservation and use. For example, contents include data and information consisting of user generated contents (UGC), texts, documents (thesis etc.), figures, images, videos (streaming videos, etc.), music, etc, directly produced by the “Company” and “members” and posted to the services.
7. “ID” refers to a combination of texts and numbers selected by a “member” and given by the “Company” or a registered email address for identification and service use of the “member.”
8. “Password” refers to a combination of texts or numbers that a “member” has chosen for a password, confirming that the “member” matches the “ID” given to him or her.
9. “Profile” refers to the personal information of a “member” written in the service profile items, such as information entered by the “member” to use the services.
10. “Paid service” refers to various online or offline digital contents and all kinds of services provided by the “Company” for a fee.
11. “Point” refers to a service that is used as a selection expressing such as “Like” to indicate a preference to a lecture, speaker or video etc. “Point” is provided limitedly according to the usage of the service and may be initialized consequently in predetermined period. “Points” are issued and managed by the Company and can be provided as benefits such as charging, event advertisements and rewards in the process of using the service. “Point” can be used only in the service according to the method set by the Company. “Point” has no property value and “members” cannot engage in commercial transactions.
12. “Shop” means that the virtual business place set up for trading “goods, etc.” using information and communications facilities, such as computers, so that the “Company” can provide goods or services (hereinafter referred to as “goods, etc.”) to “users.” It is also used in the sense of a business operator who operates an E-commerce
13. The definitions of terms other than those provided
above are in accordance with industry practices and related laws and
regulations.
Article 3 (Posting and Revision of Terms and Conditions)
1. These Terms and Conditions shall take effect when they are posted within the service so that “members” can check them or when they are notified to “members” in other ways.
2. The “Company” posts the contents of these Terms and Conditions, trade name, representative name, business address (including the address where consumer complaints can be handled), phone number, email address, business license number, mail order business registration number, manager of personal information management, etc. suggest on the initial online screen service so that users can easily see them. However, the contents of the Terms and Conditions can be viewed by the user through the connection screen.
3. Before the “user” agrees to the Terms and Conditions, the “Company” must provide a separate connection screen or popup screen so that the “user” can understand important details such as withdrawal of subscription, delivery responsibility, refund conditions, etc. among the contents stipulated in the Terms and Conditions, and seek confirmation from the “user.”
4. The “Company” may revise these Terms and Conditions to the extent that it does not violate relevant laws such as the Online Digital Contents Industry Development Act, the Act on the Consumer Protection in Electronic Commerce, Etc., and the Act on the Regulation of Terms and Conditions.
5. When the “Company” revises the Terms and Conditions, it must specify and notify the effective date and the reason for the revision together with the current Terms and Conditions from 7 days before the effective date of the revised Terms and Conditions to the day before the effective date. In the case of a change that significantly affects the rights and obligations of the “member,” however, notice shall be made 30 days prior to the effective date, and if there is a change unfavorable to the “member,” the revised Terms and Conditions shall be sent to the email address.
6. If the “member” does not express the intention to
refuse within the notice period in Paragraph 5 above after the “Company”
announces or notifies the revised Terms and Conditions, he or she shall be
deemed to have agreed to the revisions to the Terms and Conditions, and the “Company”
shall not be responsible for damages to “members” caused by not knowing the
information on the changed Terms and Conditions. When revising the Terms and
Conditions, we shall check whether the “member” agrees to the application of
the revised Terms and Conditions after notification. If a “member” does not
agree to the application of the revised Terms and Conditions, the “Company” or
the “member” may terminate the “service” use contract.
Article 4 (Interpretation of the Terms and Conditions)
1. The “Company” may have separate Terms and Conditions and policies for individual services provided, but if the contents conflict with these Terms and Conditions, the Terms and Conditions of individual services shall take precedence.
2. Matters not stipulated in these Terms and Conditions shall comply with the Online Digital Contents Industry Development Act, the Act on the Consumer Protection in Electronic Commerce, Etc., the Act on the Regulation of Terms and Conditions, the Digital Contents User Protection Guidelines set by the Minister of Culture, Sports and Tourism, other related laws or commercial practices.
Article 5. (Establishment of the Use Contract)
1. A person who wants to use the use contract service of the “Company” must agree to these Terms and Conditions and the privacy policy, and apply for membership according to the procedure presented by the “Company.” The Company service use contract shall be concluded when the “Company” accepts such an application.
2. The “Company” shall not, in principle, require real-name authentication when a “user” applies for membership. If real name authentication is required for the use of all or part of the service, however, the “user” can use the service only after authentication.
3. In principle, the “Company” shall approve the use of the service when the “applicant” applies for service use. However, the “Company” may not approve the application or terminate the use contract afterward in the following cases:
① if the user is under the age of 14, regardless of parental consent
② if the applicant has previously lost membership under these Terms and Conditions
③ if the applicant does not provide a real name or uses someone else's name
④ if the applicant enters false information or does not enter the information presented by the Company
⑤ if approval is not possible due to reasons attributable to the “user” or if the application is made in violation of other provisions
4. When a “member” uses a paid service, in principle, the service shall be used after the fee is paid, and the paid service use contract shall be established when the purchase completion is indicated in the application procedure.
5. The “Company” may postpone approval if there is no room for service-related facilities or if there is a technical or business problem.
6. If the membership application is not approved or its approval is postponed in accordance with Paragraphs 3 and 5, the “Company” shall, in principle, notify the applicant.
7. The use contract shall be established when the “Company” indicates that the membership signup has been completed in the application procedure.
8. A person who wants to use this service by joining as a “member” must provide the information requested by the Company, such as email. However, “members” who do not enter actual information cannot receive legal protection and may be restricted from using the service.
9. The ID of a “member” who applied for membership for illegal purposes and using illegal methods, such as stealing other people’s personal information, may be deleted without prior notice, and the “member” may be punished according to related laws.
Article 6 (Duties to Protect Personal Information)
1. The “Company” must do its best to protect the user’s personal information as set forth by the Act on Promotion of Information and Communication Network Utilization and Information Protection, Etc. and other related laws. The “Company’s” privacy policy shall be applied to the protection and use of personal information. However, the “Company’s” privacy policy shall not be applied to linked sites other than its own official site.
2. The “Company” may collect additional personal information with the consent of the “member” for the purpose of improving services and introducing the services to members, as stipulated in related laws and regulations.
3. The “Company” shall not disclose or provide any personal information including account information of a “member” to third parties without the separate consent of the “member,” except where there are special provisions in law.
4. The “Company” may provide links and other methods to use the account information of “members” for the convenience of “members” in services provided in the future.
Article 7 (Obligation for management of member IDs and passwords)
1. “Members” are responsible for managing their IDs and passwords.
2. The “Company” shall restrict the use of a “member” ID if there is a risk of personal information leakage, or it is anti-social or going against to the customs, or if it is likely to be mistaken for the “Company” or its administrator.
3. “Members” may not provide their IDs and passwords for use by third parties.
4. The “Company” shall not be liable for damages in service use caused by “members’” negligence in ID and password management, or damages caused by the illegal use thereof by a third party without the intention or gross negligence of the “Company.”
5. When a “member” recognizes that his/her ID and password has been stolen or used by a third party, he/she must immediately notify the “Company” and follow the instructions of the “Company.”
6. The “Company” shall not be responsible for any loss or damage caused when the above is not satisfied.
Article 8 (Notification to Members)
1. Unless otherwise specified in these Terms and Conditions, the “Company” can notify the “member” using the email address designated by the “member,” mobile phone, etc.
2. In the case of notification to all members, the “Company” may substitute the notice in Paragraph 1 by posting “notices” within the service for more than 7 days.
Article 9 (Obligations of the Company)
1. The “Company” shall not engage in acts prohibited by relevant laws and these Terms and Conditions or contrary to good morals, and strive to provide services continuously and stably.
2. The “Company” must have a security system to protect personal information (including credit information) so that “members” can use the services safely, and disclose and comply with the privacy policy.
3. The “Company” shall handle the opinions or complaints expressed or raised by a “member” in relation to the use of services if they are recognized as justified. Regarding opinions or complaints expressed or raised by a “member,” the process and results are delivered to the member through the bulletin board or via email.
4. The “Company” shall display the following information in an easy-to-understand manner for members on the initial screen or in FAQ of the paid service.
① Name or title of paid service
② Contents of paid services, usage methods, usage fees, payment methods and other terms of use
③ Available devices and minimum technical specifications required for use
Article 10 (Member’s Obligations)
1. “Members” may not engage in any of the following acts:
① Registering false information when applying for use or changing member information
② Stealing other people's information
③ When impersonating an administrator or employee of the “Company” or the Company
④ Changing information posted by the “Company”
⑤ Infringement of intellectual property rights, e.g., the copyright, trade secret, and patent rights of the “Company” and other third parties
⑥ Acts that damage the reputation of the “Company,” “users” and third parties or interfere with their work
⑦ Disclosure or posting of obscene or violent messages, images, voices, and other information that goes against public order and morals
⑧ Acquiring information of other “members” through hacking
⑨ Using the service for profit without the consent of the “Company”
⑩ Other illegal or unfair acts
2. If a “member” engages in an act prohibited in the preceding paragraph, depending on the severity of the violation, the “Company” may take reasonable measures such as restriction of service use such as suspension of service/termination of the contract, reporting to an investigative agency, etc.
3. Members shall not transfer, give or rent the right
to use the service or other status in the usage contract to a third party, and
cannot provide this as collateral without the express prior consent of the
Company.
Article 11 (Provision of Service, Etc.)
1. In principle, the service shall be provided 24 hours a day throughout the year.
2. The “Company” may temporarily suspend the provision of services in such cases like maintenance, replacement and breakdown of information communications facilities such as computers, communication interruption, or for operationally justifiable reasons. In this case, the “Company” shall notify “members” in the method stipulated in Article 8. However, the “Company” may notify subsequently when there is an unavoidable reason not to notify in advance.
3. The “Company” may conduct regular inspections if necessary for the provision of services, and the regular inspection times shall be disclosed on the service provision screen.
Article 12 (Change of Service)
1. The “Company” may change all or part of the services it provides according to operational and technical needs if it is justifiable. If there is a change in the contents, use method, and use time of the service, the reason for the change, the details of the service to be changed and the date of provision, etc. shall be posted on the initial screen of the service for at least 7 days before the change.
2. The “Company” may modify, suspend, or change some or all of the provided services according to the policy and operational needs of the “Company.” In this regard, unless there is a special provision in relevant laws, no separate compensation shall be given to “members.”
Article 13 (Purchasing Paid Services)
1. “Members” must make a purchase after accurately checking the details of the paid service and transaction conditions written by the “Company” on the website before purchasing the paid service sold or provided by the “Company” through the service. “Members” shall be responsible for all damages incurred by purchasing the paid service without confirming the contents of the paid service and the terms of the transaction.
2. If the content of the paid service to be provided is different from that of the previously posted paid service because the paid service is sold out or the technical specifications related to the provision of the paid service have been changed, the “Company” may change the content of the paid service to be provided in the future. In this case, the contents of the changed paid service shall be specified and disclosed where the contents of the current goods or services are posted.
3. If the “Company” cannot provide the paid service requested by a “member,” it shall notify the “member” of the reason without delay, and initiate the termination and refund procedure as quickly as possible from the date of the notification, or provision points such follow up measures should be taken. However, follow-up measures may vary depending on membership status and classification.
Article 14 (Regulations on Withdrawal of Subscription, Etc.)
1. The “Company” may, if necessary, request the “member” requesting withdrawal of subscription, etc. to provide data on subscription withdrawal, etc.
2. The period for withdrawal of subscription and refund request shall comply with the period stipulated by relevant laws (Act on the Consumer Protection in Electronic Commerce, etc.), and the specific period is as follows.
① The date on which the paid service is supplied or within 7 days from the date of receipt of the contract for product supply, notice, etc.
② If the content of the supplied paid service is different from the displayed or advertised content, or if it is performed differently from the contract, within 3 months from the date of receiving the product or within 30 days from the date the fact was known or could not be known.
③ In accordance with Paragraph 3 of this Article, if there is any payment received within the period stipulated by the related law (the Act on the Consumer Protection in Electronic Commerce Transactions, etc.), it shall be refunded and, in this case, if the “member” has a profit from using the relevant paid service, the amount can be provided and refunded.
④
When the “Company”
refunds the payment to the “member,” all or part of the payment shall be
refunded in the same way as the payment was made, and if the money cannot be
refunded in the same way, alternatives shall be presented and the refund shall
be made according to the member’s choice.
Article 15 (Information Service)
1. A “member” can always inquire about point use and search history through the Virtual Spine Academy service website, service-related mobile application, etc.
2. The “Company” may provide information on the use details of points earned by “members” to “members” through various channels, such as the service website, event webpage, email, direct mail (DM), short/long texts message (SMS/MMS), etc. The “Company” may provide Virtual Spine Academy Service point use history and affiliate contents service details directly or by outsourcing it to affiliates.
Article 16 (website Use and Other Services)
1. A “member” can use various services provided on the ‘Virtual Spine Academy’ service website.
2. Matters related to the use of the “Virtual Spine Academy” service website shall comply with the “Terms and Conditions for use of the Virtual Spine Academy website.”
3. The “Company” can configure and provide various additional services for “members.” When additional services are provided, it shall be notified through the “Virtual Spine Academy” service website and mobile application.
Article 17 (Provision of Information and Posting of Advertisements)
1. The “Company” may post advertisements using member information and information entered by customers in relation to service operation. A “member” is deemed to agree to the posting of customized advertisements exposed when using the service.
2. The “Company” shall not be responsible for any loss or damage caused by members participating in, communicating or transacting with advertisers' promotional activities posted on the service or through the service.
3. The “Company” may post various kinds of information on notices within the service while operating the service or provide it to “members” by email, etc.
4. If members agreed to sign up for the 'Virtual Spine Academy' service, they shall be deemed to have agreed to the sending of email.
Article 18 (Copyright to Posts)
1. The copyright to the posts posted by “members” within the “Virtual Spine Academy” service belongs to the authors of the posts.
2. All the “Contents” posted by “members” within the “Virtual Spine Academy” service may be exposed to photos, images, search results, service and related promotions, etc. and they may be partially modified, reproduced, edited before posting. In this case, the “Company” shall comply with the provisions of the Copyright Act, and “members” may at any time take or request measures such as deletion, exclusion of search results, and non-disclosure of the posts through the customer center or management function within the service.
3. The “Company” must obtain the consent of “members” in advance through phone, fax, email, etc. when using the posts of “members” in a way other than described in Paragraph
Article 19 (Responsibility for Members’ Posts)
1. The “Company” may take necessary measures, such as temporary measures, deletion or refusal to post, for the posts without prior notice if it is determined that the posts posted or delivered by a “member” to the service falls under any of the following cases:
① if the content slanders or defames the “Company,” another “member” or a third party;
② if the content violates public order and morals;
③ if it is determined that the content of the post is related to criminal activity;
④ if the content infringes on the rights of others, e.g., the copyright of the “Company” or the copyright of a third party;
⑤ if the content causes political, religious and racial disputes in a way that violates laws or infringes on the rights of others;
⑥ if unnecessary or unauthorized advertisements or promotional materials are posted;
⑦ if the content was created by stealing other people's personal information, or if the information entered by others was forged or altered without permission;
⑧ if it is contrary to the purpose of posting, e.g., posting multiple duplicates of the same content;
⑨ if it was notified that the post would be designated as a medium harmful to youths in accordance with the Act on Promotion of Information and Communication Network Utilization and Information Protection, Etc. or the Youth Protection Act, or it was designated as such, and it is judged that the post is equivalent to this;
⑩ if the content is judged to be in violation of other related laws and the Company's detailed guidelines for using each service.
2. The “Company” may separately establish and implement detailed guidelines related to postings for each service, and “members” must publish the posts (including delivery between “members”) according to the guidelines.
Article 20 (Management of Posts)
1. If the posts of a “member” include contents that violate related laws, such as the “Act on Promotion of Information and Communication Network Utilization and Information Protection, Etc.” and the “Copyright Act,” the right holder may request the suspension or deletion of the posts in accordance with the procedures set by relevant laws, and the “Company” and the “member” must take measures in accordance with relevant laws.
2. Even when there is no request from the right holder pursuant to the preceding paragraph, the “Company” may take temporary measures, etc. against the relevant posts in accordance with relevant laws if there is a reason to recognize that the posts violate rights or they violate the policy of the “Company” and related laws.
Article 21 (Reversion of Rights)
Copyright and intellectual property rights for the service shall belong to the “member” who published the post. However, the posts of “members” and works provided according to the partnership agreement shall be excluded. If a post is published on the “Virtual Spine Academy” service, they shall be deemed to provide the right to use the works to “Virtual Spine Academy.” The “Company” shall grant the “member” only the right to use the account, ID, posts, etc. in accordance with the Terms and Conditions set by the “Company” in relation to the service, and the “member” may not transfer or sell it, or offer it as collateral.
Article 22 (Members’ Cancellation, Termination, Etc. of the Contract)
1. A “member” can apply for service withdrawal through his/her information management menu at any time, and the “Company” must process it immediately in accordance with related laws.
2. If a “member” terminates the contract, all “member” data shall expire immediately upon termination, except in cases where the “Company” retains member information according to related laws and the privacy policy.
3. If a “member” terminates the contract, all datas registered in his/her account shall be deleted.
4. If a “member” terminates the contract, all “points” that "Company" provided to "Member" shall also expire and shall not be restored.
Article 23 (Limitation of Service Use, Etc.)
1. The “Company” may limit the use of the service in phases, e.g., warning, suspension, or contract termination if a member violates the obligations of these Terms and Conditions or interferes with the normal operation of the service.
2. Notwithstanding the preceding paragraph, in case of violation of related laws, such as identity theft and payment theft in violation of the “Resident Registration Act,” the provision of illegal programs and interference with operations in violation of the “Copyright Act” and the “Computer Program Protection Act,” and illegal communication and hacking in violation of the “Act on Promotion of Information and Communication Network Utilization and Information Protection, Etc.,” distribution of malicious programs, exceeding access rights, etc., the “Company” may terminate the contract immediately. If the contract is terminated in accordance with this paragraph, all benefits obtained through the use of the service shall also expire, and the “Company” shall not compensate for this separately.
3. If the “Company” receives a report or notice or recognizes that the user generated contents (UGC) infringe on the rights of “Company” or a third party, it may delete the contents uploaded by “members” or restrict their use of service.
4. The “Company” shall establish the conditions and details of the restriction within the scope of use restrictions in this Article as set forth in the use restriction policy, etc.
5. If the “Company” restricts the use of service or terminates the contract in accordance with this Article, it shall notify it in accordance with Article 8.
6. A “member” may file an objection against the restrictions on the use of service under this Article according to the procedure set by the “Company.” At this time, if the “Company” recognizes that the objection is justified, the “Company” shall immediately resume the use of service.
Article 24 (Limitation of Liability)
1. The “Company” shall be exempted from responsibility for service provision if it is unable to provide the service due to natural disasters or force majeure equivalent thereto.
2. The “Company” shall not be responsible for any hindrance to service use due to reasons attributable to the “member.”
3. The “Company” shall not be responsible for the reliability and accuracy of information, data, and facts posted by “members” in relation to the service.
4. The “Company” shall be exempted from liability for transactions between “members” or between “members” and third parties through service.
5. The “Company” shall not be responsible for the use of services provided free of charge unless otherwise specified in related laws.
Article 25 (Purchase of Contents and Goods)
1. “Users” can purchase contents and goods provided by the Company through open market stores, application stores and other channels.
2. “Users” shall pay using PG's service to purchase contents and goods.
Article 26 (Payment Cancellation, Refund, Etc.)
1. Paid contents provided by the “Company” to “members” can be canceled and refunded within 7 days of the payment date.
2. Payment cannot be canceled and refunded after 7 days from the payment date if the user changes his/her mind or used points.
3. The “Company” shall do its best to complete the refund as soon as possible when there is a cancellation or refund request from the “user.”
Article 27 (Provision and Change of “Shop” Service)
1. The “Company” shall perform the following tasks in “Virtual Spine Academy Shop” (hereinafter referred to as the “Shop”).
① Provision of information on goods or services and conclusion of a purchase contract
② Delivery of goods or services for which a purchase contract has been concluded
③ Other tasks determined by the Company
2. The “Company” may change the contents of the goods or services to be provided according to the contract to be concluded if the goods or services are sold out or technical specifications are changed. In this case, the contents of the changed goods or services and the date of provision shall be specified and the contents of the current goods or services shall be immediately announced in places where they are posted.
3. If the contents of the service that the “Company” contracted with the “user” to provide are changed due to reasons, e.g., they are out of stock of goods or technical specifications are changed, the reason must be immediately notified to the “user.”
4. In the case of the preceding paragraph, the “Company” compensates the “user” for damages caused by this. This is not the case, however, if the “Company” proves that there is no intention or negligence.
Article 28 (Suspension of “Shop” Service)
1. The “Shop” may temporarily suspend the provision of services in the event of maintenance, replacement and breakdown of information communication facilities such as computers, or interruption of communication.
2. The ”Shop” shall compensate for damages suffered by the “user” or a third party as service provision was temporarily suspended due to the reasons mentioned in Paragraph 1. This is not the case, however, if the “Shop” proves that there is no intention or negligence.
3. In the event that the service cannot be provided due to conversion of business items, abandonment of business, integration between companies, etc., the “Shop” shall notify it to the “user” in the manner stipulated in Article 11, and compensate consumers in accordance with the conditions initially presented by the “Shop.” If the “Shop” does not notify the compensation standards, etc., however, the reserves or points of “users” shall be paid to the “users” in kind or cash corresponding to the currency value used in the “Shop.”
Article 29 (“Shop” Service Purchase Request)
1. ”Shop” service “users” shall request purchase in the “Shop” by the following or similar methods, and the “Shop” shall provide each of the following information in an easy-to-understand manner to the “users” when they request purchase.
① Search and selection of goods, etc.
② Entering the recipient's name, address, phone number, email address (or mobile number), etc.
③ Confirmation of the contents of the Terms and Conditions, services with a limited right to withdraw subscription, and costs such as shipping and installation costs
④ Indication of agreement to these Terms and Conditions and confirmation or rejection of the items in Subparagraph 3 above (ex, mouse click)
⑤ Requesting purchase of goods, etc. and confirmation thereof or consent to the confirmation of the “Shop”
⑥ Selection of a payment method
⑦ Matters required under other related laws
2. If the “Shop” needs to provide or outsource the purchaser’s personal information to a third party, the purchaser’s consent must be obtained at the time of the actual purchase request, and comprehensive consent shall not be obtained in advance during membership signup. In this case, the “Shop” must specify to the purchaser the personal information items to be provided, the recipients, the recipient’s purpose of using the personal information, the retention and use period, etc. If there are other provisions in relevant laws and regulations, e.g., outsourcing of personal information handling pursuant to Paragraph 1 of Article 25 of the Act on Promotion of Information and Communication Network Utilization and Information Protection, etc., however, the “Shop” shall comply with them.
Article 30 (Establishment of the “Shop” Purchase Contract)
1. The purchase contract for goods, etc. shall be concluded when the “Shop” expresses its intention to accept the purchase request of the “user” pursuant to Article 29.
2. The ”Shop” may not accept the purchase request under Article 30 if it falls under any of the following subparagraphs. When a contract is concluded with a minor, however, the minor or his/her legal representative must notify that they can cancel the contract if the consent of the legal representative is not obtained.
① If a purchase request for out-of-stock products occurs due to a system error, etc., or it is confirmed that it is impossible to supply the products at the purchase request price due to significant price fluctuations
② If there is false information, omission or an error in the request
③ If a minor purchases goods and services prohibited by the Youth Protection Act.
④ If it is judged that accepting other purchase requests is significantly impeded by the technology of the “Shop”
2. The contract shall be deemed to have been established when the acceptance of the “Shop” reaches the “user” in the form of an acknowledgment notice in Paragraph 1 of Article 33.
3. The "Shop’s" expression of intention to accept must include information on the confirmation of the “user’s” purchase request and availability, correction or cancellation of the purchase request, etc.
Article 31 (Payment Method for Use of the “Shop”)
1. Goods or services purchased from the “Shop” can be paid for by any of the following methods that are available. However, the “Shop” cannot collect any in addition to the price of goods, etc. as a payment method of the “user.”
① Various card payments such as credit cards.
② Payment by other electronic payment methods such as e-cash
③ Other payment methods additionally designated by the “Company”
2. The responsibilities and disadvantages incurred in relation to the information entered by the “user” with regard to the payment of the purchase price of goods, etc. shall be entirely borne by the “user.”
3. The “Shop” can check whether the user has a legitimate right to use the payment method used to pay for the transaction, and either suspend transactions until the confirmation is completed, or cancel transactions that cannot be cannot be confirmed.
4. The amount that the “user” actually pays is the amount (actual purchase amount) to which the supply price, basic usage fee, rewards applied to goods, delivery cost, options of optional products, etc. set by the Company are applied, and the proof of purchase issued to the “user” (cash receipts, tax invoices, credit card sales slips, etc.) shall be issued with the actual purchase amount.
Article 32 (Notification of Receipt Confirmation, Change and Cancellation of Purchase Request)
1. The ”Shop” shall notify the “user” of the receipt confirmation when the “user” makes a purchase request.
2. If there is any discrepancy in the expression of intention, etc., the “user” who received the acknowledgment notice can request the change and cancellation of the purchase request immediately after receiving it, and the request must be processed without delay. If there is a request from the “user” before delivery, the “Shop” shall immediately process it according to the request. If the payment has already been made, however, the provisions of Article 35 regarding withdrawal of subscription, etc. shall apply.
3. If there are special circumstances, e.g., the actual delivery of the requested goods, etc., for which cancellation request was made, started, or customized manufacturing (production) started, the “Shop” may reject or withhold the cancellation request of the “user.” In this case, a separate notice (including guidance through the system) shall be given to the “user.”
4. If the “Shop” refused or suspended cancellation processing, or if the “user” does not withdraw the cancellation request within 1 day from the date, or if there is no agreement between the “Shop” and the “user,” the cancellation request shall be automatically withdrawn and the purchase contract for goods, etc. shall be executed as is.
5. If the promised date has elapsed or if the “Shop” does not respond to the “user’s” request for cancellation within 3 days, the purchase contract for the goods, etc. shall be canceled immediately. If an amount necessary for cancellation occurs, such as if the Company suffers damages for cancellation, however, the cancellation may be processed only when the user pays the corresponding amount.
Article 33 (Supply of Goods, Etc.)
1. Unless there is a separate agreement with the “user” regarding the supply period of goods, etc., the “Shop” shall take necessary measures, e.g., custom manufacturing and packaging within the 7 days from the day the “user” subscribed If the “Shop” has already received all or part of the payment for goods, etc., however, it shall take measures within 3 business days from the date of receiving all or part of the payment. At this time, the “Shop” shall take appropriate measures so that the “user” can check the goods supply procedure and progress.
2. The “Shop” shall specify the delivery method for the goods purchased by the “user,” the person responsible for the delivery cost for each method, and the delivery period for each method. If the “Shop” exceeds the stipulated delivery period, it must compensate the “user” for damages. This is not the case, however, if the “Shop” proves that there is no intention or negligence.
3. The “Shop” shall, in principle, settle disputes among purchasing members, shipping companies, financial institutions, etc. in relation to delivery, and the “Shop” shall not bear any responsibility.
4. Products purchased from the “Shop” shall be stored free of charge for up to 1 month when they are not delivered normally due to customers’ negligence (address errors, contact information errors, etc.). Products that are not claimed for more than 1 month shall be disposed of by the “Shop” arbitrarily, and it shall not take any responsibility for the results of such disposal.
Article 34 (Refunds)
If the goods requested by the “user” cannot be delivered or provided as they are out of stock, etc., the “Shop” shall notify the “user” of the reason without delay in the manner specified in Article 8. If payment for goods, etc. has been received in advance, refund the money or take necessary measures within 3 business days from the date of receipt of the payment.
Article 35 (Withdrawal of Subscription, Etc.)
1. The “user” who has concluded a contract for the purchase of goods, etc. with the “Shop” may withdraw subscription within 7 days from the date of receipt of a document on the contents of the contract pursuant to Article 13 (2) of the Consumer Protection Act in Electronic Commerce, etc. (if the goods, etc. are supplied later than the date on which the written notice was received, it refers to the date on which the goods are supplied or the supply of goods, etc. started).
2. If “users” received the goods, etc., they cannot return or exchange goods, etc., in any of the following cases.
① In case the goods, etc. are lost or damaged due to reasons attributable to the “user.” (If the packaging is damaged to check the contents of the goods, etc., however, the subscription may be withdrawn.)
② If the value of goods, etc. has significantly decreased due to the use or partial consumption thereof by the “user”
③ In case the value of goods has significantly decreased due to the passage of time to the extent that their resale is difficult
④ If it is possible to reproduce goods with the same performance, etc. In case the original packaging of goods, etc. is damaged
⑤ If the ”Shop” gave a prior notice with regard to restriction on withdrawal of subscription, and the “user” consented to it as serious damage beyond repair is expected when subscription for certain goods, etc. is withdrawn
⑥ If the rewards (reserves and points) provided by the “Shop” through the completion of the purchase contract cannot be recovered as the “user” used them
3. In the case of Subparagraphs 2 through 4 of Paragraph 2, if the “Shop” did not specify in advance the fact that the withdrawal of subscription is restricted in a place where consumers can easily understand it, or did not take measures such as providing trial products, the “user’s” withdrawal of subscription, etc. shall bit be restricted.
4. Notwithstanding the provisions of Paragraphs 1 and 2, if the contents of the goods, etc. are different from the labeling or advertisement or implemented differently from the contract, the “users” can withdraw subscription within 3 months from the date they received the goods, etc., or within 30 days from the date they knew or could have known the fact.
Article 36 (Effect of Withdrawal of Subscription, Etc.)
1. If the goods are returned from the “user,” the ”Shop” shall refund the amount already paid for the goods within 3 business days. In this case, if the “Shop” delays the refund for the goods, etc. to the “user,” the delay charge calculated by multiplying the amount by the delay interest rate set by Article 21-2 of the Enforcement Decree of the Act on the Consumer Protection in Electronic Commerce, shall be paid for the delay period.
2. If the “user” paid for the goods, etc. by a payment method such as credit card or e-cash, when refunding the above amount, the “Shop” shall promptly request the business operator that provided the payment method to pay for the goods, etc. to stop or cancel the billing.
3. In case of withdrawal of subscription, the “user” shall bear the cost necessary to return the supplied goods. The “Shop” shall not claim a penalty or compensation for damages against the “user” for reasons such as withdrawal of subscription. If the contents of the goods, etc. are different from the labeling or advertisement or implemented differently from the contract, and the subscription is withdrawn, however, the “Shop” shall bear the cost of returning the goods.
4. If the “user” has paid the shipping cost when receiving goods, etc., the “Shop” shall clearly indicate who will bear the cost when the subscription is withdrawn so that the “user” can easily understand it.
5. If refund is not possible due to an input error of the account number for the refund, unavailable accounts, or for a reason attributable to the payment method provider, etc., it shall be handled in one of the following ways:
① Contacting individual “users” to confirm and depositing the amount in their accounts
② Displaying and storing the amount as the expected refund amount, and later depositing the amount in their account at the request of the “users”
6. In case of partial order cancellation or partial return, the refunded amount may be slightly different from the amount expected by the “user” as the conditions for applying the discount service change.
Article 37 (“Shop” Service Personal Information Protection)
1. The “Shop” shall collect minimum personal information within the range necessary for service provision when collecting personal information of the “user.”
2. The “Shop” shall not collect in advance the information necessary to fulfill the purchase contract during membership signup. However, this is not the case if minimum specific personal information is collected when identification is required before the purchase contract to fulfill the obligations under relevant laws.
3. If the ”Shop” collects and uses personal information of a “user,” it shall inform the “user” of the purpose and obtain his/her consent.
4. The “Shop” cannot use the collected personal information for any purpose other than the intended one, and if a new purpose of use occurs or it is provided to a third party, the “Shop” shall inform the “user” of the purpose at the stage of use and provision. However, exceptions shall be made if stipulated otherwise in relevant laws and regulations.
5. If the “Shop” needs to obtain the consent of the “user” according to Paragraphs 3 and 4, it must specify or notify, in advance, matters stipulated in Paragraph 2 of Article 22 of the Act on Promotion of Information and Communication Network Utilization and Information Protection, Etc., e.g., the identity of the person in charge of personal information management (affiliation, name, phone number and other contact information), the purpose of collecting and using information, and matters related to provision of information to a third party (recipient, the purpose of provision and details of the information to be provided), and the “user” may withdraw this consent at any time.
6. The “user” may request at any time to access and correct errors in his/her personal information possessed by the “Shop,” and the “Shop” shall be responsible for taking necessary measures without delay. If the “user” requests correction of an error, the “Shop” shall not use the personal information until the error is corrected.
7. The ”Shop” must limit the persons who handle the personal information of “users” to the minimum for personal information protection. It shall be responsible for all damages to the “users” due to loss, theft and leakage of their personal information, and provision thereof to third parties without consent, alteration, etc. thereof, including credit card and bank account information.
8. When the “Shop” or a third party who has received personal information from it has achieved the purpose of collecting or receiving personal information, the personal information shall be destroyed immediately, except in cases where it is obligated to keep it for a certain period of time under relevant laws and regulations.
9. The “Shop” shall not set the consent box for collection, use, and provision of personal information as pre-selected. In addition, the “Shop” shall specify the service restricted when the “user” refuses to consent to the collection, use, and provision of personal information in detail, and shall not restrict or refuse the provision of services such as membership signup because the “user” refused to consent to the collection, use, and provision of non-essential personal information.
Article 38 (Obligations of “Shop” Service)
1. The “Shop” shall not engage in acts prohibited by laws and regulations or these Terms and Conditions or contrary to public order and morals, and shall do its best to provide goods and services continuously and stably as stipulated in these Terms and Conditions.
2. The “Shop” must have a security system to protect the personal information of “users” (including credit information) so that they can use Internet service safely.
3. The “Shop” shall be responsible for compensating for damages sustained by “users” when the “Shop” has labeled or advertised goods or services unfairly as prescribed in Article 3 of the Act on the Act on Fair Labeling and Advertising.
4. The “Shop” may not send emails for commercial purposes when the “user” has clearly expressed his/her intention to opt out.
Article 39 (Obligations of “Shop” Service “Users”)
“Users” may not engage in any of the following acts:
1. Registering false information when applying for use or making a change
2. Stealing other people's information
3. Changing information posted on the “Shop”
4. Transmission or posting of information (computer programs, etc.) other than the information specified by the “Shop”
5. Infringement of intellectual property rights such as the copyright of the “Shop” and third parties
6. Acts that damage the reputation of the “Shop” or third parties or interfere with business
7. Disclosure or posting of obscene or violent messages, images, voices, and other information that goes against public order and morals in the mall
Article 40 (The relationship between the Connecting “Shop” and the Connected “Shop”)
1. If the higher “Shop” and the lower “Shop” are connected by hyperlink (ex: hyperlink targets include texts, figures and videos), the former is called the connecting “Shop” (website) and the latter is called the connected “Shop” (website).
2. If the connecting ”Shop” clearly indicated that it does not bear warranty liability for a transaction with the “user” based on the goods independently provided by the connected ”Shop” in the initial screen of the connecting ”Shop” or the popup screen at the time of connection, the connecting “Shop” shall not bear warranty liability for the transaction.
3. The connected “Shop” follows the terms and conditions and policies of the connecting “Shop”.
Article 41 (Attribution of the Copyright of the “Shop” and Restrictions on its Use)
1. The copyright and other intellectual property rights for works created by the ”Shop” belong to the “Shop.”
2. Among the information obtained by using the “Shop,” the “user” may not copy, transmit, publish, distribute, broadcast, or use other methods to use the information whose intellectual property right belongs to the “Shop” for commercial purposes without the prior consent of the “Shop,” or let a third party use this information.
3. The ”Shop” must notify the “user” when using the copyright belonging to the “user” according to the Terms and Conditions.
4. Copyright and all responsibilities for posts such as product reviews and product-related questions written by “users” when using the “Shop” shall belong to the “users.” However, to provide services to users, the Company has the right to use the posts, e.g., store, reproduce, modify, publicly transmit, display, distribute, and create secondary works for the posts (there are no restrictions on the time limit and region, and there is no separate payment license without payment).
In accordance with this use right, the “Company” can expose users’ posts within the scope stipulated by related laws such as the Copyright Act, use it to promote various electronic commerce-related services of the Company, conduct research for service operation, improvement and new service development, and use it for marketing a product for integrated management of product-related information.
5. The “Company” may take action in accordance with related laws or policies of the “Company,” such as deleting the posts without prior notice, if the posts created by the purchasing member in the “Shop” fall under any of the following cases. The Company” shall take no responsibility whatsoever.
① If they contain contents that violate related laws
② If members post or advertise illegal products or pornography prohibited by related laws
③ If they contain false or exaggerated claims
④ If they infringe on the rights, honor, credit or other legitimate interests of others
⑤ If members induce direct transaction or post a link to another site
⑥ If they contain malicious codes or data that may cause malfunction of information and communications devices
⑦ If they violate social public order or morals
⑧ If they contain contents related to criminal activity
⑨ If they contain contents that cause political or economic disputes
⑩ If it is judged to interfere with the efficient progress of the service provided by the Company
Article 42 (Operation of the Reward Reserve System)
1. The “Shop” may grant reserves or points to “users” as prizes and gifts, etc. to “users” who purchase goods or purchase with specific payment methods, etc. Matters related to the granting and use of the reserves or points shall be governed by these Terms and Conditions or the operation policy of the “Shop.”
2. Reserves or points can be used in accordance with the policy for using the reserves indicated when goods are purchased from the “Shop,” but cannot be used for some goods (gift certificates, etc.) that the “Shop” has not allowed, and cannot be redeemed for cash.
3. Points or points are accumulated as ‘G Point’ of ‘Virtual Spine Academy’, and the points paid follow the "Virtual Spine Academy" point usage policy and expiration criteria.
4. Reserves or points are goods that can only be used in the “Virtual Spine Academy” service and cannot be redeemed for cash.
5. The reserves shall be used in the order in which they are granted and cannot be transferred to a third party.
Article 43 (Dispute Settlement)
1. The “Company” shall install and operate a damage compensation processing mechanism to reflect the legitimate opinions or complaints of “users” and compensate for the damage.
2. The “Company” shall handle complaints and opinions submitted by “users” with priority. If prompt processing is difficult, however, the reason and processing schedule shall be immediately notified to the “user.”
3. If a “user” requested damage relief in relation to electronic commerce disputes between the “Company” and the “user,” it may follow the mediation of the Fair Trade Commission or a dispute mediation agency commissioned by the Mayor/Do Governor.
Article 44 (Competent Law and Jurisdiction)
1. The law of the Republic of Korea shall apply to lawsuits filed between the “Company” and “members.”
2. Lawsuits concerning disputes between the “Company” and “members” shall be brought to the competent court under the Civil Procedure Act.
Article 45 (Language Effect)
These Terms and Conditions shall be written in both Korean and English. If there is any inconsistency or conflict between the contents of each language with respect to the contents of these Terms and Conditions, the contents of the Korean version shall prevail.
[Addendum]
Service Terms and Conditions Version Number : 1.0
Service Terms and Conditions Revision Date : January 1, 2023
Service Terms and Conditions Effective Date : January 10, 2023