Chapter 1 General Provisions
Article 1 (Purpose)
The purpose of these General Terms and Conditions is to specify in detail the rights, obligations, use conditions, responsibilities, and any other necessary matters between NexThera. (hereinafter referred to as “Company”) and its customers using the Company’s website (hereinafter referred to as a “user(s)”).
Article 2 (Subject of Operation and Management)
NexThera shall be the subject of operation and management for the website.
Article 3 (Effect and Modification of General Terms and Conditions)
(1) These General Terms and Conditions shall come into effect when it is publicly announced through the main webpage on the homepage of NexThera.
(2) In the event that there is a reasonable ground to modify these General Terms and Conditions, the Company may do so to the extent that it does not violate relevant laws. In the event that there is a change in these General Terms and Conditions, the Company shall publicly announce it without delay.
(3) A user using the website shall be deemed to have consented to these General Terms and Conditions.
(4) A user’s consenting to these General Terms and Conditions shall mean his or her consent to confirming any change in these General Terms and Conditions by visiting the homepage regularly. In the event that a user suffers damages because he or she has not been aware of the modified General Terms and Conditions, the Company shall not be responsible for the damages.
Chapter 2 Protection of Personal Information
Article 4 (Protection of Personal Information)
(1) The Company shall collect the minimum amount of personal information necessary.
(2) The minimum amount of personal information shall require the following matters:
② E-mail address
(3) The Company shall collect the minimum amount of personal information to receive the reporting to respond to inquiries.
(4) Where the Company has fulfilled the purpose of collecting or using personal information, it shall immediately destroy users’ personal information.
Provided, however, that the Company may retain users’ personal information where it is required under the provisions of relevant laws to preserve personal information.
(5) The Company shall not take any responsibility for information disclosed due to a user’s fault.
Chapter 3 Obligations between Service Provider and Users
Article 5 (Obligations of Company)
(1) In order to provide the services continuously and stably, when relevant facilities have failures or have been lost, the Company shall repair or recover them without delay unless there is an unavoidable reason not to do so.
(2) The Company shall establish a security system to protect personal information, and publicly announce and comply with personal information protection policies.
(3) Where any opinion or complaint raised by a user is objectively found to be reasonable, the Company shall immediately process it through appropriate procedures; provided, however, that where it is difficult to immediately process it, the Company shall notify the relevant user of the reason(s) and a schedule for processing.
Article 6 (Obligations of Users)
(1) A user shall prepare all relevant matters for the reporting to respond to inquiries with his or her real name or anonymously based on facts. If a user has registered false or a third party’s information, he or she may not claim any right.
(2) Users shall comply with matters provided in these General Terms and Conditions, relevant other provisions specified by the Company, matters notified by the Company including public announcement, and relevant laws. Users shall not engage in any activity of obstructing the Company’s business or undermining the Company’s reputation.
(3) Without the Company’s express consent, a user may not assign, transfer as a gift, or offer as security his or her use rights of the services or any other contractual status to a third party.
(4) Users shall not infringe upon intellectual property rights of the Company or any third party.
(5) Users shall not engage in any of the following activities, but if a user has done so, the Company may take relevant actions including restrictions on the user’s service use and lawful measures:
① Misappropriating personal information of other users;
② Falsely assuming the Company’s management, employees or related persons;
③ Changing the Company’s client programs without obtaining a special right from the Company, hacking the Company’s server, or changing at will all or part of the website or the posted information;
④ Inflicting damages to the services or intentionally obstructing the services;
⑤ Reproducing for purposes other than the use of the services, using for publication, broadcasting, etc., or providing to a third party any information obtained through the services, without a prior approval of the Company;
⑥ Distributing to third party any insulting content or any content of private information that may infringe upon third parties’ reputation or privacy, by posting the content, etc.;
⑦ Collecting or saving other users’ personal information without obtaining approval from the Company;
⑧ Engaging in any activity objectively found to be related to crimes;
⑨ Violating any other relevant provisions or use conditions specified by the Company including these General Terms and Conditions; or
⑩ Otherwise violating relevant laws.
Chapter 4 Use of Services
Article 7 (Service Use Hours)
(1) In principle, the services shall be operated 24 hours a day, 365 days a year, unless there is a special problem in the Company’s business or technology. Provided, however, that the Company may temporarily suspend the services on a day or time determined by the Company for regular system inspection, expansion and replacement, and such temporary suspension of service due to a relevant scheduled work shall be notified in advance through homepage.
(2) The Company may temporarily suspend the services without notice due to inevitable reasons such as urgent system inspection, expansion, and replacement, and completely suspend the current services for relevant reasons as the Company considers it appropriate, such as replacement with a new service.
(3) The Company may limit or suspend all or part of the services if it is impossible to provide normal services due to a national emergency, power outage, failure of service facilities, or congestion in service uses. However, in this case, the reasons and a relevant period shall be notified to users in advance or after the fact.
(4)Company shall not give a notice thereof.
(5) The Company may divide the services into specific categories and separately specify relevant available times by each category. However, in this case, the content shall be publicly announced.
Article 8 (Copyright for Postings)
(1) Copyrights and other intellectual property rights for works created by the Company shall be vested in NexThera.
(2) Users shall not reproduce, transmit, distribute, broadcast, use for profitable purposes or cause a third party to use in any other way, any information they have obtained through the NexThera’s homepage.
Article 9 (Provision of Information)
(1) The Company may provide users with various information found to be necessary to use the services, through channels other than the website.
(2) The Company may request additional personal information with a relevant user’s consent for the purpose of improving or introducing the services, etc.
Chapter 5 Restrictions on Service Use
Article 10 (Restrictions on Service Use)
(1) The Company may restrict the use of the services if a user violates Article 6 of these General Terms and Conditions or in each of the following cases:
① Giving severe insult to other users or obstructing service uses;
② Otherwise obstructing normal service operations; or
③ Where there is a request for correction by public authorities, such as the Korea Internet Safety Commission.
(2) The Company may take measures of temporarily suspending service uses or initialization, etc. against users using the services with respect to their service uses without a separate notification, according to the provisions for restrictions on service use above.
Chapter 6 Compensation for Damages and Other Matters
Article 11 (Compensation for Damages)
The Company shall not be held liable for any damages with respect to the use of the services provided free of charge in connection with any matter not specified in the personal information protection policies.
Article 12 (Exemption from Liability)
(1) If the Company is unable to provide the services due to natural disasters, wars, or any other similar force majeure events, it shall be exempted from liability for the provision of services.
(2) The Company shall be exempted from liability for damages caused by a telecommunication service provider’s suspension of telecommunication services or failure to provide normal telecommunication services.
(3) The Company shall be exempted from liability for damages caused by unavoidable reasons such as maintenance, replacement, regular inspection of service facilities, construction works, etc.
(4) The Company shall be exempted from liability for any failures or damages in service uses due to reasons attributable to a relevant user(s).
(5) The Company shall be exempted from liability for damages caused by failures in a relevant user’s computer, or for damages caused by a relevant user’s entering his or her personal information and e-mail addresses improperly.
(6) The Company shall be exempted from liability for damages caused by materials that a relevant user has obtained in using the services. Also the Company shall be exempted from compensatory liability for mental damages that a relevant user has suffered in using the services.
(7) The Company shall not be obligated to intervene in disputes arising between users and between users and a third party through the services nor shall it be liable for any damages incurred as a result.
(8) The Company shall not be held liable for any damages with respect to uses of the services provided to users free of charge.
Article 13 (Jurisdiction and Governing Laws)
(1) Any matter not specified in these General Terms and Conditions or proper interpretation of these General Terms and Conditions shall be governed by the Electronic Transaction Consumer Protection Guidelines, relevant laws, or commercial practices.
(2) If any lawsuit is brought with respect to any dispute arising in the service uses, it shall be heard by a court of competent jurisdiction where the Company’s head office is located.
(Date of Implementation) These General Terms and Conditions shall be applied from July 1, 2021.