InDream MediSupport Service Terms of Use
Article 1 (Purpose)
The purpose of Terms of Use is to stipulate the rights, obligations and responsibilities between the parties in relation to the InDream MediSupport Service (hereinafter referred to as the “Service”) provided by InDream Healthcare Inc. (hereinafter referred to as the “Company”).
Article 2 (Definition of Member)
A “Member” refers to a person who agrees to Terms of Use and subscribes to and uses the InDream MediSupport Service.
Article 3 (Effect of Terms of Use and the Amendment)
①
Terms of Use shall take effect when the Member agrees to this Terms of Use.②
The Company may amend Terms of Use to the extent that it does not violate relevant laws and regulations, such as the Act on the Regulation of Terms and Conditions, the Framework Act on Electronic Documents and Transactions, the Digital Signature Act, and the Act on the Promotion of Information and Communications Network Utilization and Information Protection, etc.③
If the Company amends Terms of Use, it shall specify the date of application and the reason for the amendment and notify it on the service initialization screen from 7 days before the date of application until the day before the date of application. However, if the Company changes the contents of the Terms to the disadvantage of the Member, it shall notify the Member with a grace period of at least 30 days.④
If a Member does not agree to the amended Terms of Use, he/she may request to withdraw from membership. If the Member continues to use the Service after the effective date of the amendment, he/she shall be deemed to have agreed to such amended Terms of Use.⑤
In the event of a conflict between Terms of Use and separate terms and policies related to the Service, Terms of Use shall prevail.⑥
Matters not provided for in Terms of Use and the interpretation thereof shall be governed by relevant laws and regulations or common practice.
Article 4 (Notification to Members)
①
When the Company notifies a Member, it may do so by e-mail address, electronic message, etc. within the Service, unless otherwise provided herein.②
In the case of notification to all Members, the Company may substitute the notification in Paragraph 1 by posting it on the Company’s bulletin board for more than 7 days. However, in the case of matters that have a significant impact on the Member’s own transactions, the notice in Paragraph 1 shall be given.
Article 5 (Provision of Services)
①
The Services provided by the Company are as follows.1.
Service of providing InDream MediSupport program using information and communication facilities such as computers2.
Program development and operation services for the operation and improvement of the Service3.
Advertising and promotion services4.
Other services or tasks determined by the Company
②
This Service is intended to provide information on medicines to medical personnel, and medical treatment, including prescription, is performed under the responsibility of the medical personnel.③
The minimum technical specifications required to use the Service and the devices available for use shall be in accordance with the recommended specification information.④
In providing the Service, the Company shall provide matters concerning the conditions and procedures for the exchange, return, and warranty of the Service and the refund of the payment.
Article 6 (Establishment of Use Contract)
①
Members shall apply for the use of the Service in accordance with the following or similar procedures provided by the Company. Before concluding the contract, the Company shall provide information so that Members can accurately understand each issue and transact without mistake or error.1.
Confirmation and selection of Service2.
Selection of payment method and filling in payment information3.
Confirmation of the application for use of the Service or consent to the Company’s confirmation
②
The Company may not approve or withhold approval if the Member’s application for use falls under any of the following cases.1.
Not using a real name or using another person’s name2.
False information is entered or the contents presented by the Company are not entered3.
If a minor intends to use a paid service that is prohibited by relevant laws such as the Juvenile Protection Act.4.
If there is no room for service-related facilities, or if there are technical or business problems.
③
In order to use the Service, the Member must agree to Terms of Use and pay the usage fee according to the usage conditions for each Service.④
The time of establishment of the use contract shall be the time when the completion of the purchase is indicated in the application process.
Article 7 (Termination and Cancellation of Use Contract)
①
The Member may request the Company to terminate the use contract at any time, and the Company shall immediately process the Member’s request to terminate the use contract.②
If the Member terminates the use contract for Service in accordance with the preceding Paragraph, the Company shall refund the payment received from the Member in accordance with the conditions originally set by the Company or the ‘Content User Protection Guidelines’ and/or related laws and regulations, and this Terms of Use.③
The Company may cancel or terminate the use contract without prior notice or limit the use of the Service by setting a period of time if the Member falls under any of the following circumstances.1.
Registering false information when applying for membership or changing membership information2.
Registering by stealing another person’s personal information3.
Interfering with other's use of the Service or stealing their information4.
Impersonating the Company's management, employees, or related parties5.
Conducting business activities using the Service without the prior consent of the Company.6.
Trading or sharing Member IDs with others, or using the site in an abnormal manner by exploiting bugs in the company's programs.7.
Reproducing, publishing, broadcasting, or providing information obtained through the Service to a third party for purposes other than the use of the Service without the prior consent of the Company.8.
Transmitting, posting, e-mailing, or otherwise disseminating to others any content that infringes on the copyright or other intellectual property rights of the Company or a third party.9.
Transmitting, posting, e-mailing, or otherwise disseminating to others information, sentences, shapes, sounds, or videos with obscene content that violate public order and morals.10.
Transmitting, posting, e-mailing, or otherwise disseminating to others any content that is grossly offensive or that may infringe on the honor or privacy of others due to its personal nature.11.
Causing harm to the Service or intentionally interfering with the operation of the Service12.
Harassing or threatening other Members or engaging in behavior that causes persistent pain or inconvenience to specific users13.
Engaging in behavior that is objectively judged to be related to a crime14.
Engaging in behavior such as sending spam e-mail to other Members or unspecified persons.15.
Violating the Terms of Service and other policies or operating rules established by the Company when using this Service.16.
Engaging in any other behavior that violates relevant laws and regulations.
④
If the Member causes damage to the Company or other Members due to the reasons attributable to the preceding Paragraph, the Member shall be responsible for compensating the damage.
Article 8 (Payment Methods and Subscriptions)
①
Payment for the Company's Service can be made by any of the following methods.1.
Payment by various cards such as prepaid cards, debit cards, credit cards, etc.2.
Payment by telephone or mobile phone3.
Various account transfers such as phone banking, internet banking, mail banking, online bankbook deposit, etc.4.
Payment by methods mutually agreed upon by the Company and the Member, such as payment by other electronic payment methods.
②
The Member may enter payment methods and payment information in the relevant Service and save them in order to use such Service. The stored payment method and payment information will be used for subscription or next payment.③
The Member shall not arbitrarily use other people’s payment methods. The Member shall be responsible for any loss or damage to the Company, the rightful owner of the payment method, or any other third party related to the payment caused by the arbitrary use of another person’s payment method.④
The Member shall bear the responsibility and disadvantages of any problems related to the information entered by the Member in connection with the payment for the use of the paid service.⑤
If the payment of the usage fee is not made normally on the periodic payment date for any reason, such as the expiration of the validity period of the registered payment method, the use of the “Subscription Paid Service” may be suspended, and if such a situation persists, it would be deemed as a refusal to fulfill the obligation, the Company may terminate the “Paid Service” use contract.
Article 9 (Suspension and Termination of Services)
①
The Company shall provide the Services 24 hours a day, 7 days a week, 365 days a year. However, in each of the following cases, the Company may limit or suspend all or part of the paid Services.1.
In the case of regular or temporary inspection for maintenance, repair, replacement, etc. of information and communication facilities such as computers, etc.2.
In the event that there is an obstacle to the normal provision of the Service due to a power outage, failure or malfunction of information and communication facilities, heavy usage or interruption of communication, etc.3.
If the Company is unable to maintain all or part of the Service due to various circumstances, such as the termination of a contract with a related company, government orders and regulations, or if there is a substantial reason for operation.4.
If there are other force majeure reasons such as act of God, national emergencies, etc.
②
In the case of suspension of the provision of paid services under the preceding Paragraph, the Member shall be notified in advance. However, if such suspension is unavoidable due to reasons that cannot be predicted or controlled even by the Company, it may be notified afterward.③
The Company may change, suspend, or terminate all or part of the Service it provides for operational or technical needs if there is a substantial reason. However, if the change is significant or unfavorable to the Member, such as the termination of the Service, the Company shall notify the Member with a grace period of at least 30 days.④
The Company may suspend the provision of the Service or terminate the use contract for a Member who refuses to consent to the change of Service pursuant to the preceding Paragraph.⑤
In the case of Service termination pursuant to Paragraphs 3 and 4, the refunds shall be made to the Member in accordance with the conditions originally set by the Company or the ‘Content User Protection Guidelines’ and related laws and regulations, and Terms of Use.
Article 10 (Refund Policy)
①
The Company shall refund the fees paid by the Member in error.②
In the event that refund of the Service fee is made due to termination of the Service use contract at the request of the Member or for reasons attributable to the Member, the general method is as follows.1.
If the paid Service provided by the Company is a service that lasts for one (1) month or less after payment, the Company shall refund the remaining amount after deducting the amount corresponding to the number of days of use before the date of termination. The provisions of this Paragraph shall also apply to services that are paid monthly in one (1) month increments.2.
If the paid Service provided by the Company is a service that lasts for more than one (1) month after payment, the Company shall refund the amount corresponding to the number of days of use before the date of termination, less 10% of the total remaining days of use. However, if the Member requests termination within 7 days from the date of commencement of use of the paid Service, the Company will refund only the amount corresponding to the number of days of use.
③
Notwithstanding the provisions of Paragraph 2 above, the Company shall refund the full amount paid by the Member in each of the following cases.1.
If the Member has not used the service at all within 7 days after completing the payment.2.
If the Member could not use the Service due to Service failure or due to reasons attributable to the Company despite meeting the minimum technical specifications provided by the Company3.
If the normal use of the Service is significantly impossible due to defects in the Service provided.
④
If the Company restricts the Member’s use of the Service or unilaterally terminates the use contract because the Member violates the provisions of Article 7, Paragraph 3, the Company shall not make any refund to the Member.⑤
Refunds under the provisions of this Article shall be made within three (3) business days from the date of the obligation to refund.⑥
The cost of the refund shall be borne by the Member in the case of a refund due to reasons attributable to the Member and by the Company in the case of a refund due to reasons attributable to the Company.
Article 11 (Obligations of the Company)
①
The Company shall not engage in any act that is prohibited by relevant laws and regulations and Terms of Use or is contrary to public order and morals, and shall make its best endeavors to provide continuous and stable Service.②
The Company shall have a security system to protect personal information (including credit information) so that Members can use the Service safely, and shall notify and comply with the Privacy Policy.③
In principle, the Company shall notify in advance if it is necessary to suspend the provision of the Service. However, in the event of act of God, emergency, or other unavoidable circumstances, the Company may suspend or discontinue the provision of the Service without prior notice.
Article 12 (Obligations of Members)
①
Members shall provide the following information in order to use the Service.-
Medical institution name or affiliation, and usage records during the program usage process.②
The Member shall check the existence of functional improvement updates from time to time and maintain the latest version. The Company shall not be liable for any damages caused by the Member using the previous version prior to the upgrade.③
The Member shall immediately notify the Company of the fact of the Service failure, and the degree and duration of such failure.④
The Member shall comply with the relevant laws and regulations such as the Act on Promotion of Information and Communications Network Utilization and Information Protection and the Personal Information Protection Act, and the Company shall not be liable for any disputes arising from such violations.⑤
If the Member causes damage to the Company in violation of Article 7, the Member shall indemnify the Company at the Member's own risk and expense and compensate for the damage.
Article 13 (Intellectual Property Rights and License)
The Company's Services used by Members are protected by copyright laws, international copyright conventions, and other intellectual property laws and conventions, and Members shall not infringe on the Company's copyright and intellectual property rights by selling, transferring, renting, copying, contrasting, or altering the services without the Company's authorization.
Article 14 (Scope of Service)
①
The Company shall provide support for problems that occur during the period of use of the Service. However, the Company shall not be liable for problems caused by the Member’s negligence, act of God, other accidents, defects caused by use in combination with other products, software and hardware not provided by the Company, etc.②
The Company shall not be liable to any third party, including patients, in connection with the medical practice including the collection of patient information and the accuracy and reliability of patient information, and even if a patient or other third party raises any issue against the Company in this regard, the Member shall indemnify the Company and compensate the Company for any damages.
Article 15 (Collection and Utilization of Data)
①
① The Company may collect non-identifiable information among medical information such as prescription drug names, patient’s age and gender that are manually or automatically entered when the Member uses the InDream MediSupport system.②
② The Company shall collect the data described in Paragraph 1 through secure methods such as encryption and split transmission methods.③
③ The Company shall not use the collected data described in Paragraph 1 in a form that identifies the pharmacy, but may use it for Service quality improvement, statistical analysis/utilization, and scientific research purposes within the scope of compliance with relevant laws and regulations.④
④ The collected data described in Paragraph 1 will be stored for 120 months for the purpose of stable operation of the Service and statistical extraction, purification, processing, and inspection, and then deleted in accordance with the Company’s policy.
Article 16 (Advertising)
When providing the Service, the Company may provide advertising content and additional services other than the Service.
Article 17 (Confidentiality)
The Member shall maintain the confidentiality of any information provided by the Company in connection with the use contract, and the Member’s obligation to maintain confidentiality shall remain in effect for three years after the termination of such contract, except in case that the information is already widely known to third parties at the time it is provided to the Member, that it is proved that the Member has already known the information by lawfully obtaining it from another third party at the time it is provided to the Member, and that the information is required to be disclosed by law.
Article 18 (Competent Court)
If a dispute or disagreement arises in connection with the use of the Service, the Company and the Member shall endeavor to resolve it by mutual amicable consultation in good faith, and if the dispute cannot be resolved amicably, the laws of the Republic of Korea shall apply. If a lawsuit is filed due to the dispute, the Seoul Central District Court shall have jurisdiction.
Article 19 (Miscellaneous)
Any matters not provided for in this Terms of Use shall be governed by the Terms of Use of InDream Healthcare Inc.
Addendum
This Terms of Use shall be effective from January, 19, 2024.