TERMS OF SERVICE

Article 1 (Purpose, etc.)

These Terms are intended to stipulate the rights, obligations, and responsibilities of the parties in providing various services through the online site operated by Benjamin Clinic (hereinafter referred to as the “Clinic”) (http://benjaminclinic.com/) (hereinafter referred to as the “Site”).

Article 2 (Definitions of Terms)

The definitions of the terms used in these Terms are as follows.

1. “Member” means any person who accesses the Clinic and provides personal information in accordance with these Terms and receives services provided by the Clinic.

2. “Service” means all services provided by the Clinic to Members through the Site, including skin solution services.

3. “Skin Solution Service” means a service that analyzes the condition of the skin based on photographs and other materials submitted online by a Member through the Site (the “Skin Analysis Service”), and a service that recommends procedures that may improve the Member’s skin health based on the analysis results (hereinafter referred to as the “Procedure Recommendation Service”).

4. “Reservation Service” means a service through which a Member makes a reservation through the Site for an in-person consultation or procedure appointment at the Clinic.

5. “Consultation Service” means a service through which a Member posts an inquiry regarding their health condition on the Clinic’s Site and the Clinic provides an opinion in response.

6. “Post” means a review or other inquiry regarding the Clinic written and posted by a Member on the Site.

Article 3 (Effectiveness, Posting, and Amendment of the Terms)

① These Terms shall be posted on the Site so that Members can easily understand them. If a Member clicks a button to check these Terms on a connection screen provided when joining the Site or using the Services, the Member shall be deemed to have agreed to these Terms, and these Terms shall apply from the time of such agreement.

② When posting these Terms pursuant to Paragraph 1, important provisions such as service suspension, cancellation or termination of contracts, and disclaimers shall be displayed in bold or otherwise clearly marked so that Members can easily recognize them.

③ The Clinic may amend these Terms to the extent that such amendment does not violate applicable laws and regulations, including the “Act on the Consumer Protection in Electronic Commerce, Etc.,” the “Act on the Regulation of Terms and Conditions,” the “Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.,” and the “Personal Information Protection Act.” In the event of an amendment, the Clinic shall announce the amended Terms on the Site or notify Members by other available means at least 7 days before the amended Terms take effect. However, if the amendment is unfavorable to Members, the Clinic shall announce or notify Members of the amendment in the same manner as above at least 30 days before the amended Terms take effect.

④ If the Clinic amends these Terms, it shall confirm whether Members agree to the application of the amended Terms after the announcement or notification pursuant to Paragraph 3. However, when making the announcement or notification under Paragraph 3, the Clinic shall also announce or notify Members that failure to express an intention to agree or reject the amended Terms may be deemed consent, and if a Member does not express an intention to reject the amended Terms by the effective date, the Member may be deemed to have agreed to the amended Terms.

⑤ Agreeing to these Terms means agreeing to regularly visit the Site operated by the Clinic and check for changes to the Terms. The Clinic shall not be liable for any damage incurred by a Member due to failure to be aware of changes to the Terms.

⑥ If a Member does not agree to the amendment of these Terms, the Clinic and the Member may terminate the service agreement.

Article 4 (Interpretation of the Terms)

Matters not specified in these Terms and the interpretation of these Terms shall be governed by applicable laws and regulations, including the “Act on the Consumer Protection in Electronic Commerce, Etc.,” the “Act on the Regulation of Terms and Conditions,” the “Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.,” and the “Personal Information Protection Act,” or by customary practices.

Article 5 (Membership Registration and Conclusion of the Service Agreement)

① A person wishing to use the Services through the Clinic’s Site may join as a Member after reviewing these Terms and entering Member information in accordance with the registration form prescribed by the Clinic.

② The service agreement between the Clinic and a Member (hereinafter referred to as the “Service Agreement”) shall be concluded when the Member agrees to these Terms and the Clinic accepts the Member’s application for membership.

③ In principle, the Clinic shall accept an application for membership unless there is a special reason not to do so. However, if any of the following applies to the applicant, the Clinic may reject the membership application or terminate the Service Agreement if such reason is discovered after acceptance.

1. If the applicant is under 14 years of age under the Civil Act as of the date of the membership application

2. If a minor has not obtained the consent of a person with parental authority or other legal representative as of the date of the membership application, or such consent cannot be verified

3. If the registration contains false information, omissions, or errors

4. If it is determined that the application was made using another person’s information

5. If the Services are used through abnormal or circumventive methods

6. If the application is made for the purpose of committing an illegal act prohibited by the “Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.” or other applicable laws and regulations

7. If the applicant intends to use the Services for any other profit-making purpose

8. If the applicant has previously lost Member status under these Terms (except where prior approval for re-registration has been obtained from the Clinic)

9. If the Clinic determines that acceptance of the application is inappropriate for any other reason equivalent to those specified above

④ The Clinic may defer acceptance until the relevant reason is resolved if any of the following circumstances applies.

1. If there is insufficient capacity in the facilities or a technical problem exists

2. If the Clinic determines that acceptance of the application is difficult for any other reason equivalent to those specified above

⑤ If there is any change to the Member information registered upon membership registration, the Member shall notify the Clinic of such change within a reasonable period by updating the Member information or by other means. The Clinic shall not be liable for any disadvantage or damage arising from the Member’s failure to notify or update such changes.

Article 6 (Notice to Members)

When the Clinic provides notice to a Member, it may do so by email to the address designated by the Member. However, notices to an unspecified number of Members may be substituted by posting the notice on the Site for at least one week, except that individual notice shall be provided for matters that have a significant impact on an individual Member.

Article 7 (Withdrawal from Membership and Loss of Membership Status, etc.)

① A Member may request withdrawal through the Site at any time and terminate the Service Agreement, and the Clinic shall process the Member’s withdrawal immediately upon the Member’s request unless there is a special circumstance.

② If a Member falls under any of the following grounds, the Clinic may restrict, suspend, or revoke the Member’s status.

1. If any of the grounds specified in the items of Article 5, Paragraph 3 is found to apply

2. If the Member threatens the order of electronic transactions, such as by interfering with another Member’s use of the Services

3. If the Member impersonates the Clinic’s operator, employees, or other personnel outside the Services

4. If the Member threatens the system by, without authorization, modifying the Clinic’s programs, hacking the server, or otherwise engaging in similar conduct

5. If the Member damages the Clinic’s reputation or credit or interferes with its business by spreading false information, deception, or other means

6. If the Member otherwise violates obligations under these Terms or applicable laws and regulations

③ If the Clinic revokes a Member’s status, it shall delete the Member’s registration. In such case, for transaction safety, the Clinic may collectively delete the registrations of IDs confirmed to be owned by the relevant Member. In this case, the Clinic shall notify the Member and provide an opportunity to explain by setting a period of at least 30 days before deleting the Member registration.

④ The Clinic may convert the account of a Member who has not used the Services for one year into a dormant account and restrict the use of the Services.

⑤ When an account is converted to a dormant account, information necessary to activate the account, such as the ID, password, name, identity verification value (DI) to prevent duplicate registration, mobile phone number, and other information that needs to be retained, shall be managed in accordance with applicable laws and regulations.

Article 8 (Provision and Modification of Services)

① The Clinic provides Members with the following Services.

1. Management of membership registration and withdrawal

2. Maintenance and management of ancillary functions necessary for the Clinic to provide the Services smoothly to Members

3. Provision of notifications helpful for using the Services to Members who have provided prior consent

4. Skin Solution Service

5. Reservation Service

6. Consultation Service

7. Function for creating Posts such as sections and reviews for online Members of the Clinic

8. Various other services provided by the Clinic in partnership with other companies

9. Performance of other ancillary tasks necessary to provide the Services

② The Clinic may modify the content of Services to be provided in the future for changes in service quality or technical specifications. In such case, the Clinic shall immediately announce the changed content and effective date on the Site. However, if there is an unavoidable circumstance requiring urgent resolution of issues such as bugs that could not be notified in advance or server equipment defects, the Clinic may provide notice afterward.

Article 9 (Suspension of Services, etc.)

① In principle, the Clinic provides the Services 24 hours a day, 365 days a year, unless there is a special business or technical obstacle.

② The Clinic’s Consultation Service may be limited in time according to business hours and consultation operating hours.

③ Notwithstanding Paragraphs 1 and 2, the Clinic may temporarily suspend the Services for a certain period if any of the following circumstances occurs. In such cases, the Clinic shall notify Members in advance of the content and time of the suspension through the Site or individual notice. However, if there is an unavoidable reason preventing prior notice, the Clinic may provide notice afterward.

1. If there are force majeure circumstances such as natural disasters, war, national emergencies, or similar events

2. If normal use of the Services is hindered due to a power outage, failure of various facilities, excessive traffic, or similar circumstances

3. If suspension is unavoidable due to construction work, such as maintenance of facilities used to provide the Services

4. If it is necessary to respond to hacking or abnormal use

5. If there is a significant management-related need, such as division, merger, transfer of business, discontinuation of business, or deterioration in the profitability of the relevant Service

6. If the Services cannot be provided due to unavoidable circumstances of the Clinic or other circumstances

Article 10 (Provision of Skin Solution Services)

① A Member may request the provision of the Skin Solution Service on the Site. The details that the Member must submit or complete at that time will be separately notified within the relevant Service section.

② Upon receiving an application from a Member pursuant to Paragraph 1, the Clinic shall exercise the duty of care of a good manager to present the optimal solution necessary for the Member through its medical knowledge and close cooperation with other entrusted companies.

③ The Skin Solution Services provided by the Clinic are provided for informational purposes only and cannot replace a medical diagnosis. The information or consultation provided through the Services is never intended to replace medical diagnosis, medical care, or treatment. If a Member has questions or concerns regarding their health condition, the Member should visit the Clinic in person and receive a diagnosis.

Article 11 (Provision of Reservation Services)

① A Member may make a reservation on the Site for a schedule on which the Member can visit the Clinic. The details that the Member must submit or complete at that time will be separately notified within the relevant Service section.

② If the Clinic determines that a Member misuses the Reservation Service in a manner that interferes with the Clinic’s business operations or adversely affects other Members’ use of the Services, the Clinic may suspend or revoke the Member’s status.

Article 12 (Provision of Consultation Services)

① A Member may inquire about their health condition to the Clinic on the Site. The details that the Member must submit or complete at that time will be separately notified within the relevant Service section.

② Article 10, Paragraphs 2 through 3 shall apply mutatis mutandis to the Consultation Service.

③ With regard to the Consultation Service provided to Members, the Clinic may delete Members’ personal identifying information and use the consultation content for the following purposes.

1. Academic activities

2. Medical activities

3. Other medical services

4. Creative works using printed materials, CD-ROMs, etc.

④ When using the Consultation Service, Members shall comply with the following matters. In the event of a violation, Article 11, Paragraph 2 shall apply mutatis mutandis.

1. If the Member repeatedly submits consultations with the same content

2. If the Member submits a consultation using expressions contrary to common sense or abusive language

3. If the Member submits a consultation requesting a diagnosis

4. If the Member submits a consultation regarding treatment costs, examination fees, medication prices, the effects of medications, etc.

5. If the Member seeks information through consultation for the purpose of harming another person

Article 13 (Ownership of Copyright)

① Copyright and other intellectual property rights in works created by the Clinic belong to the Clinic. In connection with the Services, the Clinic grants Members only the right to use the Services in accordance with the terms of use stipulated in these Terms.

② Members shall not use or allow a third party to use information obtained through the Services for commercial purposes by reproducing, transmitting, publishing, distributing, broadcasting, or any other means without the Clinic’s prior consent.

③ This Article remains effective while the Clinic operates the Services and continues to apply even after a Member terminates the Service Agreement.

Article 14 (Protection and Management of Personal Information)

① The Clinic shall endeavor to protect Members’ personal information, including registration information, in accordance with applicable laws and regulations. The protection and use of Members’ personal information shall be governed by applicable laws and regulations and the separately notified Privacy Policy.

② If necessary to verify a Member’s identity, the Clinic may notify the Member of the purpose of such verification and require an identity verification procedure through mobile phone verification or other means, and may require other means of identity verification that can replace a resident registration number. The Clinic shall not use the information obtained through this process for purposes other than those previously notified and shall destroy it in a non-recoverable manner once the purpose has been achieved.

③ The Clinic shall not be liable for any damage related to the use of the Services arising from leakage of personal information due to the Member’s fault.

Article 15 (Collection of Information, etc.)

① The Clinic may collect and use information such as the settings of a Member’s device and web browser information to improve service quality. The collection and use of such information shall be governed by the Clinic’s Privacy Policy.

② The Clinic may use the information in Paragraph 1 only when necessary for purposes such as investigating violations of these Terms or applicable laws, preventing improper use of the Services, dispute resolution, handling complaints, and maintaining and improving the Services.

③ The Clinic shall not provide the information in Paragraph 1 to a third party without the Member’s consent. However, the Clinic may provide such information to the relevant institution when based on a special provision of law, a court judgment, a binding order of an administrative agency, or a lawful request from an investigative agency.

Article 16 (Provision of Information and Placement of Advertisements)

① In operating the Services, the Clinic may post various information or affiliated content on the Service screens or provide it to Members by email, text message, telephone, push notification, or other means.

② With respect to Paragraph 1, Members may refuse to receive emails or similar communications at any time, except for transaction-related information and responses to customer inquiries required under applicable laws, and the Clinic shall provide Members with a method for refusal. However, when sending advertisements or similar content to Members by telephone, facsimile, or other means, excluding transaction-related information and customer inquiries for which consent is exempted under applicable laws, the Clinic shall obtain the Member’s prior consent to receive such communications.

Article 17 (Obligations of the Clinic)

① The Clinic shall not engage in acts prohibited by laws and regulations or contrary to public order and morals, and shall endeavor to provide continuous and stable Services in accordance with these Terms.

② The Clinic shall establish a security system to protect Members’ personal information so that Members can safely use Internet services.

③ The Clinic shall not send commercial advertising emails that Members do not wish to receive.

Article 18 (Obligations of Members)

① Members shall not engage in any of the following acts in connection with receiving the Services.

1. Registration of false information when applying or making changes

2. Misappropriation of another person’s information

3. Transmitting or posting information, including computer programs, other than information prescribed by the Clinic

4. Infringement of copyrights or other intellectual property rights of the Clinic or any third party

5. Acts that damage the reputation of or interfere with the business of the Clinic or any third party

6. Providing or posting on the Site obscene or violent messages, images, audio, or other information contrary to public order and morals that is unrelated to health consultations

7. Providing materials containing the personal information of a third party other than the Member themselves when using the Services

8. Posting or sending emails by impersonating the Clinic’s employees or administrators of the Clinic’s Internet services, or by using another person’s name

9. Posting or sending by email materials containing software viruses or other computer code, files, or programs designed to interfere with or destroy the normal operation of computer software, hardware, or telecommunications equipment

10. Harassing other Members, including stalking

11. Collecting, storing, or disclosing another Member’s personal information without consent

12. Engaging in profit-making activities using the Clinic’s Services by posting advertisements or promotions or sending spam emails to an unspecified number of people

13. Violating the terms prescribed for the Services provided by the Clinic or other regulations concerning the use of the Services

② If a Member has committed any act falling under Paragraph 1, the Clinic may appropriately restrict, suspend, or revoke the Member’s status in accordance with Article 7, Paragraphs 2 through 3 of these Terms.

③ Members shall be liable for compensating the Clinic or other Members for any damage caused by their own fault.

Article 19 (Obligations Regarding Member IDs and Passwords)

① Except where the Clinic is responsible under applicable laws and regulations or its Privacy Policy, each Member is responsible for managing their own ID and password.

② Members shall not allow a third party to use their ID or password.

③ If a Member discovers that their ID or password has been stolen or is being used by a third party, the Member shall immediately notify the Clinic and follow the Clinic’s instructions, if any.

Article 20 (Member Posts)

① Copyright in Posts posted by Members within the Services shall be fully vested in the Clinic at the time of initial posting. Accordingly, Members transfer the copyright in such Posts to the Clinic, and the Clinic may freely use, edit, modify, reproduce, transmit, display, license, transfer, and otherwise use such Posts.

② By using the Services, Members confirm that they have granted the Clinic the rights specified above with respect to the Posts they have posted.

③ Even if a Member terminates the Service Agreement, previously posted Posts shall not be deleted and shall remain the property of the Clinic unless the Member makes a separate request. Therefore, if a Member does not want their Posts to be used in the Services after withdrawal from membership, the Member must personally delete the Posts before withdrawing. However, Posts reposted or stored by third parties may not be deleted.

④ The Clinic may provide the content of public Posts provided by Members to media outlets, press organizations, and others for the improvement and promotion of the Services. In such cases, the Clinic shall not provide personal information without the Member’s individual consent.

⑤ The Clinic may change the location where a Post is displayed without changing its content, for reasons such as operational policies or transfer of business, and may use the Post on other platforms or media.

⑥ If a Post posted by a Member violates applicable laws, particularly the “Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.” and the “Copyright Act,” the rights holder may request suspension or deletion of the Post in accordance with the procedures prescribed by applicable law, and the Clinic shall take action in accordance with such request.

⑦ Even without a request from a rights holder, the Clinic may arbitrarily suspend or delete Posts that infringe rights or violate the Clinic’s policies or applicable laws, as follows.

1. Content that defames or slanders another Member or third party

2. Content that disseminates information, sentences, figures, or other materials that violate public order and morals

3. Content determined to be related to criminal activity

4. Content that infringes copyrights or other rights of another Member or third party

5. Content with a prominent advertising or commercial purpose

6. Other content determined to violate applicable laws and regulations

⑧ Detailed procedures for requests to suspend or delete Posts and their processing shall be based on the “Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.” and the “Copyright Act,” but may also be operated in accordance with additional policies of the Clinic.

Article 21 (Compensation for Damages)

① If the Clinic incurs damage due to a Member’s violation of these Terms, the Member who violated these Terms shall be responsible for compensating the Clinic for all damages incurred.

② If the Clinic receives any objection, including a claim for damages or a lawsuit, from a third party due to an illegal act committed by a Member in using the Services or a violation of these Terms, the Member shall indemnify the Clinic at the Member’s own responsibility and expense. If the Clinic cannot be indemnified, the Member shall be responsible for compensating all damages arising therefrom.

③ In the case of Services provided free of charge by the Clinic, the Clinic shall not be liable for any damage unless caused by its willful misconduct or gross negligence.

Article 22 (Disclaimer)

① The Clinic shall be exempt from liability for the provision of Services if it is unable to provide the Services due to a natural disaster or other force majeure equivalent thereto.

② The Clinic shall not be liable for any interruption or difficulty in using the Services caused by a Member’s fault.

③ The Clinic shall not be liable if a Member fails to achieve the expected effects from using the Services, nor shall it be liable for damages arising from materials obtained through other Services.

④ The Clinic shall not be liable for the reliability, accuracy, or other content of information, materials, or facts posted by Members.

Article 23 (Dispute Resolution)

① For the convenience of Members, the Clinic shall provide guidance on the Site regarding how Members can submit opinions or complaints, and shall appropriately and promptly process opinions or complaints raised by Members.

② If an opinion or complaint raised by a Member is objectively recognized as justified, the Clinic shall promptly process it within a reasonable period and notify the Member of the result. However, if prompt processing is difficult, the Clinic shall notify the Member of the reason and processing schedule through the Site or by email, telephone, written notice, or other means.

③ If a Member seeks relief for damages in connection with a dispute arising between the Clinic and the Member, the Member may follow the mediation of a dispute resolution body commissioned by the Fair Trade Commission or a mayor/provincial governor.

Article 24 (Jurisdiction and Governing Law)

① These Terms and any disputes related thereto shall be governed by and construed in accordance with the laws of the Republic of Korea.

② If a dispute between the Clinic and a Member cannot be amicably resolved and a lawsuit is filed, the exclusive jurisdiction shall be that of the district court having jurisdiction over the Member’s address at the time the action is filed, or, if there is no address, the district court having jurisdiction over the Member’s place of residence.

③ If the Member’s domestic address or place of residence at the time the action is filed is unclear, including in cases where it is not clearly known, the court of competent jurisdiction shall be determined in accordance with the “Civil Procedure Act.”

Supplementary Provisions

These Terms shall take effect on September 13, 2024.