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ATOMY Global Membership Membership Agreement (English)


Membership Agreement (Retrieved 2021/7/7)

  1. YOUR ACCEPTANCE OF THE TERMS 1.1 Agreement These Terms of Service are a legal agreement between you and Atomy Distribution Limited (“Atomy”). They apply to Atomy’s provision and your use of Atomy’s content platforms, sites, applications and services. Your access to the services is permitted by Atomy on the basis that you have accepted these terms, and in consideration for that acceptance. If you do not agree to the terms, you are not permitted to access the services in any manner. If you do access the services (whether you make use of them or not), you are deemed to have agreed to these Terms in their entirety. Your agreement with Atomy includes any specific additional terms and policies that apply to any specific services that you use. 1.2 WebSite If you are dissatisfied with the Atomy website or the services, your sole and exclusive remedy is to stop using the services except for the limited warranties offered by Atomy or as otherwise expressly stated in this Agreement. 2. MEMBERSHIP 2.1 Eligibility The following criteria must be met by an Applicant to be eligible for consideration of membership to Atomy: a) the Applicant must be a natural person; b) the Applicant must be sponsored by a Sponsor Member that is a current Member of Atomy; c) the Applicant must be at least 20 years of age; d) the Applicant must have submitted a complete Atomy Member application form online via the Atomy website linked at: https://join.atomy.com e) the Applicant must not be an officer or employee of Atomy, its subsidiaries, or related entities; f) the Applicant must not be the spouse or partner of another Atomy Member; 2.2. Acceptance of Membership Atomy has the unfettered right to accept or reject any Application as it deems appropriate in its discretion without having to provide justification or reasons to the Applicant for either the acceptance or rejection of the Application. 2.3 Member Access & Commencement The Applicant becomes a Member when the Application for Membership is accepted and upon the information of the Application being entered into Atomy records. Until then, the Applicant is not permitted to buy and refer Atomy services and products. Access to Atomy’s website after registration does not mean the applicant’s Membership has been accepted nor that an application will be considered for acceptance. 2.4 Term of Membership The Term of membership commences from the date of the Applicant’s membership approval and registration on Atomy records and continues until the twelve (12) month anniversary of the membership commencement date or until otherwise terminated by the parties in accordance with the Terms of this Agreement (“the Term”). 2.5 Automatic Renewal of Membership A Member’s membership with Atomy will be automatically renewed at the expiry of the Term only if the Member continues to satisfy the Atomy eligibility requirements specified in clause 2.1 herein (or as otherwise specified from time to time) The renewed Term is subject to the terms of this Agreement or as otherwise specified from time to time. 2.6 Membership Payment There is no Application or joining fee to become a Member of Atomy. 3. MEMBER BENEFITS 3.1 Access to Atomy Products Members will have access to the Atomy Member section of the Atomy website and will have access to a range of Atomy products and services for purchase as made available by Atomy in its sole discretion from time to time. The prices established on the Atomy website Members area are exclusive membership prices that are the confidential information of Atomy for the knowledge and awareness of Members only. There is no minimum purchase order requirement to maintain membership with Atomy. 3.2 Minimum Purchase Requirement There is no minimum purchase order requirement to maintain membership with Atomy for the Term. 3.2 Member Becomes Sponsor Upon acceptance of a Member application and being successfully registered in the records of Atomy as a Member, the Member will be provided with a Sponsor ID for its use for other potential Members that seek to join Atomy and purchase Atomy products. Sponsor IDs must be used in strict compliance with the Terms of this Agreement. 3.3 Compensation Plan During the term of this Agreement and providing membership to Atomy is current, Atomy Members will have access to the Compensation Plan in accordance with the information made available at: https://www.atomy.kr/v2/Home/Business/MarketingPlan or as otherwise provided by Atomy from time to time. The Compensation Plan is subject to change as Atomy in its unfettered discretion deems appropriate from time to time and includes but is not limited to Atomy: (i) changing the way that commissions, awards or points are earned; (ii) change the way that commissions, awards or points may be redeemed; (iii) adding or removing commissions, awards or points in whole or in part; (iv) forfeit, cancel or suspend commissions, awards or points in whole or in part; Benefits under the Compensation Plan are to be awarded to a Member when: (v) the Member purchases Atomy products; (vi) the Member refers other customers to Atomy who become Atomy Members; and (vii) the referred Member is linked to the Sponsor ID of the referring Member; and (viii) the referred Member completes a purchase of an Atomy product or service. The Member is responsible to ensure that any of its referred Members use the referring Member’s sponsor ID. Atomy takes no responsibility to ensure that the Sponsor ID provided when a referred Member joins is accurate, or connected with the referrer Sponsor ID. 3.4 Membership Access & Referral License Members are granted a revocable, non – exclusive, non - assignable, limited referral license to recommend and refer Atomy services and products for the period that the Membership and this Agreement remains in effect. Members are not required to promote or refer to maintain membership and there are no minimum quantity product order or referral sales requirements. Members however are required to: (i) act in good faith at all times towards Atomy and provide such assistance and co-operation as requested by Atomy from time to time; (ii) ensure that any referrals for purchase are directed to the Atomy website to become Members are genuine consumers of Atomy products and services and not consumers that may have an intention to resell Atomy products; (iii) deal ethically, honourably and fairly with customers of Atomy products; (iv) provide to potential customers true, complete and accurate information in a professional and courteous manner and in accordance with any product instructions, technical information, or usage directions as specified on products packaging and/or any accompanying documentation; (v) advise their customers of any necessary precautions needed to be taken prior to use of any Atomy products and services; (vi) abide by all laws within the jurisdiction of which it resides; (vii) stay informed and comply with Atomy policy, rules, requirements, documentation and Member responsibilities at all times and as specified by Atomy from time to time; (viii) maintain in strict confidence the pricing policy and other Member information relating to products and services made available to Members on the Atomy website; (ix) comply with all lawful and reasonable requests of Atomy; (x) comply fully with each of the terms of this Agreement and any policy, rules or regulations of Atomy as it provides from time to time; (xi) promptly inform and report conduct of other Members that the Member reasonably suspects or knows is a breach of this Agreement as soon as the Member view is formed or as soon as the breach becomes known to the Member. (xii) By signing up for membership, you give consent for your membership ID, and name to be made visible to those in your lineage including your sponsor and partners. 4. WEBSITE USE 4.1 Use You are responsible for your own access and use of the Atomy services and accept the following terms: (i) after you have created an account with Atomy, you may use the website to search, view content and products, purchase products and interact with the material made available; (ii) Atomy has the right to make any changes to the services and products at any time including any action to modify, amend, suspend or discontinue all of or any part of the services or products within Atomy’s discretion and without notice; (iii) usage of the Atomy website products and services is for personal use only and is not to be used for any other purpose other than the purpose established by this Agreement; (iv) you are responsible to ensure the safety and compatibility of the services and products provided by Atomy for your own usage, consumption or dealing; (v) you acknowledge that your Member account is not a secure data storage facility for primary information that you wish to retain. Atomy reserves the right to delete content stored using the Atomy website at any time without notice. If you want to secure your Content, you should take other measures to ensure safe and secure storage of your Content. 4.2 Site Availability Atomy does not guarantee that the website, products or services will always be available, work, or be accessible at any particular time. Furthermore, only users who are eligible to use our services may do so. Atomy reserves the right to limit access to or terminate the service and Membership of anyone without limitation. 5. MEMBER PROHIBITED ACTIONS 5.1 Actions not permitted Atomy prohibits the use of the Atomy site, its products and services and its Intellectual Property in any manner other than as expressly allowed by Atomy in the terms of this Agreement. You agree that you will not do any of the acts specified below and without limiting the rights Atomy may have, you agree that Atomy may suspend, terminate or delete your Membership account immediately and without notice if: Payment You charge or attempt to charge a fee to prospective Atomy Members in exchange for any of the following: (i) sponsorship of a Member application; (ii) an offer of assistance of a prospective member in application of membership to Atomy; (iii) training or information to a prospective Member or Customer of on the products and services of Atomy; (iv) admission tickets or invitations to attend seminars, meetings or other informational events; (v) for any other action that relates to obtaining information about Atomy Membership, products or services. Information you share with us (vi) You lie and or mislead Atomy (and, in some circumstances, other Members) about your personal details that you provided in your Membership Application; (vii) You attempt to register more than one Membership with Atomy under a different identity including a business name or company name; Registration of Another (viii) Registering or applying for membership with Atomy another person without their express written consent or the express written consent of Atomy; Spouse or Partner Registration (ix) Register your spouse or defacto partner as a separate Membership application or fail to disclose that you have a spouse or defacto partner in your Membership application process; Misrepresentation or Misstatement (x) misrepresent, mislead, or misdescribe Atomy products, services or Membership benefits to third parties, prospective members or prospective customers; Member Pricing Confidential to Members (xi) disclose Atomy Membership prices to any non- Member of Atomy; (xii) disclose Atomy product or service information to any non – Member that is not authorised Atomy promotion material without the prior first obtaining the express written consent of Atomy; Use of Brand, Logo and Materials (xiii) use the trademark, logo or other Intellectual Property of Atomy in any way that is not expressly authorised in the terms of this Agreement; Selling Products (xiv) sell or attempt to sell Atomy products or services using any method that is not the official Atomy website (or other official Atomy forum) or that is not expressly authorised by the terms of this Agreement or as otherwise authorised to in writing by Atomy from time to time. Prevented methods of sale include (but are not limited to): (a) non – Atomy official and approved websites or online forums including but not limited to: • bidding or auction sites (such as but not limited to www.ebay.com), • social media forums (such as but not limited to Facebook, Twitter, Instagram, Snapchat, NextDoor etc.) • other websites such as Amazon or other similar sites; • social smart device applications (such as but not limited to Kakao Messenger, Wechat, WhatsApp, Viber, Facebook Messenger etc. or requesting another party to do so on your behalf; • blogs or websites that are owned or controlled by you and includes any business or company website; • requesting non - Atomy approved websites to host products services or Sponsor ID for display, publication or sale; (b) retail sales environments such as shopping centres, markets, pop up stalls or shops, street vendors, public areas (such as public streets or car parks). or other similar locations; (c) personal places of residence, such as your house, or the house of a family member or friend; (d) any other method Atomy deems prohibited in its discretion from time to time. Conduct between Members and Customers (xv) your stalk, harass, threaten, defame, abuse, racially or sexually vilify, bully or harm another individual or Member of Atomy; Transactions between Members (xvi) enter unauthorised transactions or illegal transactions of any kind including transactions that may occur between Members; Competing Products and Services (xvii) sell or represent to current and prospective customers of Atomy, products or services that may reasonably be regarded as products or services that compete with Atomy products and services; No Joining other MLMs (xviii) accept membership of, apply for or be a member of any other multi-level marketing business during the Term of this Agreement and your Membership. Forcing Sales (xix) encouraging or promoting Member down lines or consumers to purchase products in a manner that may be reasonably regarded as coercive, excessive pressure or in a manner that is not genuine promotion for the sale of products or services for the dominant purpose of consumer consumption; (xx) represent that the purchasing of products is necessary to become a Member of Atomy or to obtain information about Atomy products and services. Changing of Sponsor (xxi) changing or attempted changing of sponsors without the express written authority of Atomy; (xxii) enticing offering, soliciting, influencing or persuading another Member to change or attempt to change their Sponsor or line of sponsorship. Change of Atomy Representative Company (xxiii) changing or attempted changing of Membership to another Atomy centre to obtain similar products or services as offered by Atomy Distribution Limited; Respect Member Customer Lines (xxiv) recruiting or attempted recruiting of customers or Members or prospective customers or Members that have been introduced to Atomy by, or comprise of the sales lines of another Member; Publication of Sponsor ID (xxv) publish the Member Sponsor ID on personal websites, internet-based applications, social media applications, social media websites or other media forum including newspaper, magazines, television and radio. Alteration of Information, Products or Services (xxvi) alter, modify or change any of the products or services of Atomy (including packaging, accompanying information, and instructions) in any manner (including attempted alteration, changes or modifications) without the prior written authority of Atomy. Genuine Purchases (xxvii) purchase products or services with the dominant purpose of benefiting from the Compensation Plan; No Broad Advertising and Promotion (xxviii) not promote publicly or publish invitations to meetings, invitations to learn about Atomy and its products and services, information about Atomy or its products or services with the purpose of inducing or soliciting Membership; 6. INTELLECTUAL PROPERTY 6.1 Meaning of Intellectual Property Intellectual Property means all copyright, trade mark rights, logo, patent rights, design rights or any other Intellectual Property Rights subsisting in or created during the development of the products, Atomy website, Atomy business, and the Trade Marks and any advertising and promotional materials provided to the Member including software, Confidential Information, source and object codes, scripts, records, documents, advertising and promotional materials, media content, specifications, plans, program listings, calculations or drawings and all Confidential Information necessary for, or which may be used in connection with the administration, operation and marketing of the Atomy products and services. 6.2 Use The Member agrees that all rights in and relating to the Intellectual Property are and remain the property or under the control of Atomy and that the Member does not acquire any right, title or interest in any of the Intellectual Property. The Member must: (i) not register or seek to register any of the Intellectual Property without the prior written consent of Atomy; (ii) not cause any of the Intellectual Property to be prejudicially affected or contested; (iii) not use the Intellectual Property without the prior express written authority of the Member; (iv) not make any alterations to the Intellectual Property; (v) not use the Atomy brand name or any derivative of the words comprising the Atomy brand name, in the Member’s business, or personal domain names; (vi) stop using the Intellectual Property upon the termination of this Agreement or Membership or at the immediate request of Atomy; (vii) not modify the design, appearance and attributed of any products or services, packaging, promotion or marketing materials; (viii) not register or attempt to register a business name or company name that contains the word “Atomy” or any combination of words that indicates a connection with or is similar to Atomy. (ix) not consent or oppose or assist any other person to contest or oppose any application for registration of the Intellectual Property as trademarks or as business or company names. (x) not reproduce, in whole or in part, any printed material or audio or visual recordings that have been produced by Atomy unless given prior written authorisation to do so by Atomy. These materials are protected by copyright form part of the Intellectual Property whether registered or unregistered and are considered proprietary to Atomy. 7. CONFIDENTIAL INFORMATION 7.1 Confidential Information Meaning Confidential Information” means: (i) the ideas, techniques, systems, processes, trade secrets, designs, inventions, methodologies and procedures developed by the Employer; (ii) any information regarding the Atomy relating to their business and business processes, including financial information, accounts, financial records, customer records, business plans, pricing, customer lists and all associated information; and (iii) all reports, proposals, memoranda, drawings, diagrams, statements, accounts and other documents created during the course of the Executive’s employment; but does not include information that is already in the public domain at the time this Agreement is executed or which subsequently falls into the public domain lawfully and through no breach of any duty of confidentiality. 7.2 Prohibited Conduct The Member agrees that: (i) it will not use the Confidential Information to conduct or establish a business or assist another to establish or conduct a business that is similar to the business of Atomy in concept, design or execution without first obtaining the prior written approval of Atomy. (ii) it will not disclose the Confidential Information to any other party without the prior written authority of Atomy; (iii) it will take all reasonable steps to ensure the safety and integrity of the confidential information to prevent it from disclosure to any unauthorised party; (iv) it will on demand of Atomy, return any confidential information supplied by Atomy to the Member in connection with Membership and this Agreement; (v) this clause survives termination of this Agreement. 8. RELATIONSHIP OF THE PARTIES The Member agrees that: (i) If the Member actively conducts promotion of Atomy with a view to earn benefits under the Compensation Plan, the Member does so as an independent contractor and is responsible for its own business affairs that includes but is not limited to: (ii) establishing customer leads and maintenance of its own customer information; (iii) setting its own objectives, strategies and scheduling; (iv) obtaining, insuring, and usage of any necessary equipment, products or services; (v) uniforms or other suitable attire; (vi) any expenses connected with operational costs, licensing, insurance and other incidental items; (vii) payment and account of any applicable taxes including any GST liabilities or payment and taxes connected to receipt of any Compensation Plan awards, commission payments or other benefits. (viii) that the relationship between Atomy and the Member is not one of partner, principal and agent, employee, franchisee, joint venture, securities holder, fiduciary or beneficiary; (ix) that it does not have the power or authority either directly or indirectly or through its servants or agent (if any) to bind Atomy with a customer or other third party or otherwise contract or negotiate or attempt to enter a binding relationship for or on behalf of Atomy. 9. INFORMATION DISCLAIMER The Member agrees that: 9.1 Information Reliance All information supplied has NO WARRANTY whatsoever. Information and statements are not intended to diagnose, treat, improve, benefit, cure, or prevent any disease, medical condition, or health concern or physical goals. No warranty is made that any information on or linked to the Atomy site is complete and/or accurate. All information contained on the Atomy website, including information relating to medical and health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form and must be purchased and used or consumed in consultation with medical or professional heath care advice. 9.2 Must Seek Advice Professional advice is required for each particular illness, disease, infection, injury or other medical or health condition and for dosages or usage instructions in relation to any health-related product or service made available for sale on the Atomy website. This information is not to be taken as any sort of medical advice whatsoever, and the Member takes full and total responsibility for what the Member does with this information, and any resulting outcomes from the Member’s actions. Members must also consult with their physical health care provider prior to the purchase and use of any of the Atomy products or services available on the Atomy website. 9.3 No Substitute for Advice The information contained in this Site is not intended nor is it implied to be a substitute for professional medical or health advice or any information contained on or in any product packaging or labels. Always seek the advice of your Pharmacist, General Practitioner, other medical practitioner or qualified health care provider when starting any new medical treatment, dietary plan, dietary consumption, usage of product, physical exercise or activity, continuing with medical treatment or with any questions you may have regarding yours or any other parties medical or physical condition. Although occurrences are rare, you acknowledge and accept that you may experience adverse effects when using some Atomy products. You purchase and use the product whilst being responsible for any adverse consequences that may occur. 9.4 No Guarantee of Results Atomy does not guarantee that any specific or beneficial result will be obtained from use of the Atomy services, purchase of Atomy products, or promotion or referral of customers to become Members and purchase Atomy products. 9.5 Action by You If you notice any adverse, detrimental, negative or concerning changes to your physical or health upon accessing Atomy services and products, you will seek the attention of your independent health care professional and discontinue use of the product immediately. 9.6 Testimonials Any testimonials displayed on the Atomy website may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the user testimonials. 9.7 Acceptance of Risk You acknowledge and accept that the purchase and use of the Atomy products and services may expose you to risk of physical harm when used or consumed. You purchase and use the product having considered and accepted the potential risks and are responsible for any adverse consequences that may occur. 10. DISCLAIMER & LIMITATION OF LIABILITY FOR PRODUCTS AND SERVICES SOLD The Member agrees that: Disclaimer & Limitation of Liability for Products and Services Sold Except as stated herein the terms and conditions, Atomy makes no representations, guarantees or warranties, either explicit or implied, of any kind with respect to the products sold on its website or other forums except when expressly stated herein. Atomy disclaims all warranties be they explicit or implied of any kind with the respect to the products sold on this website including, but not limited to the satisfactory quality, being fit for a particular purpose and being as described as required by Republic of Korea consumer law. You agree that the sole and exclusive maximum liability to Atomy arising from any product sold on the site shall be the price of the product ordered. Under no circumstances shall Atomy directors or officers, employees and representatives be liable for special, indirect consequential or punitive damages related to the product sold. To the extent permitted by UK law, our liability is limited at our option to anyone or more of the following: For products: i. The replacement of goods or the supply of equivalent goods; ii. The repair of goods; iii. The payment of the cost of replacing the goods or of acquiring equivalent goods; or iv. The payment of the cost of having the goods repaired. For services: i. The supplying of the services again; or ii. The payment of the cost of having the services supplied again. 11. INDEMNITY The member agrees that: Indemnity 11.1 Claim Meaning [Claim] means any and all claims, suits, causes of action, liability (including taxation liability), loss (including consequential loss), damages, demand, claim of awards or benefits under the Compensation Plan, allegation, debt, costs and expenses (including legal fees on an indemnity basis and other professionals and experts fees, court and arbitration costs), proceeding or demand of any nature howsoever arising, whether present or future, fixed or uncertain, actual or contingent, known or unknown or whether at law (including breach of contract and tort of negligence), in equity, common law, under statute, or otherwise. Exclusion of Liability & Indemnity of Atomy 11.2 You at all times will indemnify Atomy and their officers, employees, agents, suppliers and licensors in respect of any Claim that is suffered or incurred by them arising in whole or in part out of use of this website, your connection to the website, your purchase of products or services via the website, arising out of the content you submit on the website, of or as a result of a breach of these Terms or due to any unlawful conduct committed by You. Atomy is not liable to You in respect of any Claim against Atomy that arises in connection with this agreement and You now and continue to hold harmless and keep indemnified Atomy against any and all Claims at all times. Atomy is not liable to any Member in respect of any Claim of a Member as against Atomy that arises in connection with this Agreement and the Member holds harmless and keeps indemnified Atomy against any and all Claims at all times. 12. REPUTATION, DISPARAGEMENT & DISREPUTE The Member agrees that: 12.1 Lawful Conduct the Member will always conduct itself in a manner that is compliant with the laws of the jurisdiction of which it resides or conducts business activity within; 12.2 Positive Conduct the Member will not conduct itself in a manner that Atomy in its absolute discretion regards as being a risk of bringing Atomy into public disrepute and the Member will endeavour to conduct itself in a manner that presents a positive image for Atomy and its products and services. 12.3 Non-disparagement the Member will not in any way, whether in writing, orally or otherwise, call into disrepute, slander, defame or otherwise criticise Atomy or any of its directors, officers, staff, employees, agents, Atomy products or Atomy services 13. SUSPENSION OF RIGHTS, MEMBERSHIP OR BENEFITS The Member agrees that: 13.1 Suspension Atomy may in its unfettered discretion and without prejudice to any rights it has under this Agreement (including termination), suspend, or alter any rights or benefits contained with Membership to Atomy including but not limited to purchasing of products and services, referral rights, suspension of rights granted via the Compensation Plan, non- payment of Compensation Plan benefits, non-awarding of Compensation Plan points or cancellation or suspension of any bonus payments or awards and may do so for any period of time and for any amount or value that Atomy determines appropriate in its absolute and unfettered discretion. 14. TERMINATION & EXPIRY OF MEMBERSHIP AGREEMENT 14.1 Termination by Atomy for Breach The Member agrees that Atomy without prejudice to any other rights it may have under this Agreement or at law, may terminate this Agreement immediately by written notice if the Member is in breach of any term of this Agreement. 14.2 Termination by Atomy Without Cause The Member agrees that Atomy may terminate this Agreement and any Membership of a Member for any reason whatsoever, by providing written notice of termination of fourteen (14) days. 14.3. Termination by Member Atomy agrees that a Member may terminate its Membership and this Agreement for any reason by providing relevant information specified by Atomy from time to time. Membership termination will be deemed accepted at the time of receipt by Atomy. 14.3 Effect of Termination Upon termination or expiry of Membership and this Agreement, the Member agrees that: (i) referral rights granted to the Member under this Agreement come to an end; (ii) any Member benefits, bonuses, points, awards, prizes or other items specified in the Compensation Plan (as provided and updated by Atomy from time to time) are immediately no longer redeemable, or recoverable by the Member in any manner whatsoever; (iii) all rights and licenses of the Member to use any of the Intellectual Property (including brand name, trademarks, Confidential Information) revert to Atomy without the need for anything else to be done by Atomy; (iv) it will stop using and displaying in any manner, the Intellectual Property or anything that imitates or is deceptively similar to the Intellectual Property of Atomy; (v) cease using any Confidential Information; (vi) do all things necessary (including executing all documents) reasonably required by Atomy and necessary or desirable to give full effect to the obligations of the Member at the end of this Agreement. 15. Products and Services 15.1 Price The prices for services provided on the Atomy website will be as set out on the website at the time you apply to purchase. Atomy reserves the right to alter, update, and/or change the prices for the products or services at any time. Atomy may conduct such modifications to our pricing due to changes in the exchange rate values applicable at the time. All prices are inclusive of VAT. 15.2 Purchase You may be elect to purchase products and services of Atomy. When selecting to purchase, you will be required to provide Atomy with your credit card information. Please be aware that all credit card information will be shared with our third-party payment processors. By ordering an Atomy product or service, you agree that Atomy may charge you the price listed at the checkout screen on our website. If you have any issues with payment do not hesitate to contact Atomy. 15.3 Refunds, Exchange and Cancellation All refunds, product exchanges or cancellations will be made in accordance with Atomy’s Refund & Exchange Policy or as otherwise specified by Atomy from time to time. 15.4 Product Availability Due to product demands, Atomy products and services may not be available at all times. If no products or services are available, Atomy will contact you and inform you of our product availability and projected delivery times. Although our product may be delayed or momentarily unavailable, you agree that we may still charge your credit card and deliver the Atomy products and services when they become available. 15.5 Taxes You agree that Atomy may charge you taxes such as VAT for any purchases through our website and Services. You agree that Atomy is not responsible for providing you with advice in regard to your tax liabilities. 16. PRIVACY Atomy is committed to ensuring that you can enjoy the services and products while safeguarding your private information. You must review Atomy’s privacy policy (attached to these Terms and headed (“Atomy Privacy Notice”) to ensure you know how you can make the best use of the services without compromising your privacy. 17. GENERAL 17.1 Amendments to Terms Atomy reserves the right to amend these Terms and its policies whenever Atomy considers it necessary to do so within Atomy’s reasonable discretion. If you wish to modify these Terms, you must obtain Atomy’s agreement to vary the Terms in writing. 17.2 Incorporation of Policies & Rules In accepting these Terms, you also agree: a) to comply with all of Atomy’s policies and rules concerning the products and that are made available for all Member from time to time; and b) that a breach of these policies or rules, by you constitutes a breach of these Terms. 17.3 Assignment You cannot assign your rights, benefits or obligations under these Terms without Atomy’s prior written consent. Atomy can novate or assign its rights or obligations under these terms without restriction. 17.4 Automated Access All Automated Access is also subject to these terms. No automated software may access the site until the person responsible for the Automated Access has accepted these terms. As such, any attempt to obtain Automated Access will be bound by these terms. 17.5 Severability If anything in these Terms is unenforceable, illegal, invalid or void then the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, it is severed and the rest of these terms remain in force, unless the severance would change the underlying principal commercial purpose or effect of these terms. 17.6 Waiver and Cumulative Remedies No failure or delay by either party in exercising any right under the terms will constitute a waiver of that right. Other than as expressly stated in the Terms, the remedies provided in the Terms are in addition to, and not exclusive of, any other remedies of a party under Laws. 17.7 Governing Law and Disputes You agree that the Terms are governed by Republic of Korea law and that the offer and acceptance of the terms is deemed to have occurred in the Republic of Korea. You also agree that disputes must be resolved in the courts of that jurisdiction. You agree that you will not be involved in an action as a class member in a class action and that all disputes must be pursued in your own name only. You waive your respective rights to seek or be involved in any class action under these terms or concerning any aspect of the Atomy Membership, products or services. You further agree that any proceeding taken by you other than in accordance with this clause 17.7 may result in Atomy filing to have the proceeding dismissed and that you will be responsible for all reasonable legal costs, court fees and disbursements in doing so. 17.8 Electronic Communications The communications between you and Atomy use electronic means, whether you visit the Atomy website or Services or send Atomy e- mails, or whether Atomy posts notices on the website or as part of its services or communications with you via e-mail. You hereby consent to receive communications from Atomy in an electronic form and agree that all terms, conditions, agreements, notices, disclosures, and other communications that Atomy provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. 17.9 Entire Agreement The terms and any of Atomy’s policies or rules concerning Membership, its products and services, together with any of the other documents specifically referred to or incorporated in these terms by specific reference constitute the entire agreement between the parties and supersede all prior understandings and agreements concerning its subject matter. If the terms, or Atomy’s policies or rules are amended by Atomy, the newer version of those documents will then supersede the prior version.

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