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Improve International Korean – Terms and Conditions

    A. Contract Terms

Korean Animal Hospital Association agrees to provide services to you on the following terms and conditions. By placing an order for Services and/or utilising our Services, you are deemed to have accepted these terms and conditions and are bound by them. These terms and conditions together with the “Registration form” constitute the entire agreement between us and you (“this contract”), except as supplemented by any other documents explicitly agreed to be part of this contract. This contract supersedes any previous agreement or understanding and may not be varied except in writing by ourselves and you. Any other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law, unless a term is expressly agreed in writing by us.

    B. Interpretation

In these terms and conditions unless the context otherwise requires:
    a) “this contract” has the meaning specified above;
    b) “you” means the person booking the Service and/or the Delegate;
    c) we” , “our” , “ourselves” and “us” means Korean Animal Hospital Association;
    d) words importing the singular include the plural and vice versa;
    e) words importing one gender shall include all other genders;
    f) references to statutes, regulations, statutory rules or other subordinate legislation and instruments made under them include any amendments, consolidations, re-enactments or replacements;
    g) a reference to a Korean Won or ₩ means Won being the lawful currency of Korea.

    C. Definitions

In these terms and conditions unless the context otherwise requires:
“Associates” means: directors, officers, employees, servants, partners, agents and related bodies corporate of the party specified.
“Consumer Law” means those laws set out in the Competition and Consumer Act.
“Charges” means the course fees described on the registration form for a Course.
“Claim” includes any claim, demand, suit, action or proceeding.
“Course” means a training or educational course as described on our registration form.
“Delegate” means the person registered to attend a Course or their substitute as notified in advance to us.
“Excluded Loss’’ means:
    a) all special loss   whether or not the possibility of such loss arising on a particular breach of contract or duty has been brought to our attention at the time of making this contract; and/or
    b) loss, corruption or destruction of data; and/or
    c) loss of profits, business, opportunity or anticipated savings, whether incurred directly or indirectly; and/or
    d) any indirect or consequential damage whatever,
either in contract, tort (including negligence) or otherwise.
“Force Majeure Events” means matters beyond our reasonable control, including, but not limited to Acts of God, fire, lightning, explosion, war, disorder, flood, industrial or transport related disputes, weather of exceptional or unusual severity, failures or interruptions of electricity supplies, acts of local or central government or other authorities.
“VAT” means the goods and service tax.
“VAT Act” means A New Tax System (Goods and Services Tax).
“Insolvency Event” means the occurrence of any one or more of the following events:
    (i) an application is made to a court for an order that a party be wound-up, declared bankrupt or that a provisional liquidator or receiver or receiver and manager or like officer be appointed to it or in relation to any of its assets;
    (ii) a party enters into an arrangement or composition with one or more of its creditors, or an assignment for the benefit of one or more of its creditors;
    (iii) a party is unable to pay its debts as and when they fall due or is deemed to be insolvent under any law;
    (iv) a party ceases to carry on business or threatens to do so; or
anything occurs under the law of any jurisdiction which has a substantially similar effect to any of the above paragraphs of this definition.
“Interest” means interest calculated per annum on the outstanding balance plus 7%.
“Loss” means loss or damage including (but not limited to) any form of consequential loss such as: third-party loss, loss of profits, loss of revenue, loss of opportunity, loss of data, loss of anticipated savings, pure economic loss and any increased operating cost.
 “Service’’ means a Course or any other service you have ordered from us as set out in the course description or other agreed document.

    D. Service

When you order a Service from us you have the right to withdraw your instructions, without charge, at any time within seven (7) days afterwards. This right will cease, however, if the Service is provided with your consent within that time. By the act of placing an order with us on behalf of a company or other entity, you represent and warrant that you have ostensible authority from such entity to do so.
We will aim to provide the Service in accordance with any dates agreed with you. However, any dates quoted for the provision or start and/or completion of the Service are approximate only and we shall not be liable for any delay in relation to the same whatsoever for any reasons at all.

    E. Payment

You must pay in full the Charges which are notified to you by us for the Service ordered by you from us.
Except in exceptional circumstances, payment is to be made in advance of the supply of Services to you, and in any event at least [30 days] prior to the provision or start date of the Services. We reserve the right to cancel a place in a Course or module of a Course if payment has not been received in accordance with this paragraph. In the event of late payment we reserve the right to charge Interest on the outstanding balance.  
All invoice documents will be sent electronically to the e-mail address provided at the time of enrolment. A certified software for electronic invoicing is used for that purpose. Changes to the e-mail address or requests to receive documents in paper should be done by writing to Improve International or at the time of enrolment. An additional fee will be charged and added to the final price of the course, when requesting these documents in paper.

    F. Our obligations

We agree that we will:
    • Provide the Service with due care and skill.
    • Keep confidential any confidential information you provide to us.
    • Provide adequate security in accordance with the Privacy Principles for any data that you provide to us.
    • Act only in accordance with your instructions in relation to any data that you provide to us and keep a secure record of your data for at least 7 years.

    G. Your obligations.

You agree that you will cooperate fully with us in relation to the provision of the Service and ensure that any employees do likewise.

    H. Email

We routinely communicate and send documents, specifically invoicing documents produced using a certified software, via email, unless we have been specifically requested not to do so or it is clearly inappropriate. The documents include electronic invoicing documents but not exclusively. Our computer systems are regularly virus checked. Whilst we use all reasonable endeavours to prevent the transmission to you of known viruses, you should check all incoming electronic messages for viruses and use virus protection software to monitor your files, electronic messages and their attachments.

    I. Termination

We can terminate this contract if you or the entity on whose behalf an order for Services has been placed with us are the subject of an Insolvency Event. A in addition to our termination rights set out in the immediately preceding subclause, we may at any time and at our sole option either suspend the Service under this contract or terminate this contract immediately if you breach any term of this contract or any fee or Charge remains unpaid by you before the commencement date of your Course/Service.
The failure of a party to insist upon strict adherence to any provision of these terms and conditions shall not constitute a waiver of such provision and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that provision or any other term of these terms and conditions.

    J. Limitation of Liability

We accept liability for our own negligence (if any) in the supply of the Service. This, however, is limited to the extent stated in this clause.
Subject to the following two clauses, nothing in this contract shall be construed as restricting or excluding our liability for death or personal injury resulting from our negligence or for fraud or, to the extent that such rights may not be contracted out of, as affecting the statutory rights of any person dealing as a consumer.
Subject to the immediately following sub-clause, we shall be liable to you in respect of all direct loss or damage caused by our negligence and those of our Associates, other than Excluded Loss. The total liability of ourselves and our Associates for loss or damage of every kind out of or in relation to the Services whether arising pursuant to this Contract or in tort (including negligence) or contract or under any theory of law whatsoever or in any other cause of action, is limited to the amount of the charges by us under this Contract at the date when such liability arises, subject to any statutory rights of the consumer.
For the avoidance of doubt, in no event shall either party to this contract be liable to the other for any indirect or consequential loss of any nature and howsoever caused.
We do not have any implied obligation, duty or liability in contract or tort (including negligence) or any other theory of law other than those explicitly stated in this contract.
If any goods or services supplied pursuant to this contract are supplied to the customer as a ‘consumer’ of goods or services within the meaning of that term in the Consumer Law as amended or relevant state legislation (“the Acts”), the consumer will have the benefit of certain non-excludable rights and remedies in respect of the goods or services and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Competition and Consumer Act or similar legislation is so conferred. However, if the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, we limit the liability of ourselves and our Associates to:
    a) in respect of goods – payment of an amount equal to the lowest of:
    i. the cost of replacing the goods or supplying equivalent goods;
    ii. the cost of repair of the goods;
    iii. the cost of having the goods repaired or replaced;
    b) in respect of services:
    i. the supplying of the services again; or
    ii. the payment of the cost of having the services supplied again.
The total liability of ourselves and our Associates for loss or damage of every kind arising out of or in relation to the Services whether arising pursuant to the Agreement or in tort (including negligence) or contract or under any theory of law whatsoever or in any other cause of action, is limited to the amount of the Charges by us under this contract at the date when such liability arises, subject to any statutory rights of the consumer.
We do not give any guarantee or warranty or make any representation of any kind, express or implied, with respect to use of our Services other than those implied by the Acts.

    K. Force majeure

We are not liable for any breach of contract between ourselves and you or between ourselves and any delegate caused by any Force Majeure Events or other matters beyond our reasonable control.

    L. General

Any notice required or permitted to be given by either party to the other under this contract shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified under this provision to the party giving the notice.
Any provision of these terms and conditions which is held to be illegal, void or unenforceable:
    a) must be read down to the minimum extent necessary to achieve its validity, if applicable; and
    b) be severed from these terms and conditions in any other case,
without invalidating or affecting the remaining provisions of these terms and conditions which shall be read in full force and effect.
This contract excludes and/or supersedes any previous statements or agreements between us whether written or oral relating to the provision of the service.
These terms and conditions are to be interpreted in accordance with the laws. Each of you and Korean Animal Hospital Association irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts and appeal courts therefrom in relation to any dispute arising hereunder.
On registering for a course, delegates should note the following Terms and Conditions.
    1.         When registering for a course the delegate is responsible for providing true, complete, up to date and accurate personal information, including about matching the minimum training requirements to attend the course, updating in case of any change during the course. Korean Animal Hospital Association is not responsible about checking if they are true in part or totally, up to date or accurate.
    2.         If for any reason (such as inadequate numbers of registrants) a Course is not run, then any registration fee will be refunded in full, however, other expenses incurred by delegates such as any pre-booked travel expenses are excluded.
    3.         All cancellations by delegates must be made in writing. A cancellation fee of 20% of the total registration fee will be made for cancellations at least 30 days before the start of the Course. Refunds will not normally be made for cancellations within 29 days of the start of the Course. Any claims for refunds should be made in writing to the Directors of KAHA.
    4.         Delegates may substitute another person in place of themselves for a Course or module but they must notify KAHA Animal Hospital Association in advance of the name so that the delegate register accurately reflects attendance.
    5.         It is possible to make a pre-reserve for a course which Korean Animal Hospital Association will keep for 8 days. Confirmation and priority of the course will be according to entrance of payment. After 8 days the place in the course will be available for registration again.
    6.         Delegates must inform KAHA Animal Hospital Association in writing, allowing at least 14 days’ notice, if they cannot attend a module.
    7.         We may in our sole discretion charge a modular cancellation fee in respect of cancellations giving less than 14 days’ notice. This fee will only be payable prior to attending a missed module at another date in the future. No refunds will be made in relation to missed or cancelled modules.
    8.         Delegates must ensure that Improve International is notified of any changes in their contact details. Improve International cannot be held responsible for non-notification of Course changes if up to date details have not been provided.
    9.         Delegates should ensure that they themselves have appropriate insurance in place, particularly if the course involves visits to other centres/facilities, for example for practical sessions. About wet-lab courses in japan, all delegates will be covered travel insurance by Korean Animal Hospital Association.
    10.       Korean Animal Hospital Association will exercise reasonable endeavours to ensure that speakers will be suitably experienced in their subject. Korean Animal Hospital Association reserves the right, under exceptional circumstances, to alter the venues, dates or speakers of courses. Under such circumstances, Koean Animal Hospital Association will give maximum possible notice to delegates.
    11.       Replacement notes of Courses are available for an additional charge dependent upon the costs incurred in reprinting.
    12.       We reserve the right to cancel a place on a course or module if payment has not been received in accordance with Part E above.
    13.       Delegates should be aware of the potential personal risks involved when attending courses involving surgical instruments and/or live animals and should ensure that they have adequate insurance. All Courses are booked by or for the delegate on the understanding that surgical instruments and live animals are potentially dangerous and participation is undertaken by the delegate at their own risk. Each delegate will be required to sign a statement which indemnifies World Animal Hospital Association/Korean Animal Hospital Association and its Associates from the damages caused by any accident experienced by the delegate when attending a Course.
    14.       If any goods or services supplied pursuant to the Agreement are supplied to the customer as a ‘consumer’ of goods or services within the meaning of that term in the Consumer Law as amended or relevant state legislation (“the Acts”), the consumer will have the benefit of certain non-excludable rights and remedies in respect of the goods or services and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Competition and Consumer Act or similar legislation is so conferred. However, if the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, to similar provisions of relevant state legislation the liability of World Animal Hospital Association/Korean Animal Hospital Association and its Associates will be limited to:
        c) in respect of goods – payment of an amount equal to the lowest of:
        iv. the cost of replacing the goods or supplying equivalent goods;
        v. the cost of repair of the goods;
        vi. the cost of having the goods repaired or replaced;
        d) in respect of services:
        iii. the supplying of the services again; or
        iv. the payment of the cost of having the services supplied again.
    15.       The total liability of Korean Animal Hospital Association and its Associates for loss or damage of every kind arising out of or in relation to the Services whether arising pursuant to the Agreement or in tort (including negligence) or contract or under any theory of law whatsoever or in any other cause of action, is limited to the amount of the charges us under the agreement at the date when such liability arises, subject to any statutory rights of the consumer.
    16.       Korean Animal Hospital Association does not give any guarantee or warranty or make any representation of any kind, express or implied, with respect to use of the Services other than those implied by the Acts.
    17.       Vehicles are parked at the owner’s risk at all venues. Korean Animal Hospital Association will not accept any liability for loss or damage to vehicles.
    18.       Personal possessions and valuables are the responsibility of each delegate at all times and at all venues Korean Animal Hospital Association will not accept any liability for the loss of or damage to personal possessions and valuables.
    19.       Korean Animal Hospital Association may correct any typographical or other errors or omissions in any brochure, promotional literature, quotation or other document relating to the provision of the Courses without any liability to the delegate.
    20.       Korean Animal Hospital Association may at any time, without notifying the delegate, make any changes to the Courses which are necessary to comply with any applicable safety or other statutory requirements or which do not materially affect the nature or quality of the Courses.
    21.       Recording or image broadcast of the classes by the delegate is not allowed except with express and direct consent by Korean Animal Hospital Association.
    22.       The delegate must inform Korean Animal Hospital Association of any special dietetic requirements or allergies.
    23.       Korean Animal Hospital Association will ensure all speakers have reasonable and necessary skills to lecture the course. However lecturers are responsible for accuracy and content of the information provided and therefor Korean Animal Hospital Association is not liable for any inaccuracy or mistakes that may arise by oral or written way during or after the class.
    24.       These Terms and Conditions (including the Definitions and Interpretation) together with the “Registration form” constitute the entire agreement between the delegate and Korean Animal Hospital Association and supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
    25.       A notice required or permitted to be given by either party to the other under these Terms and Conditions shall be in writing, and addressed to the other party at its registered office or principal place of business, or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
    26.       These terms and conditions are to be interpreted in accordance with the laws of the State. Each of the delegate and Korean Animal Hospital Association irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that State and appeal courts therefrom in relation to any dispute arising hereunder.
    27.       Any provision of these terms and conditions which is held to be illegal, void or unenforceable:
        a)    must be read down to the minimum extent necessary to achieve its validity, if applicable; and
        b)   be severed from these terms and conditions in any other case,
without invalidating or affecting the remaining provisions of these terms and conditions which shall be read in full force and effect.
    28.       The failure of a party to insist upon strict adherence to any provision of these terms and conditions shall not constitute a waiver of such provision and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that provision or any other term of these terms and conditions.
    29.       Korean Animal Hospital Association is not liable for any breach of this contract caused by any Force Majeure Events or other matters beyond our reasonable control.

    M. Privacy Policy

Korean Animal Hospital Association is committed to protecting your privacy. If you have any requests concerning your personal information or any queries with regard to our processing please contact us at kaha@hanmail.net
What we may collect:
• Name and job title
• Contact information including email address
• Demographic information such as postcode, preferences and interests
• Other information relevant to surveys, special offers, delegate support (“your information”).
By placing an order for Services you consent to:
a) our collection of information about you including, without limitation, personal information and sensitive information as defined under the Privacy Act as set out in the Privacy Policy; and
b) our retention of your information on our database for a period of 12 months after you have placed such order;
c) the disclosure of your information by us:
i. to our professional advisers when necessary;
ii.to other parties to whom we are required by law to disclose information or authorised to disclose information; and
iii. for the purpose of implementing these terms and conditions.
What we do with the information we gather:
We require this information to understand your needs and provide you with a better service, in particular for the following reasons:
• Internal record keeping.
• We may use the information to improve our products and services.
• We or associated third parties may periodically send you promotional emails about new products, special offers or information which we consider you may find interesting, using the email address you have provided.
• Delivery of learning materials, notes and product support.
Disclosures of your information:
Unless we receive an unsubscribe or opt-out notice from you, your consent is deemed to your information being passed to and used by all Improve International companies including those with whom it is working in association with i.e. those that support our courses. We will never pass your personal information to anyone else, except where we are required or permitted to do so by law.
Security:
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we hold.

Improve International Korea Terms and Conditions, Version 1.0 dated 20 June 2019