Terms of Use The Atomy webpage available at: https://join.atomy.com is designed to provide a convenient, private and informative retail experience for Members to purchase products and services. Atomy wants each visitor to the website ("you") to have a safe, pleasurable visit, so we have established the following terms and conditions so that we both know what to expect from each other. By using the website, you agree to be bound by the terms following. Please read them carefully. Your usage of the website indicates your acceptance of these terms and conditions. Your placement of an order also indicates your acceptance of these terms and conditions. Information Disclaimer All information supplied is for information only and is not intended to diagnose, treat, improve, benefit, cure, or prevent any disease, medical condition, or health concern or physical goals. No warranty is given or implied that any information on or linked to the Atomy website 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. Must Seek Advice Professional advice is required for each particular illness, disease, infection, injury or other medical or health condition, health concern or suitability of any product or service for your personally and for dosages or usage instructions in relation to any related product or services 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 Members actions. Members must also consult with their health care provider prior to the purchase and use of any of the Atomy products or services available on the Atomy website. No Substitute for Advice The information contained in this website 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 your or any other parties medical or physical condition. Nothing contained in the services or on the Atomy website is intended to be or should be taken as medical advice or as any sort of medical diagnosis, treatment or health and well-being advice. Or that the usage of products available on the Atomy website are safe for your personal use. 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. 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. 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. Acceptance of Risk 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. Disclaimer & Limitation of Liability for Products and Services Sold Except as stated herein the terms and conditions [this document], 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. Your Use of the Website You agree that the use of the website is at your sole risk and that under no circumstances will Atomy Distribution Limited, its directors or officers, employees and representatives, third party content providers or similar warrant that the website shall be uninterrupted or error free. In addition, Atomy, does not make any claims as to the results that may be obtained from the use of the website, or use of the information, content, service, or products provided through the website. Furthermore, Atomy explicitly disclaims any responsibility for the accuracy, content, or availability of information found on web sites that link to or from the website from third parties. We cannot be held responsible for the accuracy, copyright, compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such web sites. Under no circumstances shall we or any other party involved in creating, producing, or distributing the site be liable for any direct, indirect, incidental, special, or consequential damages for the loss of profits, good will, use, data or other losses (even if we have been advised of the possibility of such damages) that result from (i) the use of the website or the inability or non-availability of the website, (ii) the cost of procurement of substitute goods and services resulting from any data, information or services purchased or obtained or messages received, or transactions entered into through or from the website; (iii) unauthorised access to or alteration of your registered information, communications or data (iv) statements or conduct of any third party on the website; (v) negligent or wilful acts by Atomy, its directors its directors or officers, employees and representatives or; (vi) any other matters relating to the website Indemnity 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 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. Using the Website You are responsible for your own access and use of the Atomy services and accept the following terms: (a) 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; (b) 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 with the discretion of Atomy and without notice; (c) 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; (d) you are responsible to ensure the safety and compatibility of the services and products provided by Atomy for your own usage, consumption or dealing; (e) 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. Your Responsibilities You must operate your user account in accordance with Atomy directions and in particular, you agree to the following: (a) upon registration, you will nominate an email and password for the use for the duration of the Terms and Services and each time you access the services (including your web browser being directed and landing on a Atomy website) you affirm your acceptance of the terms; (b) you are responsible for the accuracy, quality and legal integrity of your data and the means by which you acquire your data; (c) that you may be required to have and maintain an internet or data connection in order to access the Services; (d) Atomy has no obligation to investigate the source of any access to verify the use of the services. Each time the password or identification selected by you at registration is utilised to access the services, it is deemed to be accessed by you or authorised by you, including (without limitation) all communications and transmissions and all obligations (including but not limited to financial obligations) incurred through such access or use of the services. (e) you have permission to use and operate your user Account, but the extent of that use and operation is at Atomy sole discretion. Atomy may maintain your user Account differently to the accounts of other users. (f) your user Account must only be operated by you on your own behalf. You must not operate your user Account on behalf of anyone else, including but not limited to an organisation that is not a natural person (Organisation). However, if Atomy permits you to open a User Account on behalf of an Organisation, then; (g) the word [you] in these Terms includes both you and the Organisation; (h) you represent that you are authorised to represent the Organisation and that you have the authority to bind the Organisation to the Terms. (i) if you connect the services with a Third-Party Service with which you have a user account, you authorise Atomy to use information about you available from the Third-Party Service and to store your user login information for that Third-Party Service; (j) you take full responsibility for everything done through your user Account and in particular (k) you agree not to share the login credentials for your user Account with any other person, or permit any automated use of your User Account without Atomy consent; (l) you agree to use a password for your user account that is not easily identifiable or ascertainable and likely to remain secure using upper and lower case letters, numbers and symbols; (m) you agree to notify Atomy straight away if you suspect another party has access to your login credentials or if you suspect that another party is conducting activity through your user account. (n) you agree to use commercially reasonable efforts to prevent unauthorised access to or use of the Services; (o) not seek to circumvent Atomy methods intended to control access to the services; (p) you must only give Atomy accurate and complete information about you when you create your user account. If your details are changed after creating your user account, you must update the relevant information. (q) you agree that Atomy may send you email or other electronic messages concerning your user account, Atomy and its commercial partners from time to time. You will have the right to opt out of some of the information sent. (r) You agree that your data will be stored on the Atomy global CRM system which is based in South Korea. We do this using standard contractual clauses. Atomy Intellectual Property This website is owned and operated by Atomy. Unless otherwise specified, all material appearing on this website, including the text, website design, logos, graphics, icons and images, photographs, graphics, typefaces and other material (collectively "Content") as well as the selection, assembly and arrangement thereof is subject to applicable copyright laws. All audio and video clips are the sole property of Atomy or their respective content providers. All software used on the website is the sole property Atomy or those supplying the software. You acknowledge that the website contains Content, audio and video clips and software that are protected by copyrights, trademarks, or other intellectual property rights, and that these rights are valid and maybe protected in all forms, media and technologies which exist now or are developed in the future. You may use the content of this website only for the purpose of shopping on this website or placing an order on this website and for no other purpose. No materials from this website may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without the prior express written authorisation from Atomy. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Payment Methods Credit Cards: We accept all major credit cards including Visa and MasterCard. There is no surcharge for Visa or Mastercard transactions with Atomy. Please be sure to provide your exact billing address and telephone number, this is the address and phone number your credit card provider has on file for you. Any incorrect information may cause a delay in the processing if your order. Your credit card will be billed as soon as your order is placed. This is done to protect the security of your credit card details, as we do not store your card details at any point. In the event that we cannot fulfil your order, or some items cannot be shipped, we will refund the difference back to your credit card. These refunds may take several business days to appear on your statement. Order Acceptance Policy Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Atomy reserves the right at any time after receipt of your order to accept or decline your order for any reason. Atomy reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Conduct You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the website, use of the website, or access to the website. You agree not to access the website by any means other than through the interface that is provided by us for use in accessing the website. Our Rights Atomy may elect to electronically monitor areas of the website and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the website; or (iii) to protect our rights or property or the rights of the users, our directors, employees, representatives, sponsors, third party providers or licensors. We are not responsible for screening, policing, editing, or monitoring such Content. Atomy may terminate your access, or suspend your access to all or part of the website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us. TYPOGRAPHICAL ERRORS In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Atomy shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Atomy shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Atomy shall immediately issue a credit to your credit card account in the amount of the incorrect price. APPLICABLE LAW You agree that the terms are governed by the Laws of Republic of Korea 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 Republic of Korea. 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 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. The processing of your data is complaint to the European General Data Protection Regulation (GDPR) 2016, the United Kingdom Data Protection Act 2018 and Korea Personal Information Protection Act 2020. TERMINATION These terms are effective even if this Agreement is terminated by either party. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the website with or without notice. You agree that any termination of your access to the website may be affected without prior notice and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the website. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the website.
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