Terms of Use | Medical Avenue

Terms of Use

These terms and conditions (the “Terms”) set out the legal terms on which our Services are made available to you through our app (“App”). They also cover any interactions or communications you have with us through our Service.

Your use of our Service is conditioned upon your acceptance of these Terms. We may change these Terms at any time. If we amend these Terms, we will inform you of the effective date and the reasons for such amendment at least seven (7) days prior to the effective date. However, in the case of amendments that are disadvantageous to you, we will provide notice at least thirty (30) days prior to the effective date and will also notify you individually by email or other means. If you do not agree to the amended Terms, you may discontinue the use of our Service and terminate the agreement.

In these Terms:

“we“, “us” or “our” refer to Medical Avenue, a company incorporated under the laws of the Republic of Korea, having its registered address at Suite 1433, 14^th Fl., Mapo-daero, Mapo-gu, Seoul, Korea, which provides our Service;

“our Service” refers to communicating with Medical Service Providers on your behalf to receive detailed information on medical specialties, liaising with Medical Service Providers on your behalf for the possible provision of Medical Services to you, reserving hotel rooms on your behalf, the use of our mobile application, the use of our website, and other related information-gathering and liaising activities;

“Force Majeure” means any act, event or cause beyond the reasonable control of Medical Avenue, including any act of God or any public enemy, fire, flood, explosion, epidemic, strikes, labor disputes, war, sabotage, riot, insurrection, civil commotion, national emergency and martial law, expropriation, embargo, economic sanctions, decree or order of any government, governmental authority or court.

“Losses” means claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature.

“Medical Services” refers to the medical services made available to you by the relevant Medical Service Provider(s) through our Service;

“Medical Service Provider” refers to the medical service provider that is located in the Republic of Korea, Turkey, or Japan (where the related service is expected to launch between January and March 2026) and is making available the Medical Services to you through our Service;

“reservation” means the appointment made between you and a Medical Service Provider for the receipt by you of Medical Services from the Medical Service Provider, and in the case of hotels, the reservation of a hotel room or rooms for the period of receiving the Medical Service;

“Stripe” means Stripe, Inc., a third-party payment processing service provider that provides payment processing services in connection with the purchase of Tokens through our App.

“Token” or “Tokens” means Medical Avenue’s proprietary service-purchase instrument, which may be used solely for the purpose of purchasing and accessing our services, packages, or products through our App, and which does not constitute or represent a blockchain asset, virtual currency, or investment instrument.

“you” refers to you as the user of our Service.

Section 1. Terms of Service of the Medical Service Provider

As well as these Terms, other terms and conditions may be provided by Medical Service Providers (e.g., a Medical Service Provider’s own terms and conditions for the provision of Medical Services) (the “Terms of Service of the Medical Service Provider”). You understand that Medical Avenue is not and will not be a party to any contractual relationship entered into between you and any Medical Service Provider that may result from your use of our Service.

If you violate the Terms of Service of a Medical Service Provider, your reservation may be cancelled and you may be denied access to the relevant Medical Service. You may also lose any money paid for such reservation. We are not liable for any damages or losses arising out of or in connection with such restriction, suspension, or discontinuation of the Service, to the extent that such events are not caused by our willful misconduct or negligence.

Section 2. Using our Service

Our rules

We provide our Service to help you find information about Medical Services and to assist you in reserving those Medical Services. It is provided to you for no other purpose.

You agree that:

you will only use our Service for your personal and non-commercial purposes;
you are at least 18 years of age and have the legal authority to enter into contracts;
you will use our Service lawfully and in compliance with these Terms;
all information supplied by you is true, accurate, current and complete;
if you have an account with us, you will safeguard your account information and be responsible for any use of your account by you or others;
if you act or make a reservation on behalf of others, you will obtain their authorization prior to acting on their behalf, and you will inform them about the terms that apply to the reservation (including the Terms of Service of the Medical Service Provider) and ensure that they agree to such terms;
you are responsible for paying any amounts due, for making any change/cancellation requests and for all other matters relating to the reservation.

You also agree not to:

make any false or fraudulent reservations;
access, monitor or copy any content on our Service using any robot, spider, scraper or other automated means or any manual process;
violate the restrictions in any robot exclusion headers on our Service or bypass or circumvent other measures employed to prevent or limit access to our Service;
take any action that imposes, or may impose, an unreasonable or large load on our infrastructure

Access

We may, acting reasonably, deny anyone access to our Service at any time for any valid reason, including, but not limited to, the following reasons:

(1) when it is necessary for system operation, such as for regular system maintenance, server expansion or replacement, or due to network instability;
(2) when normal provision of the Service is impossible due to power outages, failures of service facilities, or similar causes;
(3) when we deem it inappropriate to continue providing the Service due to other significant reasons;
(4) when there is a Force Majeure event; or
(5) when you interfere with our business activities.

We may also make improvements and changes to our Service at any time. In such cases, we may provide notice to you by e-mail or other means based on the information provided by you, or alternatively, by posting the notice on the website or application in lieu of individual notification.

How we provide our Service

There are many medical service and hotel reservation options available through our Service. Upon opening our App, you will have a choice of exploring and selecting the available Medical Service Providers and other services offered by us. In order to use our services, you will be required to purchase Tokens. Tokens may be purchased by pressing the “Top Up” button appearing under the “Wallet Balance” box. By pressing the “Wallet Balance” box, you will be able to view your Token balance and have the option to top it up, allowing you to easily check the remaining number of Tokens available for use. If you wish to request our Services, you will be redirected to a sign in page whereupon you will be guided through the process to begin receiving our Services.

Upon signing in, you will be asked to provide certain personal information. You will have the option of providing this information within our App, or alternatively, through the App’s chat feature. Upon receipt of your personal information, we will initiate the request for Medical Services by liaising between you and the Medical Service Provider. During this phase of the process, we may request medical images and medical records. This phase of the process takes place outside of the app, adhering to the identical process utilized for clients discovered through alternative channels, such as through our website and social media platforms.

During the process describing above, and generally during the course of the provision of our Services, you will provide personal information and data which we will store on our servers. In order for us to facilitate the provision of our Service, it is necessary for us to share your personal information and data with the Medical Service Provider. You agree to allow us to share your personal information in order to facilitate a reservation with a Medical Service Provider. Please refer to our Privacy Policy to understand how we protect and store your personal information and data. A link to our Privacy Policy is provided in Section 9 below.

Section 3. Confirming a reservation

For medical appointments with a Medical Service Provider (including consultations, surgeries and medical tests), we will forward confirmation forms received from the pertinent Medical Service Provider to you. Additionally, we will send information describing the procedures that you will undergo, as well as recommendations for you to follow. All this information will be transmitted to you through our mobile application on a feature called “My trip”. Similarly, for hotel reservations that we receive we will transmit the confirmation forms to you through our mobile application.

Section 4. Payment

(1) To purchase and access services, packages, or products available within the App, you must purchase Tokens via Stripe and top up your in-app wallet. The payment processing services are offered in partnership with Medical Avenue USA, Inc. If your balance is insufficient, the App will prompt you to top up again. Tokens are Medical Avenue’s proprietary service-purchase tokens and, do not represent a blockchain asset, virtual currency, or investment instrument. Tokens cannot be traded, gifted, or used outside the Application.

(2) Each product or service has a fixed token value. The monetary value of the Tokens is based on U.S. Dollars (USD), and Tokens purchase bundles will be available in 5 pre-set amounts as follows:

500 Tokens: USD 50
1,000 Tokens: USD 100
5,000 Tokens: USD 500
10,000 Tokens: USD 1,000
50,000 Tokens: USD 5,000

(3) When you use the payment method provided by Stripe, the terms of service and privacy policy of Stripe (as the relevant payment processor) shall apply. Stripe shall bear the primary responsibility for any issues arising directly from the use of its payment system (including payment errors or the processing of payment information). Medical Avenue USA and we will be liable for any damages caused by reasons solely attributable to Medical Avenue USA and us.

(4) In accordance with applicable laws and regulations, including the Act on the Consumer Protection in Electronic Commerce, etc., we and Medical Avenue USA shall implement necessary security measures to protect your payment information.

Section 5. Refund policy

(1) You may request a refund through the Application for any unused Tokens within seven (7) days from the date of purchase, and such refunds will be made in full without any deductions or fees. However, if you have already used Tokens to purchase a service and the reservation-agency service has commenced, refund requests will not be permitted.

(2) If you request a refund for unused Tokens after seven (7) days have passed from the date of purchase, the refund will be processed after deducting a refund fee of 15%.

(3) In any of the following cases attributable to the Company, you will be entitled to a full refund of the Tokens without any refund fee. Such refunds will be processed as promptly as possible, and in any event within five (5) business days from the date the customer submits the refund request:

If you are unable to use the service due to reasons attributable to the Company;
If a material error occurs that prevents you from using the Tokens; or
If the Company fails to perform its contractual obligations as set forth in these Terms of Use.

(4) If the services provided by the Company differ from those advertised, displayed, or set forth in the contract, you may withdraw your offer (i.e., cancel the service purchase) within three (3) months from the date the services were supplied, or within thirty (30) days from the date you become aware, or could reasonably have become aware, of such discrepancy.

(5) Refunds will not be permitted in the following circumstances where you are unable to use the Company’s services due to reasons attributable to you:

If you cancel a scheduled medical appointment without a legitimate reason;
If you fail to appear at the scheduled appointment time (no-show); or
If you intentionally or through gross negligence provide false information, resulting in the inability to use the service

(6) When you request a cash refund of the remaining balance of the charged Tokens, such refund may be requested through the App only for the amount remaining after deducting a refund fee of 15% from the purchase amount or the most recent top-up amount. However, if the refundable amount after deduction of the refund fee is less than 3 USD, no refund shall apply. The refund fee, stated in USD, shall be converted into KRW using the exchange rate effective on the date the refund is processed.

Section 6. Cancelling or changing a reservation

You may not cancel or change a reservation unless allowed by the relevant Medical Service Provider and/or hotel under their respective Terms of Service (which are provided to you before you make a reservation).

Medical Service Providers and hotels may charge you fees for cancelling (in full or part) or changing a reservation. Such fees will be set out in the respective Terms of Service of the Medical Service Provider and/or hotel. You agree to pay any charges that you incur. Please be aware that for changing a reservation, the price of your new arrangements will be based on the applicable price at the time you ask that the change be made. This price may not be the same as when you originally reserved the Medical Services and/or hotel.

If you want to cancel or change any part of a reservation and such cancellation or change is allowed by the relevant Medical Service Provider and/or hotel, then, additional charges may be imposed by the Medical Service Provider and/or hotel.

Section 7. Health; entry / visa requirements for international travel

Health

You are responsible for being up-to-date on the recommended inoculations/vaccinations which may pertain in the country where the Medical Service is to be received. You are responsible for ensuring that you:

meet all health entry requirements for that country;
receive the relevant/required inoculations/vaccinations required for that country;
take all recommended medication; and
follow all medical advice in relation to your travel.

Passport and visa

You are responsible for consulting the relevant Embassy or Consulate for passport and visa information. If you request, we will assist with facilitating the application for entry visas to Korea or Turkey. We are not liable if you are refused entry onto a flight or into Korea or Turkey due to your conduct, including your failure to carry the correct and adequate travel documents required by any airline, authority or country (including countries you are transiting through).

Section 8. Liability

Our liability

To the maximum extent permitted by law, Medical Avenue will not be liable:

in any way regarding the Medical Services that the Medical Service Providers make available to you
for the acts, errors, omissions, representations, warranties or negligence of any such Medical Service Providers, or
for any personal injuries, death, or other damages or expenses resulting from the above.

The Medical Service Providers provide us with information describing the Medical Services. This information may include details related to the provision of the Medical Service, such as written explanations, photos, rates and the relevant Terms of Service, etc. The Medical Service Providers are responsible for ensuring that such information is accurate, complete and up to date. Medical Avenue is not and will not be liable for any inaccuracies in such information, unless and only if Medical Avenue directly caused such inaccuracies. Medical Avenue makes no guarantees about the availability of specific Medical Services.

To the maximum extent permitted by law, except as expressly set out in these Terms:

all information or Medical Services displayed through our Service are provided without any warranty or condition of any kind. This includes, but is not limited to, any implied warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, title or non-infringement, and
Medical Avenue disclaims all such warranties and conditions.

We may display advertisements and promotional content from medical institutions including hospitals on the landing page or other locations within the App. Any banner advertisements or promotional materials displayed in the App constitute paid advertisements for which the relevant medical institution has provided compensation, and such content does not represent our recommendation, endorsement, or guarantee. All advertising and promotional content is provided by the respective medical institution, and we make no warranty as to the accuracy, legality, or reliability of such content. However, we will exercise reasonable care to ensure that clearly false or misleading advertisements are not displayed. Except in cases of our willful misconduct or gross negligence, we shall not be liable for any Losses incurred by you in connection with advertisements or promotional content displayed within the App.

Medical Avenue disclaims, to the maximum extent permitted by law, all warranties and conditions that our Service, its servers or any email sent from us are free of viruses or other harmful components.

To the maximum extent permitted by law and subject to the limitations in these Terms, Medical Avenue will not be liable for any direct, indirect, punitive, special, incidental or consequential losses or damages arising from:

the Medical Services,
the use of our Service,
any delay or inability to use our Service, or
your use of links from our Service,

whether based in negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Medical Avenue has been advised of the possibility of such damages.

If Medical Avenue is found liable for any loss or damage under these Terms, then, to the maximum extent permitted by law, we shall only be liable to you for direct damages that were:

reasonably foreseeable by both you and us,
actually suffered or incurred by you, and
directly attributable to our actions,

and in the event of any liability of Medical Avenue such liability will in no event exceed, in total, the greater of (a) the cost paid by you for the Medical Services in question or (b) one hundred dollars (US$100.00) or the equivalent in local currency.

This limitation of liability reflects the allocation of risk between you and us. The limitations specified in this Section will survive and apply even if any limited remedy specified in these Terms is found to have failed its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Medical Avenue.

Every instance of Force Majeure, will lead to the suspension of the obligations in these Terms that are affected by the Force Majeure event. In such a case the party affected by the Force Majeure event will not be liable as a result of the inability to meet such obligations.

Indemnity

You agree to defend and indemnify Medical Avenue and any of our officers, directors, employees and agents from and against any Losses, including but not limited to, reasonable legal and accounting fees, brought by third parties as a result of:

your breach of these Terms or the documents referenced in them,
your violation of any law or the rights of a third-party, or
your use of our Service,

to the extent that such Losses are not directly caused by Medical Avenue.

Section 9. Intellectual property policy and notices

Copyright and trademark notices

All contents of our Service are ©2023 Medical Avenue. All rights reserved. “Medical Avenue” is a trademark or registered trademark of Medical Avenue USA. We are not responsible for content on websites operated by parties other than us.

Our Service may contain links to websites operated by parties other than us. Such links are provided for your reference only. We do not control such websites and are not responsible for their content or your use of them. Our inclusion of such links does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual property infringement policy

We respect the intellectual property rights of others. If you have any concern regarding any images or content appearing on our app, we request that you contact us at info@medicalavenuekorea.com.

Section 10. Privacy and personal information

We are committed to the privacy, confidentiality, and security of personal information entrusted to us.

Please review our current Privacy Policy, which also governs your use of our Service and is incorporated by reference into these Terms, to understand our practices.

Section 11. General

Governing law and jurisdiction

These Terms are governed by and shall be construed in accordance with the laws of the Republic of Korea. All disputes and claims arising from these Terms shall be submitted to the Seoul Central District Court for adjudication.

Complaints

We take pride in providing a high standard of service and take all complaints seriously. Should you have any complaints, please notify us at the following email address of the details: info@medicalavenuekorea.com.

Insurance

You are advised to take out insurance that covers the consequences of certain cases of cancellation and certain travel risks. You are responsible for ensuring that any insurance policy taken out adequately covers your requirements.

Failure to invoke

Our failure or delay to enforce any provision of these Terms does not waive our right to enforce the same or any other provision(s) of these Terms in the future.

Unenforceable provisions

If any provision (or part provision) of these Terms is found by a court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision (or part provision) shall, if required, be deemed not to form part of these Terms with you. In such a case, the validity and enforceability of the other provisions shall not be affected.

Entire agreement

These Terms constitute the entire agreement between you and us with respect to our Service. They supersede all prior or contemporaneous communications (whether electronic, oral, or written) between you and us about our Service.

Assignment

We may, and you may not, assign, subcontract or delegate rights, duties or obligations under these Terms.

Third-party rights

Save as expressly stated in these Terms we do not intend any part of these Terms to be enforceable by any person who is not a party to these Terms. No third-party’s consent shall be required for the waiver, variation or termination of any part of these Terms. These Terms do not give rise to any rights under any applicable laws or regulations in relation to rights of third parties to enforce any part of these Terms.

Survival of obligations

Any provision of these Terms, which expressly, or by its nature, imposes obligations beyond the expiration, or termination of these Terms, shall survive such expiration or termination.