Effective Date: 13 August 2020
1. Your Relationship with KKday
- for orders/transactions generated in Taiwan:
- Tourism products: 酷遊天國際旅行社股份有限公司;
- Non-tourism products : 酷遊天股份有限公司;
- for orders/transactions generated in Japan: KKkday Japan Co., Ltd.;
- for orders/transactions generated in Singapore: KKday Singapore Pte. Ltd.;
- for orders/transactions generated in Korea: KKday Co., Ltd. (케이케이데이 주식회사);
- for orders/transactions generated in Hong Kong: Well C Travel Ltd.;
- for orders/transactions generated in other countries or regions: KKday Singapore Pte. Ltd.
- for orders/transactions generated in Taiwan:
2. The KKday Service
- 2.1The KKday Services provides you with an easy and simple way to select and purchase tour itineraries, transportation services, tickets and other travel experience related services supplied by KKday or our third party suppliers (“Suppliers”) through the KKday Platform. You acknowledge and agree that the specific service selected and purchased by you is for your personal and non-commercial use only. To the fullest extent permitted by law, you also agree that we may change, suspend, discontinue or terminate any services at any time and may impose regulations or restrictions on, or amend the terms of certain services, or limit your access to any part or all of the services, without prior notice to you.
- 2.2You may incur fees and expenses which shall be paid to the Suppliers by you through your use of the KKday Services. In addition, you may be subject to the terms and conditions imposed by the Suppliers. You acknowledge and agree that you are solely responsible for all such fees and expenses, and you agree to pay all such fees and expense and abide by all such terms and conditions imposed by the Suppliers.
- 2.3We will make effort to maintain the operation of the KKday Services and the KKday Platform, but we do not warrant that the KKday Services and the KKday Platform will always function properly or stay uninterrupted by external factors. You agree that we reserve the right to reject your visit to the KKday Platform or your use of the KKday Services, and you also agree that we reserve the right to change, suspend, discontinue or terminate the KKday Services or the KKday Platform.
3. The Platform Content
- 3.3You acknowledge and agree that, in the course of your use or access to the Platform Content, we may not be able to know which other third-party users you interact with, or predict or control their behavior. Therefore, we cannot guarantee the authenticity and accuracy of any contents, materials or information provided by other third-party users through the KKday Platform.
4. Member Registration and Login with Social Media
- 4.1In order for you to use the KKday Services, you must sign up for a member account on the KKday Platform, or via a social media account (e.g., Facebook, Line or Google+), to log in and become our member (“KKday Member Account”). When registering a KKday Member Account, we may ask you to provide your e-mail and set a password, and after the registration, we may ask you to fill out membership information. You must confirm that all the information you submit to KKday’s Platform is true, accurate and complete, and you will update it from time to time to maintain the latest information. If you provide false information, we reserve the right to remove your KKday Member Account without prior notice to you. You may not use the KKday Services with any other person’s KKday Member Account or social media account.
- 4.2Your KKday Member Account is personal to you, and you shall not share your account information with, or allow access to your account by, any third party. You will be responsible for all activities generated under your KKday Member Account, and if you find any security concern with your KKday Member Account, please notify us immediately. You are responsible for maintaining the confidentiality of your password and if you have any reason to believe that your KKday Member Account has been compromised or your KKday Member Account has been accessed by a third party, please notify us immediately. You will be solely responsible for the losses or damages suffered by KKday and any other persons due to any illegal use of your account.
- 4.3You agree that we reserve the right to reject your registration as a KKday member. You also agree that we may, at our sole discretion, remove your KKday Member Account at any time without prior notice to you.
By submitting any information or contents (“Contents”) to KKday, you represent and
- You are the sole producer and owner of the intellectual property rights to the Contents;
- You have voluntarily waived all "moral rights" you may have in the Contents;
- The Contents shall be legal and accurate;
- YOU CERTIFY THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE OR, IF YOU ARE BETWEEN THE AGES OF 13 AND THE LEGAL AGE OF MAJORITY, THAT YOU ARE USING THE CRR SERVICES WITH THE SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS OF SERVICE.
You further agree and warrant that you should not submit any Contents which:
- Is false, inaccurate or misleading;
- Infringes any copyright, patent, trademark, trade secret or other proprietary right, right of publication or confidentiality of any third party;
- Violates any laws, decrees, instructions or regulations (including but not limited to jurisdiction over export controls, consumer protection, unfair competition, crackdown on discrimination or false advertising, etc.);
- Might cause and defamation, slander, hatred, racial or religious discrimination, offensive speech, unlawful threat or unlawful harassment against any individual, partnership or company;
- Relates to any third-party compensation or any other compensation;
- Contains any information referring to other websites, addresses, email addresses, contact information or phone numbers;
- Contains any computer virus or other potentially harmful computer program or file.
- You grant KKday a permanent, irrevocable, royalty-free, transferable right and license to use the Contents worldwide which shall include but not limit to copy, modify, completely delete, adapt, publish, translate, create derivative works from, sell, distribute and / or incorporate the Contents into any form, media, or technology.
- By submitting your email address with your Contents, you agree that KKday and its third-party service providers are entitled to use your email address to communicate with you regarding the status of your Contents or for any other administrative purposes.
6. Your Undertakings
6.2You shall promise the following:
- You agree not to copy, reproduce, distribute, publish, display, perform, transmit or broadcast any part of the KKday Services without our prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without our prior express written consent: (i) altering, defacing, mutilating or otherwise bypassing any approved software through which the KKday Services are made available; and (ii) using any trademarks, service marks, design marks, photographs or other content belonging to KKday or obtained from the KKday Services.
- You agree not to bypass, damage or otherwise interfere with any security or other features of the KKday Services designed to control the manner in which the KKday Services are used, harvest or mine the service content from the KKday Services, or otherwise access or use the KKday Services in a manner inconsistent with individual usage.
- You agree not to use, display, mirror, frame or utilize framing techniques to disclose the KKday Services, including any service content available on or through the KKday Services, or any portion thereof, through any other application or website, unless and solely to the extent we make available the means for embedding any part of the KKday Services or service content.
- You agree not to access, tamper with, or use non-public areas of the KKday Services, KKday’s (and our hosting company’s) computer systems and infrastructure, or the technical delivery systems of KKday’s providers.
- You agree not to harass, abuse, harm or advocate or incite harassment of another person or group, including KKday’s employees and other users.
- You agree not to provide any false personal information, create a false identify, or impersonate another person or entity in any way.
- You agree not to solicit, or attempt to solicit, personal information from other users.
- You agree not to restrict, discourage or inhibit any person from using the KKday Services, disclose personal information about a third person on the KKday Services or obtained from the KKday Services without the consent of such person, or collect information about our users.
- You agree not to engage in any fraud, breach of the information security of the KKday Platform, crack the passwords of other users, transfer or illegally save the data or engage in any other illegal activities.
7. Order Confirmation and Refund Policy
- 7.1You can select and purchase tour itineraries, transportation services, tickets and other travel experience related services provided by KKday or the Supplier in a specified currency through the KKday Platform. Except for certain orders which will be confirmed immediately after you place your order, other orders must be confirmed by KKday or the Supplier afterwards. You agree to receive notification of successful bookings/orders via SMS, email or mobile applications, and you acknowledge and agree that the time it takes to reply the result of your bookings/orders as indicated on the KKday Platform is for reference only. You also agree that the time it takes to confirm the success of your bookings/orders may be adjusted based on the actual situation.
- 7.2KKday reserves the right to change or adjust the prices and fees of tour itineraries, transportation services, tickets and other travel experience related services provided by KKday or the Supplier at any time. These changes may be announced via SMS, email, the website and mobile applications. If you use the KKday Services after the notice of such changes, it means you agree and accept the changed prices and fees.
- 7.5In the case that the service you selected and purchased is provided by a Supplier instead of KKday, such Supplier will accept or reject your booking/order on its own, and be responsible for providing all related services. If you have any questions about the content of the service provided by the Supplier, you may first ask the Supplier to obtain the most direct information; alternatively you can also contact KKday, and we will try to contact the Supplier to find a solution.
- 7.6You acknowledge and agree that the specific service provided by any Supplier may result in additional taxes or fees and expenses depending on the actual situation, and you may also be obligated to pay the relevant amount directly to the Supplier or the tax authority. Although we have requested the Supplier to provide the latest and accurate conditions of use, restrictions, prices and other information with respect to the services they provided, KKday cannot warrant that all content displayed on the KKday Platform will be accurate at all times. If your order/booking is cancelled by the Supplier, KKday will notify you as soon as possible in a reasonable manner. (this last sentence doesn’t relate to the rest of 7.6)
- 7.7If you contact us or the Supplier to cancel your order/booking within the cancellation period indicated on the KKday Platform at the time of your order/booking, after you have successfully cancelled and received our notice, or if the service you selected and purchased is cancelled according to the conditions and restrictions set by KKday or the Supplier, the payment you made will be refunded to you in the same way as you paid. You fully acknowledge and agree that the amount refunded may differ from the amount you originally pay due to the foreign exchange rate, or the administration fees or service fees collected by the credit card company or the payment processor.
7.8Use of E-Voucher
- 7.8.1If you select and purchase tour itineraries, transportation services, tickets and other travel experience related services through the KKday Platform, after the order/booking is successful, except for providing physical vouchers or under other circumstances, you will receive a SMS, email or mobile application notification confirming your order/booking, which will include the number of your order/booking and an electronic voucher (“E-Voucher”) in accordance with the service you have purchased. In order to use your E-Voucher, you must print out your E-Voucher or present the E-Voucher on your mobile application.
- 7.8.2You acknowledge and agree that you must comply with the additional conditions and restrictions of E-Vouchers set by KKday and the Supplier, including but not limited to: you must show up in person and on time at the meeting point designated by KKday or the Supplier within the period of use specified on the E-Voucher, and present documents or materials requested by KKday or the Supplier (e.g., an identification document with your photo, the number of your order/booking, your E-Voucher). If you are unable to meet the conditions and restrictions set by KKday or the Supplier, you may not be able to redeem the content of the service recognized by the E-Voucher and no refund will be granted.
- 7.8.3You acknowledge and agree that if your E-Voucher or the number of your order/booking is lost or stolen, KKday or the Supplier has no obligation to reissue the E-Voucher or provide you with the content of the service recognized by the E-Voucher. In addition, if you attempt to redeem an E-Voucher illegally, for example, if you do not meet the legal age for the use of an E-Voucher recognizing a certain content of service, KKday or the Supplier may refuse to accept your redemption of the E-Voucher and no refund will be granted.
8. Limitation of Liability
- 8.1You understand that the Platform Content may be provided by the Supplier and agree that we do not provide any representation or warranty regarding the accuracy of the Platform Content. You agree that you will not ask KKday to be responsible for any Platform Content provided by the Supplier in the future.
- 8.2You agree that any contact or content transmitted with the KKday Platform is not confidential, and that your communications may be read or intercepted by others. You acknowledge and confirm that there is no confidential, trust or other cooperative legal relationship created between you and KKday.
- 8.4To the fullest extent permitted by law, you agree that if you are not satisfied with the KKday Services, your sole remedy is to stop using the KKday Services. In any event, if we have any liability to you, the maximum amount of compensation is the total amount you paid to us within the 12 months prior to your initial claim.
- 9.2With respect to a claim filed by a third party mentioned above, KKday may ask you to defend against any claim or take legal action, and to conduct any settlement negotiations. However, without our prior written consent, you may not take any legal action which may be adverse to our rights.
10. Third-Party Websites and Transactions
- 10.1The KKday Platform may include links to third-party websites or applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, products, or other materials on other websites or applications. You shall evaluate on your own and assume all risks.
- 10.2If you connect to a third-party website or application through the KKday Platform and have any transaction with such third party, you shall conduct an investigation that you deem necessary or appropriate. Such transaction is between you and such third party, and has nothing to do with KKday. You acknowledge and agree that we are not responsible for any costs, losses or damages arising out of your transaction with such third party.
12. Visa and Insurance
- 12.1Regardless of your nationality and destination, you shall check the now effective entry regulations of your destination on your own. Since the visa and health requirements in different countries may be subject to changes without any notice, we recommend that you double-check the relevant current regulations prior to your departure.
- 12.2For your own rights and benefits, we recommend that you purchase a comprehensive travel insurance policy prior to your departure.
- 12.3In compliance with the Hong Kong Travel Industry Council’s requirements, we will pay the levy in respect of applicable outbound fare received to Travel Industry Compensation Fund. For details, please contact the Travel Industry Compensation Fund Management Board.
13. Dispute Resolution
15. Contact Us