Effective Date: 30 August 2024
Version: 6.0
BY BROWSING, ACCESSING OR USING ANY OF THE KKDAY SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DISAGREE WITH ANY OF THESE TERMS OF USE, PLEASE UNDERSTAND YOU CANNOT USE ANY OF THE KKDAY SERVICES. We reserve the right to amend these terms of use at any time. If you disagree with any of these Terms of Use, you must immediately discontinue your access to the Mobile Application and your use of the services offered on the Mobile Application. Continued use of the Mobile Application will constitute acceptance of these Terms of Use, as may be amended from time to time.
1.1 These Terms of Use govern your use of the “KKday - EXPLORE. DREAM. DISCOVER” (www.kkday.com), our mobile applications and any other online or offline services provided by us, as well as to govern your consumer activities in tourist experience through KKday (collectively referred to as the “KKday Service”).
1.2 In order to provide you with tourist experience worldwide and effective real-time services, KKday has established individual operating entities around the world which will provide related services. When these Terms of Use refer to “we” or “KKday”, it may refer to KKday Holdings Co., Ltd. and its affiliates which will provide related services. However, in respect of dispute management, refunds, cancellations, returns and customer support as they relate to your use of the KKday Services, the entity identified below will be the contracting party to these Terms of Use and your first point of contact to mediate or resolve any dispute arising from your use of the KKday Services:
1.2.1 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;
1.2.2 for orders/transactions generated in Japan: KKday Japan Co., Ltd.;
1.2.3 for orders/transactions generated in Singapore: KKday Singapore Pte. Ltd.;
1.2.4 for orders/transactions generated in Korea: KKday Co., Ltd. (케이케이데이 주식회사);
1.2.5 for orders/transactions generated in Hong Kong: Well C Travel Ltd.;
1.2.6 for orders/transactions generated in Australia and New Zealand: KKday Australia Pty Ltd.
1.2.7 for orders/transactions generated in other countries or regions: KKday Singapore Pte. Ltd.
1.3 These Terms of Use will constitute a valid contract between you and KKday. While using any of the KKday Services, you consent to be bound by any and all additional terms and conditions, as may be updated from time to time, applicable to such services, including but not limited to KKday’s “Privacy Policy”, as well as the terms of use for various promotions, rewards, or discount events. All such terms shall have the same effects as the Terms of Use.
1.4 In the event that relevant laws require or KKday deems necessary, KKday may amend or update these Terms of Use at any time without prior notice to you. If there is any change in these Terms of Use, we will post the latest version of these Terms of Use on our website (www.kkday.com) and other platforms established by KKday (including but not limited to mobile applications) (collectively with our website, the “KKday Platform”), and we will indicate the date on which these Terms of Use were last updated. Your continued use of the KKday Services after an update to these Terms of Use constitutes your acceptance of the updated version. Please check the latest version of these Terms of Use when you use the KKday Services at any time.
1.5 If you have, pertaining to the same trip, purchased one of the following types of products, and you proceed to purchase another of the following types of products in a separate transaction, please notify us at Google Form. The types of products are as follows:
(a) a service concerning carriage, by any means of transport, on a journey that is to commence in Hong Kong and then take place mainly outside Hong Kong;
(b) a service concerning accommodation at a place outside Hong Kong;
(c) arrangements for an activity—
(i)that is not ancillary to a service mentioned in paragraph (a) or (b);
(ii)that is to take place outside Hong Kong; and
(iii)that, if included in the package, constitutes a substantial part of it.
1.6 KKday Vietnam E-Commerce Platform for Outbound Tourism Product. If you are residing/incorporated in Vietnam and you place any order for any outbound tourism product, please note that KKday Vietnam is only involved to the extent that it provides the e-commerce platform function to KKday Singapore Pte. Ltd. (“KKday Singapore”), allowing KKday Singapore to sell its outbound tourism product to you. For such outbound tourism product sales, in the event that KKday Vietnam collects payment, such collection is done on behalf of KKday Singapore Pte. Ltd. For the avoidance of doubt, for all such outbound tourism product sales, your contract is formed with KKday Singapore. Therefore, if you require any invoice to be issued for your purchase of an outbound tourism product, such invoice will be issued by KKday Singapore only.
2.1 The KKday Services provide 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. 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.
2.2 You 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 expenses and abide by all such terms and conditions imposed by the Suppliers.
2.3 We will make an 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.
3.1 The term "Platform Content" used in these Terms of Use refers to all the materials presented or used on the KKday Platform by us, including but not limited to text, photographs, graphics, images, illustrations, video, audio, data, code, and other materials. You acknowledge and agree that all of the Platform Content is the proprietary property of KKday or the licensors who license KKday to use such materials, which are protected by the relevant intellectual property laws. KKday may change, modify, or remove any Platform Content without prior notice to you.
3.2 Subject to your compliance with these Terms of Use, we hereby agree to grant you a limited, non-exclusive, non-transferable license to use or access the KKday Platform, and we may revoke this license at any time without prior notice to you. You agree to comply with relevant intellectual property laws and other applicable laws and regulations, and solely use and access the Platform Content for personal, non-commercial, entertaining purposes. You promise that, in no event will you use, reproduce, translate, transmit, broadcast, sell, assign, create derivative works based on or in any other way exploit the Platform Content in a way that harms KKday or the licensors who license KKday to use such materials. You also undertake not to massively copy, save or download any Platform Content in any form. In addition, you agree that you will bear all risks arising out of your use or access to any Platform Content. To the fullest extent permitted by law, we are not liable in any way for any Platform Content, including but not limited to any errors or omissions in the Platform Content. You shall be solely liable for any losses or damages suffered by any person as a result of your use or access to the Platform Content.
3.3 You 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.
4.1 In 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. To enable you to make an inquiry, review, supplement, or correct your name, phone number, E-mail, and other personal information and traveler information in the account settings and order management pages, we do not mask the personal information on those pages. Please securely manage the devices, equipment, and related login information you use to prevent others from viewing, illegally using, obtaining login information, altering basic identity information, or damaging records. 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.
4.2 Your 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.
4.3 You 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.
5.1 The Terms of Use for KKday Customer Reviews and Comments ("Terms of Use") regulate the user behavior related to customer evaluation and review services ("CRR Services") provided by KKday. In the event of a conflict between KKday's privacy policy and the Terms of Use, the Terms of Use shall prevail.
5.1.1 By submitting any information or contents ("Contents") to KKday, you represent and warrant that:
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.
Your use of the Contents complies with the Terms of Use and shall not cause any harm or damages to any individual or entity.
5.1.2 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.
5.2 You agree to indemnify and to hold harmless KKday (and its officials, directors, agents, subsidiaries, joint ventures, employees, and third-party service providers) from and against any and all claims, damages, losses, liabilities, and expenses, including reasonable attorneys' fees, arising out of, involving, or in connection with any breach of the Terms of Use or any laws by you.
5.3 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.
5.4 The Contents may be used by KKday at KKday’s sole discretion. KKday reserves the right to change, reduce or remove the Contents if KKday determines in its sole discretion that any of the Contents on KKday's website violates the content guidelines or any other provision of these Terms of Use. In addition, you might not be able to edit or remove the Contents through KKday. The Contents are usually posted within two to four business days after you submit. However, KKday reserves the right to remove or refuse to post the Contents for any reason. You are duly and solely responsible for the Contents. KKday, its agents, subsidiaries, affiliates, partnerships, or third-party service providers, and their respective directors, officers, and employees have no obligation to keep the Contents confidential.
5.5 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.
6.1 You shall use the KKday Services and the KKday Platform fully and only in accordance with these Terms of Use; you shall be solely responsible for all your behaviors while using the KKday Services and the KKday Platform.
6.2 You shall promise the following:
6.2.1 The specific service selected and purchased by you is for your personal use and shall not be used for any commercial purposes.
6.2.2 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.
6.2.3 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 (including placing abnormal or excessive pre-orders, or cancelling a certain service order after placing it).
6.2.4 You agree not to undertake, cause, permit, or authorize the translation, reverse engineering, disassembling, or hacking of any aspect of the KKday Services, including any service content available on or through the KKday Services, or attempt to do any of the foregoing or otherwise attempt to use or access any portion of our service other than as intended by KKday, except and solely to the extent permitted by these Terms of Use or other regulations.
6.2.5 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.
6.2.6 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.
6.2.7 You agree not to harass, abuse, harm, or advocate or incite harassment of another person or group, including KKday's employees and other users.
6.2.8 You agree not to provide any false personal information, create a false identity, or impersonate another person or entity in any way. Also, you agree not to use any unauthorized ATM card, credit card, or other e-Payment tools to place any order.
6.2.9 You agree not to solicit or attempt to solicit personal information from other users.
6.2.10 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.
6.2.11 You agree not to use the KKday Services to communicate or facilitate any commercial advertisement or solicitation, except as expressly permitted in these Terms of Use.
6.2.12 You agree not to engage in any fraud, breach of the information security of the KKday Platform, damage to the interests of KKday, abuse of KKday’s promotion or discount, crack the passwords of other users, transfer or illegally save the data or engage in any other illegal activities.
6.3 If you violated any matter set out above, we may, based on our discretion, remove your KKday Member Account and cancel the order that violates any matter set out above at any time, without giving you any prior notice, and we may request your compensation. Furthermore, KKday may also impose a cancellation administration fee or service fee on products which are originally eligible for free cancellation or within the free cancellation period, which will be charged proportionally based on the order or transaction amount.
7.1 You 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.
7.2 KKday 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.
7.3 You agree that KKday may, at our sole discretion, refuse or cancel any booking or order that may violate these Terms of Use.
7.4 You agree that you will pay your bookings/orders in accordance with the payment methods we accept; you acknowledge and agree that we are not obligated to process or execute your bookings/orders until you complete the payment in accordance with the payment process instructed by us. Unless otherwise provided in these Terms of Use, the payment for orders/bookings made by you is non-refundable.
7.5 In 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)
7.7 If 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 KKday, the credit card company or the payment processor.
7.8 Use of E-Voucher
7.8.1 If 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 an 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.
7.8.2 You 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.
7.8.3 You 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.
8.1 You 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.
8.2 You 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.
8.3 To the fullest extent permitted by law, you agree that KKday and our directors, senior managers, officers, employees and agents of such personnel are not responsible for any of your direct, indirect, special, incidental, punitive, exemplary or derivative damages arising out of their non-compliance of these Terms of Use and their use of the KKday Platform or other acts of negligence.
8.4 To 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.
9.1 You shall indemnify and hold harmless KKday and our directors, senior managers, officers, employees and agents of such personnel from all losses or damages arising out of any third party’s claim for non-compliance of these Terms of Use or the infringement of any intellectual property or any right of others due to your access to the KKday Platform or your use of the KKday Services, or those who use your KKday Member Account. If any of KKday and our directors, senior managers, officers, employees and agents of such personnel suffers any losses or damages, you shall indemnify them, including but not limited to litigation fees, attorney fees, settlement fees and other losses.
9.2 With 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.
10.1 The 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.
10.2 If 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.
10.3 If you connect to the KKday Platform through a third-party website that has no cooperative relationship with KKday and any transaction occurs, you shall conduct an investigation that you deem necessary or appropriate. You acknowledge and agree that we are not responsible for any costs, losses, or damages arising out of the transaction. We are not responsible for and do not endorse any features, content, products, or other materials on such third party websites or applications.
11.1 These Terms of Use will apply to you and KKday until KKday terminates these Terms of Use. In the event that you violate any provision of these Terms of Use or KKday deems necessary at our sole discretion, we may terminate or suspend your use of the KKday Services, and your access to the KKday Platform or your KKday Member Account, without any prior notice to you.
11.2 If these Terms of Use shall terminate in accordance with Section 11.1, you agree that, to the fullest extent permitted by law, we bear no obligation and liability to you, and may cancel any confirmed order prior to the termination without any refund payment to you.
11.3 You acknowledge and agree that any provision of these Terms of Use shall, by its nature, survive termination, including but not limited to the Limitation of Liability.
12.1 Regardless 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.
12.2 For your own rights and benefits, we recommend that you purchase a comprehensive travel insurance policy, that also covers insolvency of a travel agent, prior to your departure. For a non-exhaustive list of insurers that insure against insolvency of a travel agent in Singapore, you may refer to this document (https://www.stb.gov.sg/content/dam/stb/documents/industries/travel-agent/TInsurers-2.pdf ). As a licensing condition of the Singapore Tourism Board, in the event that you purchase any travel product requiring upfront payment of SGD 500 or above that departs from Singapore, we are required to inform you to consider purchasing travel insurance: (a) against any failure or disruption in our provision of the travel product arising out of any insolvency on our part, and (b) in favour of all travellers for whom the payment is to be made. Where you choose not to purchase such insurance, and by proceeding to purchase such travel product from us, you acknowledge the risk if you do not purchase travel insurance against insolvency.
12.3 In compliance with the Hong Kong Travel Industry Council’s requirements, we will pay the levy in respect of applicable outbound fare received to the Travel Industry Compensation Fund. For details, please contact the Travel Industry Compensation Fund Management Board.
These Terms of Use and your relationship with KKday are governed by the laws of business office of the KKday contracting party identified in Section 1.2. You agree that any controversy and dispute arising out of your use of the KKday Services shall be submitted to the trial court of the business office of the KKday contracting party identified in Section 1.2 for the first instance.
14.1 If any provision of these Terms of Use is held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall remain in full force and effect.
14.2 We may assign these Terms of Use or any right and obligation hereunder, and may delegate any obligation hereunder, to any third party. Without our prior written consent, you may not directly or indirectly assign these Terms of Use or any right and obligation hereunder to any third party.
14.3 These Terms of Use are written in English. Any translation of these Terms of Use is solely for reference. If there is any discrepancy between any two language versions, the English version shall always prevail.
If you have any questions about our services or these Terms of Use, please contact the KKday Customer Service Center (Email: service@kkday.com) directly and we will answer your request as soon as possible.
