Effective May 1, 2014
WELCOME TO SKYER TRAVEL! PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THIS SITE. Your use of this site is expressly conditioned on your acceptance of the following terms and conditions. By using this site, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this site.
This agreement is between SKYER Inc., operating a cybermall, "Design your own fancy trip, Skyer” (www.skyer.co.kr) web page (the "COMPANY" hereinafter) to provide the goods and the travel services & activities (the "SERVICES” hereinafter) and "USER", utilizing the cybermall and services for rights, duties and responsibilities for the purpose of setting forth the terms and conditions.
① COMPANY means SKYER Inc., and its subsidiaries and affiliates, who provide SERVICES to USER by using computer, internet, cybermall, and so on.
② USER means an individual who wishes to use the company’s services by the Website and telecommunications. USER includes MEMBER and NON-MEMBER.
③ MEMBER means an individual who has registered with the Website. Members choose a Member ID and a password, and wishes to use continuously provided information of goods from the “Company”.
④ NON-MEMBER means the user does not register to the Website.
This site, and each of its modules, together with the arrangement and compilation of the content found on this site, is the copyrighted property of COMPANY. In addition, the trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are registered and common law Trademarks of COMPANY and various third parties. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of COMPANY, or such other party that may own the Trademarks.
4. USE OF SITE
COMPANY grants USER a limited, non-transferable license to use this site in accordance with the terms and conditions of this User Agreement. USER may only use this site to make legitimate reservations or purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. This site and the content provided in this site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of COMPANY, except that USER may download, display and print the materials presented on this site for USER’s personal, non-commercial use only. USER shall not use or authorize or permit any third party to use on USER’s behalf any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, in any case without the prior written permission of COMPANY. USER shall not utilize any software, application, or algorithm, whether integrated in a browser or otherwise, that modifies or adds content to the layout, design, or content of any COMPANY webpage. USER agree that USER will not transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. USER agrees that USER will not use any device, software or routine to interfere or attempt to interfere with the proper working of this site. USER agrees that USER will not take any action that imposes a burden or load on our infrastructure that COMPANY deems in its sole discretion to be unreasonable or disproportionate to the benefits COMPANY obtains from USER’s use of the site. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. USER must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and USER must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited. USER is prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, USER is prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. USER shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site. Notwithstanding the foregoing, if USER has been notified by COMPANY that USER is prohibited from using the site, then USER has no license to use the site and any access by USER or on USER’s behalf shall be unauthorized and unlawful. COMPANY may provide notice under this or any other section of this agreement via an email sent to the email address contained in USER profile or otherwise used to make a booking on this site. COMPANY reserves the right to cancel any and all bookings or other transactions USER has made on the site after USER has been prohibited from using the site, with no liability whatsoever to USER. If MEMBER has a COMPANY account, MEMBER agrees to safeguard MEMBER’s account information and will supervise and be completely responsible for any use of MEMBER’s account by anyone other than MEMBER.
5. AGE AND RESPONSIBILITY
If USER use this site, USER is responsible for maintaining the confidentiality of USER’S account information and password. USER agrees to accept responsibility for all activities that occur under USER’s account or password. USER represents that USER is of sufficient legal age to use this site and to create binding legal obligations for any liability USER may incur as a result of the use of this site. USER understands that USER is financially responsible for all uses of this site by USER and those using USER’s login information.
7. EXCLUSION OF WARRANTY
COMPANY MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. COMPANY DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. COMPANY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8. LIMITATION OF LIABILITY
COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. COMPANY IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM, UNLESS THESE CAME FROM COMPANY’S OWN FAULT OR ERROR OR OF PURPUSE. REFUNDS BY CANCELLATION OF SERVICES BY USER AND/OR COMPANY SHALL BE IN THE ACCORDANCE WITH THE ENFOREMENT DECREE OF THE FAIR TRANSACTION ACT OF KOREA FAIR TRADE COMMISSION.
USER shall defend and indemnify COMPANY and its officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on USER’s behalf in excess of the liability described herein or by third parties as a result of USER’s use of this site (including without limitation any violation by USER of this User Agreement).
10. CLAIMS OF COPYRIGHT INFRINGEMENT.
This site is under the copyright law of Republic of Korea. If USER believes in good faith that materials hosted by COMPANY infringe USER’s copyright, USER (or USER’s agent) may send COMPANY a notice requesting that the material be removed, or access to it blocked. If USER believes in good faith that COMPANY has wrongly filed a notice of copyright infringement against USER, USER shall send a counter-notice to COMPANY. Notices and counter-notices with respect to the Site should be sent to COMPANY, 3F-E114 Techno-Skycitymall, Gimpo Int’l Airport, 38 Hanul-gil, Ganseo-gu, Seou, Korea, 157-220. COMPANY suggests that USER consults USER’s legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the copyright law of Republic of Korea.
This site contains links to other Web sites which are provided solely as a convenience to USER and not as an endorsement by COMPANY, its third party providers or distributors or organizations of the contents of such other Web sites. None of COMPANY or any third party provider or distributor or organizations shall be responsible for the content of any other Web sites and make no representation or warranty regarding any other Web sites or the contents or materials on such Web sites. If USER decides to access other Web sites, USER do so at USER’s own risk.
As indicated on their respective pages, SERVICES are sold by COMPANY are additionally subject to Travel Agreement. USER will also find CUSTOMER CENTER links.
13. ALL INFORMATION
All information at COMPANY is subject to change without notice. COMPANY cannot, and does not, guarantee the accuracy of the information furnished and will not be responsible for omissions or errors. Please confirm directly with COMPANY any information which is of importance to USER. COMPANY retains the right to accept, edit, or reject any listings.
The relationship between COMPANY and USER will be that of independent contractors, and neither of us nor any of COMPANY’s respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
15. GOVERNING LAW
This Agreement and its performance shall be governed by the laws of Republic of Korea (South), without regard to its conflict of laws provisions. USER consents and submits to the exclusive jurisdiction of the courts located in Seoul, Republic of Korea, all questions and controversies arising out of USER’s use of this site and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to USER’s access or use of this site must be brought within one (1) years from the date on which such claim or action arose or accrued.
16. ATTORNEY'S FEES
If COMPANY or its affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from USER, and USER agrees to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
17. INJUNCTIVE RELIEF
USER acknowledges that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to COMPANY as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, USER agrees that COMPANY shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by USER, or USER’s affiliates, partners, or agents, as well as recover from USER any and all costs and expenses sustained or incurred by COMPANY in obtaining such an injunction, including, without limitation, reasonable attorney's fees. USER agrees that no bond or other security shall be required in connection with such injunction.
COMPANY may terminate this User Agreement and these terms and conditions and/or the provision of any of the SERVICES at any time for any reason, including any improper use of this site or USER’s failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which COMPANY and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to USER will terminate and revert to COMPANY and its third party providers or distributors, as applicable.
USER may not assign, convey, subcontract or delegate USER’s rights, duties or obligations hereunder.
COMPANY may at any time modify these terms and conditions and USER’s continued use of this site will be conditioned upon the terms and conditions in force at the time of USER’s use.
21. ADDITIONAL TERMS
Additional terms and conditions may apply to reservations, purchases of the SERVICES and other uses of portions of this site, and USER agrees to abide by such other terms and conditions. USER acknowledges that some third-party providers offering certain services and/or activities may require USER to sign their liability waiver prior to participating in the SERVICES they offer. USER understands that if USER violates any such supplier's rules and restrictions, it may result in cancellation of USER’s reservation(s), in USER’s being denied access to the applicable SERVICES, and in USER’s forfeiting any monies paid for such reservation(s). COMPANY may debit your account or charge USER for any costs COMPANY incur as a result of such violation.
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
24. ENTIRE AGREEMENT
This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between COMPANY and USER relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
Data Use Policy
Information We Collect
Information We Collect
We collect Personal Data about you that you provide to us while using the Site. Personal Data may include your name, address, phone number, credit card number or e-mail address. We also collect non-personally identifiable information, which may be linked to your Personal Data, including your log-in name, IP address and password, and search preferences related to specific searches.
Protecting Your Personal Data
To prevent unauthorized access, we maintain reasonable physical, electronic and organizational procedures to protect Personal Data against accidental or unlawful destruction or accidental loss, alteration, or unauthorized disclosure or access. To protect credit card transactions, SKYER Inc. currently uses Secure Socket Layer technology to encrypt credit card information during transit.
How We Use the Information We Collect
We use Personal Data and other information collected through the Site to register you with the Site and our SKYER Rewards program, to provide you with the requested products and services, to build features that will make the services available on the Site easier to use, and to contact you about these services. This includes faster purchase requests, better customer support and timely notice of new services and special offers. From time to time, SKYER may contact you to request feedback on your experience using the Site, to assist us in improving the Site, or to offer special savings or promotions to you as a Site user, where you have indicated your consent to receiving such communications. If you would prefer not to receive notices of special savings or promotions, you may simply opt-out from receiving those by replying to SKYER using the hyperlink provided in these notices.
Sharing Your Personal Data
SKYER may share your Personal Data with third parties we employ to perform services on our behalf, to market our products and services, to handle credit card transactions and to otherwise provide you with customer service. All such third parties will be under an obligation to maintain the security and confidentiality of the Personal Data, and to process the Personal Data only in accordance with our instructions.
In some cases, SKYER may require that you transact directly with a third party to obtain services, or when you use the Site to reserve a hotel room or obtain another product or service, we may provide your Personal Data to that hotel or other involved third party.
SKYER may disclose Personal Data to protect ourselves against liability, to respond to subpoenas, judicial processes, legitimate requests by law enforcement officials, or as otherwise required in order to comply with applicable law, or to the purchasers in connection with any sale, assignment, or other transfer of all or a part of our business or company. We may also disclose Personal Data to enforce or apply the terms and conditions applicable to our products and services, or to protect the rights, property or safety of SKYER, our users, or others.
In the situations described above, the recipient of the Personal Data may be located in a jurisdiction that may not provide an equivalent level of data protection to the laws in your home jurisdiction.
Our Policy Concerning Cookies
To serve you faster and with better quality, we use "cookie" technology on our Site. Cookies are small bits of code, usually stored on a user's computer hard drive, which enable a web site to "personalize" itself for each user by remembering information about the user's visit to the web site. Cookies can store a variety of information, including IP addresses, navigational data, server information, data transfer times, user preferences, and e-mail addresses and passwords needed to access the Site. The "Help" section of the toolbar on most Internet browsers will tell you how to prevent your browser from accepting new cookies or how to configure your browser to reject cookies altogether. If you disable cookies, you might not be able to access important functions or features of this Site and your use of the Site may be limited. The cookies used on this Site are associated with a user's Personal Data.
How You Can Access or Change Your Personally-Identifying Information
If you wish to update any Personal Data you have previously provided, or to exercise any right of access, rectification, deletion, or opposition to the processing of your Personal Data that you may have under applicable law, please email us firstname.lastname@example.org. To protect your privacy and security, we will verify your identity before granting access or making changes to your Personal Data. Any request to access your Personal Data will be answered in less than 30 days.