ONDA Wave Service Terms and Conditions
Article 1 (Purpose)
- The purpose of these terms and conditions (hereinafter referred to as 'Terms and Conditions') is to clarify basic matters including the rights, obligations, and responsibilities between the partner and the company, conditions for the usage, and procedures for using ONDA Wave service (hereinafter referred to as "Service") by TPORT Corporation (hereinafter referred to as "Company") and its customers (hereinafter referred to as "Partner").
Article 2 (Definitions of Terms)
The terms used in this Agreement are defined as follows:
- Service contents
- Manage reservations such as registration of reservation or changes
- Matters related to customer management
- Room management, such as changing room status
The definition of terms used in this Agreement shall be defined by the related statutes and by service, except as provided under paragraph 1 of this Article.
Article 3 (Specification, Explanation and Revision of the Terms and Conditions of Use)
- The company shall post the contents of these terms and conditions, mutual and representative names, location address of the sales office, phone number, e-mail address, and business registration number on the initial service screen of the website so that users are able to easily find them out. However, the details of the terms and conditions can be viewed by the partner through the connection screen.
- The company may revise these terms to the extent without violating the relevant laws, such as the [Act on Regulation of Terms and Conditions], [Framework Act on Electronic Signatures], [Act on Information and Communications Network Utilization and Information Protection], [Framework Act on Consumer Protection in Electronic Commerce], and etc.
- If the company revises the terms and conditions, they shall notify them on the main screen of the website from 7 days before the application date to the day before the application date by specifying the application date and causes for the revision. However, the revision of the terms and conditions that are disadvantageous to the partner shall be announced with a grace period of not less than 30 days.
- If partner continues to use the company's services after the application date announced pursuant to paragraph 3 of this section, he/she is regarded to agree to the revised terms and conditions. Partners not agreeing to the revised terms and conditions are eligible to freely terminate the service contract at any time.
Article 4 (Relationship with Regulations Other than the Terms and Conditions and Relevant Statutes)
- The company is eligible to have separate service terms and policies (hereinafter referred to as "Individual Terms and Conditions') for paid and individual services. In case that the relevant contents conflict with these terms and conditions, the individual terms and conditions shall precede.
- What is not specified in these terms and conditions or the individual terms and conditions shall be based on related regulations and general commercial customs in accordance with the Telecommunications Business Act, the Framework Act on Electronic Trade, the Information and Communication Network Act, the Act on Consumer Protection in Electronic Commerce, etc.
Article 5 (Establishment of Service Contract)
- Service contract is concluded by the party who wishes to become a partner (hereinafter referred to as the "Applicant") agreeing to the terms and conditions and applying for a partner subscription after listing the partner information (ID, password, name, contact number, e-mail address, etc.) according to the subscription form set by the company followed by the approval from the company with the application.
- The company is eligible not to approve an application that is relevant to any of the following subparagraphs or terminate the service contract afterwards.
- In case that the applicant has previously been disqualified to be a partner in the past under this agreement. Exceptions are made when the company has obtained approval to re-enroll its partner after three months of disqualifications to be a partner
- If using the name of other parties
- If the application with the real name of a partner is confirmed to be untrue when the company conducts such verification procedure
- In case that the company submits the application for re-use within three months of the cancellation of the service contract;
- In case that false information is recorded in the registration details, or if there is an omission or wrong information
- In case of the same phone number or e-mail address as the partner who has already been subscribed
- In case of using this service for the purpose of pursuing fraudulent purposes or profit
- In case that application is found to be illegal or unjustified in violation of these terms and conditions, and that the company recognizes how the application is necessary through reasonable judgment
- In case that the application is made for the purpose of violating the relevant laws or hindering the well-being order or good customs of society;
- In case that the application is made by a child under the age of 14
- In case that the application cannot be approved due to reasons attributable to the partner or in violation of all other prescribed matters;
- In case of the application pursuant to paragraph 1 of this Article, the company is eligible to request real-name verification and identification authentication through specialized agencies depending on the type of partner.
- The company is eligible to waive approval if it does not have room for service-related facilities or if there are technical or business problems.
Article 6 (Termination of Agreement)
- Termination by Partners
- Partners are eligible to eligible to terminate their service agreements at any time by notifying the company of their intention to terminate the service contract.
- Partners are eligible to apply for cancellation of service contract through e-mail at any time, and the company shall immediately handle the service contract as provided under the relevant laws.
- The service contract will be terminated when company recognizes the intention of the partner for such termination.
- However, if there are any reservations that have not been made yet, the company is eligible to suspend the cancellation of the partner until all remaining reservations are exhausted so as to prevent any problems with the use of the reservation.
- Termination by the Company
The company is eligible to terminate the service contract if it has the following reasons: In this case, the company will notify the partner of termination through e-mail, telephone or fax methods. However, the company is eligible to give the partner an opportunity to express its opinion on the reason for dismissal in advance.
- In case that there is a reason for refusal of approval of the service agreement as provided in Article 5 paragraph 2;
- If partner violates the rights, reputation, credit or other legitimate interests of the company or other partner;
- In case that any other partner acts in violation of this agreement, or if there are causes of termination specified in these terms and conditions
- If not using the service for more than a year
- The service contract is terminated by the company notifying its partner of termination. In this case, the company will replace the notice by sending the cancellation intent to the partner-registered e-mail address or posting it as a service announcement.
- Any damages incurred in connection with the termination of the service contract shall be borne by the partner whose service contract has been terminated, and the company shall not be held liable for any damages.
Article 7 (Obligations of ID and Password of Partner)
- The partner is responsible for the management of ID and password.
- Partner shall not let third parties use his/her IDs and passwords.
- If partner recognizes that his/her ID and password have been stolen or used by a third party, it is required for them to notify the company immediately and follow the company's actions.
- Partner is responsible for any disadvantages arising from their failure to notify or respond to the company's actions under paragraph 3 of this section.
Article 8 (Partner Duty)
- Partner shall comply with the notice from the company related to the related statutes, such as the provisions of the terms and conditions and directions of use, and shall not commit acts that interfere with the company's business.
- Partners shall not engage in any of the following actions in relation to the use of the service:
- Register false information in case of service application or modification
- Unauthorized changes to information posted to the company
- Sending or posting information other than the information set by the company (computer programs, etc.)
- Infringement of intellectual property rights, such as copyright, of the company and other third parties
- Damage to the reputation of the company or any other third party or obstruction of business;
- Disclosure or posting of obscene or violent messages, video image or voice-oriented message, and other information against the customs of public order to the company;
- An act to record information that interferes with the company's operations without due cause;
- Replicating, decomposing, or modifying services through reverse engineering, decomposing, disassembling, and any other processing activities;
- An act to disrupt the company's normal service by loading the company's server in the use of a service that differs from its normal use, including the use an automatic access program, etc
- Any action in violation of any other related statutes or regulations determined by the company
- Partners are not allowed to use services to sell products except for cases officially recognized by the company. In particular, they are prohibited from making profits with hacking or advertising, commercial activities through pornographic websites, or illegal distribution of commercial software. The company shall not be held liable for the results and losses of business activities and legal actions, including the restrictions of related agencies, and the partner shall be liable for damages to the company in connection with such actions.
- Partners shall update immediately if any changes occur on registered information. In case that the registered information provided by the partner and the renewed registration information are incorrect, the company is eligible to restrict or suspend the partner from using the service in accordance with Article 16 of this service contract if the counter-party has committed the act specified in paragraph 2 of this section.
Article 9 (Company's Duty)
- The company shall exert the greatest effort to provide service continuously and reliably, without prohibiting or violating the relevant laws and these terms and conditions.
- The company shall respond to partner inquiries in accordance with the time and method set forth below.
- The company is eligible to only respond to partner inquiries online regarding the services provided by the company via e-mail, chat, etc.
- The company shall try to respond as soon as possible to the questions requested through email and chat consultations.
- The company shall comply with the obligations set by the related statutes.
Article 10 (Protection and Use of Personal Information)
- The company shall comply with the relevant statutes, including the Information and Communication Network Act and the Personal Information Protection Act, to protect the partner's personal information.
- The company is eligible to use personal information for the following purposes:
- SMS to provide 3rd party information for sending e-mail
- Provide third-party information for partner support services
- The company is eligible to use non-identifiable information, such as reservation materials, for statistical and analysis purposes. This analysis may include the following non-identifiable information:
- Include, but not limited to, reserved materials such as booking date, reservation price, region, etc.
- The company is eligible to provide the partner's personal information to a third party to the extent permitted by law as follows.
- When requested to provide information from an investigative agency or other government agency;
- If necessary for the protection of information, including violation of the partner's statutes or terms and conditions.
- If required by other laws
- If the seller is informed of the least amount of users' information (name, contact number) required for the service when "transaction" is made
- In case that non-identifiable information entered in the service is used for analysis (reserved data, statistics, etc.)
Article 11 (Limit of Liability)
- If the company is unable to provide the service due to natural disasters or force majeure, they shall be exempted from the responsibility for providing the service.
- The company shall not be held liable for any interruption in the use of the service due to the reason attributable to the partner.
- The company shall not be held liable for the reliability and accuracy of information/data/facts, such as reviews of service use, accommodation evaluation, and photographs posted through the service after the time of agreement to the service terms and conditions.
- The company is not obligated to any of the compensation or responsibility in connection with the use of the services provided.
- The company shall not be held liable for responding to inquiries related to the use of the service delivered through a path other than e-mail and chat consultation.
- The company shall not be held liable for monitoring the contents and quality of products or services advertised by the partner or a third party on a screen or through a linked website.
- The company and its employees and agents shall not be held liable for damages arising from any of the following, unless they are intentionally or materially culpable as follows.
- Damage caused by false or inaccurate partner status information
- Personal damages arising from access to service and use of service
- Losses arising from all illegal third-party access to the server or from the illegal use of the server
- Losses arising from any unlawful interference or interruption by a third party to a server or transmission from a server;
- Damage caused by all viruses, spyware, and other malicious programs that have been illegally transmitted, circulated or transmitted by a third party using the service.
- Damage caused by errors, omissions, and destruction of transmitted data
- Various civil and criminal liabilities arising from defamation and other illegal activities in the process of registering partner status information and using the service between partners
- The company shall not be held responsible for the loss of revenue expected by the partner using the service and shall not be held liable for damages caused by data obtained through other services.
Article 12 (Notification to Partner)
- If the company notifies to partner, they are eligible to do so by email address or SMS that the partner submits to the company when applying for membership.
- In case of notification to an unspecified number of partners, the company is eligible to replace the individual notices by posting them on the website for more than seven days.
Article 13 (Providing and Changing Services)
- The company is eligible to selectively provide partners with the following services in the future and may incur costs for the delivery of the such services.
- Linked Sales Channel Service (ONDA GDS)
- On-channel manager (ONDA CMS)
- Oncoming Manual Payment Service (ONDA PAY)
- Any service that is further developed by another company or provided to the 'partner' through a partnership agreement with another company, etc.
- The company is eligible to change or discontinue all or some of the services provided in accordance with the operational or technical requirements in the event of other reasonable reasons, such as difficulties in providing smooth service due to reduced use and worsening profitability, the need to switch to next-generation services based on technical reports, and changes in company policies related to service provision.
- If there is a change in the service contents, method of use, or time of service interruption, the detailed information, reasons and dates of the service to be changed or discontinued shall be notified in advance of the 15-day period in a way that the partner is able to fully recognize, including the company's "Website" or the "Notice" screen in the service before the change or interruption.
- The company is eligible to modify, suspend or change some or all of the services provided free of charge in accordance with the company's operational needs, and shall not provide any compensation to the partner unless there is special provision in the relevant laws.
Article 14 (Service Hours)
- In principle, the service shall be available for 24 hours a day and seven days a year, unless the business or technical difficulties arise in the company. However, the date or time specified by the company for regular inspection is excluded. Regular inspection time shall be in accordance with the notice on the service offering.
- The company is eligible to divide the service into a certain range and specify the available time for each range separately. However, in such cases, the contents are notified in advance.
Article 15 (Limited Use of Service)
- The company is eligible to gradually limit the use of the service to warnings, suspensions, and permanent suspension of service if the partner violates its obligations under these terms and conditions or interferes with the normal operation of the service.
- In spite of paragraph 1 of this article, the company is eligible to immediately suspend the use of illegal communication and hacking, distribution of malicious programs, and excess access rights in violation of the Act on the Registration of Residents, phone number theft, provision and operation of illegal programs that violate the Copyright Act and the Computer Program Protection Act. All benefits obtained through the use of service upon permanent service suspension pursuant to this section will be lost, and the company will not compensate them separately.
- If partner has not logged in for more than three months, the company is eligible to restrict their use or separate or delete personal information in accordance with the relevant laws for the protection of partner information and the efficiency of operation.
- The conditions and details of restrictions within the scope of this section shall be as provided under the company's Restriction Policy.
- In case that the use of the service is restricted or the contract is terminated pursuant to this section, the company shall notify pursuant to Article 12 [Notice to Partner].
- Partner is eligible to file objections to restrictions on use under this section in accordance with the procedures set by the company. If the company acknowledges that the objection is justified, the company immediately resumes using the service.
Article 16 (Assumption of Rights)
- Copyright and intellectual property rights to the service belong to the company. Exceptions include "published articles" from partners and works provided under the partnership agreement.
- Copyright and other intellectual property rights concerning trademarks, service marks, logos, etc. relating to the service provided by the company, including the design of the service provided by the company, text created by the company, script, graphic, and transfer functions between partners are possessed by the company or owned or used by the company under the laws of Korea and foreign countries.
- As a partner does not possess the service or the copyright on the service, but is allowed to use the service from the company, the service might be used by the partner in the form of information acquisition or personal use only.
- Except as expressly permitted, partner is not allowed to copy or distribute any text, script, graphic, or transfer functions among partners, including the use, copying or distributing of partner status information obtained through the service for profit purposes.
- In relation to the service, the company grants the partner only the right to use the account, ID and contents according to the conditions of use set by the company. At this time, the user shall not use the information obtained by the company for profit or use it to a third party through other methods, such as copying, transmitting, publishing, distributing, broadcasting and etc. without prior consent from the company.
Article 17 (Proper Laws and Jurisdiction Courts)
- The Law of the Republic of Korea applies to interpretation of these terms and conditions and disputes between the company and its partners.
- A lawsuit between a partner and the company that occurred while using the service shall be filed with the competent court (Seoul Central District Court) under the Civil Procedure Act.
- Date of establishment: June 26, 2019.
- Date of implementation: July 12, 2019.