These provisions aim to prescribe Vivugiare’s and its users’ rights, obligations, and responsibilities in using Internet related services (hereafter “service”) offered at Vivugiare’s Internet website (websites operated by Vivugiare including vivugiare.com and vivugiare.vn).
Article 2 (Definition)
- “Vivugiare’s website” means the virtual business site that Vivugiare established for offering information and/or services to users and enabling them to transact goods or services by the use of information communication facilities such as computers and information communication networks.
- “User” means members and/or non-members who receive offers from Vivugiare’s service, pursuant to these provisions, and by connecting to Vivugiare’s website.
- “Member” means those registered as members of Vivugiare by offering their personal information to Vivugiare’s website and who receive the information provided by Vivugiare and are able to continually use services offered to them.
- “Non-member” means those who use information and services offered by Vivugiare without being registered as members.
Article 3 (Clarification and Revision of Provisions)
- “Vivugiare” provides notification of the contents of these provisions, business name, contacts (e-mail address, telephone, and fax number), and declaration number for e-commerce sales on the front service page so that users may be aware of them.
- Vivugiare may revise these provisions within the scope of committing no violation of laws on regulations of provisions, basic laws on e-commerce, electronic signature laws, laws on the promotion of information network use and information protection, general consumer laws, and laws on consumer protection of e-commerce.
- In the event of revising provisions, Vivugiare shall provide notification of the causes of revision and date of application, along with current provisions, on the initial page beginning seven
days prior to the date of application through one day before the date of application
- Revised provisions shall be applicable to users registered as members before the revision as far as the revised provisions do not violate related laws. However, with regard to users who clearly notified refusal of the application of the revised provisions during its notification period, Vivugiare shall apply provisions before revision to those users
- With regard to items which are not described in these provisions and interpretation of these provisions, they will follow laws on consumer protection of e-commerce, laws on regulation of provisions, consumer protection directives in e-commerce, related laws, and/or customary practices.
Article 4 (Offer of Service)
Vivugiare offers the following services through its website:
- Information and services related to airline ticketing and purchase.
- Information and services related to travelling including travel package, hotel and rental car.
- Other work designated by Vivugiare.
Article 5 (Interruption of Service)
- Vivugiare may temporarily suspend the offering of service on the website in the event of the maintenance, repair, exchange, breakdown, or interruption of information communication facilities such as computers.
- With regard to the interruption of service on the website of Clause 1, Vivugiare shall notify users in a way stipulated in Article 8.
- Vivugiare shall not compensate for damages to users or a third party in the event that service is temporarily interrupted due to causes stipulated in Clause 1 unless such damages are caused by either intentional or major fault of Vivugiare.
- Vivugiare may suspend any use of service if the following violation occurs or is deemed to occur:
- any action that causes public disorder or disturbance;
- any action that is related to crime;
- any plan or use of service whose purpose is to damage public goods; or
- any action that disrupts providing service.
- In the event of the suspension pursuant to Article 4, Vivugiare shall not indemnify users or any third party against damage.
Article 6 (Member Registration)
- Users may apply for member registration by expressing that they consent to these provisions after filling out member information.
- Vivugiare shall register users as members except for the following cases:
- In the event that those applying for member registration lose member qualification pursuant to Clause 4, Article 7 of these provisions. However, Vivugiare will make exceptions for those who have passed three
years in time after losing member qualification and received approvals for re-registration.
- In the event that there is fault, omission of description, or misspelling.
- In the event that it is estimated to be extremely difficult to register as a member in terms of technology.
- The period of establishing the membership registration shall begin when a member acquires the approval of Vivugiare.
- In the event that a member has any changes in registration as described in Clause 1, Article 13, the member should notify Vivugiare of those changes by e-mail or in a similar way.
Article 7 (Withdrawal from Membership and Loss of Qualification)
- Any member may require withdrawal from membership at any time and Vivugiare shall instantly answer the request.
- In the event that a member falls under the following, Vivugiare may limit or suspend the use of service.
- In the event that a member died.
- In the event that a member wrote down false information or made more than two IDs
- In the event that a member did not fulfil the obligation to pay for an airline ticket purchased at the Vivugiare website.
- In the event that a member inhibits others use of the Vivugiare website or threatens or violates an e-commerce order, such as illegal use of others’ personal information.
- In the event that a member acts against laws that these provisions prohibit, or public orders or customs, by using the Vivugiare website.
- If there is no record of login activity to the Vivugiare website for the past 1 years.
- In the event that Vivugiare limits or suspends the use of service, Vivugiare shall provide notification of the causes, date, and terms by e-mail, telephone, or letter to users. However, if urgent limitation or suspension is needed, Vivugiare shall provide notification after taking such actions
- If, after Vivugiare limits or suspends the use of service, the cause of such actions becomes repetitive or is not be corrected within thirty
days, Vivugiare may deprive the member concerned of membership.
- Vivugiare shall not be liable for any losses incurred by the suspension of the use of service and deprivation of member qualification.
Article 8 (Notification to Member)
- In the event that Vivugiare gives notice to a member, Vivugiare shall provide notification to the e-mail address offered by the member.
- In the event that Vivugiare gives notice to unspecific numerous members, it shall display the notice for more than one
week, which is equivalent to an individual notice. However, Vivugiare shall give an individual member notice on items that might significantly affect a transaction of that member.
- However, Vivugiare may reduce the period prescribed in Clause 2 or omit the notice entirely if occasion requires.
Article 9 (Application for Purchase)
Users may apply for the purchase of airline ticket by the use of the following as determined by Vivugiare.
- Entering name, address, and contact information.
- Indication of the consent to the collection of personal information and regulation, legal notice and provision (ex: clicking a mouse).
- Selection of means of payment.
Article 10 (Establishment of Purchase Contract)
- Vivugiare may not approve the application for purchase by ways stipulated in Article 9 in the event of the following:
- In the event that there is any false information, omission of record, or misspelling in the application
- In the event that it is estimated that the approval for the application for purchase may significantly lead to damages in terms of sales or technology.
- The contract shall be deemed to be entered into when the approval of Vivugiare reaches a user in the form of confirmation of receipt in Clause 1, Article 12.
Article 11 (Payment Methods)
Payment methods for goods and/or services purchased at the Vivugiare website can be made by one of the following methods.
- On-line transfer to a bank account.
- Credit card payment.
- Purchase of airline ticket by SkyPass mileage.
- Other payment methods specified by Vivugiare.
Article 12 (Notice of Confirming Receipt. Changes and Cancellation of Application for Purchase)
- Vivugiare shall notify a user of the confirmation of receipt in the event that there is an application for purchase.
- In the event that a user who received the notice of confirmation of receipt does not agree with the notice, the user can request changes and/or cancellation immediately after receiving the notice of confirmation of receipt and Vivugiare shall comply with such request.
Article 13 (Personal Information Protection)
Article 14 (Obligation of Vivugiare)
- Vivugiare shall not act against laws and these provisions, or good public order and morals, and will strive to offer stable service and goods pursuant to these provisions.
- Vivugiare will be equipped with a security system for protecting users personal information (including credit information), so that users can safely use services.
- With regard to goods and services of Vivugiare, in the event that users are damaged by unfair indication or advertisement of Vivugiare pursuant to laws on the fairness of indication or advertisement in Article 3, Vivugiare may compensate for the damages.
- Vivugiare shall not e-mail an advertisement for profit-making against the will of users.
Article 15 (Obligation for Member ID and Password)
- Members are liable for managing their ID and password, with the exception of Article 13.
- Members should not allow a third party to use their ID or password.
- In the event that a member becomes aware that a third party steals their ID and password or uses them, the member should immediately notify Vivugiare and follow the direction of Vivugiare.
Article 16 (Obligation of Users)
Users should strictly obey these provisions and related laws and should not be allowed to do the following.
- Record false information in application or changes.
- Voluntarily change information displayed on the Vivugiare website.
- Perform acts of transmitting or displaying information or computer programs that Vivugiare does not allow without permission.
- Violate intellectual property rights, including works of Vivugiare and a third party.
- Perform acts of violating or impeding the honor and privacy of Vivugiare and a third party.
- Perform acts of transmitting, disclosing, or displaying information that goes against good public orders and morals such as obscene or violent messages of image or voice.
Article 17 (Relationship Between Vivugiare Website and a Related Website)
In the event that Vivugiare website and a related website are linked through a hyper-link (Hyper-link includes letter, picture, and motion picture), Vivugiare shall not be liable for guarantee of transactions by users made for goods and services independently offered by the related website.
Article 18 (Reversion of Copyright and Limitation of Use)
- Copyright and other intellectual property rights of work prepared by Vivugiare shall be reverted to Vivugiare.
- Users should not use information acquired in using the Vivugiare website for profit-making nor make a third party use that information by way of copying, transmission, publication, distribution, or broadcasting without prior consent of Vivugiare.
Article 19 (Settlement of Dispute)
- Vivugiare shall establish and operate a committee for the compensation of damages reflecting fair opinions or claims by users and shall compensate for the damages.
- Vivugiare shall promptly and properly cope with claims and/or opinions offered by users. However, in the event that prompt settlement is not available, it shall provide notification of the cause and date of settlement immediately.
- Vivugiare may follow the reconciliation of the committee on an e-commerce dispute, which is established on the basis of basic e-commerce laws and their enforcement rules, in the event of the occurrence of an e-commerce dispute between Vivugiare and users.
Article 20 (Competent Court and Proper Law)
- Vivugiare shall file a lawsuit on an e-commerce dispute, which may occur between Vivugiare and users, to the Seoul District Court.
- The law of Republic of Korea shall be applied to an e-commerce lawsuit between Vivugiare and users.