These Terms of Use apply to your use of BADARO YACHT Site and the services offered through it. Your use of the Site indicates your acceptance of the Terms of Use, including the policies incorporated into them by reference. If you do not accept the Terms of Use, you must not use the Site or the services.
BADARO YACHT means Badaro Yacht Co., Ltd.
Site means the websites and applications owned or otherwise operated by Badaro Yacht.
Customer means a person who uses BADARO YACHT service and financial transaction in our web site.
The term 'use contract' means a contract between the company and the customer regarding the use of our service.
ID(Users’ Identity) means words and number identification that selected by members and approved by the company for the identification of members and the use of services by members.
Cancellation of membership account means termination of a contract for use BADARO YACHT service by a company or a member.
Means of Payment means used by the customer to process payment for providing by the service from provider BADARO YACHT Indicates a credit card, debit card, or other payment method.
Payment settlement means the purchase payment is made through the customer's payment method, and a payment process that ensures that paid to the service provider.
Product means a product or service registered on the site allows a customer to make a reservation using this service on the site and pay the price for purchasing it.
BADARO YACHT may amend the Terms of Use from time-to-time by publishing changes on the site. The Terms of Use of constitute the entire agreement between you, BADARO YACHT, and supersede any previous agreement or understanding.
1. REGISTRATION
The minimum information we need to register our website. And we will ask you more questions for different services, including Booking yacht tour program and sales promotions. We collect information about you that you provide to us when using the website, such as your name, address, phone number, credit card details, e-mail address, accommodation name, accommodation location and/or length of stay, and your account password for Yacht booking reservations. In addition for flight reservations, we may also collect passenger name, date of birth, nationality and passport details including passport number, country of issue and expiry date.
After you have registered, and with your permission, we may send you emails we think may interest you. Newsletters may be personalized based on what you have been reading on our website. At any time you can decide to cancel membership account and be able to ‘unsubscribe’.
2. USE OF THE SITE
BADARO YACHT grants you a limited, restricted, personal, non-transferable, non-sub licensable, revocable license to access and use the Site only as expressly permitted in the Terms of Use. Except for this limited license, we do not grant you any other rights or license with respect to the Site; any rights or licenses not expressly granted herein are reserved. The content and information on the Site, as well as the software and infrastructure used to provide such content and information, is proprietary to BADARO YACHT. You may only use the Site to make bona fide and legitimate enquiries or bookings and you hereby undertake not to make any speculative, false or fraudulent bookings or any reservations in anticipation of demand. You undertake that the payment details you provide us with in making a booking are fully correct. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to BADARO YACHT and acknowledge that BADARO YACHT may use these details to contact you in the event that this should prove necessary. Please also consult our Privacy Policy.
Accordingly, as a condition of using the Site, you agree not to use the Site or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is illegal, unlawful or prohibited by the Terms of Use. Except with our prior written authorization, you agree not to modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from the Site. In addition, you agree not to:
• Use the Site or its contents for any non-authorized commercial purpose (Forward distribution or resale of bookings without permission)
• Make any speculative, false, or fraudulent booking
• Access, monitor or copy any content or information of the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express prior written permission
• Violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site
• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure
• Deep-link to any portion of the Site for any purpose without our express prior written permission
• Re-sell, use, copy, monitor (spider, scrape), display, download or reproduce any content or information, software, products or services available on the Site for any commercial or competitive activity or purpose
• Deliver any unlawful (according to any and all applicable laws or regulations) postings to or through the Site, or any postings which advocate illegal activity
• Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, racist, discriminating, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable
• Deliver or provide links to, any postings containing defamatory, slanderous, false or libelous material
• Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity
• Deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships
• Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another
• Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver
• Use the Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Site or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment
• Attempt to gain unauthorized access to the Site, any related website, other accounts, computer system, or networks connected to the Site, through hacking, password mining, or any other means
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site, including harvesting or otherwise collecting information about others such as email addresses
• Do anything else which could cause damage to the Site, BADARO YACHT, Related Companies, and each of their employees and reputations, or would otherwise have a negative impact
3. SUBJECT ACCESS REQUESTS
All individuals who are the subject of personal data held by BADARO YACHT Co., Ltd. or organizations contracted by us to provide customer services are entitled to:
• Ask what information the company holds about them and why
• Ask how to gain access to it
• Be informed how to keep it up to date
• Be informed how the company is meeting its data protection obligations.
Subject access request should be addressed to the Data Protection Officer.
The Data Protection Officer shall provide information on the action taken on a request without undue delay and in any event within one month. This period may be extended by a further two months where necessary taking into account the complexity and number of requests. The Data Protection Officer shall inform the data subject of any such extension within one month of the subject access request along with reasons for the delay.
4. LEGAL OBLIGATION TO DISCLOSE PERSONAL INFORMATION
We will reveal a user’s personal information without his/her prior permission only when we have reason to believe that the disclosure of this information is required to establish the identity of, to contact or to initiate legal proceedings against a person or persons who are suspected of infringing rights or property belonging to us or to others who could be harmed by the user’s activities or of persons who could (deliberately or otherwise) transgress upon these rights and property. We are permitted to disclose personal information when we have good reason to believe that this is legally required.
Where required by law, we rely on the following legal bases to process personal information:
• Necessity to Perform Contract with You - we need to process your information in order to provide our travel reservation services to you, answer questions and requests from you, and provide customer support
• Our Legitimate Interests - we process your information for security and safety; debt recovery purposes; to detect and prevent fraud; to protect and defend the rights or property of others, or our own rights and interests; to analyze, improve, customize and provide our reservation travel and related services to you; and to respond to lawful requests, court orders, and legal process
• Compliance with Legal Obligations - we need to process your information to comply with relevant laws and regulatory requirements
• Protect Vital Interest - we may need to process your information in case of emergency involving an individual's life or health.
5. PRIVACY
We respect your privacy. Please have a look at our Privacy Policy for further information.
6. PAYMENT
You authorize us to collect and process (including the collection and processing through a third party) your information required by processing service providers or the financial institution that issues your Payment Instrument such as a credit or debit card in order to verify your identity.
Certain Payment Instrument companies charge their member banks a fee for processing "foreign transactions". If you make card transactions and the recipient uses a bank located in a different country other than the bank which issued your card, an international service assessment, cross-border transaction fee or similar fee may be charged. Your issuing bank may or may not pass this fee on to you (the card user). Please contact your issuing bank for details as this is outside the control of BADARO YACHT.
In the event of Payment Instrument fraud or unauthorized use of your Payment Instrument by third parties, you should contact your bank or card issuer immediately upon becoming aware of such unauthorized use.
In order to make a booking you must be over 18 years old (or such other age at which majority is reached in your country or territory) and have the full legal capacity to make the transaction (or have the authorization to do so from your legal guardian). You undertake that the Payment Instrument you are using is your own or that you are authorized to complete the booking with this Payment Instrument and that there are sufficient funds to cover the cost of the transaction. You accept financial responsibility for all transactions made under your name or account. You undertake that the details you provide us with in making a booking are fully correct. BADARO YACHT reserves the right not to accept certain Payment Instruments. BADARO YACHT may add or remove other payment methods at its discretion.
7. INTELLECTURAL PROPERTY RIGHTS – TRADEMARK NOTICE
BADARO YACHT owns the copyright to the Site. You may not use the BADARO YACHT intellectual property without our consent.
The Site contains copyright material, trade names and other proprietary information, including, but not limited to, text, software, photos, graphics and include video, graphics, music and sound. The entire contents of the Site are protected by copyright law. We, and our licensors, own copyright and/or database right in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works, or in any way exploit, any of the content, in whole or in part except as provided in the Terms of Use.
You may use information from the Site for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
8. COMPLAINTS
If you have complaints about our service, you can contact our Customer Service team via email or call. We will do our very best to help you.
9. DISCLAIMER OF WARRANTY
All content, including software, products, services, information, text and related graphics contained through the site are provide to you on an “as is” basis. BADARO YACHT makes no representations or warranties of any kind either express or implied, as to the operation of this website or the information, content or materials included on this website and to the fullest extent permissible pursuant to applicable law, BADARO YACHT disclaims all representations, conditions and warranties of any kind. BADARO YACHT does not warranty or make any representations that the site will operate error-free or uninterrupted, that defects will be corrected, or that the site its servers will be free of viruses and other harmful components.
10. LIMITATION OF LIABILITY
To the extent permitted by law, in no event shall BADARO YACHT involved in creating, sponsoring, promoting, or otherwise making available the site and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, exemplary, compensatory, consequential, or punitive damages or any damages or losses whatsoever, including but not limited to (where relevant, caused by).
Any damages caused by a force majeure event, the limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if a covered party has been advised of the possibility of damages. A force majeure event is any event beyond the Covered Parties’ control and can include, but is not limited to, natural disasters, weather conditions, fire, nuclear incident, electro-magnetic pulse, terrorist act, riots, war, arson attacks, insurgency, rebellion, armed hostilities of any kind, labor disputes, lockouts, strikes, shortages, government actions or restraints, pilferage, bankruptcy, machinery breakdown, network or system interruptions or breakdown, internet or communications breakdown, quarantine, epidemic, pandemic etc. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority.
11. GOVERNING LAW AND DISPUTES
The Terms of Use and the provision of our services will be governed by and construed in accordance with the laws of South Korea without reference to South Korea conflict of laws rules. Any dispute arising out of the Terms of Use or otherwise connected to BADARO YACHT services must exclusively be submitted to a court of competent jurisdiction in South Korea.
Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
In addition to the above, you and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action, except for actions for injunctive relief as described below. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration Section will be void as to you. To the extent permitted by applicable law, any determination of the extent to which your claims qualify as seeking public injunctive relief will be heard and decided by the arbitrator. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
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