General Terms and Conditions for Distributors
In order to ensure your rights and interests, please carefully read these General Terms and Conditions for Distributors (hereinafter referred to as these “Terms and Conditions”). Selection of the column stating “I have read and agreed to the terms and conditions hereinabove” by you or your authorized representative indicates you have read, understood and agreed to comply with these Terms and Conditions. If you do not accept these Terms and Conditions, you cannot become a Distributor of KKday.
1. Policies and Terms of KKday
- 1.1. These General Terms and Conditions for Distributors (hereinafter referred
to as these “Terms and Conditions”) are the basic rules for becoming a
Distributor of KKday. The term “KKday” referred herein may include KKday
Holdings Co., Ltd. as well as all its affiliates. In order to ensure that KKday
provides you with adequate operational support in the course of the
distribution collaboration, the KKday entity contracting with you under these
Terms and Conditions shall be determined by various factors including but not
limited to the intended settlement currency, settlement method, type of
product, and country of incorporation, as stipulated in Annex 1. If you intend
to settle payments in Japanese Yen (via credit card or prepayment), these
Terms and Conditions shall not be applicable and this version shall apply
instead.
- 1.2. When you submit your registration information through KKday's
distribution platform (b2d.kkday.com or b2d.rezio.io) (hereinafter referred to
as the “KKday Distribution Platform”) or through other ways as specified by
KKday , you guarantee that all the information submitted is true and correct.
KKday reserves the right to review and determine in its sole and absolute
discretion whether you may become a Distributor of KKday. If your registration
application is incomplete, you cannot become a Distributor of KKday.
- 1.3. Unless otherwise stipulated herein, your relationship with KKday
(hereinafter referred to as the “Collaboration”) is subject to the various policies
or rules announced on the KKday – Global Travel Experience Platform
(www.kkday.com) or other platforms built by KKday (hereinafter collectively
referred to as the “KKday Platforms”), including but not limited to the User
Terms and Conditions
(https://www.kkday.com/static/en/about/TermsAndConditions.html) or Privacy
Protection Policies. KKday is entitled to change or update these Terms and
Conditions as well as the aforementioned policies or terms at any time. Such
change or update will be effective upon posting on the KKday Platforms
without prior notice to you from KKday.
- 1.4. 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.Term of Cooperation
- 2.1. These Terms and Conditions shall be effective from the date of submission
of your account registration application to the date of cancellation of your
account or the date of termination of the Collaboration.
3.Cooperation
- 3.1. KKday agrees to allow you to distribute through the KKday Distribution
Platform or through cascading API admission tickets, travel tickets/vouchers,
itinerary products or other related products owned by KKday or sold by KKday
as an agency.
4.Your Rights and Obligations
-
4.1. You warrant that you have obtained all relevant qualifications licenses
permits certificates required under the laws of your place of incorporation for
distributing the intended products. KKday is entitled to request you to submit
other necessary documents and latest information for becoming a Distributor
of KKday, including but not limited to the corporate registration form,
corporate registration amendment form, all relevant licenses issued by the
government and the personal information of your representative. In the event
that you fail to comply with this provision and commit any violation of any laws
and regulations, the liabilities therefrom shall be solely borne by yourself. In
the event of any change of the document or information submitted, a written
notice shall be sent to KKday within ten (10) days of such change.
- 4.2. You shall distribute KKday’s products at a reasonable market price. KKday
reserves the final right to interpret and determine the market price of the
products. In the event that you fail to comply with KKday’s notice to remedy
the breach of this clause, KKday has the right to cease distribution of its
products to you at any time up until KKday has verified that you have remedied
the breach or immediately terminate this Collaboration in accordance with
Article 13.1 of these Terms and Conditions. You shall indemnify KKday against
all losses suffered therefrom.
- 4.3. You shall notify KKday and obtain KKday’s prior written consent if you
intend to distribute the products through your subsidiaries, affiliates and/or
other distributors.
- 4.4. In the event that you purchase in bulk KKday’s ticket/voucher products
(including but not limited to all kinds of admission tickets and various travel
tickets/vouchers) for distribution, you shall not request for a refund or return
of the tickets/vouchers purchased from KKday for whatsoever reason.
- 4.5. You shall not alter or amend the purchase orders (hereinafter referred to
as “POs”) generated under the KKday Distribution Platform without
authorization. KKday shall not be responsible for any issues arising from any
unauthorized alteration of the POs.
- 4.6. In the event that you intend to cancel any POs, the respective cancellation
policies of the products set forth in KKday’s website shall apply
- 4.7. You shall safekeep the account number and password of your account on
the KKday Distribution Platform, and shall not disclose the same to third
parties. If KKday determines that there are any fraudulent acts on your
account which result in KKday not receiving payment or incurring any risks,
KKday shall not provide the goods or services under the POs and you shall
cooperate with KKday in its investigations. If the goods or services have been
utilized, you shall, in accordance with the designated payment method as
instructed by KKday, pay KKday within 10 working days after receiving KKday’s
notice for payment. Any losses arising thereof shall be solely borne by you.
- 4.8. In the event of any customer dispute regarding KKday’s products or
services (including but not limited to over-ordering or other circumstances
affecting the customer’s right to use the products or services), you shall assist
in clarifying the issue with the customer, notify KKday and assist KKday in
communicating with the customer. If, after parties’ clarifications,
- A. the customer dispute is attributable to KKday, KKday shall be
responsible to handle the matter and you shall assist KKday as
instructed, and where necessary, assist KKday in the settlement
process;
- B. the customer dispute is attributable to the supplier of the product
or service (including but not limited to the third party who actually
carried out/fulfilled/performed the product or service), KKday shall
not be responsible for the supplier’s conduct and KKday shall only
assist you in contacting the supplier to clarify and resolve the matter
with the customer;
- C. the customer dispute is not attributable to KKday or the supplier of
the product or service, you shall be responsible to handle the matter.
If KKday suffers any losses as a result of your negligence in handling
the matter or failure to handle the matter properly, you shall be liable
to KKday for all losses and damages suffered.
- 4.9. In the event that KKday determines that there is an obvious error in the
content or prices of the order or the product or service, KKday is entitled to, at
any time, cancel any order and not fulfill the products or services. Upon
KKday’s cancellation of the order and refunding to you any fees paid for the
order, the matter shall be fully and finally resolved.
5.KKday’s rights and obligations
- 5.1. The prices of KKday’s products shall follow the prices as announced on
KKday’s website.Product prices may vary due to changes in the currency
exchange rates. KKday reserves the right to adjust product prices and to stop
sale of any product at any time.
- 5.2. KKday shall endeavor to ensure that the tickets/vouchers provided by
KKday are legal, valid and usable. In the event that your customers are not
able to use the tickets/vouchers, you shall immediately notify KKday and KKday
shall endeavor to respond to you within 24 hours.
- 5.3. This Cooperation between you and KKday shall not affect KKday’s right to
sell in its own capacity the same products provided to you on KKday’s website.
6.Settlement
- 6.1. The currency to be used in quotations and settlement shall be the currency
you have selected on the KKday Distribution Platform.
-
6.2. You may apply to use either of the following settlement methods, subject
to KKday’s right to review and to determine the final settlement method to be
used:
- A. credit card payment upon placing each PO; or.
- B. prepayment, in accordance with Article 6.3 below or as otherwise agreed
in writing by both parties.
- 6.3. In the event that you distribute through cascading API, your orders shall
be settled via the following prepayment method, or as otherwise agreed in
writing by both parties:
- A. You shall pay the required prepayment amount (the “Prepayment”) to
KKday’s designated bank account before placing your first purchase order.
KKday shall provide you with the relevant payment receipt within 5 working
days after receipt of the Prepayment from you. The Prepayment shall serve
as your purchase order credit. You agree that the available and/or balance
amount of the Prepayment shall be solely determined by and based on the
records of the KKday Distribution Platform. When the remaining amount of
the Prepayment becomes less than the order amount, KKday shall notify
you to replenish the Prepayment. If you fail to replenish or fail to sufficiently
replenish the Prepayment, KKday is entitled to suspend your purchase
orders until you have completely replenished the Prepayment.
- B. You may request KKday to return the balance amount of the Prepayment
by giving KKday at least 45 working days advance written notice via email or
other written means. KKday shall remit the balance amount of the
Prepayment to your designated account within 45 working days after
confirming that the balance amount and other relevant information are
correct.
- C. Handling fees incurred from cross-border payments: The handling fees
incurred by cross-border payment of the paying bank and the intermediary
bank shall be borne by you. The handling fees incurred by cross-border
payment of the beneficiary bank shall be borne by KKday.
- 6.4 For credit card settlement, KKday’s system will automatically send you the
invoice or receipt one business day after the latest usage date of each order.
You may check the order history report on the KKday Distribution Platform.
7.Confidentiality Obligation
- 7.1. Both you and KKday undertake and warrant to not disclose any
Confidential Information to any third party. “Confidential Information” refers to
any non-public information disclosed by one Party to the other Party in
connection with the Collaboration, whether in oral or written form, including
but not limited to business plans, customer lists/information, technical
information, product ideas/concepts, development plans, employee
lists/information, operation manuals, financial conditions as well as any other
information designated as confidential information at the time of disclosure.
-
7.2. With regard to the Confidential Information described herein, you, KKday,
as well as your/its agents, representatives, employees shall comply with the
following:
- A. Protect the Confidential Information at the same standard of care as it
would to protect its own Confidential Information (but no less than
reasonable standard of care).
- B. Require all personnel who have access to the Confidential Information to
keep the Confidential Information confidential.
- C. Only use the Confidential Information where necessary in the manner
agreed by and between the Parties in writing.
- 7.3. The confidentiality obligation stipulated herein does not apply to the
following:
-
A. Information obtained from the public domain through lawful means.
- B. Information obtained from a third party through lawful means.
- C. Information required to be disclosed by law or a competent governmental
or regulatory authority in accordance with relevant laws and regulations.
- D. Information required to be disclosed in accordance with legal procedures.
- 7.4. The confidentiality obligation stipulated herein shall survive after
expiration or termination of the Collaboration.
8.Personal Data Protection
- 8.1. The collection, processing or use of personal data of KKday or the
Customers by you for the performance of the Collaboration shall comply with
the applicable personal data protection laws as well as all other relevant laws
and regulations, and shall be conducted under the supervision of KKday.
-
8.2. When you collect personal data from customers, you shall inform the
customers of your purpose of collection which includes providing their
personal data to KKday for purposes of this Collaboration and obtain the
customers’ consent thereto.
- 8.3. For the personal data files you retain, you shall designate personnel to
handle the maintenance of personal data security, and such personnel shall be
capable of and competent in managing and maintaining the personal data
files. You shall implement safety and security measures, strictly manage data
security, as well as properly retain records of data use activities, log files and
relevant evidence.
- 8.4. In the event that you discover any breach of this Article 8 or any theft,
divulging, tampering or other infringements of personal data, which leads to
violation of laws related to the protection of personal data or other
regulations, or caused any damage to the rights and interests of others, KKday
shall be notified immediately. You shall also take immediate action to
investigate the facts and impact of such incident, as well as propose relevant
control and corresponding correction measures, and assist KKday in
proceeding with settlements or legal proceedings if necessary. In the event
such violation or incident is discovered by KKday, KKday shall immediately
notify you to take the aforementioned actions and measures. KKday may
request that you replace the personnel responsible for such violation and
make the correction within a specified time limit. In the event that you fail to
replace the responsible personnel or fail to make the correction within the
specified time limit, KKday may terminate the Collaboration forthwith.
9.Intellectual Property Rights
-
9.1. During the term of the Collaboration, each Party is authorized by the other
Party to reasonably use the business name, trademark, trade name, brand,
domain name and website of the other Party for the purpose of the
Collaboration. In the event that either Party intends to use the name and
website authorized by the other Party on its own promotion material, name
card, website and any other material, such Party shall provide prior written
notice to the other Party and may only proceed with such use after obtaining
the written consent of the other Party.
- 9.2. You warrant and undertake not to, during the term of the Collaboration or
after the expiry or termination of the Collaboration, provide any information or
data about KKday's business, technology, product prices, etc. to any enterprise,
commercial institution or organization that is in a competitive business
relationship with KKday. KKday has the final right to interpret and determine
whether or not there is a competitive business relationship. You shall bear all
liabilities towards KKday for breach of this clause, including but not limited to
all losses, costs and damages suffered by KKday.
- 9.3. You shall prepare and use your own advertising and marketing materials
when distributing KKday’s products. Without KKday’s prior written consent, you
are not permitted to use and shall not use any of the product-related materials
(including but not limited to pictures, text, videos, markings and logos) on
KKday’s website. You acknowledge and understand that all intellectual
property rights in respect of all materials on KKday’s website belong to and are
owned by KKday.. In the event that KKday authorizes you to use its materials,
you agree to only use such materials in the exact same original condition as
provided by KKday. You shall not edit, adapt or crop the materials provided by
KKday, and shall not use them in products not provided by KKday nor for other
purposes except for performing and fulfilling these Terms and Conditions. In
the event that you breach this clause, KKday shall have the right to terminate
the Collaboration and charge you a license fee on a per-use basis, the total
amount of which shall be determined by KKday in its sole and absolute
discretion. You shall also indemnify KKday against any and all losses suffered
as a result of your breach of this clause.
10.Elimination of Anti-Social Forces
- 10.1. Each party hereto represents that it and its directors, executive officers
and supervisors (hereinafter collectively referred to as “Officers” in this Article)
should not fall under an organized crime group, a member of an organized
crime group, a person ceasing to be a member of an organized crime group
less than five (5) years, an associate of an organized crime group, a company
affiliated to an organized crime group, a corporate racketeer, a person or
group engaging in criminal activities under the pretext of conducting social
campaigns or similar activities, a crime group specialized in intellectual crimes,
or any other person equivalent thereto (hereinafter collectively referred to as
an “Organized Crime Group Member”) and should not fall under any of the
following items, and also covenants that it and its Officers should not fall under
any of the following items in the future as well:
- A. it has a relationship where it is recognized that an Organized Crime Group
Member controls its management;
- B. it has a relationship where it is recognized that an Organized Crime Group
Member is substantially involved in its management;
- C.it has a relationship where it is recognized that it wrongfully uses an
Organized Crime Group Member for the purpose of acquiring a wrongful
gain for itself or a third party, or causing damage to a third party;
- D. it has a relationship where it is recognized that it is involved in providing
money or other benefits or favors to an Organized Crime Group Member;
or
- E. any of its Officers or other persons who are substantially involved in its
management has a socially reprehensible relationship with an Organized
Crime Group Member.
- 10.2. Each party hereto covenants not to engage in any act falling under any of
the following Items, either by itself or through a third party:
- A. make any claim using violence;
- B. make any undue claim in excess of legal liability;
- C. behave threateningly or act violently;
- D. damage the other party’s credibility or obstruct the other party’s business
by spreading false information or by using fraudulent means or force; or
- E. conduct any other act equivalent to any of the foregoing Items.
- 10.3. In the event that either Party hereto or any of its Officers falls under an
Organized Crime Group Member or any of the Items of the preceding Article
10.2, or it has turned out that either party hereto has made a false declaration
regarding the representations or covenants under the provisions of the
preceding two Articles, and such party receives written notice of termination
from the other party, these Terms and Conditions shall cease to be effective on
the date specified in such notice.
- 10.4. The party who has received notice of termination under the preceding
Article 10.2 shall not claim against the other party any damage arising from
such termination of these Terms and Conditions provided, however, that this
shall not preclude the other party from claiming compensation for damages.
- 10.5. In the event that these Terms and Conditions terminate pursuant to the
provisions of Article 10.3, these Terms and Conditions shall cease to be
effective for the future, and each party shall promptly return the necessary
property or perform the necessary obligations to the other party.
- 10.6. You agree that you shall be subject to investigation, at KKday’s request,
by KKday or its designated representative at reasonable times as KKday shall
consider necessary to ensure compliance with this Article.
11.Anti-Bribery
- 11.1. Both you and KKday shall guarantee that it will not, directly or indirectly,
pay any commission, remuneration, rebate, or provide any gift or
entertainment to the other Party as well as any personnel related to the
Collaboration. In addition, no arrangement shall be made with the other Party
or any personnel related to the Collaboration on the matters described
hereinabove. However, the foregoing restriction does not apply to provision of
promotional gifts of small amounts according to normal business practice.
12. Force Majeure
- 12.1. In the event that either you or KKday cannot perform the Collaboration
due to reasons beyond reasonable control of both Parties, such as wars,
earthquakes, landslides, tsunamis, lightning strikes, floods, fires, government
actions, hacking attacks, technical control of telecommunication sector or
major pandemic diseases, the affected Party shall immediately notify the other
Party, as well as provide the evidence within a reasonable time limit. In an
emergency situation, the Parties shall take reasonable and appropriate
measures to prevent increase of losses, and the liabilities hereunder will be
waived in whole or in part according to the degree of impact. However, if the
force majeure event occurs after the delayed performance by a Party, the
liability of such Party that delayed its performance cannot be waived.
- 12.2. In the event that any order cannot be completed or is delayed due to
force majeure event, both Parties shall promptly negotiate with the Customers
and adjust the content of the order. The Parties shall negotiate as to how the
increased costs incurred shall be shared between the Parties.
13.Termination
-
13.1. n the event that any of the following occurs, KKday is entitled to
terminate the Collaboration, and you shall indemnify KKday for all damages,
losses and expenses suffered. If you are using prepayment as your settlement
method, KKday is entitled to terminate the Collaboration without returning the
prepayment paid by you. You shall not claim against KKday any damages,
losses and expenses arising from the termination of these Terms and
Conditions.
- A. You disclose KKday’s trade secrets obtained in the course of business
activities;
- B. KKday is subject to administrative penalties due to reason(s) attributable
to you;
- C. You fail to cure the breach or refuse to indemnify KKday’s losses when in
breach of these Terms and Conditions;
- D. Any of the representations and warranties made by you is false or untrue
or inaccurate;
- E. You commit any other breach of these Terms and Conditions.
- 13.2. Unless otherwise provided in these Terms and Conditions, if either Party
wishes to terminate the Collaboration early, such Party shall provide one (1)-
month prior written notice to the other Party. In the event that either Party
terminates the Collaboration without the consent of the other Party, the
terminating Party shall compensate the other Party for any economic loss as
well as reputational damage arising therefrom.
- 13.3. The Collaboration shall cease to be effective upon termination and each
party shall promptly return the necessary property or perform the necessary
obligations to the other party. Any order confirmed by both Parties within the
effective period of the Collaboration shall continue to be performed
notwithstanding the expiration or termination of the Collaboration, unless
otherwise agreed by both Parties.
- 13.4. In the event of bankruptcy, reorganization, dissolution, liquidation,
suspension or termination of business, or any assignment for the rights and
benefits of creditors by either Party, the other Party may terminate the
Collaboration in writing without any liabilities.
14.Liability for Breach
-
14.1. In the event that either Party breaches the obligations under these Terms
and Conditions, the defaulting Party shall, upon receipt of written notice from
the non-defaulting Party, immediately cease its breach and compensate the
non-defaulting Party for all its losses within ten (10) days.
15.Other
- 15.1. The Parties agree that any dispute arising from the Collaboration under
these Terms and Conditions shall first be resolved in good faith by the Parties.
The Parties shall not make any negative comments on the internet or social
media or press which may affect the reputation of either Party.
- 15.2. The following is incorporated into these Terms and Conditions and shall
have the same legal effect as these Terms and Conditions:
-
A. emails, faxes and other communication records through any IM
applications between the Parties;
- B. PO operating mode and other related attachment agreed by the Parties;
-
C. purchase orders or quotation confirmed and agreed by the Parties;
- D. Any supplementary or amendment agreement concerning matters not
mentioned herein made by the Parties.
- 15.3. These Terms and Conditions shall be governed and interpreted in
accordance with the laws of the country of incorporation of the KKday entity
contracting with you as stipulated in Annex 1. Both Parties agree to submit any
dispute arising out of these Terms and Conditions to the court of first instance
in the country of incorporation of the KKday entity contracting with you as
stipulated in Annex 1.
ANNEX 1
- A. For credit card settlement method, the KKday entity contracting with you shall be
determined by the payment currency and type of products as shown in the table
below：
| KKday contracting entity |
Payment currency and product type |
酷遊天國際旅行社股份有限公司
(Taiwanmania.com International Travel
Service Co., Ltd.) |
TWD
(travel-related products) |
酷遊天股份有限公司
(KKday.com International Company
Limited (Taiwan)) |
TWD
(non-travel-related products) |
酷遊天國際旅行社股份有限公司
(Taiwanmania.com International Travel
Service Co., Ltd.) |
CNY
(travel-related products) |
酷遊天股份有限公司
(KKday.com International Company
Limited (Taiwan)) |
CNY
(non-travel-related products) |
酷遊天國際旅行社股份有限公司
(Taiwanmania.com International Travel
Service Co., Ltd.) |
KRW
(travel-related products) |
酷遊天股份有限公司
(KKday.com International Company
Limited (Taiwan)) |
KRW
(non-travel-related products) |
| WELL C TRAVEL LIMITED |
HKD |
| KKDAY SINGAPORE PTE. LTD. |
SGD |
| KKDAY SERVICES MALAYSIA SDN. BHD. |
MYR |
| CÔNG TY TNHH KKDAY VIỆT NAM |
VND
(VNPay) |
酷遊天國際旅行社股份有限公司
(Taiwanmania.com International Travel
Service Co., Ltd.) |
VND
(TapPay) (travel-related products) |
酷遊天股份有限公司
(KKday.com International Company
Limited (Taiwan)) |
VND
(TapPay) (non-travel-related products) |
| KKDAY SINGAPORE PTE. LTD. |
Other currencies (excluding JPY) |
- B. For prepayment settlement method, the KKday entity contracting with you shall
be determined by the payment currency and type of products as shown in the table
below. If you wish to use USD as the payment currency, please contact KKday
separately and both Parties shall sign a separate written agreement：
| KKday contracting entity |
Payment currency and product type |
酷遊天國際旅行社股份有限公司
(Taiwanmania.com International Travel
Service Co., Ltd.) |
TWD
(travel-related products) |
酷遊天股份有限公司
(KKday.com International Company
Limited (Taiwan)) |
TWD
(non-travel-related products) |
| 北京酷熊國際旅行社有限公司 |
CNY |
| KKDAY CO., LTD. |
KRW |
| WELL C TRAVEL LIMITED |
HKD |
| KKDAY SINGAPORE PTE. LTD. |
SGD |
| KKDAY SERVICES MALAYSIA SDN. BHD. |
MYR |
| CÔNG TY TNHH KKDAY VIỆT NAM |
VND |
| KKDAY (THAILAND) CO., LTD. |
THB |
| KKDAY AUSTRALIA PTY LTD |
AUD |
| KKDAY.COM INTERNATIONAL COMPANY PHILIPPINES |
PHP |
- Last updated on 4 June 2025
