2.1 Creatrip's Modifications
Access and Use of the Services
3.1 Ownership of Content
3.1.1 This Creatrip Platform, the domain name (www.creatrip.com), subdomains, features, contents and application services (including without limitation to any mobile application services) offered periodically by Creatrip in connection therewith are owned and operated by Creatrip.
3.2 Provision and Accessibility of Services
3.2.3 If you link to the Creatrip Platform, Creatrip may revoke your rights to so link at any time, at Creatrip’s sole discretion. Creatrip reserves the right to require prior written consent before linking to the Creatrip Platform.
Creatrip Platform and Content
4.1 Use of the Content
4.1.2 If Creatrip agrees to grant you access to the Creatrip Platform and/or the Content, such access shall be non-exclusive, non-transferable and limited license to access the Creatrip Platform in accordance with this Terms and Use. Creatrip may, at its absolute discretion and at any time, without prior notice to you, amend or remove or alter the presentation, substance or functionality of any part or all of the Content from the Creatrip Platform.
4.1.3 You shall abide by all copyright notices, trademark rules, information, and restrictions contained in the Creatrip Platform and the Content accessed through the Creatrip Platform, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever the Creatrip Platform or the Content or third party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners, or in any way that violates any third party rights.
4.2 Creatrip’s Liability for the Creatrip Platform and Content
4.2.1 Creatrip cannot guarantee the identity of any other users with whom you may interact with in the course of using the Creatrip Platform. Creatrip cannot guarantee the authenticity and accuracy of any content, materials or information which other users or the Operators may provide. All Content accessed by you using the Creatrip Platform is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
4.2.2 Under no circumstances will Creatrip be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Creatrip Platform.
4.3 Sort Order
4.3.1 We provide sorting and filter settings for you to adapt the search results to your preferences using criteria such as availability, price recommendations, Services’ popularity, Services’ reviews or other criteria. We continually optimize the Creatrip Platform to provide you the best experience and may test different default sort order algorithms from time to time.
Intellectual Property Rights
5.1 Intellectual Property
5.1.1 All intellectual property rights subsisting in respect of the Creatrip Platform belong to Creatrip or have been licensed to Creatrip for use on the Creatrip Platform. This Creatrip Platform, the Services and the Content are protected by copyright and other intellectual property rights as collective works and/or compilations, pursuant to applicable copyright laws, international conventions, and other intellectual property laws. You undertake that:
(a) You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any part of the Creatrip Platform and the Content, software, materials, or the Services in whole or in part;
(b) You shall only download or copy the Content (and other items displayed on the Creatrip Platform or related to the Services) for personal and non-commercial use only, provided that you maintain all copyright and other notices contained in such Content; and
(c) You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal and non-commercial use is expressly prohibited without prior written permission from Creatrip or from the copyright holder identified in such Contents copyright notice.
6.1 Uploading of Information
6.1.1 In the course of accessing the Creatrip Platform or using the Services, you may provide information which may be used by Creatrip and/or the Operators in connection with the Services and which may be visible to other users of the Creatrip Platform. You understand that by posting information or content on the Creatrip Platform or otherwise providing content, materials or information to Creatrip and/or the Operators in connection with the Services (“User Submissions”):
(a) You hereby grant to Creatrip and the Operators a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable right to use and fully exploit such User Submissions, including all related intellectual property rights subsisted thereon, in connection with providing the Services and operating the Creatrip Platform and Creatrip’s business, including but not limited to the promotion and redistribution of part or all of the Services and derivative works thereof in any media formats and through any media channels;
(d) You acknowledge and agree that Creatrip retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to Creatrip does not affect your ownership of or right to grant additional non-exclusive licenses to the material in the User Submissions, unless otherwise agreed in writing;
(e) You hereby represent and warrant that any content in your User Submission (including but not limited to text, graphics and photographs) do not infringe any applicable laws, regulations or any third party rights; and
(f) That all the User Submissions publicly posted or privately transmitted through the Creatrip Platform is the sole responsibility of you and that Creatrip will not be liable for any errors or omissions in any content.
Users Representations, Warranties and Undertakings
7.1 Use of the Creatrip Platform and the Services
7.1.1 You represent, warrant and undertake to Creatrip that you will not provide any User Submissions or otherwise use the Creatrip Platform or the Services in a manner that:
(a) Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; or
(b) Violates any law, statute, ordinance or regulation; or
(c) Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or
(d) Involves commercial activities and/or sales without Creatrip’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
(e) Constitutes libel, impersonates any person or entity, including but not limited to any employee or representative of Creatrip; or
(f) Contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.
7.2 Removal of User Submissions
7.2.1 Creatrip reserves the right to remove any User Submissions from this Creatrip Platform at any time, for any reason including but not limited to, receipt of claims or allegations from third parties or authorities relating to such User Submission or if Creatrip is concerned that you may have breached any of the preceding representations, warranties or undertakings, or for no reason at all.
7.3 Responsibility for User Submissions
7.3.1 You remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Creatrip Platform.
7.3.2 You acknowledge and agree that you shall be solely responsible for your own User Submissions and the consequences of posting or publishing all of your User Submissions on the Creatrip Platform. You represent, warrant and undertake to Creatrip that:
(b) Neither the User Submissions nor your posting, uploading, publication, submission or transmittal of the User Submission or Creatrip’s use of the User Submissions, or any portion thereof, on or through the Creatrip Platform and/or the Services will infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, rule or regulation.
7.3.3 You are responsible for all of your activity in connection with using the Creatrip Platform and/or the Services. You further represent, warrant and undertake to Creatrip that you shall not
(a) Conduct any fraudulent, abusive, or otherwise illegal activity which may be grounds for termination of your right to access or use the Creatrip Platform and/or the Services; or
(b) sell or resell any products, services or reservation obtained from or via the Creatrip Platform;
(c) use the Creatrip Platform for commercial or competitive activity or purposes, or for the purpose of making speculative, false or fraudulent bookings or any reservations in anticipation of demand;
(d) Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Creatrip Platform; or
(e) Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity that is expressly prohibited; or
(f) Run maillist, listserv, or any other form of auto-responder, or "spam" on the Creatrip Platform, or any processes that run or are activated while you are not logged on to the Creatrip Platform, or that otherwise interfere with the proper working of or place an unreasonable load on the Creatrip Platform’s infrastructure; or
(g) Use manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of the Creatrip Platform; or (h) Decompile, reverse engineer, or otherwise attempt to obtain the source code of Creatrip Platform.
7.3.4 You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with using the Creatrip Platform and/or the Services.
Registration and Security
8.1 Opening of the Creatrip Account
8.1.1 In the course of using the Services, you may be required to open and maintain an account with Creatrip (“Creatrip Account”).
8.2 Provision of Personal Information
8.2.1 As a condition to using some aspects of the Services, you may be required to register with Creatrip and select a password and user name (“Creatrip User ID”). If you are accessing the Services through a Third Party Website or service, Creatrip may require that your Creatrip User ID be the same as your user name for such Third Party Website or service.
8.2.3 You represent that you shall not: (a) Select or use as a Creatrip User ID a name of another person with the intent to impersonate that person; or (b) Use as a Creatrip User ID a name subject to any rights of a person other than you without appropriate authorization.
8.2.4 Creatrip reserves the right to refuse registration of or to cancel a Creatrip Account at its sole discretion. You shall be responsible for maintaining the confidentiality of your password.
Reviews - Further correspondence - Rights to User Content
9.1. By completing a booking, you agree to receive confirmation messages (in the form of emails and/or app notifications), as well as an invitation email(s) or app notification(s) for you to complete our guest review form which we will send to you after you finish an activity. Leaving a review is optional. For clarity, the confirmation and guest review emails are transactional and are not part of the newsletters or marketing mails, from which you can unsubscribe. The completed guest review may be uploaded onto the relevant activity page on the Creatrip platform within 72 hours of the submission for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Activity. Upon submitting a review, your account may be awarded Creatrip credits, which may be used towards your next booking subject to terms and conditions. Each account may only submit one review per activity booked once or multiple times within the same calendar month. Fraud and abuse will result in the forfeiture of Creatrip credits. Creatrip further reserves the right to deduct any credits directly from your Creatrip account without prior notice.
9.2. By posting a review, you grant Creatrip the full, perpetual, free, transferable and irrevocable rights to all submitted user content. Creatrip reserves the right to translate, edit, adjust, refuse or remove reviews at its sole discretion.
9.3. You confirm you will comply with these Guest Review Guidelines. In addition, you represent and warrant that
9.3.1. you own and control all of the rights to the user content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such user content to or through the platform;
9.3.2. such content is accurate and not misleading; and
9.4. Reviews may not contain obscenities, profanity, inappropriate content, hate speech and offensive content, promotion of illegal conduct, other people’s personal information such as names, phone numbers or email addresses, and irrelevant content such as promotional, invite and reward information. Moreover, reviews may not defame, abuse, harass, or violate the legal rights of others.
9.6. Content submitted by users will be considered non-confidential and Creatrip is under no obligation to treat such content as proprietary information. Without limiting the foregoing, Creatrip reserves the right to use the content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Creatrip is under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to Creatrip. Creatrip shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form of attribution by third parties.
Booking Confirmation, Tickets, Vouchers, Fees and Payment
10.1 Booking Confirmation
10.1.1 Certain Services are stated to be subject to instant confirmation. Other than these Services, any required time for confirmation as stated on the Creatrip Platform is solely for reference only. Actual time required for confirmation may vary.
10.2 Purchase and Use of the Vouchers
10.2.1 Through the Creatrip Platform, you may purchase vouchers from Creatrip for the Services (“Vouchers”) offered by the Operators in the various destinations. Subject to the policy of the relevant Operator, you will receive an email confirmation of your purchase that will contain a Voucher confirmation number (“Confirmation Number”).
10.2.2 In order to use your Voucher, you must appear in person at the meeting point designated by the relevant Operator on time, and present such documents and/or information as may be required by the Operator, that may include your Confirmation Number and/or your printed Voucher. If you fail to appear on time or to provide the required documents or information, no refunds will be granted.
10.2.3 An Operator may also require you to provide an identification document bearing your photo in order to use your Voucher. Neither Creatrip nor the Operator is responsible for lost, destroyed or stolen Vouchers or Confirmation Numbers. Vouchers will be void if the relevant Services to be provided are prohibited by law. If you attempt to use a Voucher in an unlawful manner (e.g., you attempt to use a Voucher for wine tasting when you are under the legal age to do so), the respective Operator may refuse to accept your Voucher, and no refunds will be granted.
10.3 Terms of the Vouchers
10.3.2 Vouchers are admission tickets to one-time events ('Events'): the date(s) on which a Voucher can be used will be stated on the Voucher. If you do not use your Vouchers on or by the date(s) noted on such Vouchers, except as expressly set forth therein, no refunds will be granted.
10.4 Cancelation of Vouchers
10.4.1 You may cancel your Voucher by contacting Creatrip customer service within the cancelation period, as stated at the time of purchase on the Creatrip Platform. Cancelation windows vary on a case by case basis. A Voucher canceled with the required notice will be refunded in full to the credit card you used to purchase such Voucher.
10.4.2 The Operator, not Creatrip, is the offeror of the Services for the Events, to which the Vouchers correspond to, and is solely responsible for accepting or rejecting any Voucher you purchase, as related to all such Services.
10.4.3 Please directly consult with the Operator if you have any enquiries or complaints in respect of the Service you received in connection with your Voucher. Except as expressly set forth herein, all fees paid for Vouchers are non-refundable. Prices quoted for Vouchers are in the currency stated on the Creatrip Platform at the time prior to purchase.
10.4.4 If an Event which you have purchased a Voucher for is canceled by the Operator, Creatrip will notify you as soon as reasonably practicable, and will process a full refund to the credit card you used to purchase such Voucher.
10.5 Required Assistance
10.6 Additional Charges
10.6.1 Creatrip reserves the right to require payment of fees or charges for any Services offered by Creatrip. You shall pay all applicable fees or charges, as described on the Creatrip Platform in connection with such Services selected by you.
10.7 Modifications to Charges
10.7.1 Creatrip reserves the right to change its price list for fees or charges at any time, upon notice to you, which may be sent to you by email or posted on the Creatrip Platform. Your use, or continued use, of the Services offered by Creatrip following such notification constitutes your acceptance of any new or revised fees or charges.
10.8 Creatrip’s Rights and Obligations
10.8.1 Creatrip reserves the right to deny and cancel bookings or purchases of any Services that are deemed in violation of this policy. Such a determination is at Creatrip’s sole discretion.
10.8.2 Creatrip intends to offer or procure the Operators to offer the Services to you at the best price available on the market. You acknowledge and agree that all taxes and additional fees for particular Services that may be payable for using the Services are expressly excluded in determining the best price.
10.8.3 Whilst the Operators are required to provide Creatrip with accurate and updated prices of the Services on the Creatrip Platform, Creatrip cannot guarantee that all prices for the Services provided by the Operators are accurate and updated at all times.
10.9 The above terms and conditions & return policies are appliable to all Creatrip users worldwide.
12.1 Creatrip’s Indemnification
12.2 Creatrip’s Involvement
12.2.1 Creatrip may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect the rights or obligations of Creatrip without Creatrip’s prior written approval. Creatrip reserves the right, at its expense and upon notice to you to assume exclusive defense and control of any claim or action.
Disclaimers and Limitation of Liability
13.1 Parties’ Relationship
13.1.1 Creatrip has no special relationship with or fiduciary duty to you for accessing and using the Creatrip Platform and the Content. You acknowledge that Creatrip has no control over, and no duty to take any action regarding:
(a) Which users gain access to this Creatrip Platform;
(b) What content you access via the Creatrip Platform;
(c) What effects the Content may have on you;
(d) How you may interpret or use the Content; and
(e) What actions you may take as a result of having been exposed to the Content.
13.2 Services and Comments
13.2.1 You acknowledge and agree that the Operators may offer the Services on the Creatrip Platform, and that suggestions or recommendations may be given by the Operators or Users of the Creatrip Platform. Creatrip makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of the Services offered or purchased through the Creatrip Platform.
13.3 Exemption of Liability
13.3.1 In no event will Creatrip, the Creatrip Platform, or any of Creatrip’s holding companies, subsidiaries, affiliates, officers, directors and/or employees be liable for any loss of profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from:
(a) This Creatrip Platform; or
(d) Use of the Creatrip Platform, tools or Services we provide related to the business we operate on the Creatrip Platform by you or any third party; or
(e) Any actual or attempted communication or transaction between users, in each case, even if we have been advised of the possibility of such damages.
13.3.2 These limitations and exclusions apply without regard to whether the damages arise from:
(a) Breach of contract; or
(b) Breach of warranty; or
(c) Strict liability; or
(d) Tort; or
(e) Negligence; or
(f) Any other cause of action, to the maximum extent that such exclusion and limitations are not prohibited by applicable law.
13.3.3 This Creatrip Platform, including all content, software, functions, materials and information made available on or accessed through the Creatrip Platform, is provided on an "as is" basis. To the fullest extent permissible by applicable law, Creatrip makes no representations or warranties of any kind, either express or implied, including but not limited to the content on the Creatrip Platform or the materials, information and functions made accessible through the Creatrip Platform, for any of the Services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the Creatrip Platform, or for Operator ability, fitness for a particular purpose, non-infringement, or that the use of the Services will be uninterrupted or error-free.
13.3.5 You acknowledge and agree that you will not hold or seek to hold Creatrip responsible for the content provided by any Operator or third party and you further acknowledge and agree that Creatrip is not a party to any transaction in relation to the Services provided by any Operator or third party. Creatrip has no control over and does not guarantee the safety of any transaction, tours and/or activities or the truth or accuracy of any listing or other content provided by any Operator or third party on the Creatrip Platform.
13.4.2 In any event, to the fullest extent permissible by the applicable law, Creatrip’s liability, and the liability of any member of Creatrip, to you or any third party in any circumstance arising out of or in connection with the Creatrip Platform is limited to the greater of:
(a) The amount of fees you paid to Creatrip in the twelve months prior to the action giving rise to liability; or
(b) 100,000KRW in the aggregate for all claims.
Interaction with Third Parties
14.1 Links to Third Party Websites
14.1.1 This Creatrip Platform may contain links to third party websites or services (“Third Party Websites”) that are not owned or controlled by Creatrip, or the Services may be accessible by logging in through a Third Party Website. Links to Third Party Websites do not constitute an endorsement or recommendation by Creatrip of such Third Party Websites or the information, products, advertising or other materials available on those Third Party Websites.
14.1.3 Creatrip has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, Creatrip will not and cannot monitor, verify, censor or edit the content of any Third Party Website. By using the Services, you expressly relieve and hold Creatrip harmless from any and all liability arising from your use of any Third Party Website.
14.1.4 Your interactions with organizations and/or individuals found on or through the Services including but not limited to the Operators, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
14.1.5 You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
14.2 Creatrip’s Responsibility
14.2.1 You agree that Creatrip shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Creatrip is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release Creatrip, its holding companies, subsidiaries, officers, directors, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
15.1 Termination by Creatrip
15.2 Effects of Termination
Passports, Visas, Documents, Licenses & Insurances
16.1 Your Responsibilities
16.1.1 It is the responsibility of all passengers, regardless of nationality and destination, to check with the consulate of the country they are visiting for current entry requirements.
16.1.2 As visa and health requirements are subject to changes without notice, Creatrip recommends that you verify health and visa requirements with the appropriate consulate prior to departure.
16.1.3 You acknowledge that some Operators may require you to adhere to local policies and furnish the necessary documents and/or licenses as a prerequisite to using and/or participating in the Services they offer.
16.1.4 Creatrip strongly recommends that you purchase a comprehensive travel insurance policy prior to departure.
16.1.5 It is the responsibility of all customers, regardless of nationality and destination, to check with the custom of the country to where products are shipped to, for current custom requirements.