Terms of Use - Hotelysis Services

Article 1. Purpose

The purpose of these Terms of Use is to outline rights and responsibilities of Hotelysis Corporation (the “Company”) and the users in association with the online internet services (the “Services”) provided by the “Company” at the homepage (hotelysis.com, websites under the sub-domains and applications provided at the websites, collectively referred as the “Homepage” hereinafter).

Article 2. Definitions

① “Users” mean individuals or corporates accessing the “Homepage” to use the “Services” provided at the “Homepage” under these Terms of Use, including “Members” and “Non-members”.

② “Members” mean individuals or corporates who have signed up for the membership to continuously use the “Services” provided at the “Homepage”, under these Terms of Use.

③ “Non-members” mean individuals or corporates who use the “Services” provided to the limited degree at the “Homepage”, without signing up for the membership.

Article 3. Clarification and Revision of the Terms of Use

① The “Company” shall post these Terms of Use, the registered name of the business and its representative, address of the business office (including the address of the place where customer supports can be requested and/or provided), telephone number, e-mail address, fax number, business registration number, mail-order business declaration number, and personal information management manager on the front page of the “Homepage” in order for “Members” to easily identify those (the contents of these Terms of Use can be displayed via the connection screen).

② The “Company” may revise or amend these Terms of Use to the extent permitted under the applicable laws including the Act on the Consumer Protection in Electronic Commerce, the Act on the Regulation of Terms and Conditions, the Framework Act on Electronic Documents and Transactions, the Electronic Financial Transactions Act, the Digital Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Act on Door-to-Door Sales, and the Framework Act on Consumers.

③ When the “Company” revises or amends these Terms of Use, the “Homepage” shall provide the date of effect and the reasons for such revision, along with the current version of the terms, on the front page of the “Homepage” at least seven(7) days in advance. However, when the change of these Terms of Use is expected to have material impact on the “Users”’ rights and responsibilities, notification about such change shall be provided at least thirty(30) days in advance. In this case, the “Homepage” shall provide both current and new versions of the Terms of Use to make sure that the “Users” can easily understand the difference.

④ Any change in these Terms of Use shall be applied only to the “Users” who accept the new terms on or after the date of effect, unless the existing “Users” express their intention to accept the new terms within the notification period set by Item 3 above.

⑤ Any matters not prescribed in these terms and conditions shall be governed by the relevant laws and regulations as well as the operational policies and the guidelines for individual services (hereinafter referred to as the "Detailed Guidelines"). In addition, if these terms and conditions conflict with the contents of the "Detailed Guidelines", the "Detailed Guidelines" apply.

Article 4. Scope of the Services Provided

① The "Services" provided at the “Homepage” by the “Company” are composed of the following items:

  1. Market Intelligence: provides the visualized analysis of lodging market trends data, which can be classified further down to the Time Series Data providing the analysis of long-term time series analysis for major financial indicators and the Market Snapshot Data providing the in-depth analysis of details of financial performance for a selected year.
  2. Asset Intelligence: provides the comparative diagnosis of productivity and efficiency of individual lodging properties and the interface to come up with enhancement strategies, which can be classified further down to the Asset Positioning providing the diagnosis report and Business Planning providing the interface to optimize the business plan.
  3. Any other “Services” the “Company” determines to provide at the “Homepage” for the convenience of the “Users” in using the Services, including online contents published by the “Company” in association with the “Services” identified in the Item 1 and 2 above.

② In principle, the “Services” shall be provided only to the “Members”, while the “Company” may provide the “Services” to “Non-members” if the “Company” determines necessary for public welfare or for assistance in making decisions to apply for the membership.

③ The Services are classified into the complimentary services and the paid services as following:

  1. Complimentary Services: There is no charge for the “Services” outlined in the Item 1 of Paragraph 1 above if provided at the level of metropolitan market and property type as classified in accordance with KSIC 10th Edition, and the “Services” outlined in the Item 3 of Paragraph 1 above provided under the domain of hotelysis.com.
  2. Paid Services: All the “Services” other than the ‘Complimentary Services’ shall be provided for charges, and the “Company” shall provide the price information together with the relevant user guides at the “Homepage”.
Article 5. Interruption of the Services

① The “Company” may suspend the “Services” in the event of the maintenance, repair, exchange, breakdown, or interruption of information communication facilities, such as computers, until the circumstance is resolved.

② The “Company” may redeem the “Members”, who have already paid for the relevant “Services, for damages caused by such interruption of the “Services”, if the “Company” is proved to be responsible for such interruption.

③ If the “Company” is no longer able to provide the “Services” due to change of business or merger with different businesses, the “Company” shall notify the “Members” of discontinuation of the “Services” in accordance with Article 6 hereof, and may redeem the “Members” in accordance with any separate agreement, if any, to the extent such discontinuation is caused by willful misconduct or gross negligence by the “Company”.

Article 6. Notification to the Members

① The “Company” may give notifications to the "Member" through the specified email address provided to the “Homepage” at registration.

② If the notifications shall be provided to unspecified number of “Members”, individual notifications can be replaced with posting on the bulletin board at the “Homepage” for at least one(1) week. However, individual notifications shall still be provided for matters that have a significant impact on the transactions between the “Company” and the “Members”.

Article 7. Protection of Personal Information

① The “Company” shall collect personal information at the “Homepage” to the extent it is necessary for providing the “Services” to the “Users”. The following items are required, and the other items are optional.

  1. Name
  2. Phone number (or a mobile phone number)
  3. ID (for the “Members”)
  4. Password (for the “Members”)
  5. Email address

② The “Company” shall use the collected personal information of the “Users” only for the identification purposes and shall not collect any personal information of the “Users” unless it is required to provide the “Services” pursuant to these Terms of Use.

③ When collecting or using the personal information of the “Users”, the “Company” shall notify the purpose to and obtain consents from the “Users” in advance.

④ The “Company” shall not use any personal information for any purposes other than notified to and consented by the “Users”. When a new purpose of use arises or when the personal information is to be provided to a third-party, the “Company” shall notify the “Users” of such and obtain the consent by the “Users” before taking any action, except:

  1. When it is required for public statistics, academic research, or provided in a form that does not identify a specific individual
  2. When it is required for the payment in association with transactions of the “Services” in the “Homepage”
  3. When identity verification is required to prevent misuse, abuse or theft of personal information
  4. When it is required by the laws and regulations
  5. When the relevant laws and regulations specified otherwise

⑤ When the “Company” uses the personal information of the “Users”, the “Company” shall specify or provide information required under the Act on Promotion of Information and Communications Network Utilization and Information Protection, including personal information manager (job title, name, telephone number and contact information), purpose of collection and use, and third-parties using the personal information (recipient, purpose and content), and obtain a prior consent of the “Users” pursuant to Item 3 and Item 4 above. The “Users” may withdraw their consent at any time.

⑥ The “Users” can request access to their personal information held at the “Homepage” and request for correction of errors at any time. The “Company” is obligated to take necessary actions to accommodate such request without delay. If the “Users” request correction of errors, the “Company” shall not use such personal information until the errors are corrected.

⑦ In order to protect the personal information, the “Company” shall limit the number of people who handle the personal information of the “Users” to a minimum, and shall be liable for the User’s damage caused by willful misconduct or gross negligence by the “Company”.

⑧ The “Company” or any third-party who receives personal information from the “Homepage” shall destroy such personal information immediately when the purpose of collection and use of the personal information is achieved.

⑨ The “Company” shall not leave the consent boxes for collecting and using the personal information checked by default. In addition, the “Homepage” shall specify the consequences of not giving the consent, and shall not limit or decline the applications for membership and/or ‘Paid Services’ due to not giving the consent on use of the personal information other than required.

Article 8. Obligations of the Company

① The “Company” shall not perform any act against the laws, these Terms of Use or public orders, and shall exercise its commercially reasonable efforts to provide reliable “Services” in accordance with these Terms of Use.

② The “Company” shall establish a security system to protect the personal information of the “Users” (including credit card information) so that the “Users” can use the “Services” safely.

③ The “Company” shall be responsible for damages to the “Users” caused by any unfair labeling or unauthorized advertising with regard to the “Services”, as specified in Article 3 of the Act on Fair Labeling and Advertising.

④ The “Company” shall not send commercial advertising emails to the “Users” without the “Users”’ prior consents.

Article 9. Obligations of the Users

The “Users” shall not do the following:

  1. Provide or register false information to the application forms
  2. Use the personal information of the other “Users”
  3. Change information posted on the “Homepage” without approval of the “Company”
  4. Send or post information (computer programs, etc.) other than approved by the “Company”
  5. Infringe intellectual property rights, such as copyrights of the “Company”, the “Homepage” and/or other third-parties, without prior consents by the subject parties
  6. Damage the reputation of the “Company”, the “Homepage” and/or other third-parties, or interrupt their businesses
  7. Post obscene or violent messages, images, sounds, or other information that is contradictory to any public order and/or conventions.
Article 10. Copyright and Restrictions of Use

① The copyright and other intellectual property rights for the proprietary work of the “Company” belong to the “Company”, unless provided to the “Users” without any revision, amendment or reproduction by the “Company”.

② The “Users” shall not, directly or indirectly, transform, copy, distribute, publish, exhibit, sell, broadcast, or allow any third-party to use any information acquired during the use of the “Homepage”, without prior consent of the “Company”.

③ The “Company” shall notify the “User” and obtain a prior consent when the “Homepage” is to use the work whose copyright belongs to the “User”.

Article 11. Indemnification regarding the Services

① If the “Services” cannot be provided due to natural disasters, war, or other force majeure events, the liability of the “Company” for providing the Service shall be waived.

② The “Company” shall not be liable for any obstacles or damages in using the “Service” due to reasons attributable to the “Users”.

③ The “Company” shall not be liable for failures to provide the “Services” if such interruption is caused by telecommunication service providers.

④ The “Company” shall not be liable for damages caused by unavoidable reasons such as repair, replacement, regular inspection, and construction of service equipment.

⑤ The “Users” are responsible for protecting their own mandatory registration items (mobile phone number, email address, etc.) and passwords that they have provided to the “Homepage” to use the “Services”, and the “Company” shall not be liable for any damage caused by the leakage of such information by the “User”, whether intended or unintended.

⑥ The “Company” shall not be liable for any damages caused by the computer system of the “User” or the poor management of the personal information by the “User”.

⑦ The “Company” shall not be obligated to intervene in disputes that occur among the “Users” or between the “Users” and third-parties in association with the “Services”, and shall not be liable for damages caused in association with such disputes.

⑧ The “Company” shall not be responsible for the validity, suitability, legal rationality, copyright compliance, etc. of the contents provided at or linked to the “Homepage”, or included in partner companies (including websites), and shall not be liable for any loss or damage caused by them.

⑨ The “Users” shall be liable for any loss or damage that may occur by reproducing the “Services” provided at the “Homepage”, and the “Company” shall not be liable for such damages.

Article 12. Dispute Resolutions

① The “Company” shall operate a separate place or section handling the feedback of the “Users” or complaints at the “Homepage”, and notify the “Users” if such feedback or complaints cannot be processed on time.

② The request for damage relief by the “Users” in association with disputes with the “Company” shall be subject to the arbitration by arbitrators designated by the Fair Trade Commission, the mayor or the governor.

③ When the “Services” at the “Homepage” is reused commercially and/or distributed to third-parties for profit, the copyright fee shall be charged directly to the “User”, indirectly through a legal representative, or by way of a litigation pursuant to the copyright laws.

Article 13. Jurisdiction and Governing Law

① The “Company” and the “Users” agree upon that Seoul Central District Court is the exclusive jurisdiction for any dispute arising out of or in connection with these Terms of Use.

② Any litigation between the “Company” and the “Users” in relation to these Terms of Use shall be governed by the laws of the Republic of Korea.

Article 14. Effective Date

This Terms of Use shall be taken into effect on August 1, 2021.