KABUK INTERNATIONAL INC.
Terms and Conditions
Terms and Conditions
Terms and Conditions
Last Update: June 15, 2025
Last Update: June 15, 2025
This is an agreement between you and Kabuk, regarding the travel concierge service operated by Kabuk (the "Services"). The terms "we", "us", "our", and "Kabuk", refer to Kabuk International Inc., a Delaware corporation. The term "you" or “customer” refers to the customer using our Services and/or booking a reservation through this website (“website” or “Site:) or through our concierge agents.
These Terms and Condition [https://kabuk.com/terms-and-conditions], the Privacy Policy [https://kabuk.com/privacy-policy], the Seller of Travel Disclosure [https://kabuk.com/seller-of-travel- disclosure], and the rules, policies and guidance we provide regarding the Services (collectively, as they may be changed over time, the "Terms") form a part of this agreement and govern your use of the Services. Please read these Terms carefully, as they contain important information about your use of the Services.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING A SITE. YOUR ACCESS AND/OR USE OF A SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT FULLY ACCEPT THESE TERMS, DO NOT USE OR ACCESS A SITE.
NOTICE REGARDING DISPUTE RESOLUTION AND WAIVER OF JURY TRIAL AND CLASS ACTIONS: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND KABUK HAVE AGAINST EACH OTHER RELATING TO THE SITES ARE RESOLVED THESE PROVISIONS INCLUDE EACH PARTY'S WAIVER OF THE RIGHT TO A JURY TRIAL AND RIGHT TO A CLASS ACTION.
By signing up for, accessing, or using our Services, booking any reservations for travel products or services on this website or through our concierge agents, or contacting us, you agree that these Terms then in force shall apply. If you do not agree to these Terms, please do not sign up for, access or use our Services or book any reservations through this website or our concierge agents. By signing up for or using the Services, you agree to the Terms on behalf of yourself and others who use the Services under your account or for whom you have made reservations through our Services.
1. USE OF THE SERVICES
As a condition of your signing
up for, access, and/or use of the Services, you warrant that:
you are at least 18 years of age, as this Site is not targeted towards children under the age of thirteen (13);
you possess the legal authority to create a binding legal obligation;
you will use the Services in accordance with these Terms;
you will only use the Services to make legitimate reservations for you or for another person for whom you are legally authorized to act;
you will inform such other persons about the Terms that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto;
all information supplied by you for the Services is true, accurate, current and complete; and
you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
We retain the right at our sole discretion to deny access to anyone to the Services, at any time and for any reason, including, but not limited to, for violation of these Terms.
2. ACCOUNTS
You may be required to create an account to access or use certain areas of a Site or you may elect to
create an account. If you choose to create an account, you are responsible for maintaining the confidentiality of your account (including your username and password information), and also for
restricting access to such information, your account and your device. You agree to accept responsibility
for all activities that occur under your account or password. Additionally, you agree to notify Us immediately of any unauthorized access or use of your account or password, or any other breach of security.
We reserve the right, including if We become aware that you are under the age of eighteen (18) (or age of majority if higher in your place of residence), to terminate your account or registration, at any time. We do not sell products or services to children and do not permit children to have accounts. We sell products and services to adults, who can purchase items with a credit card or other payment method. If you are under the age of eighteen (18)(or age of majority if higher in your place of residence), you may not have an account and you may use the Sites only with the involvement of a parent or guardian.
Should We determine that your account information may be compromised due to your personal device being infected with a virus, malware, other malicious code, or due to other theft of your account information, We reserve the right to invalidate, delete, or otherwise modify your account in order to protect your account, the accounts of account holders, and other Kabuk systems from further damage or exposure. This may include proactively changing your password. Should this need arise, We will make reasonable efforts to inform you of any modifications made, via the email address listed for your account.
As part of our Service, we may offer other services and may change them and their features from time to time. If you sign up for one of Kabuk’s services, you agree to any additional terms, conditions and
limitations provided at the time of signing up.
3. CREDITS
Kabuk may issue you credits redeemable for the Services ("Credits"). You may also purchase Credits. We may also issue you Credits as part of a Service promotion or incentive (“Bonus Credits”). Credits and Bonus Credits may only be redeemed on the Services, have no cash value, are non-transferrable and non-refundable. Credits and Bonus Credits shall expire if not used within 18 months of issuance.
4. FEES, RENEWAL, CONTENT AND PRICING
To use the travel planning services of Kabuk, you must pay a non-refundable planning fee of fifty dollars
($50.00) per passenger. The planning fees may change at any time.
All features, content, availability, specifications, and prices of the Services described or depicted on the Site are subject to change at any time without notice. The inclusion of any Services on a Site at a particular time does not imply or warrant that these Services will be available at any time. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out-of-date. We make no representation as to the completeness, accuracy or currency of any information on the Site. For example, services included on a Site may be unavailable, may have different attributes than those listed, or may carry a different price than what is stated on the Site.
Payment Structure and Travel Credit Conversion
When you confirm a trip itinerary through the Services, the total cost of your trip is divided into equal monthly installments based on the number of months remaining until your scheduled travel date. Each installment payment is applied to your account in the form of Kabuk Travel Credits, which may only be redeemed through the Kabuk platform for eligible travel bookings.
For every dollar you contribute toward your trip, you will receive Travel Credits equal to that amount, plus a 10% promotional Bonus Credit added by Kabuk. For example, a $450 installment will result in $500 in Travel Credits applied to your account.
The planning fee, travel Credits and Bonus Credits are non-refundable and non-transferable, even if your
trip is canceled.
In the event of cancellation, all previously issued Credits and Bonus Credits will remain in your account
and may be applied toward a future trip booked through Kabuk.
By making a payment, you agree that you are purchasing Travel Credits and that the transaction is final. Refunds will not be issued for installment contributions or for any portion of your account balance, regardless of travel status.
5. PROHIBITED ACTIVITIES
The content and information on this website (including, but not limited to, price and availability of travel services) as well as the infrastructure used to provide such content, information, and Services, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through the Services, you agree not to otherwise 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 or through this website or the Services. Additionally, you agree not to:
use this website, its contents, or the Services for any commercial purpose;
make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
access, monitor or copy any content or information of this website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
violate the restrictions on this website or bypass or circumvent other measures employed to prevent or limit access to this website or the Services;
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 this website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
"frame", "mirror" or otherwise incorporate any part of this website into any other website without our prior written authorization.
Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of this website shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse, suspicious activity, signs of fraud, or abuse of the travel services reservation facilities of this website may result in Kabuk cancelling any Services and/or bookings associated with your name, email address, or account, and closing any associated Kabuk accounts.
Kabuk may also cancel any bookings associated with your name, email address, or account, and close any associated Kabuk accounts if you have made multiple reservations on this website and Kabuk considers (acting reasonably) that any such reservation is for the purposes of reselling. Kabuk reserves its right not to refund you for the cancelled reservations. In addition, Kabuk may verify (i.e. preauthorize) your credit card. If your booking or account shows signs of fraud, abuse or suspicious activity, Kabuk may cancel any travel or service reservations associated with your name, email address or account, and close any associated Kabuk accounts. If you have conducted any fraudulent activity, Kabuk reserves the right to take any necessary legal action and you may be liable for monetary losses to Kabuk, including litigation costs and damages. To contest the cancellation of a booking, or freezing or closure of an account, please contact us at the contact information listed in these Terms below.
6. PRIVACY POLICY
Please refer to Kabuk’s Privacy Policy [https://kabuk.com/privacy-policy] to review how information about users of this website and the Services is collected, used and shared.
7. SUPPLIER RULES AND RESTRICTIONS
Additional terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these additional terms and conditions carefully. In particular, if you have purchased an airfare, please ensure you read the full terms and conditions of carriage issued by the supplier, which can be found on the supplier’s website. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice.
We reserve the right to cancel your booking if full payment is not received in a timely fashion.
Kabuk may offer customers the opportunity to book a reservation for a combination of two one—way tickets instead of a roundtrip ticket. Combined one-way tickets may provide a greater choice of flights, are often cheaper and can be combined on the same airline or on different airlines. Unlike roundtrip tickets, each one-way ticket is subject to its own rules, restrictions, and fees. If one of these flights is affected by an airline change (e.g. cancellation or rescheduling) that causes a customer to make changes to the other flight, the customer will be responsible for any fees incurred for making changes to the unaffected flight.
For certain carriers, the price of your flight has been converted from a different currency for convenience purposes to provide you an estimate of the amount of the purchase in your local currency. As a result, when you book, the amount charged to your credit card by the airline may be slightly different due to currency fluctuations. Your statement may also include an applicable fee from your card issuer to process the transaction plus any applicable taxes for international purchases.
Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years' imprisonment and penalties of $250,000 or more (49 U.S.C. 5124).
Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person.
You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
8. PREPAID HOTEL RESERVATIONS
You acknowledge that Kabuk pre-negotiates certain room rates with hotel suppliers to facilitate the booking of reservations. You also acknowledge that Kabuk provides you services to facilitate such booking of reservations for a consideration (the "facilitation fee"). The room rate displayed when booking is a combination of the pre-negotiated room rate for rooms reserved on your behalf by Kabuk and the facilitation fee retained by Kabuk for our services. You authorize Kabuk to book reservations for the total reservation price, which includes the room rate displayed, plus tax, recovery charges, service fees, and where applicable, taxes on Kabuk’s services. You agree that your Credits, Bonus Credits, and/or credit card will be charged by Kabuk for the total reservation price. Upon submitting your reservation request you authorize Kabuk, to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.
You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, Kabuk does not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that Kabuk pays to the hotel supplier for taxes due on the hotel's rental rate for the room. The hotel suppliers invoice Kabuk for certain charges, including tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions.
Kabuk does not act as a co-vendor with the supplier with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by Kabuk to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our customers. We retain service fees as additional compensation in servicing your travel reservation. Service fees retained by Kabuk for their services vary based on the amount and type of hotel reservation.
You may cancel your prepaid reservation and receive full credit of all Kabuk Travel Credits paid to date if the cancellation is submitted by 11:59 PM (local time) on the 7th day before the trip, counting back from the day before the scheduled departure date. These Travel Credits will remain in your account and may be applied toward a future booking through the Kabuk platform.
Cancellations made after this time are not eligible for credit or refund. All Travel Credits associated with the cancelled trip will be forfeited.
Sales, use and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (service fee and/or facilitation fee) in certain jurisdictions. The actual tax amounts on our services may vary depending on the rates in effect at the time of your hotel stay.
Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by
Kabuk for your hotel booking.
9. BANK AND CREDIT CARD FEES/CHARGEBACKS
Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since Kabuk may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
Kabuk retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks, and to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut the chargeback claims below, including without limitation:
Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
Chargebacks arising from inconsistency or inaccuracy with regard to the Supplier’s product description.
Chargebacks resulting from force majeure or other circumstances that are beyond the control of Kabuk or the Supplier.
Chargebacks resulting because you do not agree with the cancellation policy.
Chargebacks resulting because you were not provided with an itemized breakdown of costs in connection with your tour.
10. INTERNATIONAL TRAVEL
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Kabuk has no special knowledge regarding foreign entry requirements or travel documents. We urge you to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
Passport and Visa– You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.
Health– Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
Disinsection– Although not common, most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinsection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft's interior surfaces with a residual insecticide while passengers are not on board. For more information,
see: http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm
BY OFFERING RESERVATIONS FOR TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, KABUK DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
11. LIABILITY DISCLAIMER
The information, software, products and Services published on this website may include inaccuracies or errors, including pricing errors. In particular, Kabuk does not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and other travel products and services displayed on this website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, Kabuk expressly reserves the right to correct any pricing errors on our website and/or reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty.
Hotel ratings displayed on this website are intended as only general guidelines, and Kabuk does not guarantee the accuracy of the ratings. Kabuk, our affiliates and partners through which we provide links, service or content (collectively, the "Kabuk Partners"), and their respective suppliers make no guarantees about the availability of specific products and services. Kabuk, the Kabuk Partners and their respective suppliers may make improvements and/or changes on the website at any time.
Kabuk, the Kabuk Partners and their respective suppliers make no representations about the suitability of the information, software, products and services contained on this website for any purpose, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by Kabuk or the Kabuk Partners. All such information, software products, and services are provided “as is” without warranty of any kind. Kabuk, the Kabuk Partners and their respective suppliers disclaim all warranties and conditions that this website, its servers or any email sent from the Kabuk, the Kabuk Partners and/or their respective suppliers are free of viruses or other harmful components. Kabuk, the Kabuk Partners and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non- infringement.
The carriers, hotels and other suppliers providing travel or other services on this website are independent contractors and not agents or employees of Kabuk or the Kabuk Partners. Kabuk and the Kabuk Partners are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. Kabuk and the Kabuk Partners have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
IN NO EVENT SHALL KABUK, THE KABUK PARTNERS AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINING THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES, OR OTHERWISE, AND EVEN IF KABUK, THE KABUK PARTNERS AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, DESPITE THE LIMITATION ABOVE, KABUK, THE KABUK PARTNERS OR THEIR RESPECTIVE SUPPLIERS ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF KABUK, THE KABUK PARTNERS AND/OR THEIR RESPECTIVE SUPPLIERS WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE SERVICE FEES YOU PAID TO KABUK IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE, OR (B) ONE- HUNDRED DOLLARS (US$100.00).
THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS INURE TO THE BENEFIT OF KABUK, THE KABUK PARTNERS, AND/OR THEIR RESPECTIVE SUPPLIERS.
12. INDEMNIFICATION
You agree to defend and indemnify Kabuk, the Kabuk Partners, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
your breach of these Terms or the documents referenced herein;
your violation of any law or the rights of a third party; or
your use of this website.
13. LINKS TO THIRD-PARTY SITES
This website may contain hyperlinks to websites operated by parties other than Kabuk. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
14. REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS
We appreciate hearing from you. Please be aware that by submitting content to this website by electronic mail, postings on this website or otherwise, including any hotel reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Kabuk and the Kabuk Partners, a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Kabuk may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant the Kabuk the right to pursue at law any person or entity that violates your or Kabuk’s rights in the Submissions by a breach of these Terms. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by us, the Kabuk Partners or any of our partners or licensees. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these Terms, please do not provide us with any Submissions.
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this website). You are prohibited from posting or transmitting to or from this website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this website. You acknowledge that Kabuk may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you.
15. COPYRIGHT AND TRADEMARK NOTICES
All contents of this website are the copyright of Kabuk. All rights reserved. All content and other materials on this website, including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Content") are the proprietary property of Kabuk . Other logos and product and company names mentioned herein may be the trademarks of their respective owners. Kabuk is not responsible for content on websites operated by parties other than Kabuk International Inc.
If you are aware of an infringement of our brand, please let us know by emailing us at [jeffrey@kabuk.com]
16. REGISTRATIONS
Kabuk is a registered seller of travel in California. Kabuk’s registration number is [2165210-40]. Registration as a seller of travel in California does not constitute the state's approval and Kabuk is a participant in the California Travel Consumer Restitution Fund.
17. MODIFICATION OF THESE TERMS
We reserve the right, in our sole discretion, to change, modify, delete or otherwise alter portions of these Terms at any time. Any such change, modification, deletion or alteration shall be effective immediately upon posting the same on this Website. Please check these Terms periodically for changes. Your continued use of the Services following the posting of such changes constitutes your affirmative acceptance of such changes.
18. GOVERNING LAW/VENUE
Kabuk is a Delaware corporation, and these Terms and your use of the website and Services shall be governed by and construed in accordance with the laws of the State of Delaware, exclusive of its choice
of law rules. Any dispute, controversy or claim arising under, out of, in connection with or in relation to
these Terms and/or your use of the website or Services may only be brought in a court of competent jurisdiction in Delaware, and each party hereby consents to the jurisdiction and venue of such court and waives any objections thereto. In any action arising under, out of, in connection with or in relation to these Terms and/or your use of the website or Services, the prevailing party will be entitled to costs and attorney's fees. Use of the website and Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
YOU AGREE THAT BY ENTERING INTO THESE TERMS YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT YOU MAY BRING CLAIMS AGAINST KABUK ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE CLASS ACTION WAIVER IS AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND CAN NOT BE SEVERED FROM THIS AGREEMENT.
19. MISCELLANEOUS
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this website or Services or information provided to or gathered by us with respect to such use.
If any provision of these Terms is found invalid, void, or for any reason unenforceable, that provision is severable and does not affect the validity and enforceability of the remainder of the Terms. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
These Terms (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and Kabuk with respect to this website, our Services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
20. CONTACT US
Kabuk International Inc.
16192 Coastal Highway
Lewes, Delaware 19958
Telephone: +1-302-645-7400
Email: concierge@kabuk.com
1. USE OF THE SERVICES
As a condition of your signing
up for, access, and/or use of the Services, you warrant that:
you are at least 18 years of age, as this Site is not targeted towards children under the age of thirteen (13);
you possess the legal authority to create a binding legal obligation;
you will use the Services in accordance with these Terms;
you will only use the Services to make legitimate reservations for you or for another person for whom you are legally authorized to act;
you will inform such other persons about the Terms that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto;
all information supplied by you for the Services is true, accurate, current and complete; and
you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
We retain the right at our sole discretion to deny access to anyone to the Services, at any time and for any reason, including, but not limited to, for violation of these Terms.
2. ACCOUNTS
You may be required to create an account to access or use certain areas of a Site or you may elect to
create an account. If you choose to create an account, you are responsible for maintaining the confidentiality of your account (including your username and password information), and also for
restricting access to such information, your account and your device. You agree to accept responsibility
for all activities that occur under your account or password. Additionally, you agree to notify Us immediately of any unauthorized access or use of your account or password, or any other breach of security.
We reserve the right, including if We become aware that you are under the age of eighteen (18) (or age of majority if higher in your place of residence), to terminate your account or registration, at any time. We do not sell products or services to children and do not permit children to have accounts. We sell products and services to adults, who can purchase items with a credit card or other payment method. If you are under the age of eighteen (18)(or age of majority if higher in your place of residence), you may not have an account and you may use the Sites only with the involvement of a parent or guardian.
Should We determine that your account information may be compromised due to your personal device being infected with a virus, malware, other malicious code, or due to other theft of your account information, We reserve the right to invalidate, delete, or otherwise modify your account in order to protect your account, the accounts of account holders, and other Kabuk systems from further damage or exposure. This may include proactively changing your password. Should this need arise, We will make reasonable efforts to inform you of any modifications made, via the email address listed for your account.
As part of our Service, we may offer other services and may change them and their features from time to time. If you sign up for one of Kabuk’s services, you agree to any additional terms, conditions and
limitations provided at the time of signing up.
3. CREDITS
Kabuk may issue you credits redeemable for the Services ("Credits"). You may also purchase Credits. We may also issue you Credits as part of a Service promotion or incentive (“Bonus Credits”). Credits and Bonus Credits may only be redeemed on the Services, have no cash value, are non-transferrable and non-refundable. Credits and Bonus Credits shall expire if not used within 18 months of issuance.
4. FEES, RENEWAL, CONTENT AND PRICING
To use the travel planning services of Kabuk, you must pay a non-refundable planning fee of fifty dollars
($50.00) per passenger. The planning fees may change at any time.
All features, content, availability, specifications, and prices of the Services described or depicted on the Site are subject to change at any time without notice. The inclusion of any Services on a Site at a particular time does not imply or warrant that these Services will be available at any time. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out-of-date. We make no representation as to the completeness, accuracy or currency of any information on the Site. For example, services included on a Site may be unavailable, may have different attributes than those listed, or may carry a different price than what is stated on the Site.
Payment Structure and Travel Credit Conversion
When you confirm a trip itinerary through the Services, the total cost of your trip is divided into equal monthly installments based on the number of months remaining until your scheduled travel date. Each installment payment is applied to your account in the form of Kabuk Travel Credits, which may only be redeemed through the Kabuk platform for eligible travel bookings.
For every dollar you contribute toward your trip, you will receive Travel Credits equal to that amount, plus a 10% promotional Bonus Credit added by Kabuk. For example, a $450 installment will result in $500 in Travel Credits applied to your account.
The planning fee, travel Credits and Bonus Credits are non-refundable and non-transferable, even if your
trip is canceled.
In the event of cancellation, all previously issued Credits and Bonus Credits will remain in your account
and may be applied toward a future trip booked through Kabuk.
By making a payment, you agree that you are purchasing Travel Credits and that the transaction is final. Refunds will not be issued for installment contributions or for any portion of your account balance, regardless of travel status.
5. PROHIBITED ACTIVITIES
The content and information on this website (including, but not limited to, price and availability of travel services) as well as the infrastructure used to provide such content, information, and Services, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through the Services, you agree not to otherwise 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 or through this website or the Services. Additionally, you agree not to:
use this website, its contents, or the Services for any commercial purpose;
make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
access, monitor or copy any content or information of this website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
violate the restrictions on this website or bypass or circumvent other measures employed to prevent or limit access to this website or the Services;
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 this website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
"frame", "mirror" or otherwise incorporate any part of this website into any other website without our prior written authorization.
Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of this website shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse, suspicious activity, signs of fraud, or abuse of the travel services reservation facilities of this website may result in Kabuk cancelling any Services and/or bookings associated with your name, email address, or account, and closing any associated Kabuk accounts.
Kabuk may also cancel any bookings associated with your name, email address, or account, and close any associated Kabuk accounts if you have made multiple reservations on this website and Kabuk considers (acting reasonably) that any such reservation is for the purposes of reselling. Kabuk reserves its right not to refund you for the cancelled reservations. In addition, Kabuk may verify (i.e. preauthorize) your credit card. If your booking or account shows signs of fraud, abuse or suspicious activity, Kabuk may cancel any travel or service reservations associated with your name, email address or account, and close any associated Kabuk accounts. If you have conducted any fraudulent activity, Kabuk reserves the right to take any necessary legal action and you may be liable for monetary losses to Kabuk, including litigation costs and damages. To contest the cancellation of a booking, or freezing or closure of an account, please contact us at the contact information listed in these Terms below.
6. PRIVACY POLICY
Please refer to Kabuk’s Privacy Policy [https://kabuk.com/privacy-policy] to review how information about users of this website and the Services is collected, used and shared.
7. SUPPLIER RULES AND RESTRICTIONS
Additional terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these additional terms and conditions carefully. In particular, if you have purchased an airfare, please ensure you read the full terms and conditions of carriage issued by the supplier, which can be found on the supplier’s website. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice.
We reserve the right to cancel your booking if full payment is not received in a timely fashion.
Kabuk may offer customers the opportunity to book a reservation for a combination of two one—way tickets instead of a roundtrip ticket. Combined one-way tickets may provide a greater choice of flights, are often cheaper and can be combined on the same airline or on different airlines. Unlike roundtrip tickets, each one-way ticket is subject to its own rules, restrictions, and fees. If one of these flights is affected by an airline change (e.g. cancellation or rescheduling) that causes a customer to make changes to the other flight, the customer will be responsible for any fees incurred for making changes to the unaffected flight.
For certain carriers, the price of your flight has been converted from a different currency for convenience purposes to provide you an estimate of the amount of the purchase in your local currency. As a result, when you book, the amount charged to your credit card by the airline may be slightly different due to currency fluctuations. Your statement may also include an applicable fee from your card issuer to process the transaction plus any applicable taxes for international purchases.
Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years' imprisonment and penalties of $250,000 or more (49 U.S.C. 5124).
Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person.
You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
8. PREPAID HOTEL RESERVATIONS
You acknowledge that Kabuk pre-negotiates certain room rates with hotel suppliers to facilitate the booking of reservations. You also acknowledge that Kabuk provides you services to facilitate such booking of reservations for a consideration (the "facilitation fee"). The room rate displayed when booking is a combination of the pre-negotiated room rate for rooms reserved on your behalf by Kabuk and the facilitation fee retained by Kabuk for our services. You authorize Kabuk to book reservations for the total reservation price, which includes the room rate displayed, plus tax, recovery charges, service fees, and where applicable, taxes on Kabuk’s services. You agree that your Credits, Bonus Credits, and/or credit card will be charged by Kabuk for the total reservation price. Upon submitting your reservation request you authorize Kabuk, to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.
You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, Kabuk does not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that Kabuk pays to the hotel supplier for taxes due on the hotel's rental rate for the room. The hotel suppliers invoice Kabuk for certain charges, including tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions.
Kabuk does not act as a co-vendor with the supplier with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by Kabuk to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our customers. We retain service fees as additional compensation in servicing your travel reservation. Service fees retained by Kabuk for their services vary based on the amount and type of hotel reservation.
You may cancel your prepaid reservation and receive full credit of all Kabuk Travel Credits paid to date if the cancellation is submitted by 11:59 PM (local time) on the 7th day before the trip, counting back from the day before the scheduled departure date. These Travel Credits will remain in your account and may be applied toward a future booking through the Kabuk platform.
Cancellations made after this time are not eligible for credit or refund. All Travel Credits associated with the cancelled trip will be forfeited.
Sales, use and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (service fee and/or facilitation fee) in certain jurisdictions. The actual tax amounts on our services may vary depending on the rates in effect at the time of your hotel stay.
Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by
Kabuk for your hotel booking.
9. BANK AND CREDIT CARD FEES/CHARGEBACKS
Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since Kabuk may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
Kabuk retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks, and to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut the chargeback claims below, including without limitation:
Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
Chargebacks arising from inconsistency or inaccuracy with regard to the Supplier’s product description.
Chargebacks resulting from force majeure or other circumstances that are beyond the control of Kabuk or the Supplier.
Chargebacks resulting because you do not agree with the cancellation policy.
Chargebacks resulting because you were not provided with an itemized breakdown of costs in connection with your tour.
10. INTERNATIONAL TRAVEL
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Kabuk has no special knowledge regarding foreign entry requirements or travel documents. We urge you to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
Passport and Visa– You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.
Health– Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
Disinsection– Although not common, most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinsection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft's interior surfaces with a residual insecticide while passengers are not on board. For more information,
see: http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm
BY OFFERING RESERVATIONS FOR TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, KABUK DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
11. LIABILITY DISCLAIMER
The information, software, products and Services published on this website may include inaccuracies or errors, including pricing errors. In particular, Kabuk does not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and other travel products and services displayed on this website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, Kabuk expressly reserves the right to correct any pricing errors on our website and/or reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty.
Hotel ratings displayed on this website are intended as only general guidelines, and Kabuk does not guarantee the accuracy of the ratings. Kabuk, our affiliates and partners through which we provide links, service or content (collectively, the "Kabuk Partners"), and their respective suppliers make no guarantees about the availability of specific products and services. Kabuk, the Kabuk Partners and their respective suppliers may make improvements and/or changes on the website at any time.
Kabuk, the Kabuk Partners and their respective suppliers make no representations about the suitability of the information, software, products and services contained on this website for any purpose, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by Kabuk or the Kabuk Partners. All such information, software products, and services are provided “as is” without warranty of any kind. Kabuk, the Kabuk Partners and their respective suppliers disclaim all warranties and conditions that this website, its servers or any email sent from the Kabuk, the Kabuk Partners and/or their respective suppliers are free of viruses or other harmful components. Kabuk, the Kabuk Partners and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non- infringement.
The carriers, hotels and other suppliers providing travel or other services on this website are independent contractors and not agents or employees of Kabuk or the Kabuk Partners. Kabuk and the Kabuk Partners are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. Kabuk and the Kabuk Partners have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
IN NO EVENT SHALL KABUK, THE KABUK PARTNERS AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINING THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES, OR OTHERWISE, AND EVEN IF KABUK, THE KABUK PARTNERS AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, DESPITE THE LIMITATION ABOVE, KABUK, THE KABUK PARTNERS OR THEIR RESPECTIVE SUPPLIERS ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF KABUK, THE KABUK PARTNERS AND/OR THEIR RESPECTIVE SUPPLIERS WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE SERVICE FEES YOU PAID TO KABUK IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE, OR (B) ONE- HUNDRED DOLLARS (US$100.00).
THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS INURE TO THE BENEFIT OF KABUK, THE KABUK PARTNERS, AND/OR THEIR RESPECTIVE SUPPLIERS.
12. INDEMNIFICATION
You agree to defend and indemnify Kabuk, the Kabuk Partners, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
your breach of these Terms or the documents referenced herein;
your violation of any law or the rights of a third party; or
your use of this website.
13. LINKS TO THIRD-PARTY SITES
This website may contain hyperlinks to websites operated by parties other than Kabuk. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
14. REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS
We appreciate hearing from you. Please be aware that by submitting content to this website by electronic mail, postings on this website or otherwise, including any hotel reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Kabuk and the Kabuk Partners, a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Kabuk may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant the Kabuk the right to pursue at law any person or entity that violates your or Kabuk’s rights in the Submissions by a breach of these Terms. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by us, the Kabuk Partners or any of our partners or licensees. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these Terms, please do not provide us with any Submissions.
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this website). You are prohibited from posting or transmitting to or from this website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this website. You acknowledge that Kabuk may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you.
15. COPYRIGHT AND TRADEMARK NOTICES
All contents of this website are the copyright of Kabuk. All rights reserved. All content and other materials on this website, including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Content") are the proprietary property of Kabuk . Other logos and product and company names mentioned herein may be the trademarks of their respective owners. Kabuk is not responsible for content on websites operated by parties other than Kabuk International Inc.
If you are aware of an infringement of our brand, please let us know by emailing us at [jeffrey@kabuk.com]
16. REGISTRATIONS
Kabuk is a registered seller of travel in California. Kabuk’s registration number is [2165210-40]. Registration as a seller of travel in California does not constitute the state's approval and Kabuk is a participant in the California Travel Consumer Restitution Fund.
17. MODIFICATION OF THESE TERMS
We reserve the right, in our sole discretion, to change, modify, delete or otherwise alter portions of these Terms at any time. Any such change, modification, deletion or alteration shall be effective immediately upon posting the same on this Website. Please check these Terms periodically for changes. Your continued use of the Services following the posting of such changes constitutes your affirmative acceptance of such changes.
18. GOVERNING LAW/VENUE
Kabuk is a Delaware corporation, and these Terms and your use of the website and Services shall be governed by and construed in accordance with the laws of the State of Delaware, exclusive of its choice
of law rules. Any dispute, controversy or claim arising under, out of, in connection with or in relation to
these Terms and/or your use of the website or Services may only be brought in a court of competent jurisdiction in Delaware, and each party hereby consents to the jurisdiction and venue of such court and waives any objections thereto. In any action arising under, out of, in connection with or in relation to these Terms and/or your use of the website or Services, the prevailing party will be entitled to costs and attorney's fees. Use of the website and Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
YOU AGREE THAT BY ENTERING INTO THESE TERMS YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT YOU MAY BRING CLAIMS AGAINST KABUK ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE CLASS ACTION WAIVER IS AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND CAN NOT BE SEVERED FROM THIS AGREEMENT.
19. MISCELLANEOUS
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this website or Services or information provided to or gathered by us with respect to such use.
If any provision of these Terms is found invalid, void, or for any reason unenforceable, that provision is severable and does not affect the validity and enforceability of the remainder of the Terms. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
These Terms (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and Kabuk with respect to this website, our Services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
20. CONTACT US
Kabuk International Inc.
16192 Coastal Highway
Lewes, Delaware 19958
Telephone: +1-302-645-7400
Email: concierge@kabuk.com
1. USE OF THE SERVICES
As a condition of your signing
up for, access, and/or use of the Services, you warrant that:
you are at least 18 years of age, as this Site is not targeted towards children under the age of thirteen (13);
you possess the legal authority to create a binding legal obligation;
you will use the Services in accordance with these Terms;
you will only use the Services to make legitimate reservations for you or for another person for whom you are legally authorized to act;
you will inform such other persons about the Terms that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto;
all information supplied by you for the Services is true, accurate, current and complete; and
you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
We retain the right at our sole discretion to deny access to anyone to the Services, at any time and for any reason, including, but not limited to, for violation of these Terms.
2. ACCOUNTS
You may be required to create an account to access or use certain areas of a Site or you may elect to
create an account. If you choose to create an account, you are responsible for maintaining the confidentiality of your account (including your username and password information), and also for
restricting access to such information, your account and your device. You agree to accept responsibility
for all activities that occur under your account or password. Additionally, you agree to notify Us immediately of any unauthorized access or use of your account or password, or any other breach of security.
We reserve the right, including if We become aware that you are under the age of eighteen (18) (or age of majority if higher in your place of residence), to terminate your account or registration, at any time. We do not sell products or services to children and do not permit children to have accounts. We sell products and services to adults, who can purchase items with a credit card or other payment method. If you are under the age of eighteen (18)(or age of majority if higher in your place of residence), you may not have an account and you may use the Sites only with the involvement of a parent or guardian.
Should We determine that your account information may be compromised due to your personal device being infected with a virus, malware, other malicious code, or due to other theft of your account information, We reserve the right to invalidate, delete, or otherwise modify your account in order to protect your account, the accounts of account holders, and other Kabuk systems from further damage or exposure. This may include proactively changing your password. Should this need arise, We will make reasonable efforts to inform you of any modifications made, via the email address listed for your account.
As part of our Service, we may offer other services and may change them and their features from time to time. If you sign up for one of Kabuk’s services, you agree to any additional terms, conditions and
limitations provided at the time of signing up.
3. CREDITS
Kabuk may issue you credits redeemable for the Services ("Credits"). You may also purchase Credits. We may also issue you Credits as part of a Service promotion or incentive (“Bonus Credits”). Credits and Bonus Credits may only be redeemed on the Services, have no cash value, are non-transferrable and non-refundable. Credits and Bonus Credits shall expire if not used within 18 months of issuance.
4. FEES, RENEWAL, CONTENT AND PRICING
To use the travel planning services of Kabuk, you must pay a non-refundable planning fee of fifty dollars
($50.00) per passenger. The planning fees may change at any time.
All features, content, availability, specifications, and prices of the Services described or depicted on the Site are subject to change at any time without notice. The inclusion of any Services on a Site at a particular time does not imply or warrant that these Services will be available at any time. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out-of-date. We make no representation as to the completeness, accuracy or currency of any information on the Site. For example, services included on a Site may be unavailable, may have different attributes than those listed, or may carry a different price than what is stated on the Site.
Payment Structure and Travel Credit Conversion
When you confirm a trip itinerary through the Services, the total cost of your trip is divided into equal monthly installments based on the number of months remaining until your scheduled travel date. Each installment payment is applied to your account in the form of Kabuk Travel Credits, which may only be redeemed through the Kabuk platform for eligible travel bookings.
For every dollar you contribute toward your trip, you will receive Travel Credits equal to that amount, plus a 10% promotional Bonus Credit added by Kabuk. For example, a $450 installment will result in $500 in Travel Credits applied to your account.
The planning fee, travel Credits and Bonus Credits are non-refundable and non-transferable, even if your
trip is canceled.
In the event of cancellation, all previously issued Credits and Bonus Credits will remain in your account
and may be applied toward a future trip booked through Kabuk.
By making a payment, you agree that you are purchasing Travel Credits and that the transaction is final. Refunds will not be issued for installment contributions or for any portion of your account balance, regardless of travel status.
5. PROHIBITED ACTIVITIES
The content and information on this website (including, but not limited to, price and availability of travel services) as well as the infrastructure used to provide such content, information, and Services, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through the Services, you agree not to otherwise 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 or through this website or the Services. Additionally, you agree not to:
use this website, its contents, or the Services for any commercial purpose;
make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
access, monitor or copy any content or information of this website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
violate the restrictions on this website or bypass or circumvent other measures employed to prevent or limit access to this website or the Services;
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 this website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
"frame", "mirror" or otherwise incorporate any part of this website into any other website without our prior written authorization.
Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of this website shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse, suspicious activity, signs of fraud, or abuse of the travel services reservation facilities of this website may result in Kabuk cancelling any Services and/or bookings associated with your name, email address, or account, and closing any associated Kabuk accounts.
Kabuk may also cancel any bookings associated with your name, email address, or account, and close any associated Kabuk accounts if you have made multiple reservations on this website and Kabuk considers (acting reasonably) that any such reservation is for the purposes of reselling. Kabuk reserves its right not to refund you for the cancelled reservations. In addition, Kabuk may verify (i.e. preauthorize) your credit card. If your booking or account shows signs of fraud, abuse or suspicious activity, Kabuk may cancel any travel or service reservations associated with your name, email address or account, and close any associated Kabuk accounts. If you have conducted any fraudulent activity, Kabuk reserves the right to take any necessary legal action and you may be liable for monetary losses to Kabuk, including litigation costs and damages. To contest the cancellation of a booking, or freezing or closure of an account, please contact us at the contact information listed in these Terms below.
6. PRIVACY POLICY
Please refer to Kabuk’s Privacy Policy [https://kabuk.com/privacy-policy] to review how information about users of this website and the Services is collected, used and shared.
7. SUPPLIER RULES AND RESTRICTIONS
Additional terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these additional terms and conditions carefully. In particular, if you have purchased an airfare, please ensure you read the full terms and conditions of carriage issued by the supplier, which can be found on the supplier’s website. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice.
We reserve the right to cancel your booking if full payment is not received in a timely fashion.
Kabuk may offer customers the opportunity to book a reservation for a combination of two one—way tickets instead of a roundtrip ticket. Combined one-way tickets may provide a greater choice of flights, are often cheaper and can be combined on the same airline or on different airlines. Unlike roundtrip tickets, each one-way ticket is subject to its own rules, restrictions, and fees. If one of these flights is affected by an airline change (e.g. cancellation or rescheduling) that causes a customer to make changes to the other flight, the customer will be responsible for any fees incurred for making changes to the unaffected flight.
For certain carriers, the price of your flight has been converted from a different currency for convenience purposes to provide you an estimate of the amount of the purchase in your local currency. As a result, when you book, the amount charged to your credit card by the airline may be slightly different due to currency fluctuations. Your statement may also include an applicable fee from your card issuer to process the transaction plus any applicable taxes for international purchases.
Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years' imprisonment and penalties of $250,000 or more (49 U.S.C. 5124).
Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person.
You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
8. PREPAID HOTEL RESERVATIONS
You acknowledge that Kabuk pre-negotiates certain room rates with hotel suppliers to facilitate the booking of reservations. You also acknowledge that Kabuk provides you services to facilitate such booking of reservations for a consideration (the "facilitation fee"). The room rate displayed when booking is a combination of the pre-negotiated room rate for rooms reserved on your behalf by Kabuk and the facilitation fee retained by Kabuk for our services. You authorize Kabuk to book reservations for the total reservation price, which includes the room rate displayed, plus tax, recovery charges, service fees, and where applicable, taxes on Kabuk’s services. You agree that your Credits, Bonus Credits, and/or credit card will be charged by Kabuk for the total reservation price. Upon submitting your reservation request you authorize Kabuk, to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.
You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, Kabuk does not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that Kabuk pays to the hotel supplier for taxes due on the hotel's rental rate for the room. The hotel suppliers invoice Kabuk for certain charges, including tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions.
Kabuk does not act as a co-vendor with the supplier with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by Kabuk to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our customers. We retain service fees as additional compensation in servicing your travel reservation. Service fees retained by Kabuk for their services vary based on the amount and type of hotel reservation.
You may cancel your prepaid reservation and receive full credit of all Kabuk Travel Credits paid to date if the cancellation is submitted by 11:59 PM (local time) on the 7th day before the trip, counting back from the day before the scheduled departure date. These Travel Credits will remain in your account and may be applied toward a future booking through the Kabuk platform.
Cancellations made after this time are not eligible for credit or refund. All Travel Credits associated with the cancelled trip will be forfeited.
Sales, use and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (service fee and/or facilitation fee) in certain jurisdictions. The actual tax amounts on our services may vary depending on the rates in effect at the time of your hotel stay.
Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by
Kabuk for your hotel booking.
9. BANK AND CREDIT CARD FEES/CHARGEBACKS
Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since Kabuk may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
Kabuk retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks, and to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut the chargeback claims below, including without limitation:
Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
Chargebacks arising from inconsistency or inaccuracy with regard to the Supplier’s product description.
Chargebacks resulting from force majeure or other circumstances that are beyond the control of Kabuk or the Supplier.
Chargebacks resulting because you do not agree with the cancellation policy.
Chargebacks resulting because you were not provided with an itemized breakdown of costs in connection with your tour.
10. INTERNATIONAL TRAVEL
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Kabuk has no special knowledge regarding foreign entry requirements or travel documents. We urge you to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
Passport and Visa– You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.
Health– Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
Disinsection– Although not common, most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinsection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft's interior surfaces with a residual insecticide while passengers are not on board. For more information,
see: http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm
BY OFFERING RESERVATIONS FOR TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, KABUK DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
11. LIABILITY DISCLAIMER
The information, software, products and Services published on this website may include inaccuracies or errors, including pricing errors. In particular, Kabuk does not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and other travel products and services displayed on this website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, Kabuk expressly reserves the right to correct any pricing errors on our website and/or reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty.
Hotel ratings displayed on this website are intended as only general guidelines, and Kabuk does not guarantee the accuracy of the ratings. Kabuk, our affiliates and partners through which we provide links, service or content (collectively, the "Kabuk Partners"), and their respective suppliers make no guarantees about the availability of specific products and services. Kabuk, the Kabuk Partners and their respective suppliers may make improvements and/or changes on the website at any time.
Kabuk, the Kabuk Partners and their respective suppliers make no representations about the suitability of the information, software, products and services contained on this website for any purpose, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by Kabuk or the Kabuk Partners. All such information, software products, and services are provided “as is” without warranty of any kind. Kabuk, the Kabuk Partners and their respective suppliers disclaim all warranties and conditions that this website, its servers or any email sent from the Kabuk, the Kabuk Partners and/or their respective suppliers are free of viruses or other harmful components. Kabuk, the Kabuk Partners and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non- infringement.
The carriers, hotels and other suppliers providing travel or other services on this website are independent contractors and not agents or employees of Kabuk or the Kabuk Partners. Kabuk and the Kabuk Partners are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. Kabuk and the Kabuk Partners have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
IN NO EVENT SHALL KABUK, THE KABUK PARTNERS AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINING THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES, OR OTHERWISE, AND EVEN IF KABUK, THE KABUK PARTNERS AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, DESPITE THE LIMITATION ABOVE, KABUK, THE KABUK PARTNERS OR THEIR RESPECTIVE SUPPLIERS ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF KABUK, THE KABUK PARTNERS AND/OR THEIR RESPECTIVE SUPPLIERS WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE SERVICE FEES YOU PAID TO KABUK IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE, OR (B) ONE- HUNDRED DOLLARS (US$100.00).
THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS INURE TO THE BENEFIT OF KABUK, THE KABUK PARTNERS, AND/OR THEIR RESPECTIVE SUPPLIERS.
12. INDEMNIFICATION
You agree to defend and indemnify Kabuk, the Kabuk Partners, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
your breach of these Terms or the documents referenced herein;
your violation of any law or the rights of a third party; or
your use of this website.
13. LINKS TO THIRD-PARTY SITES
This website may contain hyperlinks to websites operated by parties other than Kabuk. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
14. REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS
We appreciate hearing from you. Please be aware that by submitting content to this website by electronic mail, postings on this website or otherwise, including any hotel reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Kabuk and the Kabuk Partners, a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Kabuk may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant the Kabuk the right to pursue at law any person or entity that violates your or Kabuk’s rights in the Submissions by a breach of these Terms. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by us, the Kabuk Partners or any of our partners or licensees. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these Terms, please do not provide us with any Submissions.
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this website). You are prohibited from posting or transmitting to or from this website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this website. You acknowledge that Kabuk may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you.
15. COPYRIGHT AND TRADEMARK NOTICES
All contents of this website are the copyright of Kabuk. All rights reserved. All content and other materials on this website, including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Content") are the proprietary property of Kabuk . Other logos and product and company names mentioned herein may be the trademarks of their respective owners. Kabuk is not responsible for content on websites operated by parties other than Kabuk International Inc.
If you are aware of an infringement of our brand, please let us know by emailing us at [jeffrey@kabuk.com]
16. REGISTRATIONS
Kabuk is a registered seller of travel in California. Kabuk’s registration number is [2165210-40]. Registration as a seller of travel in California does not constitute the state's approval and Kabuk is a participant in the California Travel Consumer Restitution Fund.
17. MODIFICATION OF THESE TERMS
We reserve the right, in our sole discretion, to change, modify, delete or otherwise alter portions of these Terms at any time. Any such change, modification, deletion or alteration shall be effective immediately upon posting the same on this Website. Please check these Terms periodically for changes. Your continued use of the Services following the posting of such changes constitutes your affirmative acceptance of such changes.
18. GOVERNING LAW/VENUE
Kabuk is a Delaware corporation, and these Terms and your use of the website and Services shall be governed by and construed in accordance with the laws of the State of Delaware, exclusive of its choice
of law rules. Any dispute, controversy or claim arising under, out of, in connection with or in relation to
these Terms and/or your use of the website or Services may only be brought in a court of competent jurisdiction in Delaware, and each party hereby consents to the jurisdiction and venue of such court and waives any objections thereto. In any action arising under, out of, in connection with or in relation to these Terms and/or your use of the website or Services, the prevailing party will be entitled to costs and attorney's fees. Use of the website and Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
YOU AGREE THAT BY ENTERING INTO THESE TERMS YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT YOU MAY BRING CLAIMS AGAINST KABUK ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE CLASS ACTION WAIVER IS AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND CAN NOT BE SEVERED FROM THIS AGREEMENT.
19. MISCELLANEOUS
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this website or Services or information provided to or gathered by us with respect to such use.
If any provision of these Terms is found invalid, void, or for any reason unenforceable, that provision is severable and does not affect the validity and enforceability of the remainder of the Terms. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
These Terms (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and Kabuk with respect to this website, our Services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
20. CONTACT US
Kabuk International Inc.
16192 Coastal Highway
Lewes, Delaware 19958
Telephone: +1-302-645-7400
Email: concierge@kabuk.com
© Copyright 2025. KabuK Style Inc.
© Copyright 2025. KabuK Style Inc.
© Copyright 2025. KabuK Style Inc.