Terms of Service
Article 1 (Purpose)
The purpose of Terms of Service(hereinafter referred to as “Agreement”) is to prescribe the rights, obligations, and responsibilities between Lao Smart Mobility Co., Ltd (hereinafter referred to as “Company”) and the customer using the KOKKOK Move(hereinafter referred to as “KOKKOK Move”)provided by the company.
Article 2 (Definition)
The term "KOKKOK Move" means both virtual and physical places of business, including a website and smartphone applications operated by the company that is set up to trade goods and services using information and communication facilities such as computers to provide ride-hailing, instant delivery, and any additional mobility services to customer, and it is also used as a meaning of a business operator.
The term “Service” means all services provided by the company using the brand name “KOKKOK Move” regardless of the terminal implemented (such wired and wireless devices as PCs, tablets, portable terminals, etc.).
The term "Customer" means an individual who provides personal data to the company for registration as a member, continuously receives information about the service, and is able to continuously access the KOKKOK Move provided by the company.
The term "Hero" means an individual who provide the relevant service to customer through the KOKKOK Move.
The term "Request" or “Call” means the act of a customer making a demand on a Hero by entering information required to use the Service and completing payment through KOKKOK Move.
The term “Total Price” or “Total” means the price that customer pay as compensation for receiving all series of services provided by KOKKOK Move.
The term "Automatic payment" means the process where the Total Price is automatically paid without requiring separate authentication each time the payment is made after a customer enters its initial payment method information.
The term "Posting" means articles, photos, videos, various files, links, etc. in the form of information, such as signs, letters, voices, sounds, videos, etc. posted on services the customer using the KOKKOK Move.
The term "Coupon" means a discount medium according to service.
Article 3 (Effectiveness and amendment of the agreement)
The company posts the contents of Terms of service on the website so that customer can easily understand it.
The company may amend this Agreement to the extent that, if necessary, it does not violate relevant laws. In case the company changes the Agreement, it will notify the customer, stating the effective date and the reason for the amendment.
The customer will be deemed to have agreed to the amended Agreement if the company has provided sufficient notice of the changes in accordance with Article 5, and the customer does not clearly object to the revised Agreement by the effective date.
The customer has a right to terminate the KOKKOK Move, if the customer does not agree to the amended agreement.
Any matters not stipulated in this agreement shall be governed by the relevant laws or operating policy, etc.
The customer is responsible for checking whether there are any changes in this agreement and operating policy. The company shall not be liable for any damage caused by the customer's failure to confirm such changes.
Article 4 (Notice)
The methods of notification from the company to the customer are: phone call, message, email, app, company-defined announcement channel(SNS), or other written forms.
In case of notification to the public and unspecified number(s) of a customer, the company may substitute individual notification by posting it on the methods pursuant to paragraph 1 for more than a week(7 Days). However, regarding matters that have a significant impact on the customer's own transaction, individual notifications are made in the manner prescribed in paragraph 1.
Article 5 (Establishment of the contract)
In the contract, an individual who wants to become a customer agrees to this agreement and privacy policy, and applies for registration by filling in the customer information according to the certain admission form and procedure set by the company. It is concluded by the company upon approval of such application.
The company may not approve application for each subparagraph.
Where the name is not same with the actual person
Where artificial information is entered in the registration details, or there is an omission or error
Where the information inserted is relevant with the existing customer
Where it is confirmed that a child under the age of 18 has registration without the consent of the legal representative
Breach of this agreement or illegality or where it is confirmed that it is an unjust application or a reason equivalent thereto arises
The company may reserve its approval if there is no space for service-related facilities, or if there is a technical or business problem
If the modification or change of the information that has been inserted upon sign-up occurs, the customer must notify the company of these changes within a considerable period of time(within 3 days)
Article 6 (Restrictions and discontinuance of KOKKOK Move)
The company can immediately take actions such as caution, warning, suspension, permanent suspension, contract termination, deletion when a customer violates the event of any of the following subparagraphs and interferes with the services from ordinary operation.
Where a customer interferes with the operation of the services intentionally or by gross negligence
Where a customer violates the obligations under Article 8
Where a customer commits an act in violation of the purpose and purpose of the membership level.
The company may immediately suspend the use of the KOKKOK Move where a customer violates relevant law, such as personal information including name, payment, credit, phone number frauds, provision and operation of illegal programs violating the relevant laws, illegal communication and hacking, distribution of malware, and excess of access rights.
The company may restrict its use for the protection and operational efficiency of the customer’s information if they have not logged in for more than a year(365 days).
When the company restricts or suspends the use of services pursuant to this Article, the fact should be notified the customer of the reason, period of restriction, etc. pursuant to Article 5.
A customer can file an objection to the restrictions on the use, etc. under this Article in accordance with the procedures set by the company. If the company recognizes that the objection is justified, the company will immediately resume the use of the service.
If the use is restricted under this Article, all benefits obtained through the use of the service will be discontinued or extinguished, and the company will not compensate for this.
The company may restrict or discontinue all or part of the service in any of the following subparagraph
Where there is an inevitable due to the inspection, repair, or construction of facilities for services
Where a telecommunication service is suspended by the telecommunication service provider
When the use of services is hampered by a state of emergency, a failure of service facilities, or a surge in the use of services
Where there is deemed inappropriate for the company to continue providing services due to other serious reasons
Article 7 (Attribution of rights and the use of works)
All rights, including copyrights to various services provided by the company, shall be vested in the company, and all rights, including copyrights, shall be vested in the relevant customer unless otherwise indicated.
All trademarks, service marks, logos, and other intellectual property rights relating to the KOKKOK Move provided by the company, such as the design of the services provided by the KOKKOK Move, text, scripts, graphics, and customer transmission functions, are owned or licensed by the company under Lao PDR, foreign laws and the international standards.
Where a company receives an objection from another person, such as a claim for compensation for damages, etc. due to the infringement of copyright, program copyright, etc., the customer shall endeavor to indemnify the company, and if the company is not indemnified, the customer shall bear all damages incurred to the company.
Article 8 (Obligations of Customer)
The customer shall not engage in any of the following the subparagraph
The act of registering false information in customer information
The act of changing information posted on the KOKKOK Move or using information obtained by using the services to be used for reproduction, publication, broadcasting, etc. for profit-making or non-profit purposes without prior consent from the company
Infringement of the rights of the company or third parties, such as defaming the company or infringing on intellectual property rights
The act of illegally using the services by stealing the information of service providers or the information of service providers using it
Sending junk mail, spam mail, chain letters, mail that encourages other customers or the Hero to join the pyramid organization, obscene or violent messages, videos, voice, etc., or to publish or publish information that is contrary to public forms
The act of sending or posting information(computer programs, etc.) prohibited from transmitting or posting information under relevant statutes
Dissemination of information, sentences, shapes, voice, etc. in violation of public order or customs.
Posting or sending a message pretending to be an employee of a company or a service manager, or using the name of another person
Posting or sending materials containing software viruses, other computer code, files, and programs designed to disrupt or destroy the normal operation of computer software, hardware, and telecommunications equipment by email or SMS
Interfering with the use of services by other customers, such as stalking
The act of collecting, storing, and disclosing personal information of other customers or service providers without their consent
Activities for profit-making purposes using the KOKKOK Move provided by the company, such as posting advertisements, propaganda, or sending spam mail to an unspecified number of customers
Violations of current statutes, terms and conditions prescribed by the company, and other regulations concerning the use of services
Acquisition or use of coupons in unusual ways not determined by the company such as by exploiting identity theft, payment fraud, system error, etc
The company may restrict the use of the services or terminate this contract unilaterally if a customer commits an act under paragraph 1, and the company shall not be liable for it.
The right of the customer to receive the service shall not be transferred or presented or provided for the purpose of reproduction.
The customer is required to thoroughly understand the terms of service, operation policy, and service policy as announced on this website or any other channels, and should verify any changes to these policies.
Article 9 (Obligations of Company)
The company shall faithfully implement measures, such as maintaining, inspecting, or restoring the company's services and security-related facilities in a manner suitable for continuous and stable service provision.
The company does not send advertising emails or SMS for commercial purposes without the customer’s consent.
The company shall not divulge or distribute the personal information of the customer who has learned in connection with the provision of services to third parties without their consent, but shall endeavor to protect it. Other matters concerning the protection of customer’s personal information shall be governed by the relevant statutes and the "Privacy policy" separately prescribed by the company.
The company provides information on operation and service policies in Article 17 to facilitate customer understanding and transactions without error.
Article 10 (Disruption)
In principle, the use of the KOKKOK Move shall be 24 hours a day, 7 days a week, unless there is a special obstacle to the work or technology of the company. However, the days and times set by the company are excluded due to the need for regular inspections. The regular inspection time is as announced on the service screen and notice board.
The company may cancel, suspend, or temporarily limit the services by announcing in advance the period necessary for the smooth performance of the service. However, if urgent measures are inevitably required(e.g., heavy orders, bad weather, traffic jams, police traffic jams, etc., it is difficult to provide services normally, so that temporary restrictions are required to maintain service quality) can be notified afterwards.
The company may suspend the provision of the services in the event of maintenance inspection, replacement, trouble, communication trouble, etc. of communication facilities such as computers.
The company shall not be liable for compensation unless the company intentionally or negligently causes damages to the customer or third party if the services are canceled, suspended, or temporarily restricted under this Article. However, regardless of the liability for damages, the company can reward coupons, etc. to compensate for the inconvenience that the customer may have experienced.
Article 11 (Privacy)
In order to protect the personal information of customer, the company shall comply with the relevant statutes, related regulations and laws.
In order to protect the personal information of customer, the company shall establish a "Privacy Policy" and designate a person in charge of personal information protection and post and operate it.
The company's privacy policy does not apply to linked sites other than the company's official site. The customer shall be responsible for verifying the personal information handling policy of the linked site and third party providing the purchased goods or services, and the company shall not be responsible for it.
The company shall not use the information provided by the customer for the use contract for any purpose other than the purpose of operating the company's services or provide it to a third party without the consent of the customer. When provided, that the foregoing shall not apply in any of the following cases
Where the use of customer information and the provision of information about third parties are permitted under the acts and subordinate statutes
Where the minimum customer information necessary for the use of service provided by KOKKOK Move.
Where the consent of the customer is sought in accordance with the terms and conditions and policies of the company
Article 12 (Termination of the contract)
A customer may at any time file an application for the termination of a service contract in accordance with the procedures prescribed by the company, and the company shall immediately deal with it as prescribed by the relevant act, etc.
If a customer terminates a contract, all personal information of the customer shall be deleted after retention for 7 days, except in cases where the company holds the customer's personal information pursuant to the relevant Act and the "Privacy policy" separately determined by the company.
If a customer terminates a contract, all information registered in respective account, such as profiles, payment, etc. will be deleted. However, trip history and delivery history will not be deleted.
If a customer violates the provisions of article 8, the company may terminate this contract after giving the customer an opportunity to state their opinion for a considerable period of time, and may also be held liable for civil and criminal damages.
Article 13 (Disclaimer)
The company shall not be liable for damages incurred to the customer, if it is unable to provide the KOKKOK Move due to the following reasons.
Where there is a state of natural disaster or equivalent force majeure
Where there is a deliberate obstruction of service by a third party that has entered into a service partnership contract with the company to provide services
Where there is a disability in the use of the service due to reasons attributable to the customer
In the case of other reasons for the absence of intention or negligence of the company
The company does not guarantee the reliability, accuracy, etc. of information, data, facts obtained by the customer using the KOKKOK Move, and shall not be liable for damages caused by the customer.
The company is not responsible for the failure to register through the company and cannot be inquired from the computer.
The company shall not be liable for the failure or loss of revenue expected by the customer to use the KOKKOK Move, nor shall it be liable to intervene in disputes arising through service interactions between customer and customer.
Since the usage of the services is a contract between the customer and the Hero, in principle, the company is not responsible for compensation in the course of the services, but the company is responsible for actively mediating between the customer and the Hero.
The company shall not be responsible for the use of free services unless otherwise provided for in the relevant laws.
The company is not responsible for the reliability and accuracy of information, data, and facts entered by customer into the KOKKOK Move. Additionally, the company does not intervene in transactions between the customer and third parties connected through links, banners, etc. within the services, and does not bear any responsibility for such transactions.
Article 14 (Resolution of dispute)
The company shall establish and operate a damage compensation treatment organization to reflect legitimate opinions or complaints raised by customer and to compensate for the damage.
The company shall preferentially deal with complaints and opinions submitted from customer. However, if it is difficult to process quickly, the customer shall be notified of the reason and the processing schedule immediately.
If there is an application for relief from damage caused by a customer in relation to a dispute between the company and the customer regarding the use of KOKKOK Move, it may be subject to mediation by the related and governing parties.
Article 15 (Jurisdiction and Governing Law)
This Agreement shall be prescribed and implemented under the laws of Lao PDR, and the court having jurisdiction over the address shall agree on disputes between the company and the customer using the KOKKOK Move provided by the company.
Article 16 (The definition of services)
The company provides these kind of the services, and the details of each service are as follows.
Move
The service that connects a Hero to provide relevant services from the pick-up point designated by the customer to the drop-off point set by the customer, and all related additional services and affiliate services.
The service is available for 24 hours every day.
KOKKOK
The service that connects a Hero to provide requested goods and delivery services from the pick-up point designated by the customer to the drop-off point set by the customer, and all related additional services.
The service is available from 08:00 to 17:00 every day.
Article 17 (The Usage of Service)
The company provides detailed information on all aspects of service use in this Article to ensure that customers understand and can make transactions without mistakes or misunderstandings.
The customer is required to fully understand and agree to the [Restrictions] specified by the company and comply with them when using KOKKOK service.
The scope of compensation that can be received for each service varies, and the company provides detailed information on responsibilities and compensation in [Liability].
Conditions for cancellation during service usage are as follows.
Automatic cancellation within 1 minute of request in Move service
Before pickup in KOKKOK service
By the company if the customer is absent at the departure or arrival point.
By the company if the customer's information is incorrect.
By the company if the information of the items is incorrect.
Article 18 (Payment)
The Total Price quoted on the service shall be displayed in Laos currency and include applicable taxes.(e.g. value-added tax, etc)
The company may change the Total Price under this Article due to business necessity or changes in the external factor. The changed the Total Price shall be announced to the customer pursuant to Article 5.
Before the payment, the customer will be informed of the Total Price and there will be no change.
The company reserves the right to offer additional payment methods and/or remove existing payment methods at any time in its sole discretion.
Payment methods may vary by service.
The customer can choose to pay for the Total price using payment methods offered as follows.
Cash
LAPNet (Lao QR Pay)
Credit card
Such other payment methods the company offers from time to time.
Article 19 (Rating)
The customer can evaluate the service provider with respect to the Move service provided.
Every rating will be automatically logged onto KOKKOK Move, when they use the Move service and the company may analyze all ratings received.
Article 20 (Cancel&Refund)
The company will refund all or part of the incorrectly paid Total price to the customer. If a customer requests a refund due to a system error or problems such as overpayment, duplicate payment, etc. without any reason attributed to them.
Article 21 (Coupons)
The company provide a certain amount or a certain percentage of discount coupon.
Coupons could be given to the customer by participating in event promotions of company and granting them in accordance with company policy, and the validity period, discount amount of money.
Coupon is not refundable, and could be expired when exceeding the expiration date or the service of contract ends.
The company may withdraw, extinguish the coupon, or restrict the use of the customer if it is confirmed that if they acquires coupons in fraudulent purposes and methods.
Coupon provided to customer must specifies conditions such as the expiration date, applicable services.
The contents of the coupon and its operation policy may vary depending on the policy of the company.
Customer may only use coupons for their own transactions and under no circumstances should they sell or transfer them to others or take any action that could be viewed as a de facto sale or transfer.
Only the KOKKOK service is applied in duplicate with coupon and the membership level rewards.
Article 22 (Membership Level)
The company have a right to give the customers a certain level based on the number of times they have used our services, and give them rewards by each level.
Membership level is divided into Orange, Green, Blue, Black.
Every 1st day of the month, membership level gets updated based on the cumulative points of the previous month.
Your level will be maintained until the next quarter after the update of your membership level.
The rewards and requirements are subject to change at the discretion of the company.
Membership level could be initialized if they rejoin after withdrawal, dormant status, or do not update their mobile number.
Membership level is not a guarantee of customer credit or financial credit status.
If a customer commits an act that violates the purpose and purpose of the membership level provided by KOKKOK Move, the company take measures such as suspension of the use of the KOKKOK Move to the customer.
ADDENDUM
Article 1. This Agreement was amended on 1st March, 2024 and will take effect on 4th March, 2024