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 Hero using the KOKKOK Hero(hereinafter referred to as 'KOKKOK Hero')provided by the company.
Article 2 (Definition)
The term 'KOKKOK Hero' 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 connect with customer requesting ride-hailing, instant delivery, and other mobility services, 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 Hero' regardless of the terminal implemented (such wired and wireless devices as PCs, tablets, portable terminals, etc.).
The term 'Hero' means an individual who contracts with the Company to provide Service to customer.
The term 'Customer' means to the end-user who requests the service to search for and obtain relevant services.
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 service by Hero using the KOKKOK Hero.
Article 3 (Effectiveness and amendment of the agreement)
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 Hero, stating the effective date and the reason for the amendment.
The Hero 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 Hero does not clearly object to the revised Agreement by the effective date.
Any matters not stipulated in this Agreement shall be governed by the relevant laws or operating policy, etc.
Hero is responsible for checking whether there are any changes in this Agreement and any other policy. The company shall not be liable for any damage caused by the Hero's failure to confirm such changes.
Article 4 (Establishment of the contract)
In the contract, an individual who wants to become a Hero agrees to this Agreement and privacy policy, and applies for registration by filling in Personal Data 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 paragraph.
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 Hero
Where a child under the age of 18 has registration.
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 Hero must notify the company of this change within a considerable period of time(within 3 days).
Article 5 (Notice)
The methods of notification from the company to the Hero are: phone call, message, email, app, company-defined announcement channel(SNS), or other written forms.
In case of notification to an unspecified number(s) of the Hero, a company may substitute individual notification by posting it on the website or other channels for more than a week(7 Days). However, regarding matters that have a significant impact on the Hero own transaction, individual notifications are made in the manner prescribed in paragraph 1.
Article 6 (Restrictions and discontinuance of KOKKOK Hero)
The company may restrict or discontinue all or part of the service in any of the following subparagraph.
Where Hero interferes with the operation of the services intentionally or by gross negligence
Where Hero violates the obligations under Article 8.
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 service is hampered by a state of emergency, a failure of service facilities, or a surge in the use of the service
Where there is deemed inappropriate for the company to continue providing services due to other serious reasons
The company may immediately suspend the use of the KOKKOK Hero where Hero violates relevant law, such as Personal Data 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. In the event of a permanent suspension of use under this paragraph, all benefits obtained by using the service will be extinguished, and the company does not have any responsibility or obligation to compensate for it.
The company may restrict the Hero’s account for the protection and operational efficiency of Personal Data if a Hero has not logged in for more than a year(365 days).
When the company restricts or suspends the use of the service pursuant to this article, the fact should be notified the Hero of the reason, period of restriction, etc. pursuant to Article 5.
A Hero 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 KOKKOK Hero.
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.
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 Hero unless otherwise indicated.
All trademarks, service marks, logos, and other intellectual property rights relating to the KOKKOK Hero provided by the company, such as the design of the service provided by the KOKKOK Hero, 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 Hero 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 Hero)
The Hero shall not engage in any of the following subparagraph
The act of registering the Hero account using false Personal Data.
The act of changing information posted on the KOKKOK Hero or using information obtained by using the service 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 service by stealing the information of other Heroes or the information of customers using it
Sending junk mail, spam mail, chain letters, mail that encourages other Heroes or customers 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 the service by other Heroes or customers, such as stalking
The act of collecting, storing, and disclosing Personal Data of other Heroes and customers 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 Heroes and customers
Violations of current statutes, terms and conditions prescribed by the company, and other regulations concerning the use of the service
The company may restrict terminate this contract unilaterally if a Hero commits an act under paragraph 1, and the company shall not be liable for it.
Hero has sufficiently understood and agreed to the [Liability] set by the company, and must comply with it.
The right of the Hero to provide or receive the service shall not be transferred or presented or provided for the purpose of reproduction.
Article 9 (Obligations of Company)
The company shall faithfully implement measures, such as maintaining, inspecting, or restoring the KOKKOK Hero 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 Hero’s consent.
The company shall not divulge or distribute the Personal Data of the Hero who has learned in connection with the provision of the service to third parties without Hero’s' consent, but shall endeavor to protect it. Other matters concerning the protection of the Personal Data shall be governed by the relevant statutes and the 'Privacy policy' separately prescribed by the company.
Article 10 (Disruption)
In principle, the use of the KOKKOK Hero 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 service 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 service normally, so that temporary restrictions are required to maintain service quality) can be notified afterwards.
The company may suspend the provision of the service 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 Hero or 'Third party' if this service is canceled, suspended, or temporarily restricted under this article. However, regardless of the liability for damages.
Article 11 (Privacy)
In order to protect the the Hero’s Personal Data, the company shall comply with the relevant statutes, related regulations and laws.
In order to protect the Hero’s Personal Data, the company shall establish a 'Privacy Policy' and designate a person in charge of Personal Data protection and post and operate it.
The company shall not use the information provided by the Hero for the use contract for any purpose other than the purpose of operating the KOKKOK Hero or provide it to a third party without the consent of the Hero. When provided, that the foregoing shall not apply in any of the following cases
Where the use of the Hero’s Personal Data 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 the KOKKOK Hero.
Where the consent of the Hero is sought in accordance with the terms of service and policies of the company
Article 12 (Termination of the contract)
Hero may at any time file an application for the termination of the 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 Hero terminates a contract, all Personal Data, etc. of the Hero shall be deleted immediately after retention for 7 days, except in cases where the company holds the Hero's Personal Data pursuant to the relevant Act and the 'Privacy policy' separately determined by the company.
If Hero terminates a contract, all posts and information registered in its account, such as profiles, etc., will be deleted. However, trip history and delivery history will not be deleted.However, trip history and delivery history will not be deleted.
If Hero violates the provisions of article 8, the company may terminate this contract after giving the Hero an opportunity to state its opinion for a considerable period of time, and may also be held liable for civil and criminal damages.
Article 13 (Disclaimer)
If the company is unable to provide services due to the following reasons, it shall not be liable for damages incurred to the Hero.
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 KOKKOK Hero due to reasons attributable to the Hero
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 Hero using the KOKKOK Hero, and shall not be liable for damages caused by the Hero.
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 Hero to use the service, nor shall it be liable to intervene in disputes arising through service interactions between the customer and the Hero.
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 service, 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.
Article 14 (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 Hero using the KOKKOK Hero provided by the company.
Article 15 (Point)
Hero may accumulate points as compensation for providing services, in accordance with the standard set by the company.
Points are converted at a fixed ratio, with 1 point equivalent to 1 LAK.
Points are automatically credited after the completion of trip/delivery.
The company reserves the right to deduct points from the Hero based on criteria established by the company.
Details of the criteria on point deduction under Article 4 are provided in [Penalty].
Settlements will be processed on the following Monday, based on the payment amount for orders completed by every Sunday.
Hero is not permitted to transfer or sell their points to other Heroes.
ADDENDUM
Article 1. These terms of service were amended on 19th Mar, 2024 and will take effect on 29th Mar, 2024.