Terms of Service
Article 1 (Purpose)
The purpose of these 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 the ‘Company’) and the customer using the KOKKOK Car service(hereinafter referred to as the ‘Service’) provided by the company.
Article 2 (Definition)
'KOKKOK Car' refers to the virtual business entity operated by the company and is also used to represent the business operator managing this virtual business entity.
The term 'Service' means all services provided by the Company under the brand name 'KOKKOK Car,' regardless of the device used to access(such as wired and wireless devices including PCs, tablets, portable terminals, etc.).
'Customer' refers to both members and non-members who access 'KOKKOK Car' and receive services provided by 'KOKKOK Car' in accordance with these terms.
'Member' refers to an individual who has registered by providing personal information to 'KOKKOK Car,' continuously receiving information from 'KOKKOK Car,' and can use the services provided by 'KOKKOK Car' on an ongoing basis.
'Non-member' refers to an individual who uses the services provided by 'KOKKOK Car' without registering as a member.
'Sales Branch' refers to the entity that intends to sell vehicles through 'KOKKOK Car.'
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 the service by the customer using 'KOKKOK Car.'
'Content' refers to all text, images, videos, audio, and other forms of media or information made available through the Service.
'User Data' refers to any personal information or data provided by a Member or Customer to the Company, including but not limited to contact details, preferences, and usage patterns.
Article 3 (Effectiveness and Amendment of the Agreement)
The Company posts the contents of the Terms of Service on its website to ensure that customers can easily understand them.
The Company may amend this Agreement as necessary, provided such amendments do not violate relevant laws. In the event of a change, the Company will notify customers, stating the effective date and reason for the amendment.
Customers 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 explicitly object to the revised Agreement by the effective date.
Customers have the right to terminate their use of the service if they do not agree to the amended agreement.
Any matters not stipulated in this Agreement shall be governed by relevant laws or the operating policy.
Customers are responsible for checking for any changes to this Agreement and the 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 include phone calls, messages, emails, app notifications, company-defined announcement channels(such as social media services), or other written forms.
For notifications to the public or an unspecified number of customers, the Company may substitute individual notifications by posting on the methods outlined in paragraph 1 for at least one week(7 days). However, for matters that significantly impact the customer's transactions, individual notifications will be made using the methods specified in Article 4, paragraph 1.
Article 5 (Establishment of the Contract)
The establishment of the contract occurs when an individual who wishes to become a customer agrees to the agreement, applies for registration by filling in the required customer information on the prescribed admission form, and follows the procedure set by the Company. The contract is concluded when the Company approves the application.
The company may not approve an application in the following cases:
The name provided does not match the actual person.
Artificial information is entered in the registration details, or there is an omission or error.
The information inserted is relevant to an existing customer.
It is confirmed that a child under the age of 18 has registered without the consent of their legal representative.
There is a breach of this Agreement, any illegality, or if the application is confirmed to be unjust or for a reason equivalent thereto.
The Company may reserve its approval if there is no space in service-related facilities, or if there is a technical or business problem.
If there is a modification or change in the information provided at sign-up, the customer must notify the Company of these changes within a reasonable period of time, ideally within 3 days.
Article 6 (Restrictions and Discontinuance of Service)
The Company can immediately take actions such as issuing cautions, warnings, suspensions, permanent suspensions, contract terminations, or deletions when a customer violates any of the following subparagraphs and interferes with the ordinary operation of the services:
Where a customer intentionally or by gross negligence interferes with the operation of the services.
Where a customer violates the obligations under Article 8.
The Company may immediately suspend the use of the service if a customer violates relevant laws, such as those involving personal information(including name, payment, credit, phone number fraud), provision and operation of illegal programs, illegal communication and hacking, distribution of malware, and exceeding access rights.
The Company may restrict 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, it will notify the customer of the reason, period of restriction, and other relevant details in accordance with Article 5.
A customer can file an objection to the restrictions on use under this Article in accordance with the procedures set by the Company. If the Company recognizes that the objection is justified, it 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 provide compensation for this.
The Company may restrict or discontinue all or part of the service in any of the following circumstances:
Where it is necessary 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 it is deemed inappropriate for the Company to continue providing services due to other serious reasons.
Article 7 (Attribution of Rights and Use of Works)
All rights, including copyrights, to various services provided by the Company shall be vested in the Company. Similarly, all rights, including copyrights, to content created by the customer shall be vested in the relevant customer, unless otherwise indicated.
All trademarks, service marks, logos, and other intellectual property rights related to the service, including the design of services provided by the service, text, scripts, graphics, and customer transmission functions, are owned or licensed by the Company under Lao PDR laws, foreign laws, and international standards.
If the Company receives an objection or claim for compensation for damages from another person due to the infringement of copyright, program copyright, or other intellectual property rights, the customer shall endeavor to indemnify the Company. If the Company is not indemnified, the customer shall bear all damages incurred by the Company.
Article 8 (Obligations of the Customer)
The customer shall not engage in any of the following actions:
Registering false information in customer information.
Changing information posted on the service or using information obtained through the services for reproduction, publication, broadcasting, or other purposes, whether profit-making or non-profit, without prior consent from the Company.
Infringing on the rights of the Company or third parties, such as defaming the Company or infringing on intellectual property rights.
Illegally using the services by stealing information from service providers or using information obtained from service providers.
Sending junk mail, spam mail, chain letters, or mails that encourage others to join pyramid schemes, as well as sending obscene or violent messages, videos, or voices, or publishing information contrary to public order.
Sending or posting information (including computer programs) prohibited by relevant statutes.
Disseminating information, sentences, shapes, or voices that violate public order or customs.
Posting or sending messages pretending to be an employee of the Company or a service manager, or using the name of another person.
Posting or sending materials containing software viruses or other computer code, files, and programs designed to disrupt or destroy the normal operation of computer software, hardware, or telecommunications equipment via email or SMS.
Interfering with the use of services by other customers, such as stalking.
Collecting, storing, or disclosing personal information of other customers or service providers without their consent.
Engaging in profit-making activities using the service provided by the Company, such as posting advertisements, propaganda, or sending spam mail to an unspecified number of customers.
Violating current statutes, terms and conditions prescribed by the Company, and other regulations concerning the use of services.
Acquiring or using coupons in ways not authorized by the Company, such as through identity theft, payment fraud, or exploiting system errors.
The Company may restrict the use of the services or unilaterally terminate this contract if a customer commits any act mentioned in paragraph 1. The Company shall notify the customer of such actions and the reasons for them. The Company shall not be liable for any consequences.
The customer's right to receive the service shall not be transferred, 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 the Company's website or other channels, and should verify any changes to these policies.
Customers are responsible for maintaining the confidentiality and security of their account information and must promptly report any unauthorized use or security breaches to the Company.
Customers can report violations or suspicious activities to the Company through the designated reporting channels.
Article 9 (Obligations of the Company)
The Company shall faithfully implement measures such as maintaining, inspecting, and restoring the Company's services and security-related facilities to ensure continuous and stable service provision.
The Company shall 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 customers obtained in connection with the provision of services to third parties without their consent. The Company shall endeavor to protect personal information. Other matters concerning the protection of customers’ personal information shall be governed by the relevant statutes and the "Privacy Policy" separately prescribed by the Company.
The Company shall provide information on operation and service policies as outlined in Article 17 to facilitate customer understanding and ensure error-free transactions.
The Company shall provide timely customer support to address inquiries, issues, and complaints related to the services.
The Company shall be transparent about any changes to the terms of service and policies, notifying customers in advance as required by relevant statutes and internal policies.
The Company shall notify customers about any planned service interruptions or maintenance activities that may affect the availability of the services.
The Company shall implement a process for handling customer feedback and complaints, ensuring that they are addressed promptly and effectively.
Article 10 (Disruption)
In principle, the use of KOKKOK Car shall be available 24 hours a day, 7 days a week, unless there is a specific technical or operational issue. However, regular inspection times set by the Company are excluded and will be 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 required (e.g., natural disasters, unexpected server errors provided by cloud service providers, situations preventing sales branches from providing the service, etc.), the Company may notify customers afterward.
The Company may suspend the provision of services in the event of maintenance inspection, replacement, malfunction, communication trouble, or other issues with communication facilities such as computers. The Company will notify customers of such disruptions through appropriate channels as soon as possible.
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 liability for damages, the Company may provide compensation such as coupons to compensate for any inconvenience experienced by the customer.
Article 11 (Privacy)
The Company shall comply with relevant statutes, regulations, and laws to protect the personal information of customers.
The Company shall establish a "Privacy Policy", designate a person in charge of personal information protection, and ensure the policy is posted and operated effectively.
The Company's Privacy Policy does not apply to linked sites other than the Company's official site. Customers are responsible for verifying the personal information handling policy of linked sites and third parties providing purchased goods or services. The Company shall not be responsible for these third-party practices.
The Company shall not use the information provided by the customer for any purpose other than operating the Company's services, nor provide it to a third party without the customer's consent. The foregoing shall not apply in any of the following cases:
Where the use of customer information and the provision of information to third parties are permitted under relevant statutes and subordinate laws.
Where the minimum customer information necessary for the use of services provided by the service is required.
Where the consent of the customer is sought in accordance with the terms and conditions and policies of the Company.
The Company shall take reasonable measures to safeguard the personal information of customers against unauthorized access, disclosure, alteration, or destruction.
Customers have the right to access, correct, or delete their personal information held by the Company, subject to relevant laws and the Company's Privacy Policy.
The Company shall inform customers of any significant changes to the Privacy Policy and obtain their consent where required by law.
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 process the termination as prescribed by the relevant act and regulations.
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 retains the customer's personal information pursuant to relevant acts and the "Privacy Policy" separately determined by the Company.
If a customer terminates a contract, all information registered in the respective account, such as profiles and payment details, will be deleted. However, transaction history will not be deleted and will be retained for record-keeping purposes.
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 within a reasonable period. The customer may also be held liable for civil and criminal damages resulting from such violations.
Article 13 (Disclaimer)
The Company shall not be liable for damages incurred by the customer if it is unable to provide the service due to the following reasons:
Where there is a state of natural disaster or equivalent force majeure.
Where there is deliberate obstruction of the 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 where there is no intention or negligence by the Company.
The Company does not guarantee the reliability, accuracy, or completeness of information, data, or facts obtained by the customer using the service and shall not be liable for damages caused by the customer’s reliance on such information.
The Company is not responsible for failures in registration through the Company and cannot be held liable for issues arising from the customer’s device used to access.
The Company shall not be liable for the failure or loss of revenue expected by the customer from using the service, nor shall it be liable to intervene in disputes arising from interactions between customers.
Since the use of the services is a contract between the customer and the service provider(sales branch), the Company is not responsible for compensation during the course of the services. However, the Company is responsible for actively mediating disputes between the customer and the service provider.
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 customers into the service. Additionally, the Company does not intervene in transactions between customers and third parties connected through links, banners, etc., within the service and does not bear any responsibility for such transactions.
The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or other intangibles, even if the Company has been advised of the possibility of such damages, arising from the use or inability to use the service.
Article 14 (Resolution of Dispute)
The Company shall establish and operate a damage compensation treatment organization to reflect legitimate opinions or complaints raised by customers and to compensate for any damage incurred.
The Company shall preferentially address complaints and opinions submitted by customers. However, if it is difficult to process them quickly, the customer shall be notified immediately of the reason and the expected processing schedule.
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 the service, it may be subject to mediation by the related and governing parties.
The Company shall provide a clear and accessible process for customers to submit their complaints and seek resolution, including contact information for the damage compensation treatment organization.
Article 15 (Jurisdiction and Governing Law)
This Agreement shall be governed by and construed in accordance with the laws of Lao PDR.
Any disputes arising between the Company and the customer in connection with the use of the service shall be subject to the exclusive jurisdiction of the courts located at the Company's principal address, unless otherwise agreed upon by the parties involved.
Article 16 (Definition of Services)
The service performs the following tasks:
Provision of information related to vehicle sales and brokerage.
Provision of information on financial and insurance-related matters that may arise during the customer's vehicle purchase and brokerage process.
Provision of sales and brokerage for vehicle accessories or other vehicle relevant products.
Other tasks as defined by the service.
The service may change the content of postings or services to be provided under future contracts in case of product shortages or changes in technical specifications. In such cases, the service will notify customers by specifying the date of the changed postings or services at least 7 days prior to the provision date at the location where the current goods or services are posted.
If the service changes the content of services already contracted with customers due to product shortages or technical reasons, the service will compensate for any damages incurred by the customers. However, this does not apply if the damages were not caused by the service's intentional or negligent actions.
The service may set specific usage times for some of the services mentioned in Paragraph 1 and will notify customers in advance of such usage times.
The service shall provide clear and detailed information about the changes to ensure customers are well informed and can make necessary adjustments.
Article 17 (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.
Customers must comply with the procedures specified by the service in the notices or the service usage guide to use the service. The content and liability limitations of the relevant service are also subject to the notices and the service usage guide.
If the service is unable to deliver postings or provide services due to reasons such as product shortages after the customer has applied for the purchase, the service will immediately notify the customer of the reason. If the payment has already been made, the service will initiate the contract cancellation and refund procedure within a few days from the occurrence of the reason.
The Company will ensure that all procedures for using the service are clearly outlined and easily accessible to customers, including instructions for requesting refunds and handling issues related to service disruptions.
ADDENDUM
Article 1. This Agreement was amended on 1st October, 2024 and will take effect on 16th October, 2024