Terms and Conditions

 

Welcome to thePoPoapp with the Doctor Locator feature. ThePoPoapp with the Doctor Locator feature (the "App") is comprised of various web andmobile app pages operated by Koe Koe Tech Co., Ltd. ("Koe Koe") and containing content related to physician identification information .

 

If you are under 18, you may use the Apponly with permission of a parent or guardian.

 

The App is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").  Your use of theApp constitutes your agreement to all such Terms.  Please read these terms carefully and keep a copy of them for your reference.

 

The Purpose of the App

The purpose of theAppis todisplayinformation and value for ordinary Myanmar citizens by allowingApp users to search for doctors.

 

All information provided by the App is based solely on Myanmar Medical Association and Myanmar Medical Council information (the “ Informational Content ”). Koe Koe bears no responsibilities, liabilities, or obligations with regard to the Informational Content. The Informational Content is for testing purposes only.

 

You and your Children (as defined below) shall have no right to compensation from OML in respect of any acts or omissions of Koe Koe in connection with the App or Information Content.

 

Information

 

In the course of your use of the App, you may disclose information to Koe Koe about yourself, your fetus, infant, children or offspring (“Children”).

 

On behalf of yourself and your Children, you consent to displaying in the App to App users all information, disclosures, and other communications you provide to the App and Koe Koe through the App.

 

You agree that such information, disclosures, and other communications you provide to Koe Koe using the App are the private property of Koe Koe, and that Koe Koe may use such information, disclosures and other communications you provide for any purposes to the extent allowed by law.

 

Electronic Communications

Visiting, using, or interfacing with the App or sending emails to Koe Koe constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the App, satisfy any legal requirement that such communications be in writing.

 

 

Rates and Fees

We may amend the rates and fees for the App from time to time by publication of a notice on our website at [www.popodoc.com] or by notification to you through the App. Your continued use of the App after our amendment of the rates shall be deemed to be your agreement to the amended rates.

 

Links to third party sites/Third party services

The App may contain links or content to other websites or mobile apps ("Linked Sites"). The Linked Sites are not under the control of Koe Koe and Koe Koe is not responsible for the contents of any Linked Sites , including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site . Koe Koe is providing these links and content to you only as a convenience, and the inclusion of any linkor content does not imply endorsement by Koe Koe of the site or any association with its operators.

 

Certain services made available via theApp are delivered by third party sites and organizations. By using any product, service or functionality originating from the App domain, you hereby acknowledge and consent that Koe Koe may share such information and data with any third party with whom Koe Koe has a contractual relationship to provide the requested product, service or functionality on behalf of the Appusers and customers.

 

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the App strictly in accordance with these terms of use. As a condition of your use of the App, you warrant to Koe Koe that you will not use the App for any purpose that is unlawful or prohibited by these Terms. You may not use the App in any manner which could damage, disable, overburden, or impair the App or interfere with any other party's use and enjoyment of the App. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the App.

 

Except for the Informational Content, a ll content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the App, is

the property of Koe Koe or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. All Informational Content is the property of Koe Koe or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the App. Koe Koe content and the Informational Content are not for resale. Your use of the App does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Koe Koe and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Koe Koe or our licensors except as expressly authorized by these Terms.

 

Third Party Accounts

You will be able to connect your Koe Koe account to third party accounts , such as a Facebook account . By connecting your Koe Koe account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

 

International Users

The Service is controlled, operated and administered by Koe Koe from our offices within Myanmar . If you access the Service from a location outside Myanmar , you are responsible for compliance with all local laws. You agree that you will not use this Service in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Choice of Language

These Terms have been prepared in both Burmese language and English language. In the event of any inconsistency, the English language version shall apply and be binding upon the parties.

 

Indemnification

You agree to indemnify, defend and hold harmless Koe Koe , their officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the App or services, any user postings made by you, your violation of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Koe Koe reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Koe Koe in asserting any available defenses.

 

Arbitration

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.

 

In the event a body with jurisdiction finds that the Singapore International Arbitration Centre (“SIAC”) does not have jurisdiction, then the parties shall have the normal recourse for arbitration in the court system of the chosen jurisdiction.

                       

The Tribunal shall consist of one arbitrator.

 

The language of the arbitration shall be English. This arbitration provision shall survive the termination of these Terms.

 

Class Action Waiver

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KOE KOE TECH CO., LTD. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

KOE KOE TECH CO., LTD. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. KOE KOE TECH CO., LTD. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KOE KOE TECH CO., LTD. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APP, WITH THE DELAY OR INABILITY TO USE THEAPP OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APP , OR OTHERWISE ARISING OUT OF THE USE OF THE APP , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KOE KOE TECH CO., LTD. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP , OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP.

 

Termination/access restriction

Koe Koe reserves the right, in its sole discretion, to terminate your access to the App and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, th ese Terms are governed by the laws of the State of New York and you hereby consent to the terms of the Arbitration section of these Terms in all disputes arising out of or relating to the use of the App. Use of the App is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Koe Koe as a result of th ese Terms or use of the App. .

 

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, these Terms constitutes the entire agreement between the user and Koe Koe with respect to the App and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Koe Koe with respect to the App. A printed version of th ese Terms and of any notice given in electronic form shall be admissible in judicial, arbitral, or administrative proceedings based upon or relating to th ese Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that th ese Terms and all related documents be written in English.

 

Changes to Terms

Koe Koe reserves the right, in its sole discretion, to change the Terms under which the App is offered. The most current version of the Terms will supersede all previous versions and your continued use of the App after Koe Koe’s amendment of the Terms shall be deemed to be your acceptance of Koe Koe’s amendments.   Koe Koe encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

Koe Koe welcomes your questions or comments regarding the Terms:

 

Koe Koe Tech Co., Ltd.

 

Email Address:

contact@koekoetech.com

   

Effective as of October 1, 2016