Effective from 24 November 2021

TERMS AND CONDITIONS

1.     Introduction

Welcome to Cambodiatrade.com (“Company”, “we”, “our”, “us”)!

These Terms and Conditions of Service (“Terms”, “Terms of Service”) govern your use of our website, mobile site located at Cambodiatrade.com and its mobile applications (together or individually “Service”) operated by Cambodiatrade.com or its affiliates (individually or collectively as, “CambodiaTrade”). CambodiaTrade provides great features and Cambodia-made products and services when you visit or shop from the Cambodiatrade.com and/or its mobile applications. By using the CambodiaTrade products and services, you agree to the Terms of Service. Your agreement with us includes these Terms of Service and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements, and agree to be bound by them. Our Privacy Policy also governs your use of our Service and explains how we collect, use, and disclose information that results from your use of our Service.

These Terms apply to all visitors, users and others who wish to access or use Service.

2.     Purchases

If you wish to purchase any product or service made available through our Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your valid credit card, debit card, JCB, Union Pay International (UPI) or any method(s) of payment, and your valid shipping information.

We may employ the use of third party services for the purpose of facilitating payment and the completion of the Purchase. You are cautioned to read such third party services' Terms and Conditions and/or Privacy Policies before using third party services. You acknowledge that CambodiaTrade has no control over such third party services, does not monitor such third party services, and shall not be responsible or liable to anyone for such third party services, or any content, products or services made available on or through such third party services. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

Any purchase made using our Service forms contractual obligations between you as buyer and other users as sellers. We shall not be a party to this contract and thus are not liable to any issues arising from the contract, although these Terms shall be observed, where applicable.

3.     Content

Products and services link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). We develop our Service to allow users to post and create Content on CambodiaTrade.

For sellers (“SME” or “Seller”): We allow you to post Content. You can also manage your post, account, and other relevant services.

For buyers or business partners (“Customer”): We allow you to post certain information, comments, create personal account, and other related services.

By posting Content on or through the Service, you represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, intellectual property rights, contractual rights or any other rights of any person or entity.

You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content on the Service, you grant us the non-exclusive right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

4.     Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

1.   In any way that violates any applicable national or international law or regulation.

2.   For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

3.   To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

4.   To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

5.   In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

6.   To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

1.   Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

2.   Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

3.   Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

4.   Use any device, software, or routine that interferes with the proper working of Service.

5.   Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

6.   Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

7.   Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

8.   Take any action that may damage or falsify Company rating.

9.   Otherwise attempt to interfere with the proper working of Service.

5.     Analytics

Subject to the terms identified in our Privacy Policy, we may use third-party Service Providers or cookies to monitor and analyze your use of our Service.

6.     No Use By Minors

The Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using the Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of the Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and use of the Service.

7.     Accounts

Our Service provides individualized accounts for the Seller and the Customer .

When you create a Seller account with us, you guarantee that you are a legally established commercial enterprise operating under the laws of the Kingdom of Cambodia and that the information you provide us is accurate, complete, and current at all times.

When you create a Customer account, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

8.     Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of CambodiaTrade and its licensors. The Service is protected by copyright, trademark, and other laws of the Kingdom of Cambodia. Our trademarks may not be used in connection with any product or service without the prior written consent of CambodiaTrade.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are an intellectual property right owner, or authorized on behalf of one, and you believe that the intellectual property right has been infringed, please submit your claim via email to info@cambodiatrade.com, with the subject line: “IP Rights Infringement” and include in your claim a detailed description of the alleged Infringement. Such claims must include both evidence of your rights in the intellectual property and evidence of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your intellectual property rights.

9.     Error Reporting and Feedback

You may provide us either directly through our contact detail (please see CONTACT US below), or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) Company may have development ideas similar to the Feedback; (ii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iii) Company is not under any obligation of confidentiality with respect to the Feedback. By providing Feedback, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) the Feedback in any manner and for any purpose.

10.     Comments

Customers have a system to provide an opinion about Sellers, according to the negotiations carried out between them. This is an important tool and represents the Customer’s freedom of expression, being able to express themselves on the purchase and sale relationship that took place. These comments are the responsibility of the Customer and will be included in a user profile available to the Seller.

CambodiaTrade does not monitor the comments and opinions, nor does it assume the obligation to verify the accuracy or veracity of the comments and is not responsible for their content because of the negotiations carried out or for any comments expressed on the websites or by any other means, including email. CambodiaTrade reserves the right, at its sole discretion, to edit or delete comments that are offensive or that are contrary to these Terms. Furthermore, CambodiaTrade may exclude opinions and/or comments about a Customer in compliance with a judicial, administrative or competent authority order that justifies the change.

11.     Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by CambodiaTrade.

We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

12.     Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13.     Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU .

14.     Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

You may wish to terminate your account by simply discontinue use of our Service.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

15.     Governing Law

These Terms shall be governed by the laws of the Kingdom of Cambodia.

If the country of the Seller is different from the country of the Customer, the Customer is considered the importer of record and must comply with all laws and regulations of the country in which the Customer is receiving the goods. Customers should make sure that they can lawfully import the item into their country before purchasing the item.

Customers may be subject to import duties and taxes, which are levied once a shipment reaches the Customer’s country. Additional charges for customs clearance must be borne by the Customer if not specified otherwise in the item detail page explicitly. CambodiaTrade has no control over these changes and cannot predict what they may be. Customs policies vary widely from country to country. Customers should contact their local customs office for further information.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

16.      Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to Seller and Customer.

17.     Amendments to Terms

We may amend Terms at any time by posting the amended terms on this site..

Your continued use of CambodiaTrade following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

18.      Waiver and Severability

No waiver by CambodiaTrade of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CambodiaTrade to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

19.     Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

20.     Contact Us

If you have any questions about these Terms, please contact us by email: info@cambodiatrade.com. You can follow our social media through our Facebook page, Telegram, LinkedIn, Youtube, Twitter.