1.1 We are Phnom Penh Online (referred to as “we” or “us” or “our”).
1.3 When you use the Site www.phnompenhonline.com, you agree to be bound by these Terms. Please read these Terms carefully before you start to use our Site. If you do not agree to be bound by these Terms, you must not use this Site. A reference to “you” or “your” is a reference to the user of this Site.
1.4 Certain uses of this Site are prohibited and amount to a misuse of our systems and the Site. Please refer to clause 3 for further details.
1.5 We may change these Terms at our discretion by updating them on the Site. The then current version of these Terms will apply whenever you use this Site. Please check this page from time to time and take notice of any changes. If you are a paid user of our site we will inform you by email of any changes in our Terms.
2. OUR RIGHTS AND INTELLECTUAL PROPERTY
2.1 You may download material from this Site for the sole purpose of using this Site. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Site without our prior written consent.
2.2 This Site may contain links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from this Site, you do so at your own risk.
3. YOUR OBLIGATIONS AND CONDUCT
3.1 You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use this Site and that your computer system is compatible with this Site.
3.2 You must not misuse our system or this Site. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Site, or attempt to carry out any of the foregoing. This includes introducing viruses, trojans, worms, logic bombs or other material which is or could be malicious or technologically harmful.
3.3 You must not include links to this Site in any other Site without our prior written consent. In particular (but without limiting the foregoing) you must not include in any other Site any “deep link” to any page on this Site. You may link to our home page provided that you do so in a way that does not (in our reasonable opinion) damage our reputation or expose us to risk. We reserve the right to withdraw linking permission without notice and without giving a reason.
3.4 You must not upload or use inappropriate or offensive language or content or solicit any commercial services in any communication, form or email you send or submit, from or to the Site.
3.5 Whenever you make use of features that allow you to upload content to our Site, or to make contact with other users via our Site, you must comply with the content standards set out in these Terms. Please see clause 4 below. You warrant that any such contribution does comply with the standards mentioned in clause 4 and you will be liable to us and indemnify us against any breach of this warranty.
4. INTERACTIVE SERVICES AND CONTENT
4.1 All content that you upload to our Site will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who claims or alleges that content posted or uploaded by you to our Site breaches that third parties legal rights.
4.2 The views expressed by users on our Site do not represent our views or values.
4.3 All content that you upload to our Site must:
4.3.1 Be accurate (where you state facts);
4.3.2 Be genuinely held (where you state opinions); and
4.3.3 Comply with the applicable law of the country from which they were posted.
4.4 Your content must not:
4.4.1 Contain any material which is defamatory of any person;
4.4.2 Contain any material which is obscene, offensive, hateful, discriminatory, unethical, immoral or inflammatory; or
4.4.3 Contain any material which does or could potentially infringe the intellectual property rights of a third party.
4.5 We will determine in our discretion whether there has been a breach of this clause 4. Where a breach of this policy has occurred we may take such action as we deem appropriate. This action may include the following:
4.5.1 Immediate, temporary or permanent withdrawal of your right to use our Site;
4.5.2 Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site;
4.5.3 further legal action against you; and
4.5.4 disclosure of such information to law enforcement or authorities as we reasonably feel necessary.
4.6 In addition to all of our rights set out above, we reserve the right to take down any content that you upload to our Site at any time without notice and without having to give a reason. If said content conflicts with our policy.
5.1 To receive details of Businesses on this Site, you must submit a completed registration form to us. At our discretion, we may refuse your application for registration. If we accept your application for registration, we will confirm this by sending you an email containing your account ID, & User information.
5.2 Each registration is for a single user only. You must not share your username and password with any other person or with multiple users on a network.
5.3 You undertake that all information provided by you for the purposes of registering with us is accurate and complete.
5.4 You accept sole responsibility for all use of and for keeping secret any account ID and password that may have been given to you or chosen by you for use on this Site. You will notify us immediately of any unauthorized use of them or any other breach of security of this Site of which you become aware.
6. BARRING FROM THE SITE
6.1 We reserve the right to bar users from this Site and/or restrict or disable their access or use of any or all elements of our services, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not then attempt to use this Site under any other name or through any other user.
7.1 Whilst we endeavor to ensure that any material available for downloading from this Site is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.
7.2 Due to the nature of software and the internet, we do not warrant that your access to, or the running of, this Site will be uninterrupted or error free. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
7.3 The information provided on this Site is for general interest only and does not constitute specific advice.
7.4 While we make every effort to keep all information on our site Up to Date and Accurate. We make no warranties or representations that the property information on this is the case, Site is correct, accurate or up-to-date.
7.5 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
8.1 We will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
8.2 We do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
8.3 We may put in place such systems as we from time to time see fit to prevent automated programs being used to obtain unauthorized access to our system and this Site. You are not permitted to use automated programs for such purposes and any such use or attempted use by you of such automated programs is at your own risk. We shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorized access to our system or this Site.
8.4 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:
8.5.1 Use of, or inability to use our Site; or
8.5.2 Use of or reliance on any content or information displayed on our Site.
8.6 If you are a business we shall not be liable to you for:
8.6.1 any indirect, consequential, special or punitive loss, damage, costs, and expenses;
8.6.2 loss of profit;
8.6.3 loss of business;
8.6.4 loss of reputation;
8.6.5 depletion of goodwill; or
8.6.6 loss of, damage to or corruption of data.
8.7 If you are a consumer, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
8.8 We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or any website linked to it.
8.9 When you use the “contact forms” on this Site to enquire about a service we offer, your details (including your email address) will be sent by email directly to us. We do not accept any liability for information lost in transmission, and or the security of any said information.
9.1 If you have registered to use our services then we may serve a notice on you by email at the email address provided to us at the point of registration. For the purpose of informing a user of their details and or for the purpose of providing identification, information and details to a registered user so they may make full use of our site.
9.2 All notices sent by email will be deemed to have been received on the day that they are sent. All notices sent by post will be deemed to have been received 3 working days after the date of posting. We can not accept any Liability for any emails sent by us that have been blocked by you the user. Ensure all emails from us are not blocked by your email provider. Some email may arrive in your Junk mailbox on your email account. Please check our emails as NOT junk so that future emails sent to a user will be received by the user.
10.1 We may from time to time change the content of this Site or suspend or discontinue any aspect of this Site, which may include your access to it. Any amendments to these Terms will be made available. We will not remove access and or cancel the use and or access to the site for any Paid members without prior warning by us by email. Any change to our site that may affect a users ability to perform his paid for service will be looked into immediately and we will make appropriate the refund of any monies paid to us for services we choose to discontinue.
10.2 We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. We will inform all paid users of this site by email. all emails will be sent to the email used when the user registers with us.
10.3 If you are a business Paid user, these Terms are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us.