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Home> Terms of Service

Terms of Service

2021-03-20 16:07


Terms Of Service






Welcome to
the
www.piikmall.com or PIIK MALL
platform.  Please read these terms and
conditions carefully. The following Terms of Use govern your use and access of
the Platform (defined below) and the use of the Services.



By accessing
the Platform and/or using the Services, you agree to be bound by these Terms of
Use. If you do not agree to these Terms of Use, do not access and/or use this
Platform or the Services.



Access to
and use of password protected and/or secure areas of the Platform and/or use of
the Services are restricted to Customers with accounts only. You may not obtain
or attempt to obtain unauthorized access to such parts of this Platform and/or
Services, or to any other protected information, through any means not
intentionally made available by us for your specific use.



If you are
below 16 years old: you must obtain consent from your parent(s) or legal
guardian(s), their acceptance of these Terms of Use and their agreement to take
responsibility for: (i) your actions; (ii) any charges associated with your use
of any of the Services or purchase of Products; and (iii) your acceptance and
compliance with these Terms of Use. If you do not have consent from your
parent(s) or legal guardian(s), you must stop using/accessing this Platform and
using the Services.



I.
General use of the Services and/or access of the Platform



Guidelines to the use of the Platform and/or the
Services: You agree to comply with any and all the guidelines, notices, operating
rules and policies and instructions pertaining to the use of the Services
and/or access to the Platform, as well as any amendments to the aforementioned,
issued by us, from time to time. We reserve the right to revise these
guidelines, notices, operating rules and policies and instructions at any time
and you are deemed to be aware of and bound by any changes to the foregoing
upon their publication on the Platform.



II. Restricted
activities



You agree and undertake NOT
to:



(a)
impersonate any person or entity or to falsely state or otherwise misrepresent
your affiliation with any person or entity;



(b) use the
Platform or Services for illegal purposes;



(c) attempt
to gain unauthorized access to or otherwise interfere or disrupt other computer
systems or networks connected to the Platform or Services;



(d) post,
promote or transmit through the Platform or Services any Prohibited Materials;



(e)
interfere with another utilization and enjoyment of the Platform or Services;



(f) use or
upload, in any way, any software or material that contains, or which you have
reason to suspect that contains, viruses, damaging components, malicious code
or harmful components which may impair or corrupt the Platform’s data or damage
or interfere with the operation of another Customer’s computer or mobile device
or the Platform or the Services; and



(g) use the
Platform or the Services other than in conformance with the acceptable use
policies of any connected computer networks, any applicable Internet standards
and any other applicable laws.



III.
Availability of the Platform and the Services



We may, from time to time and without giving any reason
or prior notice, upgrade, modify, suspend or discontinue the provision of or
remove, whether in whole or in part, the Platform or any Services and shall not
be liable if any such upgrade, modification, suspension or removal prevents you
from accessing the Platform or any part of the Services.



IV. Right to monitor content



We reserve the right, at its sole discretion, but shall
not be obliged to:



(a) monitor,
screen or otherwise control any activity, content or material on the Platform
and/or through the Services. We may, in our sole and absolute discretion,
investigate any violation of the terms and conditions contained herein and may
take any action it deems appropriate;



(b) prevent
or restrict access of any Customer to the Platform and/or the Services;



(c) report
any activity we suspect to be in violation of any applicable law, statute or
regulation to the appropriate authorities and to co-operate with such
authorities; and/or



(d) to
request any information and data from you in connection with your use of the
Services and/or access of the Platform at any time and to exercise our right
under this paragraph if you refuse to divulge such information and/or data or
if you provide or if we have reasonable grounds to suspect that you have
provided inaccurate, misleading or fraudulent information and/or data.



(e)
deactivate, cancel, delete, ban, prevent and restrict any access to the
Platform and/or the Service of and by any PIIK MALL account, Customer and/or
anyone whether permanently or temporarily and without giving any reason or
prior notice.



V. Use of the Services



1. Application of this Clause: In addition to all other terms
and conditions of this Terms of Use, the provisions in this Clause 3 are the
additional specific terms and conditions governing your use of the Services.



2. Restrictions: Use of the Services is limited to the
authorized Customers who are of legal age and have the legal capacity to enter
into and form contracts under any applicable law. The Customers who have
breached or are in breach of the terms and conditions contained herein and the
Customers who have been permanently or temporarily suspended from using any of
the Services may not use the Services even if they satisfy the requirements of
this Clause



VI. General terms of use



You agree:



(a) to access and/or use the
Services only for lawful purposes and in a lawful manner at all times and further
agree to conduct any activity relating to the Services in good faith; and



(b) to ensure that any information
or data you post or cause to appear on the Platform in connection with the
Services is accurate and not violate any applicable law. You also agree to take
sole responsibility for such information and data.



VII. LICENSE AND ACCESS



Subject
to your compliance with these Conditions of Use and any Service Terms, and your
payment of any applicable fees, PIIKMALL or its content providers grant you a
limited, non-exclusive, non-transferable, non-sublicensable license to access
and make personal and non-commercial use of the PIIKMALL Services.



 



This
license does not include any resale or commercial use of any PIIKMALL Service,
or its contents; any collection and use of any product listings, descriptions,
or prices; any derivative use of any PIIKMALL Service or its contents; any
downloading, copying, or other use of account information for the benefit of
any third party; or any use of data mining, robots, or similar data gathering
and extraction tools. All rights not expressly granted to you in these
Conditions of Use or any Service Terms are reserved and retained by PIIKMALL
or its licensors, suppliers, publishers, rights-holders, or other content
providers. No PIIKMALL Service, nor any part of any PIIKMALL Service, may be
reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited
for any commercial purpose without express written consent of PIIKMALL.



 



You
may not frame or utilize framing techniques to enclose any trademark, logo, or
other proprietary information (including images, text, page layout, or form) of
PIIKMALL without express written consent. You may not use any meta tags or any
other "hidden text" utilizing PIIKMALL's name or trademarks without
the express written consent of PIIKMALL. You may not misuse the PIIKMALL
Services. You may use the PIIKMALL Services only as permitted by law. The
licenses granted by PIIKMALL terminate if you do not comply with these Conditions
of Use or any Service Terms.



 



VIII. YOUR ACCOUNT



You
may need your own PIIKMALL account to use certain PIIKMALL Services, and you
may be required to be logged in to the account and have a valid payment method
associated with it. If there is a problem charging your selected payment
method, we may charge any other valid payment method associated with your
account.



 



You
are responsible for maintaining the confidentiality of your account and
password and for restricting access to your account, and you agree to accept
responsibility for all activities that occur under your account or password.
PIIKMALL does sell products for children, but it sells them to adults, who can
purchase with a credit card or other permitted payment method. If you are under
16, you may use the PIIK MALL Services only with involvement of a parent or
guardian.



 



Alcohol
listings on PIIKMALL are intended for adults. You must be at least 21 years of
age to purchase alcohol, or use any site functionality related to alcohol. PIIKMALL reserves the right to refuse service, terminate accounts, terminate your
rights to use PIIK MALL Services, remove or edit content, or cancel orders in
its sole discretion.



 



IX. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT



You
may post reviews, comments, photos, videos, and other content; send e-cards and
other communications; and submit suggestions, ideas, comments, questions, or
other information, so long as the content is not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual property rights
(including publicity rights), or otherwise injurious to third parties or
objectionable, and does not consist of or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings, or any form
of "spam" or unsolicited commercial electronic messages.



 



You
may not use a false e-mail address, impersonate any person or entity, or
otherwise mislead as to the origin of a card or other content. PIIKMALL
reserves the right (but not the obligation) to remove or edit such content, but
does not regularly review posted content. If you do post content or submit
material, and unless we indicate otherwise, you grant PIIKMALL a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sublicensable right to use,
reproduce, modify, adapt, publish, perform, translate, create derivative works
from, distribute, and display such content throughout the world in any media.



 



  



You
grant PIIKMALL and sub licensees the right to use the name that you submit in
connection with such content, if they choose. You represent and warrant that
you own or otherwise control all of the rights to the content that you post;
that the content is accurate; that use of the content you supply does not
violate this policy and will not cause injury to any person or entity; and that
you will indemnify PIIK MALL for all claims resulting from content you supply.
PIIKMALL has the right but not the obligation to monitor and edit or remove
any activity or content. PII MALL takes no responsibility and assumes no
liability for any content posted by you or any third party.



X. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY



THE PIIKMALL SERVICES
AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND
OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PIIKMALL SERVICES ARE PROVIDED BY PIIKMALL ON AN "AS IS" AND "AS
AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PIIKMALL MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THE PIIKMALL SERVICES, OR THE INFORMATION, CONTENT, MATERIALS,
PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH THE PIIKMALL SERVICES, UNLESS OTHERWISE SPECIFIED IN
WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PIIKMALL SERVICES IS AT YOUR
SOLE RISK.



 



TO THE FULL EXTENT
PERMISSIBLE BY LAW, PIIKMALL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. PIIKMALL DOES NOT WARRANT THAT THE PIIKMALL
SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR
OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PIIKMALL SERVICES, PIIK MALL'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PIIKMALL
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE
BY LAW, PIIKMALL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF ANY PIIKMALL SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS,
PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH ANY PIIKMALL SERVICE, INCLUDING, BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS
OTHERWISE SPECIFIED IN WRITING.



 



XI. Governing
Law and Dispute Resolution



1.     These
Terms and conditions and any related agreements shall be governed by and
construed in accordance with the laws of Kingdom of Cambodia.



2.     If
any dispute arises out of this Terms and Conditions, parties have agreed to
seek an amicable solution.  In event of any disagreement or dispute
between the parties, the parties shall seek to resolve matter by mediation
failing which dispute shall be referred to and finally and conclusively
resolved by arbitration in Cambodia at the National Commercial Arbitration
Center (“NCAC”) according to rules of NCAC for time being in force. The
Tribunal shall consist of one arbitrator.



 



XII. SITE POLICIES, MODIFICATION, AND SEVER ABILITY



Please review our other
policies posted on this site. These policies also govern your use of PIIKMALL
Services. We reserve the right to make changes to our site, policies, Service
Terms, and these Conditions of Use at any time. If any of these conditions
shall be deemed invalid, void, or for any reason unenforceable, that condition
shall be deemed sever-able and shall not affect the validity and enforce ability
of any remaining condition.



XIII. GENERAL PROVISIONS



Subject to any
Additional Agreements, the Terms of Use constitute the entire agreement between
you and PIIKMALL with respect to and govern your use of the PIIKMALL
Services, superseding any prior written or oral agreements in relation to the
same subject matter herein. You and PIIKMALL are independent contractors, and
no agency, partnership, joint venture, employee-employer, or
franchiser-franchisee relationship is intended or created by the Terms of Use.
If you have any questions or comments on the PIIKMALL Services, you may
contact our Customer Service Team.