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.