TERMS & CONDITIONS

Terms of Use

Terms Of Use For Information Dissemination

This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Terms for access or usage of AtoZ Cambodia Portal. This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872.

Tyour Acceptance of This Agreement

This is an agreement between you ("you" or "your") and AtoZ Cambodia. When you access or use any of the Platforms you agree to be bound by these Terms and Conditions ("Terms").

Changes

We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes.

How you may our materials

We use a diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation, content, advertisement and other materials and effects (collectively "Materials") for the search services on the Platforms. We provide the Material through the Platforms FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY.

While every attempt has been made to ascertain the authenticity of the Platforms content, AtoZ Cambodia is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to decisions based on the content in the Platforms which results in any loss of data, revenue, profits, property, infection by viruses etc.

Accordingly, you may view, use, copy, and distribute the Materials found on the Platforms for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to AtoZ Cambodia. You may not use the Platforms or any of them to compile a collection of listings, including a competing listing product or service. You may not use the Platforms or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by AtoZ Cambodia, its subsidiaries, parent companies, and/or any third party owner of such rights.

How You May Use Our Marks

The AtoZ Cambodia company names and logos and all related products and service names, design marks and slogans are trademarks and service marks owned by and used under license from AtoZ Cambodia or its wholly owned subsidiaries. All other trademarks and service marks herein are the property of their respective owners. All copies that you make of the Materials on any of the Platforms must bear any copyright, trademark or other proprietary notice located on the respective Platforms that pertains to the material being copied. You are not authorized to use any AtoZ Cambodia name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of AtoZ Cambodia. Requests for authorisation should be made to AtoZ Cambodia.io

How We May Use Information You Provid to Us

Do not send us any confidential or proprietary information. Except for any personally identifiable information that we agree to keep confidential as provided in our Privacy Policy, any material, including, but not limited to any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and nonproprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.

Reviews, Ratings & Comments by Users

Since, AtoZ Cambodia provides information directory services through various mediums (SMS, WAP, E-Mail, Website, APP and voice or phone), your ("Users") use any of the aforementioned medium to post Reviews, Ratings and Comments about the AtoZ Cambodia services and also about the Advertiser's listed at AtoZ Cambodia is subject to additional terms and conditions as mentioned herein.

You are solely responsible for the content of any transmissions you make to the Site or any transmissions you make to any mediums offered by AtoZ Cambodia and any materials you add to the Site or add to any mediums offered by AtoZ Cambodia, including but not limited to transmissions like your Reviews, Ratings & Comments posted by you(the "Communications"). AtoZ Cambodia does not endorse or accept any of your Communication as representative of their (AtoZ Cambodia) views. By transmitting any public Communication to the Site, you grant AtoZ Cambodia an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all Platforms now known or later developed.

You confirm and warrant that you have the right to grant these rights to AtoZ Cambodia . You hereby waive and grant to AtoZ Cambodia all rights including intellectual property rights and also "moral rights" in your Communications, posted at AtoZ Cambodia through any of the mediums of AtoZ Cambodia. AtoZ Cambodia is free to use all your Communications as per its requirements from time to time. You represent and warrant that you own or otherwise control all of the rights to the content that you post as Review, Rating or Comments; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity. For removal of doubts it is clarified that, the reference to Communications would also mean to include the reviews, ratings and comments posted by your Friend's tagged by you. Also AtoZ Cambodia reserves the right to mask or unmask your identity in respect of your Reviews, Ratings & Comments posted by you.

AtoZ Cambodia has the right, but not the obligation to monitor and edit or remove any content posted by you as Review, Rating or Comments. AtoZ Cambodia cannot review all Communications made on and through any of the mediums of AtoZ Cambodia. However, AtoZ Cambodia reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which AtoZ Cambodia in its sole discretion deems inappropriate, offensive or contrary to any AtoZ Cambodia policy, or that violate this terms:

AtoZ Cambodia reserves the right not to upload or distribute to, or otherwise publish through the Site or Forums any Communication which
  • is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;
  • constitutes or contains false or misleading indications of origin or statements of fact;
  • slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
  • causes injury of any kind to any person or entity;
  • infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;
  • violates any applicable laws, rules, or regulations;
  • contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • impersonates another person or entity, or that collects or uses any information about Site visitors.

It is also clarified that, if there are any issues or claims due to your posts by way of Reviews, Ratings and Comments, then AtoZ Cambodia reserves the right to take appropriate legal action against you. Further, you shall indemnify and protect AtoZ Cambodia against such claims or damages or any issues, due to your posting of such Reviews, Ratings and Comments AtoZ Cambodia takes no responsibility and assumes no liability for any content posted by you or any third party on AtoZ Cambodia site or on any mediums of AtoZ Cambodia.

You further acknowledge that conduct prohibited in connection with your use of the Forums includes, but is not limited to, breaching or attempting to breach the security of the Site or any of the mediums of AtoZ Cambodia.

Privacy Policy

AtoZ Cambodia is committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its clients, business partners and other users of the Website. To read our privacy policy statement regarding such personal information please refer to PRIVACY POLICY.

Content Disclaimer

AtoZ Cambodia communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. While every attempt has been made to ascertain the authenticity of the content on the platform, AtoZ Cambodia has no control over content, the accuracy of such content, integrity or quality of such content and the information on our pages, and material on the Platforms may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any other intellectual property rights compliance, or any resulting loss or damage. Further, we are not liable for any kind of damages, losses or action arising directly or indirectly due to any content, including any errors or omissions in any content, access and/or use of the content on the Platforms or any of them including but not limited to content based decisions resulting in loss of data, revenue, profits, property, infection by viruses etc.

All of the data on products and promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the product or promotion. You should use discretion while using the Platforms .

AtoZ Cambodia reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Platforms. Where appropriate, we will endeavor to update information listed on the Website on a timely basis, but shall not be liable for any inaccuracies.

All rights, title and interest including trademarks and copyrights in respect of the domain name and Platforms content hosted on the Platforms are reserved with AtoZ Cambodia. Users are permitted to read, print or download text, data and/or graphics from the Website or any other Platforms for their personal use only. Unauthorized access, reproduction, redistribution, transmission and/or dealing with any information contained in the Platforms in any other manner, either in whole or in part, are strictly prohibited, failing which strict legal action will be initiated against such users.

Links to external Internet sites may be provided within the content on Website or other Platforms as a convenience to users. The listing of an external site does not imply endorsement of the site by AtoZ Cambodia or its affiliates. AtoZ Cambodia does not make any representations regarding the availability and performance of its Platforms or any of the external websites to which we provide links. When you click on advertiser banners, sponsor links, or other external links from the Website or other Platforms, your browser automatically may direct you to a new browser window that is not hosted or controlled by AtoZ Cambodia.

AtoZ Cambodia and its affiliates are not responsible for the content, functionality, authenticity or technological safety of these external sites. We reserve the right to disable links to or from third-party sites to any of our Platforms, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship.

Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked websites. We do not fully screen or investigate business listing websites before or after including them in directory listings that become part of the Materials on our Platforms, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.

All those sections in the Platforms that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and AtoZ Cambodia will at no point of time be responsible for the accuracy or correctness of such information. AtoZ Cambodia reserves the absolute right to accept/reject information from readers and/or advertisements from advertisers and impose/relax Platforms access rules and regulations for any user(s).

AtoZ Cambodia also reserves the right to impose/change the access regulations of the Platforms , whether in terms of access fee, timings, equipment, access restrictions or otherwise, which shall be posted from time to time under these terms and conditions. It is the responsibility of users to refer to these terms and conditions each time they use the Platforms.

While every attempt has been made to ascertain the authenticity of the content in the Platforms, AtoZ Cambodia is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to any decisions based on content in the Platforms resulting in loss of data, revenue, profits, property, infection by viruses etc.

Warranty Disclaimer

Please remember that any provider of goods or services is entitled to register with AtoZ Cambodia. AtoZ Cambodia does not examine whether the advertisers are good, reputable or quality sellers of goods / service providers. You must satisfy yourself about all relevant aspects prior to availing of the terms of service. AtoZ Cambodia has also not negotiated or discussed any terms of engagement with any of the advertisers. The same should be done by you. Purchasing of goods or availing of services from advertisers shall be at your own risk.

We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Platforms.

References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Platforms.

Any use of the Platforms, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk. AtoZ Cambodia disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the search results in the Platforms.

THE MATERIAL AND THE PLATFORMS USED TO PROVIDE THE MATERIAL (INCLUDING THE WEBSITE ) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. AtoZ Cambodia DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PLATFORMS AND MATERIALS. AtoZ Cambodia DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

AtoZ Cambodia DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE PLATFORMS SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.

Disclaimer for "AtoZ Cambodias

"AtoZ Cambodia verified means, the information related to name, address, contact details of the business establishments have been verified as existing at the time of registering any advertiser with AtoZ Cambodia. This verification is solely based on the documents as supplied by an advertiser/s or as per the details contained in Customer E-Registration Form.

AtoZ Cambodia strongly recommends to its users/callers to verify all relevant details of vendors/services prior to availing any products/services from them. AtoZ Cambodia does not implicitly or explicitly endorse any product/s or services provided by the vendors/service providers.

The "AtoZ Cambodia Certificate is a limited assurance offered by AtoZ Cambodia that the name and contact information of the advertiser and the category in which the advertiser is listed by AtoZ Cambodia, have been verified as existing and correct at the time of the advertiser's application to register with AtoZ Cambodia. AtoZ Cambodia makes no representations or warranties, whether express or implied, including but not limited to warranties of the continued existence and/or operations of the advertiser, or the quality, quantity, merchantability or fitness for use of the goods or services offered by the advertiser.

Additional Disclaimer

Users using any of AtoZ Cambodia service across the following mediums ie. through internet ie www.AtoZ Cambodia Website, Wapsite, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction ) with the Advertiser listed with AtoZ Cambodia.

All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bonafides of the Advertiser/s and AtoZ Cambodia does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with AtoZ Cambodia .Further, AtoZ Cambodia is not at all responsible for any act of Advertiser/s listed at AtoZ Cambodia.

Limitation of Liability

IN NO EVENT SHALL AtoZ CAMBODIA BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE PLATFORMS FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF AtoZ CAMBODIA IS AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE PLATFORMS, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY PLATFORMS. AtoZ CAMBODIA DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE PLATFORMS OR OTHER MATERIAL ACCESSIBLE FROM THE PLATFORMS.

THE USER OF THE PLATFORMS ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PLATFORMS AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Third Party Sites

Your correspondence or business dealing with or participation in the sales promotions of advertisers or service providers found on or through the Platforms, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and such advertisers or service providers. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that we are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on the Platforms. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, authenticity, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources. You acknowledge and agree that your use of these linked sites is subject to different terms of use than these Terms, and may be subject to different privacy practices than those set forth in the Privacy Policy governing the use of the Platforms . We do not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on the Platforms.

MONITORING OF MATERIALS TRANSMITTED BY YOU: Changes may be periodically incorporated into the Platforms. AtoZ Cambodia may make improvements and/or changes in the products, services and/or programs described in these Platforms and the Materials at any time without notice. We are under no obligation to monitor the material residing on or transmitted to the Platforms . However, anyone using the Platforms agrees that AtoZ Cambodia may monitor the Platforms contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Platforms properly or to protect itself and its users. AtoZ Cambodia reserves the right to modify, reject or eliminate any material residing on or transmitted to its Platforms that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions.

DELETIONS FROM SERVICE: AtoZ Cambodia will delete any materials at the request of the user who submitted the materials or at the request of an advertiser who has decided to "opt-out" of the addition of materials to its advertising, including, but not limited to ratings and reviews provided by third parties. AtoZ Cambodia reserves the right to delete (or to refuse to post to public forums) any materials it deems detrimental to the system or is, or in the opinion of AtoZ Cambodia, may be, defamatory, infringing or violate of applicable law. AtoZ Cambodia reserves the right to exclude Material from the Platforms. Materials submitted to AtoZ Cambodia for publication on the Platforms may be edited for length, clarity and/or consistency with AtoZ Cambodia's editorial standards.

Indemnification

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.

Miscellaneous

These Terms will be governed by and construed in accordance with the territorial laws, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and AtoZ Cambodia. AtoZ Cambodia reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. AtoZ Cambodia reserves the right to seek all remedies available at law and in equity for violations of these Terms.

Notices. All of our notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified on the Order for the recipient of such notice.

In no event shall we or any Distribution Site have liability or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. Your payment obligations shall continue during any event of force majeure. Indemnification. You agree to indemnify us and the Distribution Sites and hold us and the Distribution Site harmless from and with respect to any claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, actual attorneys' fees) that may at any time be incurred by us or them arising out of or in connection with these Terms or any Advertising Products or services you request, including, without limitation, any claims, suits or proceedings for defamation or libel, violation of right of privacy or publicity, criminal investigations, infringement of intellectual property, false or deceptive advertising or sales practices and any virus, contaminating or destructive features. Telephone Conversations. All telephone conversations between you and us about your advertising may be recorded and you hereby consent to such monitoring and recordation.

These Terms constitute the entire agreement between you and us with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms. If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Except as provided in Section 1, these Terms may not be modified except by writing signed by you and us; provided, however, we may change these Terms from time to time, and such revised terms and conditions shall be effective with respect to any Advertising Products ordered after written notice of such revised terms to you or, if earlier, posting of such revised terms and conditions on our Website.

Terms of Service

OBLIGATIONS OF AtoZ Cambodia:

  • In providing the Services, the AtoZ Cambodia is acting as an Intermediary between the Merchant and Customers/Users. The contract for the sale of goods or services will be between the Customers/Users and the Merchant. The Merchant shall be solely responsible for all customer service issues relating to its supply of goods or services (including pricing, rebates, item information, availability, technical support, functionality, warranties, guarantees, order fulfillment, shipping, handling, order cancellation, returns, refund, adjustments, feedback and product or service complaints). In performing customer service, the Merchant shall present itself to its customers AtoZ Cambodia Provider. It is the responsibility of the Merchant and not the AtoZ Cambodia to resolve any dispute or claim raised by Customers/Users relating to the purchase or sale of goods or services from the Merchant.
  • In case of an unauthorized Refund or a Refund that was incorrectly executed due to an error by AtoZ Cambodia, AtoZ Cambodia shall at the Merchant's request immediately credit to the Merchant Account the refunded amount including all related Service Fees deducted therefrom. The AtoZ Cambodia shall not be liable, where the unauthorized Refund arises from: (a) the Merchant's failure to keep the personalized security features of the Merchant’s Account safe in accordance security policies prescribed under the law time being in force; or (b) any breach of this Agreement by the Merchant, or the Merchant 's negligence or willful misconduct; (c) if the Merchant fails to notify the AtoZ Cambodia of any loss of the Merchant's Password or other event that could reasonably be expected to have compromised the security of the Merchant Account after the Merchant has gained knowledge of such event; or (d) the Merchant fails to dispute and bring the unauthorized or incorrectly executed transaction to the AtoZ Cambodia’s attention within 24 (Twenty Four) Hours from the time/date of the transaction.
  • AtoZ Cambodia is obligated to perform only those duties expressly described in this Agreement. AtoZ Cambodia shall not be liable for any error in judgment, for any act taken or not taken, or for any mistake of fact , except for as expressly provided for herein.
  • AtoZ Cambodia shall maintain daily transaction records for accounting purposes and data and information generated/maintained by AtoZ Cambodia under this agreement shall prevail and be binding on the parties.
  • AtoZ Cambodia hereby agrees that the payment identification number generated by AtoZ Cambodia shall be the proof of payment made by AtoZ Cambodia to Merchant.

Privacy

  • Your privacy is very important to us. Your accounts details in as much as the services under this terms of services are safe and secure with us.
  • By using our Service, you may receive information about Customers. You must keep such information confidential and only use it in connection with the Services. You may not disclose or distribute any such information to a third party or use the information for marketing purposes unless you receive the express consent of the Customer.

Obligations Towards Financial Institution Partners

As you will be using the AtoZ Cambodia services, you must comply with all applicable rules, guidelines, instructions, requests and actions, etc., made by the Financial Institution Partners from time to time. The Financial Institution Partners may also put limitations and restrictions on you, at its sole discretion. In addition, the Financial Institution Partner has the right to reverse/reject settlement, suspend and/or terminate services, make inspections or inquiries in relation to the Transaction, etc. You understand and acknowledge that the Financial Institution Partners Rules form a part of this Agreement. In the event that your non-compliance of Financial Institution Partners Rules, results in any fines, penalties or other amounts being levied on or demanded of AtoZ Cambodia by an Financial Institution Partners, then without prejudice to AtoZ Cambodia’s other rights hereunder, you shall forthwith indemnify AtoZ Cambodia in an amount equal to the fines, penalties or other amount so levied or demanded. If you fail to comply with your obligations towards the Financial Institution Partners, AtoZ Cambodia may suspend settlement or suspend/terminate the AtoZ Cambodia Services forthwith.

Connectivity and Integrity of Hotlink

  • You shall be responsible at your own costs for providing and maintaining all necessary equipment, software and facilities at your end so as to connect the AtoZ Cambodia Pay Service.
  • You shall be responsible at your own costs for providing and maintaining all necessary equipment, software and facilities at your end so as to connect the AtoZ Cambodia Pay Service.
  • You shall take all such precautions and measures as may be directed by AtoZ Cambodia from time to time to ensure that there is no breach of security and the integrity of the link. You shall also ensure that there are proper encryption and robust security measures to prevent any hacking into the information of the Customers and other data. In addition to the above, you shall also comply with security practices and procedures as prescribed in the Information Technology Act, 2000 and the rules made thereunder and/or the RBI rules and Regulations. Any loss incurred to you, AtoZ Cambodia or Financial Institution Partner as a result of the Hotlink being breached due to improper security on part of you, your employees, contractors, agents, etc, shall be borne solely by you and you agree to indemnify, defend and hold harmless AtoZ Cambodia and the Financial Institution Partner from any claims, actions, damages or losses arising out or in relation thereto.
  • Without prejudice to the generality of the aforesaid, you shall routinely and at such time intervals as may be specified by AtoZ Cambodia check the integrity of the Hotlink and provide such reports from time to time.

Publicity

Merchant hereby agrees and confirms to include the name and logo of AtoZ Cambodia/AtoZ Cambodia Pay Services in all of their advertisement / promotional material upon taking written consent from AtoZ Cambodia in writing .

Representation, Covenants and Warranties of Merchant:

  • Merchant has all the necessary licenses, permissions, approvals, rights and is fully authorized to sell the products/services to customers;
  • Merchant has full corporate power and authority to execute, deliver and perform this Agreement;
  • Merchant has obtained all licenses, clearances, permissions, approvals or consents from any third party or any regulatory or government body which are required by applicable law or regulations, to execute the business/services of this Agreement.
  • Merchant confirms that, the execution of this Agreement and the performance of its obligations under this Agreement and the implementations of the terms and conditions contemplated hereby do not constitute a breach of any contract, agreement, arrangement or understanding, entered into by it with any third party, or any IPR of any third party;
  • Merchant confirms that the execution of this Agreement and the performance of its obligations under this Agreement and the implementations of the terms and conditions contemplated hereby does not violate any statute, regulation, rule, order, decree, injunction or other restriction of any governmental agency or Court or any regulatory authority to which it is subject or any of the provisions of its’ constitutional documents.
  • Merchant shall post its refund/cancellation policy on its Website and shall ensure that its Customers are bound by the refund/cancellation policy. Merchant agrees to put up such notices, disclaimers or warranties as may be required under the law and/or by AtoZ Cambodia.
  • Merchant hereby agrees that AtoZ Cambodia does not verify the identity of Users of the Service and that the information provided to Merchant is the information received from the User/customer which has not been independently verified by AtoZ Cambodia.
  • In consideration of AtoZ Cambodia providing the services as provided under this agreement, Merchant shall at all times use the logo of AtoZ Cambodia / AtoZ Cambodia Pay services in all their promotional material and in their advertisement after taking the written consent from AtoZ Cambodia.

Ownership and Intellectual Property Rights

  • Both the Parties hereby acknowledge and agree that each Party is the absolute owner of all right, title and interest in respect of their own trade name, logo, trademark, copyright, device, label, color combination, artwork and visual representation and they shall not, by virtue of this Agreement, assume activities under this Agreement or affiliation with the other Party, acquire or claim any interest in any such trade names or copyright belonging to and/or owned by the other Party.
  • Each Party shall at all times render assistance in its power to restrain the infringement, passing-off, duplication, unauthorized use or colorable imitation of any such trade descriptions, logo, device, label, art work, trade names, trademarks or Copyrights.
  • Each Party hereby agrees and undertakes that it shall not register, use or file and/ or assist in and/ or allow registering, using or filing, either directly or indirectly, for itself or through, on behalf of or in conjunction with any person or legal entity and whether as principal, agent, shareholder, consultant, employee or in any capacity whatsoever, any trademarks/ service marks in any class, either alone or in combination with any other mark or material, which is similar and or identical and/ or resembling in any manner with the other party’s marks and/ or intellectual property rights of the other party and not to associate the other party marks and/ or intellectual property rights of the other party with its own business and/ or the business of any third party associated with it, except as contemplated under this Agreement.
  • Upon the termination of this Agreement for any reason, the Parties shall immediately cease to use the other party’s marks and/ or intellectual property rights vested in the other party in any manner whatsoever.
  • Either Party shall not claim any right, title, or interest in the other party's marks and/ or intellectual property rights vested in the other party and the same shall at all times continue to be the exclusive property of the other party.
  • Either party shall not directly or indirectly do anything which shall have an adverse impact on the other party’s marks and/ or intellectual property rights and/ or confidential information of the other party. In the event of termination of this Agreement the provisions of this Clause 10 shall survive the termination of this Agreement.

Confidentiality

  • Except as specifically set out in this Agreement, no announcement or communication concerning the terms of this Agreement shall be made or caused to be made before or after the execution of this Agreement, by both Parties without mutual consent.
  • Both Parties have agreed that, save and except with the prior written consent of the other Party:
    • On and from the date of this Agreement, the contents of this Agreement and any documents, data, or information, which a Party may obtain from the other Party pursuant to this Agreement, or sensitive personal data and information defined under the Information Technology (reasonable security practices and procedure and sensitive personal data or information) Rule, 2011 (hereinafter referred to as "Confidential Information") shall be kept confidential and shall not be disclosed by either Party to any third party.
    • Upon the expiry of the term of this Agreement or the termination of this Agreement, neither Party shall issue any adverse official written communication relating to such termination or the factum of this Agreement.
    • However, the Parties may disclose such Confidential Information under following circumstances: (i) if it is essential for the assessment of the transaction to disclose Confidential Information, (ii) may disclose such Confidential Information to its employees, agents and advisors (including without limitation, attorneys, accountants, consultants, bankers, financial advisors, or their representatives) whose knowledge of the Confidential Information is essential for fulfilling its obligations under the Agreement; (iii) disclose the said confidential Information to lawful authority after getting the lawful order; & (iv) where the disclosure is necessary for compliance of a legal obligation. Subject to the aforesaid conditions, the Parties shall not under any circumstances disclose to any third party or to any other AtoZ Cambodia the terms and conditions of this Agreement & all confidential Information, documents, manuals and other materials provided by the other Party, during the subsistence & survival of this Agreement.
  • Upon the expiration, cancellation or termination of this Agreement, each Party shall forthwith stop using and, return or destroy all Confidential Information, documents, manuals and other materials provided by the other Party. Upon request, the receiving Party shall send the disclosing Party a certificate specifying that all the Confidential Information, documents, manuals and other materials have either been destroyed or returned.
  • In the event either Party violates or causes to be violated any of the provisions of this Clause during the term of this Agreement and after its expiry or sooner termination, the other Party shall, without prejudice to its other rights to claim injunctive relief, be entitled to claim from the Party in breach, and the Party in breach shall be liable to pay to the other Party as liquidated damages, compensation to the tune of actual amount of damages as determined and supported by proof of evidence, by the other Party. The above clause shall survive for the period of three years after the termination of the Agreement.
  • Duty or misrepresentation, or otherwise, shall be limited to an amount not more than the payment made by the customers/users in the one month immediately prior to the date on which the cause of action for such liability arose;

Term

This Agreement shall remain in force continuously from the date of execution of this Agreement, until and unless otherwise terminated by either party by giving 30 (Thirty) days prior written notice to the other party. The duration may be reduced as mutually decided by both the parties.

Termination

  • Each party shall have the option to terminate this Agreement at any time by giving 30 (thirty) days advance notice in writing to that effect to the other party.
  • The Parties have right to terminate this Agreement forthwith by a notice in writing to the other Party, if other Party has committed any material breach of its obligations specified under this Agreement or has violated any law under which its right to business may cease and has failed to remedy the highlighting such breach or non-performance within one week.
  • Each Party shall have the option to terminate this Agreement, by giving notice in writing, in the event that any other Party becomes insolvent, goes into liquidation or a liquidator is appointed to wind up the Company.
  • This Agreement shall stand terminated automatically if the business of the merchant becomes illegal/unlawful/banned by the law of the land or if the Merchant indulges in any illegal act or practice that makes its business illegal/unlawful/banned or if any transaction has taken place which results directly or indirectly in Money Laundering activities or financing of terrorists activities. AtoZ Cambodia shall not be liable for such activities/transactions and Merchant shall be solely responsible / liable for any action taken by any Government or regulatory authority.
  • In the event of the termination of this Agreement either Party will, forthwith return all the signage, literature, banners, glow-signs and any such other promotional material to other party. The termination shall not affect any liabilities incurred by the either Parties prior to the termination of the Agreement or for acts performed during the pendency of the Agreement which may result in a dispute post termination of the Agreement nor any provision expressed to survive or to be effective on termination and the obligations set out in this clause shall remain in full force and effect notwithstanding termination.

General Provisions

  • Assignment : Neither Party shall assign the obligations nor any of the benefits under this Agreement to any persons, firm or company, save and except with prior written permission from the other party.
  • Waivers : Waivers: No waiver by either party of any of their terms hereof or of any breach thereof shall constitute or be deemed to be a waiver of any such terms or of any breach in any other case whether prior or subsequent thereto.
  • Force Majeure : Neither party to this Agreement shall be responsible for any delay in the performance of any terms and conditions hereunder to the extent that such delay is caused by war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action, Acts of God (force majeure ) including, but not restricted to, strike, lock-out, fire, break-down, war, destruction of network, web space or website by way of hacking, virus prone, defacement, stoppage of display or transmission of the website/app of AtoZ Cambodia, Act, or Regulation, or restriction of Government, inability to secure Government authorization, or approval, or any other cause beyond their reasonable control, including the breakdown of systems and any other causes beyond its reasonable control.

    If at any time during the term of this agreement the performance in whole or in part by any one of the parties, of any obligation under this agreement is prevented or delayed by reason of war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action or Act of God, the other party shall not be entitled to terminate this agreement neither shall any party have any claim for damages against the other in respect of such non-performance or delay in performance, provided notice of the happening of any such event/s is given by the affected party to the other within twenty one (21) days from the date of occurrence.
  • Notice : Delivery of Notice: All notices or other communications required to be given hereunder shall be in writing and delivered either personally or by registered A.D. and /or mail, certified, return receipt requested postage prepaid, and addressed as provided in this Agreement or as otherwise requested by the receiving party. Notices delivered personally shall be effective upon delivery and notices delivered by mail shall be effective upon their receipt by the party to whom it is addressed. The Parties shall notify any change in address to the other party promptly. In case of failure to inform the other Party about the change of address, the notice shall be served to the address mentioned in this agreement and shall be treated as properly served.
  • Entire Agreement : This Agreement constitutes the entire Agreement between Merchant and the AtoZ Cambodia pertaining to the subject matter hereof and supersedes in their entirety all written or oral agreements between the parties.
  • Severability : If any provision of this Agreement is determined to be unenforceable for any reason, then the remaining provisions hereof shall remain unaffected and in full force and effect.
  • Variations of Agreement : No variation or amendment to this Agreement shall bind either party unless made in writing and signed by the duly authorized persons/officers of both the parties.
  • Jurisdiction : It is mutually agreed between the parties hereto that any dispute or claim arising under this Agreement shall be subject to the jurisdiction of the Courts of Odisha.

Annexure ‘A’

Banned/Prohibited list of Products and Services referred to in this Agreement is as mentioned herein below:-

  • Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery an d other media); escort or prostitution services; website access and/or website memberships of pornography or illegal sites.
  • Alcohol which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne.
  • Body parts which include organs or other body parts.
  • Bulk marketing tools which include email lists, software, or other products enabling unsolicited email messages (spam).
  • Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free.
  • Child pornography which includes pornographic materials involving minors.
  • Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection
  • Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials
  • Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software.
  • Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods.
  • Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms.
  • Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items.
  • Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction.
  • Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrollment in online gambling sites, and related content.
  • Government IDs or documents which include fake IDs, passports, diplomas, and noble titles.
  • Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, website, or other protected property.
  • Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts.
  • Miracle cures which include unsubstantiated cures, remedies or other items marketed as quick health fixes.
  • Offensive goods which includes literature, products or other materials that:
    • Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors
    • Encourage or incite violent acts
    • Promote intolerance or hatred.
  • Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals.
  • Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner.
  • Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives, fireworks and related goods; toxic, flammable, and radioactive materials and substances.
  • Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications.
  • Securities which includes stocks, bonds, or related financial products.
  • Traffic devices which includes radar detectors/jammers, license plate covers, traffic signal changers, and related products.
  • Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments.
  • Wholesale currency which includes discounted currencies or currency exchanges.
  • Live animals or hides/skins/teeth, nails and other parts etc of animals.
  • Multi Level Marketing collection fees.
  • Matrix sites or sites using a matrix scheme approach.
  • Work-at-home approach and/or Work-at-home information.
  • Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of India.
  • Merchant providing services that have the potential of casting AtoZ Cambodia and/or Payment System Providers in a poor light and/or that may be prone to ―Buy & Deny‖ attitude of the cardholders when billed (e.g. Adult material/ mature content/Escort services/ friend finders) and thus leading to chargeback and fraud losses.
  • Businesses or websites that operate within the scope of laws which are not absolutely clear or are ambiguous in nature (e.g. Web-based telephony, websites supplying medicines or controlled substances, websites that promise online match-making).
  • Businesses out rightly banned by law (e.g. Betting & Gambling/ publications or content that is likely to be interpreted by the authorities as leading to moral turpitude or decadence or incite caste/communal tensions, lotteries/sweepstakes & games of chance.
  • Merchant who deal in intangible goods/ services (eg. software download/ Health/ Beauty Products), and businesses involved in pyramid marketing schemes or get-rich-quick schemes. Any other product or Service, which in the sole opinion of either AtoZ Cambodia or Payment System Providers , is detrimental to the image and interests of either of them / both of them, as communicated by either of them/ both of them to Merchant from time to time. This shall be without prejudice to any other terms & conditions mentioned in this Agreement.
  • Bulk marketing tools which include email, lists, software, or other products enabling unsolicited email messages (spam).
  • Web-based telephony/ SMS/Text/Facsimile services or Calling Cards. Bandwidth or Data transfer/ allied services. Voice process /knowledge process services.

Documentations

  • The collection, verification, audit and maintenance of correct and updated Customer information is a continuous process and AtoZ Cambodia reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements. AtoZ Cambodia reserves the right to discontinue services/ reject applications for AtoZ Cambodia Services at any time if there are discrepancies in information and/or documentation provided by you.
  • Any information provided to AtoZ Cambodia with the intention of securing AtoZ Cambodia Services shall vest with AtoZ Cambodia, and may be used by AtoZ Cambodia, for any purpose consistent with any applicable law or regulation, at its discretion.
  • Once you have successfully created an Account after completing the registration process in accordance with these T&Cs, you can start availing of our AtoZ Services.
  • Once you have successfully created an Account after completing the registration process in accordance with these T&Cs, you can start availing of our AtoZ Cambodia Services.

Your Use of Our Information

Except for Posted Information that you submit, all of the information available on or through the Services and/or the Website, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent and trade secret laws, other proprietary rights and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain AtoZ Cambodia's proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Website in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in the Website and the Services not expressly granted by us to you are retained by AtoZ Cambodia.

Termination/Suspension of Service

  • We may suspend or terminate your access to the AtoZ Cambodia Services without notice where it is reasonable for us to do so and specifically if: (i) for any reason we decide to discontinue to provide the AtoZ Cambodia , (ii) we believe that you have breached any of the terms of this Agreement, (iii) your use of the AtoZ Cambodia has been in any way improper or breaches the spirit of this Agreement, (iv) we reasonably believe use of the AtoZ Cambodia may be at risk of fraud or misuse; (v) our information technology infrastructure has failed, is experiencing outages or requires maintenance; or (vi) ordered or recommended to do so by the security services, court or a relevant regulatory authority.
  • AtoZ Cambodia reserves the right to suspend/discontinue AtoZ Cambodia Services to you at any time, for any cause, including, but not limited, to the following-
    • For any suspected violation of the rules, regulations, orders, directions, notifications issued by the statutory bodies from time to time or for any violation of the terms and conditions mentioned in this document.
    • For any suspected discrepancy in the particular(s), documentation or registration Form provided by you;
    • To combat potential fraud, sabotage, willful destruction, threat to national security or for any other force majeure reasons etc;
    • If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons.
    • If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
    • If the mobile connection with which your AtoZ Cambodia Services is related ceases to be operational or in your possession or control.
    • If AtoZ Cambodia believes, in its reasonable opinion, that cessation/ suspension is necessary.

Third Party Information of The Website

  • As some information appearing on the Website is provided to AtoZ Cambodia by third parties, AtoZ Cambodia will have no liability in respect of any loss or damage arising from third party information which appears on the Website, including the manner in which the information is displayed or information which may be: Out of date; Inaccurate; Duplication; Impersonation by a person to be another person.
  • All dealings and communication arising from AtoZ Cambodia's facilitation of interaction between Merchant and users will be between the Merchant and users only and AtoZ Cambodia is not responsible in any manner for any communication between the users and the Merchant, and has no liability in respect of such dealings whatsoever. AtoZ Cambodia is not an agent for any of the Merchants listed on this Website and AtoZ Cambodia has no responsibility for and no liability whatsoever in respect of the conduct of a Merchant or quality of service provided by a Merchant.

Additional T & Cs

  • When you acquire goods, software or any other services from a Merchant Establishment through any of AtoZ Cambodia's Services, you understand and agree that, AtoZ Cambodia is not a party to the contract between you and the Merchant Establishment. Furthermore, AtoZ Cambodia is under no obligation to monitor the Merchant Establishment’s service used by you; the Merchant Establishment alone will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. Any dispute with or complaint against any Merchant Establishment must be directly resolved by the Customer with the Merchant Establishment. It is clarified that AtoZ Cambodia shall not be responsible or liable for any deficiency in goods and/or services purchased using AtoZ Cambodia Services. This exclusion of liability shall apply even for goods and/or services made available by AtoZ Cambodia under promotional schemes. You are instructed to satisfy yourself regarding the quality, quantity and fitness of any good and/or service before purchasing the same.
  • Any amount transferred erroneously by the Customer to any Merchant Establishment shall not be refunded to the Customer by AtoZ Cambodia in any circumstances.
  • In the event of any dispute, AtoZ Cambodia records shall be binding as the conclusive evidence of the Transactions carried out through use of AtoZ Cambodia Services.
  • AtoZ Cambodia shall send all customer communications by SMS and/or email/link and the SMS/link/email shall be deemed to have been received by you after they have been submitted for delivery to the mobile phone operator.
  • You agree to receive all commercial messages including transactional messages from AtoZ Cambodia.

Disclaimer

  • WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE PLATFORM/NETWORK AND SERVICES OFFERED. WE EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE.
  • THE AtoZ Cambodia SERVICES IS PROVIDED "AS IS" "WHERE IS", "WITH ALL FAULTS" BASIS. WE MAKE NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE SATISFACTORY QUALITY, FITNESS FOR PURPOSE, COMPLETENESS OR ACCURACY OF THE SERVICE OFFERED THROUGH THE AtoZ Cambodia.
  • WE MAKE NO WARRANTY THAT THE OPERATION OF THE AtoZ Cambodia WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS ,OR REPRESENT THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS THEREIN.

Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEITHER AtoZ Cambodia, NOR ITS AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ANY RELATED PARTY SHALL HAVE ANY LIABILITY TO USERS OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR RELATING TO THESE TERMS, THE SITE OR THE OFFERINGS, EVEN IF ANY OF SAID PARTIES HAD BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You agree to indemnify, defend and hold AtoZ Cambodia and/or related parties harmless from any and all claims, losses, damages, and liabilities, penalty, costs and expenses, including and without limitation legal fees and expenses, arising out of or related to your use or misuse of the AtoZ Cambodia Services, any breach of these Terms and Conditions, or any breach of the representations, warranties, and covenants made by you.

Compliance with Law

AtoZ Cambodia shall comply with the laws as applicable for the time being in force.

Confidentiality

You specifically agree that in order to facilitate the provision of AtoZ Cambodia Services, AtoZ Cambodia may be required to disclose any information or particulars pertaining to you to any authority, statutory or otherwise.

Intellectual Property Rights

The AtoZ Cambodia hereby grants you the non-exclusive, non-transferable right to use our AtoZ Cambodia services in accordance with this Agreement. We, or our licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights ("IP Rights"), in and to the website, the Usage Data or AtoZ Cambodia Pay services. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the Site, the Platform or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the AtoZ Cambodia Pay to create a competing product. You hereby acknowledge that by using the AtoZ Cambodia Pay services, you obtain no rights in the software, trademarks or content related to the AtoZ Cambodia Pay and you may only use the same in accordance with this Agreement. Unauthorized use is strictly prohibited. All rights are expressly reserved to AtoZ Cambodia.

Force Majeure

AtoZ Cambodia shall not be responsible for any delay in the performance of any terms and conditions hereunder to the extent that such delay is caused by technical issue, server malfunction, war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action, Acts of God (force majeure ) including, but not restricted to, strike, lock-out, fire, break-down, war, destruction of network, web space or website by way of hacking, virus prone, defacement, stoppage of display or transmission of the website/app of AtoZ Cambodia, Act, or Regulation, or restriction of Government, inability to secure Government authorization, or approval, or any other cause beyond their reasonable control, including the breakdown of systems and any other causes beyond its reasonable control.

General

  • We reserve the right to modify or terminate the AtoZ Cambodia Pay Services at any time, without notice, and we will not be liable to you as a result of any such action.
  • AtoZ Cambodia shall have the right to assign/transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates group companies.
  • This Agreement constitutes the entire Agreement between Merchant and the AtoZ Cambodia pertaining to the subject matter hereof and supersedes in their entirety all written or oral agreements between the parties.
  • The Parties to this Agreement are independent contractors and nothing in this Agreement shall make them joint ventures, partners, employees, agents, associates, affiliates or other representatives of the other party hereto.
  • To the maximum extent permitted by law, you waive, release, discharge and hold harmless AtoZ Cambodia, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the Platform/ AtoZ Cambodia Services.
  • If any provision of this Agreement is determined to be unenforceable for any reason, then the remaining provisions hereof shall remain unaffected and in full force and effect.
  • In this Agreement and unless otherwise stated, "we", "us" or "our" refers collectively to the AtoZ Cambodia and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.