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{KHCH (Cambodia)>} d/b/a KHCH.com (“KHCH,” “us,” “our” or “we”) is an intermediary technology platform (“Platform” or “Site”) that permits vehicle sellers to match with prospective buyers and facilitation of auxiliary automotive products and services offered by respective service providers.. By accessing the Site or using the services, website, applications and software provided through or in connection with the Site, including through a mobile device (the "Service") in any manner, you become a KHCH user (“User”). You acknowledge that KHCH is a platform that acts as a facilitator of product and services.
The Service is offered subject to acceptance of all of the terms contained in these Terms of Use, including the Privacy Policy and all other operating rules, policies, and procedures that may be published on the Site by KHCH, each of which is incorporated by reference and each of which may be updated by us from time to time without notice to you or liability for such change.
We reserve the right, at our sole discretion and without prior notice, to modify or replace these Terms of Use, or change the Site, stop providing the Site, applications or services, or create usage limits for the Site, or change, improve or correct the information, materials and descriptions on the Site at any time for any reason. We may permanently or temporarily terminate or suspend your access to the Site without notice or liability, for any reason or for no reason, including if in our sole determination you violate any provision of these Terms of Use. You are solely responsible for checking the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes. Upon termination of these Terms of Use or your access to the Site for any reason or no reason, you will continue to be bound by these Terms of Use which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability. The information and materials on the Site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and KHCH does not undertake any obligation or responsibility to update or amend any such information. You agree that KHCH and its subsidiaries and affiliates will not be liable to you or to any third party for any such modification, suspension or discontinuance.
You represent and warrant that if you are an individual, you are fully able and competent to enter into the terms and conditions set forth in this and other agreements on the Site, and that all registration information you submit is truthful, accurate and complete. If you are accessing the Site and/or using the Services on behalf of an entity, such as your employer or a company you work for or control, you warrant and represent that you have the legal authority to bind that entity to these Terms of Use.
We Provide the most of this website on an open access basis, but you may need to register an account with us for use of certain features. Please refer to our Privacy Policy for information about how we use your personal data.
You may access the Site generally and/or browse generally without registering with the Site. You must complete the registration process by providing us with current, complete and accurate information. You are solely responsible for updating any and all pertinent registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Profile. You will also choose a password and a user name. KHCH reserves the right in its sole discretion to refuse registration of or cancel a User Name, and domain name. You are solely responsible for maintaining the confidentiality of your password and Profile. You agree to notify KHCH immediately in writing of any unauthorized use of your Profile or any other breach of security. You will not share your password, let anyone else access your Profile, or do anything else that might jeopardize the security of your Profile. You will not transfer your Profile to anyone without first getting our written permission. You acknowledge and agree that you are liable for any damages or losses to KHCH and other Users by any use of your Profile, either authorized or unauthorized. You agree that your Profile will be self-directed and that you are solely responsible for all decisions and instructions placed in your Profile. Although the Site may provide data, information or content provided by third-parties or us relating to opportunities to buy and/or sell vehicles, you should not interpret any such content as tax, legal, financial, or investment advice by us. Any decision to perform any transaction(s) shall be based solely on your own consideration and analysis of the risks involving a particular listing and is made at your own risk. You acknowledge and agree that you are solely responsible for determining the suitability of a listed advertisement or transaction and accept the risks associated with such decisions. We have no special relationship with or fiduciary duty to you and your use of the Site or the Services does not create such a relationship. You agree and acknowledge that you are responsible for conducting your own legal, accounting and other due diligence review of the postings on the Site.
By submitting any content (including without limitation, any photograph, words, pictures, or symbols) to our Website while logged in as a Member or advertiser, you hereby grant to us rights as stated in the Terms of use.
You represent and warrant that all information that you provide to KHCH or through the Site is accurate, complete and truthful. KHCH and its affiliates and agents are entitled to rely upon the information you provide as true, accurate and complete without independent verification. We reserve the right to suspend or terminate your Profile if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are expressly prohibited from doing the following acts: (a) using the Site, or any services and or tools if you are temporarily, or indefinitely, suspended from using the Site, services or any tools; (b) collecting personal information about other Users; (c) interfering with other Users’ listings; or (d) posting false, inaccurate, misleading, defamatory, or libelous content on the Site. We reserve the right to terminate or limit your access to the Site and/or the licenses granted herein for any reason and in our sole discretion. You agree not to modify, damage, disrupt, disable, overburden, impair, alter or interfere with the use, features, functions, operation, security or maintenance of the Site or the rights or use and enjoyment of the Site by any other person or entity in any manner. You are prohibited from posting or transmitting any material on or through the Site that, in KHCH ‘sole opinion, is or could be offensive, fraudulent, unlawful, threatening, disingenuous, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. KHCH will fully cooperate with any law enforcement authorities or court order requesting or directing KHCH to disclose the identity of anyone posting any such information or materials on the Site.
To the extent permissible under law, KHCH assumes no liability or responsibility for any errors or omissions in the content of the Site. KHCH does not endorse or represent the completeness, reliability or accuracy of any content or information distributed through or accessed from the Site and has not performed any investigation into such information. You agree that any reliance upon any content or information distributed through or accessed from the Site is at your sole risk. KHCH is entitled to rely upon the information provided by its Users. KHCH has not reviewed all of the links provided on the Site and is not responsible for the content of any off-Site pages. Clicking on hyperlinks and visiting any off-Site pages is solely done at your own risk.
At our request, you agree to indemnify us fully, defend us, and hold us harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from (i) your use or misuse of the Website; (ii) your breach of these Terms; (iii) and/or your violation of any law or the rights of a third party, including the use by any other persons accessing the Website using your Internet account caused by your action or inaction. You agree to cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of our Site believes its copyright rights have been infringed on our Site, the copyright's) owner (“Complaining Party”) should send notification to Our Designated Agent (as identified below) immediately. To be effective, the notification must include:
All content and images on the Site are either the property of, or used with permission by KHCH. The use of the content or images by you or anyone authorized by you, is prohibited unless specifically permitted by these Terms of Use or provided elsewhere on the Site. By providing content on the Site, you grant us a royalty-free, non-exclusive, worldwide license, under your intellectual property rights, to copy, reformat, index, modify, display, distribute and put to commercial and other uses the Site. No compensation will be paid with respect to our use such content. KHCH neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned or affiliated with KHCH. The trademarks, logo and slogans displayed on the Site, including the mark KHCH, (collectively the "Trademarks") are owned by KHCH and others. Nothing on this Site should be construed as granting any license or right to use the Trademarks without written permission of KHCH or such third party owner of the Trademarks. Your misuse of the Trademarks, or any other content on the Site, except as provided in these Terms of Use, is strictly prohibited. You are advised that KHCH will aggressively enforce its intellectual property rights to the fullest extent of the law. You acknowledge and agree that we own, or has the licence to use the Content on the Website and any and all intellectual property rights used or embodied in or in connection with the Website. The Content shall not be reproduced, republished, transmitted or distributed in any way, without prior written permission from us.
You agree that KHCH may send communications to you via your mailing address, email, telephone or facsimile number provided by you on your Profile. You agree to notify us of any changes in your address or contact details. KHCH may also deliver information verbally. Communications shall be deemed delivered to you when sent and not when received. Your use of electronic signatures to sign documents legally binds you in the same manner as if you had manually signed such documents. The use of an electronic version of documents fully satisfies any requirement that such documents be provided you be provided to me in writing. If you sign electronically, you represent that you have the ability to access and retain a record of such documents. You agree that you are responsible for understanding these documents and agree to conduct business by electronic means. You agree that any information that you transmit to the Site or KHCH in any manner including, but not limited to, pictures, videos, questions, comments, suggestions, website addresses and links to other website/articles, etc. is non-confidential and nonproprietary and can be used by KHCH or its affiliates for any purpose. KHCH is free to use any idea, concepts, know-how, techniques, etc. contained in any communication to the Site of the KHCH for any purpose.
Your use of the Site is solely at your own risk. To the fullest extent permissible by law, in no event shall KHCH, its affiliates, nor each of its affiliates’ directors, employees, managers, agents, contractors, partners, suppliers, or content providers be liable for damages under contract, tort, strict liability, negligence, or any other legal or equitable theory arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “as is,” “as available,” and “when available” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties or limitation of incidental or consequential damages, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. KHCH assumes no responsibility for, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. Although KHCH may from time to time monitor or review discussions, postings, transmissions, and the like on the Site, KHCH is under no obligation to do so and assumes no responsibility or liability arising from such content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, profanity, danger or inaccuracy contained in any information within such locations on the Site. KHCH reserves the right to remove any content from the Site or to restrict access to the Site for any reason without notice.
The Site may contain links to third party websites (“Third-Party Sites”). These links are provided only as a convenience to you. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by KHCH of any information, materials, products, or services contained in or accessible through any Third-Party Site. In no event shall KHCH be responsible for the information contained on any Third-Party Sites or your use of or inability to use any Third-Party Sites. You acknowledge and agree that KHCH shall not be liable or responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or related to the use of or reliance on any content, goods, or services available through any third-party website or resource. YOU AGREE THAT ACCESS AND USE OF THIRD-PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD-PARTY SITES OR AVAILABLE THROUGH THIRD-PARTY SITES, IS SOLELY AT YOUR OWN RISK AND DISCRETION. Your access and use of the Third-Party Sites are governed by the Terms of Use and Privacy Policies of these Third-Party Sites. We strongly encourage you to carefully review the Terms of Use and the Privacy Policies of any Third Party Services from which you access through our Site.
We may provide notifications, including those regarding modifications to these Terms of Use, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our Site, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to visitors. Note that you may opt out of certain means of notification as described in these Terms of Use. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provided to us
The failure of KHCH to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of KHCH. These Terms of Use and other referenced materials are the entire agreement between you and KHCH with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and KHCH with respect to the Service and govern the future relationship. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court or arbitral, as applicable, of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect and enforceable.
If you provide your mobile phone number to us, by doing so you consent to receive text message alerts from us containing product, event, or promotional information in a text or SMS message (“Text Messages”). You can unsubscribe from receiving Text Messages at any time by replying “STOP” to one of our Text Messages. These Terms of Use contain the entire understanding between you and KHCH relating to the Site and KHCH’s services. These Terms of Use supersede any other Terms of Use or agreement regarding the Site and KHCH’s services prior to the Effective Date below. Effective Date These Terms of Use Were Last Updated On December 30, 2019. ©2019 All Rights Reserved