User Agreement (Cambodia)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!

This User Agreement sets out the terms for accessing and using the mobile versions of Internet site, mobile applications and other internet portals owned, operated, trademarked by KUBUNEX TECHNOLOGY CO.,LTD or accessed by 1628mall.com (as defined below ) from time to time that relate to: (a) the internet version and the mobile optimized version of sites identified by the uniform resource locator “1628mall.com”, and mobile applications of Kubunex electronic platform ( hereinafter referred to “1628Mall Application ””1628mall.com”, “KUBUNEX TECHNOLOGY CO.,LTD Sites”). This document is legally binding agreement between You as a user (s) of the Sites (hereinafter referred to as “You”, “Your”, “User”) and the legal company KUBUNEX TECHNOLOGY CO., LTD, concluding an agreement and defined in accordance with clause below (hereinafter referred to as “We”, “Our”, or “1628Mall”).

 

1. Application and acceptance of conditions

1.1 The terms contained in this document govern your access and use of the Sites and Services, software and products(using the Sites that include the platforms specified in clause 7.1 of the Terms (such services, software and products are hereinafter collectively referred to as “Services”) of 1628Mall , along with the Privacy Policy, and other rules and Site Policies that 1628Mall may post periodically. Promotion Services referred to in the Free Membership Agreement 1628Mall includes Search Priority, Paid Product Placement, and other services that 1628Mall notifies from time to time. This document and other similar rules and Site Policies are hereinafter collectively referred to as “Terms”. When using, or when accessing the Sites and “Services”, you agree to accept and agree to be bound by the Terms. Please do not use or access the Services and Sites if you do not accept all Terms.

1.2 You may not use and access the Services or Sites and cannot agree to the Terms if (a) your age does not allow you to enter into a contract with 1628Mall , or (b) you are prohibited from using any of the Services under the laws of Cambodia or another country / region, including the country / region of which you are a resident or, being in which, you use or access the Services and Sites.

1.3 1628Mall may change any of the Terms at any time by posting the corresponding amended and updated Terms on the Sites. By continuing to use or access the Services or Sites, you confirm your agreement with the modified and amended Terms.

1.4 If 1628Mall has published or provided a translation of an English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version governs your use and access to the Services or Sites.

1.5 In some cases, you must enter into a separate agreement (or agreements) online or outside the Internet, with 1628Mall for the provision of any Services (or part of the Services) (hereinafter – the “Additional Agreement”). If the provisions of the Terms and Additional Agreements do not correspond or contradict each other, the priority is given to the Additional Agreements only in the part that regulates the provision of the relevant Services (or part of the Services) provided under such Additional Agreements.

1.6 The Terms may not be changed or supplemented in any way other than in writing by an authorized officer of 1628Mall.

2. Provision of Services and Legal Information

 2.2. You must register as a member of the Sites to access and use some of the Services. Further, 1628Mall reserves the right, without prior notice, to restrict access to or use of certain Services (or parts of the Service) for paid Users or subject to other conditions that 1628Mall may impose at its discretion.

2.3 The Services (or any part of the Service provided) may differ depending on the region and country. 1628Mall does not guarantee or represent that a particular Service, or a feature or function of the Service, or a similar and enhanced Service will be available to Users. 1628Mall may, in its sole discretion, limit, cancel or create different levels of access and use of any Service (or any part of the Service provided) in relation to different users.

2.4 1628Mall may create, change, improve, introduce conditions, suspend, or cancel the provision of any Service (or any part of the Service) without prior notice, except for the provision of a paid Service, when such changes will not significantly negatively affect the ability of paid Users to use such The Service, excluding any 1628mall.com Users from the Applicable Jurisdictions. With respect to any 1628mall.com and 1628Mall application Users from the Relevant Jurisdictions, KUBUNEX TECHNOLOGY CO., LTD may start, change, update, set conditions, suspend, or discontinue any Services (or any functions within the Services) without prior notice, except in relation to paid Services.

2.5 Certain or part of the Services may be provided by affiliates of 1628mall.com on behalf of and on behalf of 1628Mall.

 

3. Conditions for all users

3.1 As a prerequisite for your access to and use of the Sites and Services, you confirm compliance with all applicable laws and regulations when using and accessing the Sites and Services.

3.2 You acknowledge that you (a) will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, videos, sounds, directories, files, databases or lists, etc. available on the Sites (Site Content), and (b) you will not copy, reproduce, download, collect or in any other way use the Site Content for the purpose of conducting business in competition with the business of 1628Mall, or by any method to commercially use the Site Content. Systematic search of Site Content on the Sites to create or compile, directly or indirectly, collections, accumulations, databases, directories (using robots, spyware, automatic devices or manually) without the written permission of 1628Mall is prohibited.

3.3 It is your responsibility to read the following documents that govern the protection and use of personal information about Users held by 1628Mall and our affiliates:

1. a) for Users who use or access the Sites related to the KUBUNEX TECHNOLOGY CO., LTD electronic trading platform – 1628Mall Privacy Policy; and
2. b) for Users who use, or access Sites related to electronic trading platforms Kubunex – 1628Mall Privacy Policy, or the Privacy Policy (hereinafter collectively referred to as the “Privacy Policy”).

3.4 You acknowledge that you will not take any action that may compromise the integrity of the computer systems and networks of 1628mall.com and / or any Users and will not have unauthorized access to such computer systems and or networks.

3.5 You acknowledge that you will not take any action that could compromise the integrity of the 1628mall.com and 1628Mall Application feedback system, such as providing positive reviews about you using a second Member ID, either through third parties, or leaving unfounded negative reviews about you, another User, provision of any Services and / or business of the User. You represent and warrant to 1628Mall that you have all rights and powers to grant such permission. Information protected in accordance with the provisions of the legislation on the protection of personal data will be used and stored exclusively in accordance with the requirements of these laws.

 

4. Accounts of Participants

4.1 The User must be registered on the Sites to access or use some of the Services (Registered User is also referred to hereinafter as “Member”). Except for the express permission of 1628Mall, one User can only register one user account. 1628Mall has the right to cancel or delete a user’s account if 1628Mall has reason to believe that the User has simultaneously registered or controls two or more accounts. Further, 1628Mall may reject the User’s request for registration for any reason.

4.2 When registering on the Sites or 1628Mall Application, 1628mall.com must designate an account and create a Member ID and password (password must be chosen by the registered User upon registration) for each registered User. The account may contain an attached email account in the web interface with limited storage space for the Member to send and receive emails.

4.3 The combination of Member ID and password is unique to one account. Each Member is fully responsible for the confidentiality and safety of his Member’s identification number and password for all uses and activities that occur under your account (regardless of whether such uses or activities are permitted by the Member or not). A Member may not share, transfer, or authorize the use of his Member ID or password to any other person, even within the Member’s company (if applicable). The Member undertakes to promptly notify 1628Mall if he believes there is an unauthorized use of his password or account, or any other breach of account security.

4.4 The Participant confirms that any use of the Sites and Services, as well as activities that are carried out under your account (including, without limitation, posting any information about the company and products, clicking the buttons to confirm consent to any Additional Agreements or rules, subscription or payment for any services, sending emails using an email account or sending S MS) will be regarded as authorized by the Member.

4.5 The Member understands that transferring your account to others, or allowing multiple users outside of your company to use your account (shared, “multiple uses”) may cause irreparable damage to 1628Mall or other Users of the Sites. Member agrees to indemnify 1628Mall, its affiliates, management, employees, agents and representatives for any loss and damage (including but not limited to lost income) incurred as a result of multiple uses of your account. The Member also confirms that in the event of multiple use of your account, or violation of the safety of your account data through the fault of the Member, 1628Mall is not responsible for any loss or damage,

 

5. Obligations of the Participants

5.1 Each Member represents, warrants and confirms that (a) he has full authority to agree to the Terms, to issue permission and to fulfill obligations under this Agreement, (b) he uses and accesses the Sites and Services only for business purposes, and (c) for Members who are legal entities, the address provided upon registration is the main seat of the business. For the purposes of this provision, a branch or subsidiary office cannot be regarded as a separate enterprise and your main location will be considered as a head office.

5.2 The Participant is obliged to provide information, data about a company, business or products / services as part of the registration process on the Sites or use and access to any Services, or account. Each Member represents, warrants and confirms that (a) such information and data provided during the registration process or during the use of the Sites or Services is true, accurate, current and complete, and (b) you will maintain and promptly change all information and data to keep it true, accurate, current and complete.

5.3 By becoming a Member, you consent to the inclusion of contact information about you in our database and authorize 1628Mall and our affiliates to share contact information with other Users or otherwise use your personal information in accordance with the Privacy Policy.

5.4 Each Member represents, warrants and confirms that (a) he is fully responsible for obtaining all necessary third-party permissions with respect to any User Content that he submits, uploads or displays; (b) any User Content it submits, uploads or displays does not infringe on copyrights, patents, trademarks, trade names, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); and (c) he has the right and authority to sell, trade, distribute or offer to sell, trade, distribute products or services described in the User Content and such sale, trade, distribution or offer does not violate any or the rights of third parties;

5.5 Each Member represents, warrants and confirms that the User Content that he submits, uploads or displays must be:

(a) true, accurate, complete and lawful;

(b) not be false, misleading or deceptive;

(c) does not contain information that is defamatory, defamatory, threatening or harassing, obscene, inappropriate, offensive, offensive, explicitly sexual, or harmful to minors;

(d) does not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

1. e) does not violate the Product Posting Policy, other terms or any applicable Additional Agreements;
2. f) does not violate any applicable laws and regulations (including, without limitation, those governing export controls, consumer protection, unfair competition or false advertising) or promotes any activities that may violate any applicable laws and regulations;

(g) Does not contain direct or indirect links to any other websites that contain any content that may violate these Terms.

5.6 Each Participant also represents, warrants and confirms that he undertakes:

1. a) carry out activities on the Sites in accordance with any applicable laws and regulations;
2. b) conduct business with other users of the Sites in good faith;
3. c) carry out activities in accordance with the Terms and any applicable Additional Agreements;
4. d) not use the Services or Sites to deceive any person or organization (including, without limitation, not sell stolen items, use stolen credit / debit cards);
5. e) not to impersonate another person or organization, not to distort himself or his affiliation with any person or organization;
6. f) refrain from sending spam or phishing;
7. g) prevent any other illegal actions (including, without limitation, those that would constitute a criminal offense, lead to civil liability, etc.) or encourage any illegal actions;
8. h) not attempt to copy, reproduce, exploit or expropriate the various 1628Mall branded directories, databases and listings;
9. i) not spread any computer viruses or other destructive devices and codes that damage, interfere with, intercept or expropriate any software or hardware systems, data or personal information;
10. j) not participate in any schemes that may undermine the integrity of data, systems or networks used by 1628Mall and / or any user of the Sites or gain unauthorized access to such data, systems and networks;
11. k) not participate in any activities that could force 1628Mall and its affiliates to take any responsibility.

5.7 The Member may not use the Sites, Services and account to participate in activities similar or identical to the business of the 1628Mall e-commerce platform.

5.8 If the Participant provides information about the person giving the business recommendation, the Participant represents, warrants, and agrees that he has received all the necessary consents, approvals and refusals from such person giving the business recommendation to: (a) such the person has acted as the person giving you a business recommendation; (b) post and publish contact details and information, letters of recommendation and comments on behalf of such person.

5.9 Member agrees to provide all necessary information, data, and confirmation, and to provide all necessary assistance and cooperation necessary to provide 1628Mall with the Services to assess violation of the Terms and / or to process any complaint of any Member. If the Member fails to comply with these requirements, resulting in a delay, suspension, or cancellation of the Service, 1628Mall shall neither extend the term for the provision of the relevant Service, nor be liable for any loss or damage arising from such delay, suspension or cancellation, or related to them.

5.10 Member acknowledges and agrees that 1628Mall reserves the right but is not obligated to actively monitor or exercise any editorial control over the content of any messages or data or information (including User Content) created, obtained or made available through the Services or Sites. … 1628Mall does not endorse, verify, or otherwise certify the content of any comments or other data or information (including User Content) created, submitted, posted or otherwise made by any Member. Each Member is responsible for the content of their posts and may be held legally or liable for the content of their comments or other data or information.

5.11 The Participant acknowledges and agrees that the Sites and Services (as a Participant) can only be used by organizations and their representatives for business purposes, and not individual buyers for personal consumption.

5.12 The Member acknowledges and agrees that each Member is personally responsible for familiarizing himself with the applicable laws and regulations in their respective jurisdictions to confirm that the use and access to the Site and Services is in accordance with them.

 

6. Violations of Participants

6.1 1628Mall reserves the right, in its sole discretion, to remove, modify or reject any User Content that you submit, upload, or display on the Sites that we reasonably believe to be illegal, in violation of the Terms, or that may invoke 1628Mall or its affiliates liability, or which is in any way deemed inappropriate, in 1628Mall’s sole discretion.

6.2 If any Member is in breach of any of the Terms, or if 1628Mall has reasonable grounds to believe that any Member is in breach of any of the Terms, then 1628Mall may take such response as 1628Mall deems appropriate, including but not limited to: (i) suspend or terminate a Member’s account and all and any accounts associated with such an account as 1628Mall will determine in its sole discretion. However, 1628Mall will not be liable for loss or damage arising out of or in connection with such suspension or deletion; (ii) restrict, downgrade, suspend or terminate your subscription to any Service, access to any Service, or current or future use of any Service; (iii) remove posted information about any product or other User Content, that the Participant has provided, published or displays, or impose restrictions on the number of products about which the Participant can post or display information, or on the amount of other User Content that the Participant can post or display; (iv) impose other restrictions on the Member’s use of any feature or function of any Service as 1628Mall deems appropriate in its sole discretion; and (v) any other remedies, retaliation or penalties as 1628Mall deems appropriate in its sole discretion. (iv) impose other restrictions on the Member’s use of any feature or function of any Service as 1628Mall deems appropriate in its sole discretion; and (v) any other remedies, retaliation, or penalties as 1628Mall deems appropriate in its sole discretion. (iv) impose other restrictions on the Member’s use of any feature or function of any Service as 1628Mall deems appropriate in its sole discretion; and (v) any other remedies, retaliation or penalties as 1628Mall deems appropriate in its sole discretion.

6.3 Without limiting the generality of the provisions of the Terms, the Member will be deemed to have violated the Terms in any of the following circumstances:

1. a) on a complaint or claim from any third party, if 1628Mall has reasonable grounds to believe that such Member intends or does not actually fulfill its contract with the third party, including, without limitation, failure to deliver by the Member who is a supplier of goods or services through Sites and Services, any product or service ordered by such a third party after receiving the purchase price, or in the delivery of goods, such Member has actually violated the terms and conditions specified in the contract entered into with this third party.
2. b) 1628Mall has reasonable grounds to suspect that such Member has used stolen credit cards or other false or misleading information in any transaction with a counterparty,
3. c) 1628Mall has reasonable grounds to suspect that any information provided by the Member is not current or complete, or is false, inaccurate or misleading;
4. d) 1628Mall believes that Member’s actions may result in loss or financial liability of 1628Mall or its affiliates or any other Users.

6.4 1628Mall reserves the right to cooperate fully with government or regulatory authorities, law enforcement agencies, private detectives and / or in the investigation of any suspected criminal or civil wrongdoing. In addition, within the limits of applicable law, 1628Mall may disclose contact information about the identity of a Member and / or information about his account (s), transactions or actions taken on the Site or using the Site, at the request of the authority regulating or law enforcement authorities, or an injured third party, or as a result of a subpoena or other legal action. 1628Mall will not be liable for any damage or results arising from such disclosure,

6.5 1628Mall may at any time, in its sole discretion, impose restrictions, suspend or terminate the use of any Services or Sites by this Member, without liability to the Member, if 1628Mall is notified that the Member is in breach of any agreement or obligation with any affiliate 1628Mall, including without limitation Taobao, Alipay, China Yahoo! and such violation entails or there is a reasonable suspicion of involvement in the commission of dishonest or fraudulent acts. 1628Mall reserves the right but is not obligated to investigate such violation or request confirmation from a Member.

6.6 Each Member undertakes to indemnify 1628Mall, affiliates, directors, employees, agents and representatives, as well as to protect from possible losses, damages, claims and obligations (including legal costs in full) that may arise from the presentation, publication or displaying any User Content, due to use or access to the Sites or Services, or from violation of the Terms or any Additional Agreements.

6.7 Each Member agrees that 1628Mall is not and should not be liable to him or anyone for any User Content or other data transmitted through the Sites using the Services, including fraudulent, untrue, misleading, inaccurate, defamatory, or illegal data and that the risk of damage from such User Content and other data rests entirely with each Member. 1628Mall reserves the right, at its own expense, to assume the exclusive protection and control of any matter that is compensable by a Member in which case Members must cooperate with 1628Mall agreeing to apply any remedies available.

 

7. Transactions between Buyers and Sellers

7.1 Through the Sites, 1628Mall provides electronic web platforms for the exchange of information between sellers and buyers of goods and services. 1628Mall additionally provides electronic web-based transaction platforms for Participants to place, agree, manage and execute orders to provide products and services on the Internet through the Sites, in accordance with the Transactional Services Agreement. However, on no Service, 1628Mall does not represent sellers or buyers for specific transactions. 1628Mall does not control and is not responsible for the quality, safety, legality, or availability of products or services offered for sale on the Sites, or the ability of sellers to complete a sale or the ability of buyers to complete a purchase. The Services include all the functionality of the Sites that you can use. Since the purpose of the Sites is to organize retail and provide you with the choice and purchase of products, the Services also include the direction and provision of personalized marketing and advertising information.

7.2 Users are hereby notified that risky transactions may occur with people acting under false pretenses. 1628Mall uses several methods to verify the accuracy of certain information from paid Users who provide it to us when registering to pay for Services on the Sites. However, due to the difficulty of identifying Users over the Internet, 1628Mall cannot and does not confirm the alleged identity of each user (including, without limitation, paid Users). We recommend that you use a variety of means, as well as common sense, to assess who you are dealing with.

7.3 Buyers and sellers using or accessing the Sites or Services bear the risks of conducting any purchase and sale transactions in connection with the use of the Sites or Services or through the Sites or Services. Buyers and sellers using or accessing the Site or the Services fully assume all risks of liability or any damage in connection with subsequent activities related to the products or services that are the subject of transactions on the Sites. Examples of such risks include, but are not limited to: non-provision of products and services, fraudulent schemes, unsatisfactory product quality, non-compliance with specifications, defective or dangerous products, illegal products, delays or non-delivery or payment, incorrect costing, breach of warranty, breach of contract , transport incidents, the risks that the production, import, distribution, offer, display, purchase, sale and / or use of products or services offered or displayed on the Sites may violate or, and the risk that the User may incur defense costs or other costs in connection with the violation of the rights of third parties, or in connection with any claims from any Party entitled to protection, or compensation in connection with the violation of their rights, as a result of claims or claims and claims of such third parties. Such risks also include risks of claims from consumers, other buyers, end-users of products, or other third parties who claim to have been harmed by the use of the products through the Sites or Services. All of the above risks are referred to as “Transaction Risks”. 1628Mall is not responsible for any loss, claim, liability, expense, harm, inconvenience, business interruption or expense of any kind that may arise from or in connection with any Risks of the transactions.

7.4 Buyers and sellers on the Sites are solely responsible for determining and fulfilling the terms of transactions concluded on the Sites with the help of or as a result of using the Sites or Services, including, without limitation, for the terms regarding payment, returns, guarantees, delivery, insurance, fees, taxes, titles, licenses, fines, permits, processing, transportation and storage, subject to any additional obligations provided for by the Transactional Services Agreement (in particular, clause 3.2).

7.5 The User undertakes to provide all information and data that may reasonably be required by 1628Mall in connection with the fact that your transactions are carried out on, through or as a result of using the Sites or Services. 1628Mall has the right to suspend or terminate any User’s account if the User is unable to provide the required information and data. However, 1628Mall will not be liable for loss or damage arising out of or in connection with such suspension or deletion.

7.6 In the event of a dispute between any User on either side of the transaction, such Users undertake to indemnify 1628Mall (and our agents, affiliates, directors, officers, and employees) from all claims, requirements, actions, procedures, costs, expenses and damages (including, without limitation, any actual, special, incidental or consequential damages) arising from or in connection with such a dispute or transaction.

 

8. Limitation of Liability

8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY 1628MALL ON OR THROUGH THE SITES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL ERRORS” AND BY 1628MALL BUT NOT LIMITED TO ANY WARRANTY OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, TERMS AND CONDITIONS ARE HEREBY EXCLUDED.

8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, 1628MALL MAKES NO WARRANTY ABOUT THE RELIABILITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR TIMELINESS OF ANY INFORMATION PROVIDED ON; 1628MALL DOES NOT WARRANT THAT THE PRODUCTION, IMPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND / OR USE OF THE PRODUCTS OR SERVICES OFFERED OR DISPLAYED BY THAT IS NOT SUPPLIED OR DISPLAYED BY AND 1628MALL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING ANY PRODUCT OR SERVICE OFFERED OR PRESENTED ON THE SITES.

8.3 Any data uploaded or otherwise obtained through the Sites or Services is created at the discretion of each User, and each User is solely responsible for any damage to their computer system or computer system (s) of 1628Mall, as well as for any loss of data that may result from downloading any such data. No information or advice, verbally or in writing, received by any User from 1628Mall or through or from the Sites, does not create any guarantees not expressly stated here.

8.4 Each user agrees to indemnify 1628Mall, affiliates, directors, officers, and employees from any and all damages, claims, liability (including legal costs in full) that may arise from the use or access by such User to the Sites or Services (including, but not limited to the display of such User’s information on the Sites) or from your violation of any of the Terms. Each User hereby agrees to indemnify 1628Mall, its affiliates, directors, officers and employees from any and all losses, claims, liability (including legal costs based on full compensation) that may arise as a result of User’s breach of warranties and representations. made by the User to 1628Mall,

8.5 Each User hereby agrees to indemnify 1628Mall, affiliates, directors, officers, and employees from any and all damages, claims, liability (including legal costs in full) that may arise, directly or indirectly, as a result of which – any claims made by the claimants of the Rights of 1628mall.com or other third parties related to the products offered or displayed on the Sites. Each User hereby agrees that 1628Mall will not be liable or liable to you in any way with respect to any data posted by others, including defamatory or illegal data, and that the risk of loss from such data rests entirely with each User. 1628Mall reserves the right, at its own expense,

8.6 1628Mall is not liable for any direct, indirect, punitive, incidental, or consequential loss or damage of any kind (including but not limited to losses in connection with loss of profit or savings, business interruption, loss of information) incurred as a result of the conclusion contract, negligence, wrongdoing, in fairness or otherwise, or any other damages arising from any of the following.

1. a) use or inability to use the Sites or Services;
2. b) any defect in goods, samples, data, information or services purchased or received from the User or any other third party through the Sites or Services;
3. c) violation of the rights of third parties or claims or requirements for the production, import , distribution, offer, demonstration, purchase, sale and / or use of the User’s products or services offered or displayed on the Sites or through the provision of Services that may violate or may be reported as violating the rights of third parties; or a claim by any party related to the protection of rights,
4. d) unauthorized access by third parties to data or personal information of any User;
5. e) statements or actions of any User of the Sites or Services; or;
6. f) other actions related to the Sites or Services, arising, including due to negligence.

8.7 Notwithstanding any of the foregoing provisions, the aggregate liability of 1628Mall, our employees, agents, affiliates, representatives or persons acting on our behalf with respect to each User for all claims arising from the use or access to the Sites or Services during of any calendar year, shall be limited to the greater of (a) the amount the User charges to 1628Mall for using or accessing the Site or Services during the calendar year and (b) the maximum amount permitted by applicable law. The previous provision does not exclude the requirement from the User of evidence of actual damage. All claims arising from the use of the Sites or Services,

8.8 The limitations and disclaimers of liability to you under these Terms apply to the maximum extent permitted by law and apply regardless of whether the User is warned by 1628Mall or should have known about the possibility of such losses.

 

9. Force majeure

9.1 Under no circumstances will 1628Mall be liable for any delay or failure to perform or disrupt the content of the Services delivered through the Sites or accessed through the Sites that are directly or indirectly related to natural disasters, forces or causes outside of our reasonable control. including, without limitation, Internet outages, computers, telecommunications or any other equipment failures, power outages, strikes, labor disputes, riots, riots, civil unrest, shortages of manpower or materials, fires, floods, storms, explosions, natural disasters, wars, government actions, decisions of domestic or foreign courts or tribunals, or non-performance of obligations by third parties.

 

10. Intellectual property rights

10.1 1628Mall is the sole owner or legal licensee of all rights and interests in the Sites and the Content of the Sites. The sites and site content embody trade secrets and other intellectual property rights that are protected by international copyright laws and other laws. All titles, ownership and intellectual property rights in the Sites and Site content must remain with 1628Mall, its affiliates or licensors, if any. All rights reserved under the Terms or 1628Mall are hereby reserved.

10.2 “KUBUNEX TECHNOLOGY CO., LTD”, “1628MALL”, “KUBUNEX” and their respective icons and logos are registered trademarks or trademarks or service marks of KUBUNEX TECHNOLOGY CO., LTD in the Relevant Jurisdictions KUBUNEX, KUBUNEX and their respective icons and logos are registered trademarks or trademarks or service marks of KUBUNEX TECHNOLOGY CO., LTD and the trademark “1628mall” is licensed by KUBUNEX TECHNOLOGY CO., LTD.

 

11. Notices

11.1 All legal notices or claims made to 1628Mall (other than KUBUNEX TECHNOLOGY CO., LTD) must be made in writing and sent to 1628Mall in person, by courier or by registered mail to the following email:  service.1628mall@gmail.com.

11.2 All legal notices or claims to the User must be effective if either delivered in person, by courier, registered mail, fax or email to the last known address, fax or email specified by the User to 1628Mall, or by posting such notice or claims on Sites that are publicly available without payment. The User’s notification is deemed to have been received by such a user if and when:

1. a) 1628Mall is able to demonstrate that a given notice or request, whether in physical or electronic form, was sent to such User, or
2. b) immediately after 1628Mall has posted such notice on the Sites in sections that are publicly available without payment.

11.3 You agree that all agreements, notices, requests, information, and other communications that 1628Mall sends to you electronically are legally required and such notices shall be deemed to be in writing.

 

12. General provisions

12.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and 1628Mall and govern your use of the Sites and Services, superseding any prior written or oral agreements regarding the content of this document.

 12.2 If any provision of the Terms is held invalid or unenforceable, that provision shall be deleted, and the remaining provisions shall remain in effect and be enforced.

12.3 Headings are for reference purposes only and do not in any way define, limit, interpret or describe the content of the relevant clause.

12.4 Failure by 1628Mall to exercise any right or omission in respect of any breach by you under the Terms does not constitute a waiver of that right and does not constitute a waiver of 1628Mall’s right to act accordingly for subsequent or similar breaches.

12.5 1628Mall has the right to transfer the Terms (including all of our rights, titles, benefits, interests and obligations and obligations in the Terms to any person or entity (including any affiliate of 1628Mall). You may not assign, in whole or in part, the Terms to any person or entity.

12.6 THESE TERMS AND CONDITIONS (AGREEMENT) ARE GOVERNED BY THE LAW OF THE KINGDOM OF CAMBODIA IF YOU AGREE WITH KUBUNEX TECHNOLOGY CO., LTD; THE PARTIES TO THIS AGREEMENT HEREBY RECOGNIZE THAT THE COURT OF CAMBODIA HAS EXCLUSIVE JURISDICTION IN REGULATIONS.