Terms and Conditions

SOHO Diversified Holdings Co. Ltd (“SOHO”) operates this website (“www.SOHOMall.com.kh”) and mobile app (“SOHO Mall”). They are hereinafter referred to as “we” or “us”.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING WWW.SOHOMALL.COM.KH OR MOBILE APP. YOUR ACCESS OR USE OF WWW.SOHOMALL.COM.KH OR MOBILE APP CONFIRMS YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE WWW.SOHOMALL.COM.KH OR MOBILE APP. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY AND RESOLUTIONS OF DISPUTES THROUGH ARBITRATION RATHER THAN IN COURT.

* Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on this www.SOHOMall.com.kh and mobile app are subject to change at any time without notice, except as may be forbidden by applicable laws, rules and regulations. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depends on your computer screen and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in www.SOHOMall.com.kh or mobile app at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws rules, and regulations (including minimum age requirements) in regard to the possession, use and sale of any items purchased from www.SOHOMall.com.kh or mobile app as may be applicable to you; provided, however, that the foregoing shall not be deemed a waiver by you of any rights or remedies afforded to you under applicable laws, rules and regulations. By placing an order, you represent that the products ordered will be used only in a lawful manner.

* Shipping Limitations When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on www.SOHOMall.com.kh or mobile app. All purchases from www.SOHOMall.com.kh and mobile app are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from www.SOHOMall.com.kh and mobile app will be passed to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments, however we will provide our best effort to assist in resolution.

* Accuracy of Information. We attempt to ensure that information on www.SOHOMall.com.kh and mobile app is complete, accurate and current. Despite our efforts, the information on www.SOHOMall.com.kh and mobile app may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness or accuracy of any information on www.SOHOMall.com.kh or mobile app. For example, products included on www.SOHOMall.com.kh or mobile app may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on www.SOHOMall.com.kh or mobile app. In addition, we may make changes on information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. The foregoing paragraph is subject to applicable laws, rules and regulations.

* Use of www.SOHOMall.com.kh and mobile app. www.SOHOMall.com.kh and mobile app design and all text, graphics, information, content, and other material displayed on or that can be downloaded from www.SOHOMall.com.kh and mobile app are either the property of, or used with permission by, SOHO and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on www.SOHOMall.com.kh and mobile app in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.

* Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on www.SOHOMall.com.kh and mobile app are registered and unregistered trademarks, trade names and service marks of ours. Other trademarks, trade names and service marks used or displayed on www.SOHOMall.com.kh and mobile app are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on www.SOHOMall.com.kh or mobile app grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on www.SOHOMall.com.kh or mobile app without our written permission or the written permission of such third party owner.

* Linking to www.SOHOMall.com.kh or mobile app. Creating or maintaining any link from another website or mobile app to any page on www.SOHOMall.com.kh or mobile app without our prior written permission is prohibited. Running or displaying www.SOHOMall.com.kh or mobile app or any material displayed on www.SOHOMall.com.kh or mobile app in frames or through similar means on another website or mobile app without our prior written permission is prohibited. Any permitted links to www.SOHOMall.com.kh and mobile app must comply will all applicable laws, rule and regulations.

* Third Party Links. From time to time, www.SOHOMall.com.kh or mobile app may contain links to websites and mobile apps that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave www.SOHOMall.com.kh and mobile app. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other website or mobile app. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from www.SOHOMall.com.kh or mobile app, you do so entirely at your own risk.

* Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from www.SOHOMall.com.kh and mobile app of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials

* User Information. Other than personally identifiable information, which is subject to www.SOHOMall.com.kh and mobile app’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to www.SOHOMall.com.kh or mobile app in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. We, each of our affiliates and/or our designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

* DISCLAIMERS. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WWW.SOHOMALL.COM.KH OR MOBILE APP. THE MATERIALS AND SERVICES ON OR THROUGH THIS WWW.SOHOMALL.COM.KH OR MOBILE APP MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

* LIMITATIONS OF LIABILITY. We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing www.SOHOMall.com.kh or mobile app or your downloading of any materials, from www.SOHOMall.com.kh or mobile app.

IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF WWW.SOHOMALL.COM.KH, ANY WEBSITES LINKED TO WWW.SOHOMALL.COM.KH or MOBILE APP, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

YOU AGREE TO INDEMNIFY AND HOLD US, OUR OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, VENDORS, SUPPLIERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY FEES AND COURT COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR SUBMISSIONS; YOUR THIRD PARTY EVENT, WEBSITE OR ORGANIZATION; YOUR MISUSE OF WWW.SOHOMALL.COM.KH OR MOBILE APP; YOUR VIOLATION OF THE TERMS OF USE; YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN; OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. THE FOREGOING INDEMNIFICIATION PROVISION SHALL NOT APPLY TO OUR OWN NEGLIGENCE OR INTENTIONAL CONDUCT.

IN THE EVENT OF ANY PROBLEM WITH WWW.SOHOMALL.COM.KH OR MOBILE APP OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING WWW.SOHOMALL.COM.KH AND MOBILE APP.

* Revisions to these Terms and Conditions. We may revise these Terms and Conditions at any time, and from time to time, by updating this posting. You should visit this page from time to time to review the current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at www.SOHOMall.com.kh or mobile app.

* Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. Any dispute arising out of or in connection with this Contract, including any question regarding its existence, validity or termination, shall be determined by arbitration in Singapore in accordance with the Law Society Arbitration Rules in force at the commencement of the arbitration.  A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

* Termination. You or we may suspend or terminate your account or your use of this www.SOHOMall.com.kh or mobile app at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of www.SOHOMall.com.kh or mobile app at any time without notice.

Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to call our Customer Service Department.

DISPUTES AND ARBITRATION AGREEMENT

Any dispute or claim relating in any way to the www.SOHOMall.com.kh or mobile app and our products and services, including products or services sold or distributed through our websites and catalogues, any dealings with us and our customer service agents, any representations made by us, and/or your use of our websites (including without limitation claims relating to the breach of the Terms of Use, Privacy Policy or the unauthorized disclosure of personally identifiable information) will be resolved by binding arbitration, rather than in court, except that you may assert individual claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual basis. This includes any dispute or claim you assert against our sister-brands, subsidiaries, affiliates and assigns. This also includes any dispute or claim that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration.

If for any reason a claim proceeds in court rather than in arbitration WE BOTH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.

ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Unless we both agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative, consolidated or class proceeding. If the requirements of this paragraph are found to be unenforceable, then the entirety of this arbitration provision shall be null and void except for the waiver of any right to a jury trial described in the previous paragraph.

If a dispute arises we strongly encourage you to first contact our Customer Service Department before starting arbitration or filing a claim in small claims court. We value our relationships with our customers and will try to resolve your claims informally and quickly.