Term & Condition

Last updated on 07 July 2022

Products

The Digital Products apps include: WikiSchool, WikiTV, WikiHRM, BluePinn, Vithean and our other apps (together, the “Apps” and referred to individually as the “App”).

Agreements

By downloading or using the App, you agree to be bound by these terms and conditions. You should make sure that you read them carefully before using our Products.

You are not allowed to copy, modify, or exploit the Products, any part of the Products, or our trademarks in any way. You are not allowed to extract or attempt to extract the source code of the Products and you are not allowed to translate the Products into other languages, or make derivative versions.

You agree not to summit unlawful, abusive, obscene, defamatory material or content and not to submit anything to our Products which violates any third party’s right. You agree to indemnify, defend and hold us harmless for any and all unauthorized uses or your violation of these terms and conditions. You will be solely responsible for the contents of your submission.

Age restrictions

You must be at least 18 years of age to use our Products. If you are less than 18, you must have permission from your parent or legal guardian to use our Products and accept the Terms and you must use the Products under their supervision.

Reserved Rights

The Apps are protected by trademarks, copyright, and other intellectual property laws. You are granted with only the right to use the Apps and we reserve all other rights in the Products.

We will strive to make the Products useful and efficient. We reserve right to make changes to the Products or without prior notice to you unless specified in this agreement.

Security

Keeping your login details secure are important by not letting any other person use them, and by making sure you have strong security on your own systems. If you realize there has been any unauthorized use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately.  We therefore recommend that you do not jailbreak or root your phone, computer or tablet or other operating device which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your device vulnerable to malware/viruses/malicious programs, compromise your device’s security features and it could mean that the App will not work properly or at all.

APPS And Third-Party Products and Services

The Products may use third party’s services that impose their own Terms and Conditions and Privacy Policies which will then apply to you. Along with the use of our products, you may use data, services and apps from other companies (third-party products). Any third party providing a third-party product is a provider and is independent of us, so be aware that a provider may also charge you fees in addition to what you pay us. Please read those terms of use thoroughly and make sure you agree to their terms and conditions and understand their approach before you connect to them. The descriptions of third-party products that we publish, and any associated links, have been provided to us by the providers. While we make reasonable efforts to check the accuracy of the descriptions, the providers are solely responsible for any representations contained in those descriptions. We do not endorse or assume any responsibility for third-party products.

Disclaimer

You should be aware that there are certain things that we will not take responsibility for. Certain functions of the Products require active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but we cannot take responsibility for the Products not working at full functionality if you do not have access to Wi-Fi or you do not have any of your data allowance left.

If you use the Products outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will apply and you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the Products, or other third-party charges. In using the Products, you are accepting responsibility for any such charges, including roaming data charges if you use the Products outside of your home territory without turning off data roaming. If you are not the bill payer for the device on which you use the Products, please be aware that we assume that you have received permission from the bill payer for using the Products.

Likewise, we cannot take responsibility for the way you use the Products. You need to make sure that your device battery stays alive – if it runs out of battery and you cannot turn it on to avail the Service, we cannot accept responsibility.

With respect to our responsibility for your use of the Products, it is important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. We accept no liability for any loss, direct or indirect, you experience or incur as a result of relying wholly on this functionality of the Products.

Your use of the products, software, and content is entirely at your own risk except as described in this agreement, the products are provided “as is” to the maximum extent permitted by applicable law, we, our affiliates and third party providers, licensors, distributors or suppliers (collectively, “suppliers”) disclaim all warranties, express or implied, including any warranty that the products are fit for a particular purpose, title, merchantability, data loss, non-interference with or non-infringement of any intellectual property rights, or the accuracy, reliability, quality of content in or linked to the products. We and our affiliates and suppliers do not warrant that the products are secure, free from bugs, viruses, interruption, errors, theft or destruction. If the exclusions for implied warranties do not apply to you, any implied warranties are limited to 60 days from the date of purchase or delivery of the products, whichever is sooner.

We, our affiliates and suppliers disclaim any representations or warranties that your use of the products will satisfy or ensure compliance with any legal obligations or laws or regulations.

Updates

At some point, we may need to update, modify and enhance Products including the Apps which are currently available on Android & iOS. The requirements for the two systems (and for any additional systems we decide to extend the availability of the Apps to) may change, and you will need to download the updates if you want to keep using the Apps. We do not guarantee that we will always update the Apps so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. You agree to always accept updates to the application when offered to you. We may also need to stop providing the Apps or discontinue features of the Products, and may terminate its use at any time without giving notice of termination to you. Unless we inform you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will be ended; (b) you must stop using the Apps; and (if needed) they shall be deleted from your device.

Fee & Charge

Trial subscriptions for the App: When you first sign up, you can opt for a free trial, based on the terms specified at the time. If you choose to continue using our products after the trial, you will be billed when you add your billing details into our products based on plan selected. If you choose not to continue using our products following a trial, you may delete your account.

Pricing plans: Your use of our products requires you to pay a subscription fee based on your subscription plan and the payment could be made monthly, quarterly or yearly where monthly payment is the most common practice. The pricing plan consists of subscription type and subscription fees. We may update or amend the pricing plan from time to time. The terms of the pricing plan form part of these terms. As with any other changes to our terms, changes to the pricing plan will not apply retrospectively. 

Additional products: Depending on how you use our products, you may be able to use additional products that we offer. These might incur an additional fee when you sign up for those products.

Importance of timely payments: In order to continue accessing our services, you need to make timely payments based on the pricing plan you selected. If we do not receive timely payments, access to your subscription may be suspended until the payment is made.

Data Retention

Retention of your data: Once a subscription is terminated by you or us, it is archived and the data submitted or created by you is no longer available to you. We retain it for a period of time consistent with our data retention policy. As a subscriber, you could be able to reactivate your subscription and once again access your data by paying the subscription fees within data retention policy. We retain data in case you need it as part of your record retention obligations, but you can get in touch with us to have your data removed completely if you wish.

CONFIDENTIAL INFORMATION

While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorized individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so.

LIMITATION OF LIABILITY AND INDEMNITY

You indemnify us: You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product.

Limitation of liability:  To the extent permitted by law, our aggregate liability including our affiliates and suppliers for all claims relating to this agreement shall be limited to the amount you paid for the services during the twelve (12) months prior to such claim. Subject to applicable law, we, our affiliates and suppliers are not liable for any of the following: (a) indirect, special, incidental, exemplary, punitive or consequential damages; (b) damages relating to failures of telecommunications, the internet, electronic communications, security, loss or theft of data, viruses, spyware, loss of business, revenue, profits or investment, or use of software or hardware that does not meet our systems requirements. The above limitations apply even if we and its affiliates and suppliers have been advised of the possibility of such damages. This agreement sets forth our entire liability including our affiliates and your exclusive remedy with respect to the services and its use.

TERMINATION

Termination by you: You may choose to terminate your subscription at any time. In this case, you will still need to pay all relevant subscription fees up to and including the day of termination, if any.

Termination by us: We may terminate or suspend your subscription or access to all or any data any time if:

No refunds: No refund is due to you if you terminate your subscription or we terminates it in accordance with these terms.

DISPUTES

Any dispute arising out of or in connection with this Terms and Conditions that cannot be settled amicably within 30 days, shall be referred to and finally resolved by arbitration in the Kingdom of Cambodia in accordance with the Arbitration Rules of the National Commercial Arbitration Center (“NCAC Rules”) being in force at the time of commencement of arbitration, which are deemed to be incorporated as part of this Article. The tribunal shall consist of 1 (one) arbitrator. If the Parties are unable to jointly appoint an arbitrator, an arbitrator will be appointed in accordance with the NCAC Rules. The arbitration proceedings will be conducted in Phnom Penh. The arbitration award shall be final and binding.

Changes to this Terms and Conditions

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.

Privacy Policy

Please read our Privacy Policy to understand how we collect, store and use information of the users of our Products.  This policy forms part of terms and conditions.

Governing Law

This document is governed by the laws of Cambodia.

Contact Us

If you have any questions or suggestions about our Terms and Conditions, please contact us at info@poscardigital.com.