Terms and Conditions

In these Terms and Conditions, the following terms shall have the respective meanings specified below unless the context otherwise requires:

• “Seller(s)” means a user who places an advertisement offering products, services or items for sale on the Site;
• “Buyer(s)” means a user who seeks products, services or items offered by Sellers on the Site;
• “Khonnect.com” means the trading name of the company known as Krawma & Associates.
• “Site” means any website or mobile application owned and operated by Krawma Company Limited and its affiliates/subsidiaries.

The terms “you”, “user” and “users” herein refer to all individuals and/or entities accessing and/or using the Site at any time for any reason or purpose.

2.1 Specific Uses – Buyer

2.2 Buyer agrees that he/she shall use the Site for lawful purposes and seeking products, services and items;

2.3 Buyer confirms and acknowledges that he/she discloses his/her personal data and all other information to the Sellers and/or Khonnect.com of his/her own volition when he/she enquires about products, services and items posted on or through the Site, and/or when the Buyer uses the Site for purposes of submitting, uploading or posting information and data on the Site in response to advertisements posted by Sellers. By submitting, uploading or posting information and data on the Site, the Buyer authorises Khonnect.com to store his/her information or data in the database of Khonnect.com (“Database”). The Buyer may send information or data directly to any Seller who advertises on or through the Site. Alternatively, the Buyer may send his/her information or data to Khonnect.com through the Site in reply to any advertisement. In such event, the Buyer’s information or data will remain active on the Site and be stored in the Database at his/her own risk unless and until he/she chooses to delete them. The Buyer acknowledges and agrees that his/her information or data may be accessed by the Sellers who are using the services of Khonnect.com in order to respond to enquiries about products, services or items. Khonnect.com also reserves the right to reject or edit any part of the Buyer’s information or data as it sees appropriate and to erase any personal data which Khonnect.com reasonably believes is inaccurate, false, illegal, unlawful or infringes any intellectual property rights or invades the privacy of any other person.

2.4 Khonnect.com will not release the Buyer’s personal data to any Seller without his/her permission unless obliged under prevailing laws and regulations. The Buyer acknowledges and agrees that Khonnect.com will, if he/she so authorises, release his/her information or data to a Seller for the purpose of enabling the Seller to respond to the Buyer’s enquiry in relation to any product, service or item. The Buyer agrees that Khonnect.com and its associated companies may use his/her personal data (without his/her name, address and other personal identifiable information) for marketing purposes which may be directed to either potential Sellers, their respective agents or anyone under their employ.

2.5 Although Khonnect.com shall use its reasonable endeavours to restrict access to the Database only to the Sellers and personnel of Khonnect.com, it does not guarantee that other parties will not, without Khonnect.com consent, gain access to the Database. The Buyer acknowledges that the Sellers and other parties who have otherwise gained access to the Database may have retained a copy of the Buyer’s information or data. Khonnect.com is not responsible for the retention, use or privacy of information or data in these instances, or for the use or privacy of information or data by any of such parties while information and data are in the Database. The Buyer accepts that all personal data, information or materials given to a Seller or other users, or submitted on or through the Site, are given entirely at his/her own risk.

2.7 Seller agrees that it shall only use the Site for lawful purposes and promoting genuine sales and marketing activities.

2.9 The Seller shall be solely responsible for the contents of and materials contained in its advertisement and/or web page posted on the Site. Khonnect.com reserves the right to remove or edit, or require the removal or amendment of, any advertisement as it sees appropriate, or to terminate or suspend the Seller’s access and use of the Site and/or services offered on or through the Site at Khonnect.com’s sole discretion, without any compensation or recourse to the Seller.

2.11 Prohibited Uses – Users

All contents of the Site, including without limitation information, text, images, layout, designs, pictures, HTML and other proprietary materials on the Site (collectively “Contents”) are the intellectual property of Khonnect.com or its licensors and are protected by copyright, trademark, patent and other intellectual property laws. Except as otherwise provided in this paragraph, users shall not, and shall not procure, assist or facilitate any third party to, copy, reproduce, transmit, publish, disseminate, distribute, redistribute, broadcast, circulate, store (in any medium), display, modify, sell or transfer or participate in the sale or transfer of or offer for sale of, create derivative works from, or in any way exploit any of the Contents, whether in whole or in part. Users may download or copy the Contents solely for their personal non-commercial use and/or users that are expressly permitted in these Terms and Conditions.

Khonnect.com reserves all its rights of enforcement of all its intellectual property rights or proprietary rights in the Contents, including without limitation against any use of any of the Contents that is not expressly permitted under the Terms and Conditions.

Khonnect.com reserves the right to monitor the Site and its contents at any time, but is not obliged to do so. Khonnect.com takes no responsibility whatsoever for any material on the Site that is not posted by Khonnect.com or is otherwise posted by Khonnect.com on behalf of a user. All users acknowledge and agree that they are fully responsible for the form, content and accuracy of any information, data, advertisement, web page and/or material submitted by them to Khonnect.com or that is otherwise posted by them on or through the Site. Khonnect.com shall not in any way be considered an agent of either the Seller or the Buyer with respect to any use of the Site. KHONNECT.COM DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MECHANISMS, THAT ANY DEFECTS WILL BE CORRECTED, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR TIMELY OR THAT THE STORAGE OF DATA WILL BE SECURE. TO THE FULLEST EXTENT PERMITTED BY LAW, KHONNECT.COM DISCLAIMS ALL WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR OTHER QUALITIES OF THE SITE AND THE CONTENTS, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS CONTAINED THEREIN.

ALL USERS USE THE SITE AND ANY OTHER WEBSITES ACCESSED THROUGH IT, ENTIRELY AT THEIR OWN RISK. Khonnect.com does not represent or guarantee the truthfulness, accuracy or reliability of any of the communications posted by users or endorse any opinions expressed by users. Any reliance by users on any material posted by other users shall be at their own risk. Khonnect.com reserves the right to expel any users and prevent their further access to the Site at any time for breaching the Terms and Conditions or violating laws and regulations and also reserves the right to remove any material which is abusive, illegal, disruptive or inappropriate at Khonnect.com’s sole discretion without notice and/or consent whatsoever.

The Site may contain links to third-party websites. Khonnect.com has no control over or rights in such third-party websites and is not responsible for their availability or security. If users access any linked third-party websites, they do so entirely at their own risk. Khonnect.com shall not be responsible for the contents of any third-party websites linked to the Site or any links contained in such third-party websites or any changes or updates thereto, and does not make any representations or warranties regarding the contents or accuracy of materials on such third-party websites. Khonnect.com shall not be responsible or liable for any loss or damage of any kind arising from or in connection with the use of the services or contents of such third-party websites.

All users agree to indemnify, and hold harmless Khonnect.com and its associated companies, officers, directors, employees, agents, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns from and against any claims, actions, demands, injuries, liabilities, losses, damages, costs and expenses arising from or relating to their use of the Site or its contents or their breach of the Terms and Conditions, to the fullest extent permitted by applicable law.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KHONNECT.COM AND ITS ASSOCIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE IN ANY EVENT FOR DAMAGE OF ANY KIND SUFFERED BY ANY USERS WHATSOEVER DIRECTLY OR INDIRECTLY ARISING FROM OR RELATING TO THEIR USE OF OR INABILITY TO USE THE SITE AND ITS CONTENTS.

User’s communication or business dealings with Sellers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user and such Seller. Khonnect.com shall not be responsible or liable for any loss or damage of any type or nature incurred as a result of any such dealings or as a result of the presence of the Sellers on the Site or as a result of the accuracy or truthfulness of any information or data posted by the Sellers.

Khonnect.com reserves the right at any time to immediately terminate or suspend any user’s account or access to the Site without notice, where Khonnect.com is of the opinion that the user has breached any of the Terms and Conditions or violated any law or regulation, and to take further action as Khonnect.com in its sole discretion considers appropriate, including removing any material which it deems abusive, illegal, disruptive or inappropriate. Khonnect.com shall have the sole and absolute discretion to decide whether the user, the Buyer or the Seller has breached any of the Terms and Conditions, and such decision shall be final.

Khonnect.com reserves the right at any time and from time to time to modify, change, suspend, discontinue or restrict: (a) users’ access to, either temporarily or permanently, the Site (or any part thereof); or (b) the whole or any portion of this Site (and the services provided therein), with or without notice.

12.1 The Terms and Conditions and any dispute or matter arising from or incidental to the use of the Site shall be governed by and construed in accordance with Cambodian law.

12.2 Any dispute, controversy or claim arising out of or relating to the Terms and Conditions including the validity, invalidity, breach or termination thereof, shall be settled by arbitration at the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC as at present in force and as may be amended by the rest of this Clause:

[decision] Kept BongThom.com’s SIAC (Singapore) arbitration. Consider Cambodian arbitration (e.g. NCAC) instead — confirm with your legal advisor.

• There shall be only one arbitrator, to be appointed by the Chairman of the SIAC.

13.1 Khonnect.com may vary these Terms at any time. If Khonnect.com varies these Terms, it will provide notice by publishing the varied Terms on the Site.

13.2 You accept that by doing this, Khonnect.com has provided you with sufficient notice of the variation to its Terms.

In the course of using the Site, users of the Site (“Users”) may disclose or be asked to provide personal information and/or data. Khonnect.com will ensure compliance by its staff to the strictest standards of security and confidentiality in respect of all personal information and data submitted by users via the Site and Khonnect.com will not, subject to the terms herein, release such information to anyone without the prior consent of the relevant user(s) of the Site.

Users are strongly encouraged to read this Privacy Statement carefully to have an understanding of Khonnect.com’s policy and practices with regard to the treatment of personal information and data provided by the Users on the Site. The terms herein may be updated, revised, varied and/or amended from time to time as Khonnect.com may deem necessary and/or appropriate.

By using the Site, User:

• Consents to Khonnect.com collecting, using and disclosing User’s personal data for the purposes as described below;
• Consents to Khonnect.com disclosing Users’ personal data to Khonnect.com’s third party service providers or agents (whether within or outside Cambodia) for the purposes as described below.

In the course of using the Site, Users may disclose or be asked to provide personal information and/or data. In order to have the benefit of and enjoy various services offered by the Site, it may be necessary for Users to provide Khonnect.com with their personal information and/or data. Although Users are not obliged to provide the information and/or data as requested on the Site, Khonnect.com will not be able to render certain services on the Site in the event that Users fail to do so.

Khonnect.com’s purposes for collecting and using the information and data on the Site include but are not limited to the following:

• For the daily operation of the services provided to Users;
• To assist Buyers to find products, services or items offered by Sellers on the Site and to assist Sellers to reach Buyers interested in a wide spectrum of products, services and items; and
• For purposes other than the above mentioned which are related to Khonnect.com’s and/or its affiliates’ provision of their products and/or services as Khonnect.com may deem fit.

Khonnect.com may collect personal information and/or data about a User such as his/her name, address, email address, phone number, age, gender and date of birth that is/are not otherwise publicly available.

[changed] Removed “education level and work experience” from BongThom.com (job/CV data not collected on Khonnect.com).

Only duly authorised staff of Khonnect.com will be permitted to access Users’ personal information and data, and Khonnect.com shall not release such personal information and data to any third parties save and except for the circumstances listed out under the section headed “Disclosure or Transfer of Data”.

Khonnect.com agrees to take all practicable steps to keep all personal information and data of Users confidential and/or undisclosed, subject to the following. Generally speaking, Khonnect.com will only disclose and/or transfer Users’ personal information and/or data to Khonnect.com staff for the purpose of providing services to Users, and to Sellers who have made specific requests for such information and/or data with Users’ prior consent. However, Khonnect.com may disclose and/or transfer such information and/or data to third parties under the following circumstances:

• Where the information and/or data is disclosed and/or transferred to any third party suppliers or external service providers who have been duly authorised to use such information and/or data and who will facilitate the services on the Site, under a duty of confidentiality;
• Where the information and/or data is disclosed and/or transferred to any agents, affiliates or associates of Khonnect.com who have been duly authorised by Khonnect.com to use such information and/or data;
• Where Khonnect.com needs to protect and defend its rights and property;
• Where Khonnect.com considers necessary to do so in order to comply with the applicable laws and regulations;
• Where Khonnect.com deems necessary in order to maintain and improve the services on the Site.

By using the Site, Users are deemed to have agreed to, consented to and authorised Khonnect.com to disclose and/or transfer their personal information and data under the circumstances stated above.

[changed] BongThom.com’s CV-based profile reframed as a Khonnect.com buy/sell account profile (no CV/employment).

Khonnect.com provides all Users with the option of creating a personal or business account profile (“Profile”). A Profile can be used to post advertisements as a Seller, or to bookmark and enquire about products, services or items as a Buyer. A Profile can include personal information such as your name and contact details.

Where you have replied to an advertisement posted by a Seller, or you have enquired about products, services or items directly on the Site using your Profile, that Seller will have access to the data you choose to share, including your contact details.

Where you create a Profile on the Site you consent to the data you share being viewed and/or accessed by the Buyers and Sellers you interact with, which may result in the transfer of your personal data by them to other members of their respective groups. The use of your information (personal or otherwise) by these Buyers and Sellers is not within the control of Khonnect.com and we cannot accept responsibility for the conduct of these persons and companies.

The Site may provide links to other websites which are not owned or controlled by Khonnect.com or its affiliates. Personal information and data from Users may be collected on these other websites when Users visit such websites and make use of the services provided therein. Where and when Users decide to click on any advertisement or hyperlink on the Site which grants Users access to another website, the protection of Users’ personal information and data which are deemed to be private and confidential may be exposed in these other websites.

This Privacy Statement is only applicable to the Site. Users are reminded that this Privacy Statement grants no protection to Users’ personal information and data that may be exposed on websites other than the Site, and Khonnect.com is not responsible for the privacy practices of such other websites. Users are strongly recommended to refer to the privacy policies of such other websites before using those websites.

The security of Users’ personal information and data is important to Khonnect.com. Khonnect.com will always strive to ensure that Users’ personal information and data will be protected against unauthorised access. Khonnect.com has implemented appropriate electronic and managerial measures in order to safeguard, protect and secure Users’ personal information and data.

Users are reminded that no method of transmission over the Internet, or method of electronic data storage, is 100% secure. Therefore, while Khonnect.com strives to protect Users’ personal information and data against unauthorised access, Khonnect.com cannot guarantee its absolute security.

Once Khonnect.com has obtained a User’s personal information and/or data, it will be maintained securely in the Khonnect.com system for the purpose of managing, securing and maintaining the services offered by Khonnect.com.