Terms of Service
Revised: December 1st, 2020
Please review these Terms of Service before using this site or accessing an data on the KOMJEY.If you do not agree to these terms without limitation exclusion, you should exit this site.These Terms of Service are effective immediately for new users, and from 1st, December 2020 for all users.
Welcome to the KOMJEY financial platform. KOMJEY service and network (collectively, the "Service") are operated by KOMJEY ("the Company," "we," or "us"). By accessing or using our Mobile Application & Website at www.komjey.com, including any subdomain thereof (the " Site"), you (the " User") signify that you have read, understand and agree to be bound by these Terms of Service (" Terms of Service"), regardless of whether you are a registered member of the Service.In addition to these Terms of Service, you may enter into other agreements with us or others that will govern your use of the Service or related services offered by us or others.If there is any contradiction between these Terms of Service and another agreement you enter into applicable to specific aspects of the Service, the other agreement shall take precedence in relation to the specific aspects of the Service to which it applies.As used herein, "Users" means anyone who accesses and/or uses the Site. For any terms herein applicable to all Users, all applicants, whether individually or jointly, all investor members, or business and other entity Users specifically, or where the context otherwise requires, "Users" shall be deemed to include any business or other entity on behalf of which the Site or Service is accessed by any other User, and " you" shall be deemed to include any such business or other entity and any person acting on behalf of any such business or other entity in connection with the use of the Site or Service.For purposes of these Terms of Service, a sole proprietor participating in our Small Business lending program is deemed to be acting on behalf of a business.
Modification of these Terms of Service
We may make changes to these Terms of Service from time to time.If we do this, we will post the changed Terms of Service on both Website & Mobi Application and will indicate at the top of this page the date the Term Service were last revised.You understand and agree that your continued u the Service or the Site after we have made any such changes constitutes your acceptance of the new Terms of Service.
All Users: Consent to Electronic Transactions and Disclosures
Because the KOMJEY financial platform operates only on the Internet, whethe you choose to participate on our platform as a borrower, investor or in other manner, it is necessary for you to consent to transact business wi online and electronically.As part of doing business with us therefore, w need you to consent to our giving you certain disclosures electro y, either via our Site or to the email address and phone number you prov us. By agreeing to the Terms of Service, you agree to receive electr ly all documents, communications, notices, contracts, and agreements a from or relating to your use of the Site and Service, including a ns you may request or receive, your registration as a borrower or inv on our Site, any loans you may fund, notes you have purchased, your use s Service, and the servicing of your loan, if funded, as either a borro investor member of KOMJEY (each, a " Disclosure"), from us, er we are acting in the capacity as trustee or loan, Schedule or infor statement, including corrections of such documents, required to be p d pursuant to Cambodia. The decision to do business with us electronically is yours.This document informs you of your rights concerning Disclosures.
CUSTOMER COMMUNICATIONS: By accepting these Terms of Service, you expressl consent to be contacted by us, our agents, representatives, affiliates, anyone calling on our behalf for any and all purposes, at any telephone nu or physical or electronic address you provide or at which you may be r . You agree we may contact you in any way, including SMS messages (inclu ext messages), calls using pre-recorded messages or artificial voice, an s and messages delivered using auto telephone dialing system or an auto texting system.Automated messages may be played when the telephon nswered, whether by you or someone else.In the event that an agent or sentative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.
You consent to receive SMS messages (including text messages), calls an messages (including prerecorded and artificial voice and autodialed) from our agents, representatives, affiliates or anyone calling on our behalf a specific number(s) you have provided to us, or numbers we can rea y associate with your account (through skip trace, caller ID capture her means), with information or questions about your application, nd/or account.You certify, warrant and represent that the telephone numb at you have provided to us are your numbers and not someone else' s epresent that you are permitted to receive calls at each of the telep umbers you have provided to us.You agree to alert us whenever you stop using a particular telephone number.
We offer you the chance to enroll to receive SMS/text messages from KOMJEY such as account-related news and alerts and/or offers for products services.By enrolling in KOMJEY' s SMS/text messaging service, you agr receive text messages from KOMJEY to your mobile phone number provided, u certify that your mobile number provided is true and accurate and tha are authorized to enroll the designated mobile number to receiv text messages.You acknowledge and agree that the text messages may be s ing an automatic telephone dialing system and that standard message ta rates apply.Consent to receive SMS/text messages is not required as a condition of purchase.
To unsubscribe from text messages at any time, please send email to the suppor team.You may receive one final text message from KOMJEY confirming your request.For help, contact us at contact@komjey.com.
TELEMARKETING CALLS: If you have provided consent for telemarketing calls, yo agree that (i) we, our agents, representatives, affiliates, third parties, anyone calling on our behalf may call, email or SMS messages (including messages) you at the numbers and addresses you have provided for purp f describing goods and services that may be of interest to you, offer us, our affiliates and/or third parties; (ii) agree these calls, tex email messages may be made using an automatic dialing or email syst hnology and/or involve prerecorded and/or artificial voice messaging.Yo sent, if provided, will be effective even if the number you have provid registered as a Do-Not-Call (DNC) list.This consent for telemarketing c hall remain in effect until you revoke it.Your consent to telemark calls may be revoked by informing the telemarketing representative, or any other method, which ensures we receive the revocation.
Your consent to telemarketing calls is not a condition of obtaining your loan.
You also understand that your cellular or mobile telephone provider will charge you according to the type of plan you carry.
Opt-Out: You can revoke your consent by contacting us via email at contact@komjey.com.
CALL RECORDING AND MONITORING: You consent to the recording and monitoring, fo quality assurance, training, risk management and/or collection purposes, of call that you place with us (or our agents, representatives, affiliates, parties or anyone calling on our behalf) or that we (or our , representatives, affiliates, third parties or anyone calling on our behalf) place to you.
Electronic Communications.Any Disclosures will be provided to you electronically through KOMJEY Application or via electronic mail to the ema address you provided.If you require paper copies of such Disclosures, you sign in to your account on our Site and print the documents desired or yo write to us at the mailing address provided below and a paper copy will be sent to you at a cost of up to $3.00 per document requested.
Scope of Consent.Your consent to receive Disclosures and transact business electronically, and our agreement to do so, applies to any transactions which such Disclosures relate, whether between you and KOMJEY.Your cons will remain in effect for so long as you are a User and, if you are no lon User, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a User have been made.
Consenting to Do Business Electronically.Before you decide to do business electronically with KOMJEY, you should consider whether you have the required hardware and software capabilities described below.
Hardware and Software Requirements.In order to access and retain Disclosures electronically, you must satisfy the following computer and softwa requirements: access to the Internet; an email account and related soft capable of receiving email through the Internet; supported Web browsing.To ensure access and optimal printing of your loan documents in PDF format.
Additional Mobile Technology Requirements.If you are accessing our site and the Disclosures electronically via a mobile device (such as a smartphon tablet, and the like), in addition to the above requirements you must make that you have software on your mobile device that allows you to print an the Disclosures presented to you during the application proces e applications can be found for most mobile devices in the dev 9; s respective " app store".If you do not have these capabili n your mobile device, please access our site through a device that provides these capabilities.
Withdrawing Consent.You may withdraw your consent to receive Disclosures electronically by contacting us at the address below.However, once you hav withdrawn your consent you will not be able to post loan requests on our Si If you have a pending loan request on our Site we will terminate it and r it from our system.If you have already received a loan, all previously to terms and conditions will remain in effect, and we will send Disclo to your verified home address provided during registration (except with d to participants in our Small Business lending program, as dis under " Terms Applicable to Business and Other Entity Users" ).If you are an investor member on the Site and you withdraw your co to receive Disclosures electronically, you may continue to contribute fu requests on the Site.If you have already purchased one or more no ll previously agreed to terms and conditions will remain in eff nd we will send Disclosures to your verified home address provided duri istration (except with regard to investor members that are entities, as discussed under " Terms Applicable to Business and Other Entity Users" below).
If you withdraw your consent electronically, we will confirm your withdrawa and its effective date in writing by email.Such withdrawal will take effe for the calendar year in which it is made so long as such withdrawal is made before April 1 of such calendar year.
How to Contact Us regarding Electronic Disclosures.You can contact us via email at contact@komjey.com You will print a copy of this Agreement for your records and you agree and acknowledge that you can access, receive and retain all Disclosures electronically sent via email or posted on the Site.
Change in Your Contact Information. If you are an individual User, you will keep us informed of any change in your email or home address so that you can continue to receive all Disclosures in a timely fashion. If your registered email address changes, you must notify us of the change by sending an email to contact@komjey.com You also agree to update your registered residence address and telephone number on the Site if they change.If you are a business or entity User or are acting on behalf of a business or entity, you will keep us informed of any change to your email address, telephone number and primary business address, as discussed under " Terms Applicable to Business and Other Entity Users" below.
Terms Applicable to Individual Users
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate current and complete information about you as may be prompted by registration forms on the Site or otherwise requested by the Co (" Registration Data"); (b) maintain the security of your pass nd identification; (c) maintain and promptly update the Registration Dat any other information you provide to the Company, to keep it accurate, nt and complete; (d) promptly notify the Company regarding any mater anges to information or circumstances that could affect your eligibilit ontinue to use the Site or Service or the terms on which you use the Si Service; and (e) be fully responsible for all use of your account and for any actions that take place using your account.
Investor Members: Securities Matters
Notwithstanding anything to the contrary in these Terms of Service, in no even shall anything in these Terms of Service be deemed to be a waiver, and we w not assert there has been a waiver, that would not be permissible unde Securities Act or any other applicable provision of Cambodian Government securities laws.
All Users: Eligibility, License and Representations
Eligibility: General
This Site is intended solely for Users who, if they are a natural person, ar eighteen (18) years of age or older, and any registration by, use of or acc to the Site by any natural person under 18 is unauthorized, unlicensed a violation of these Terms of Service.By using the Service or the Sit represent and warrant that, if you are a natural person, you are 18 er and that you agree to and will abide by all of the terms and con s of these Terms of Service.If you violate any of these Terms of e, or otherwise violate an agreement between you and us, the Company rminate your membership, delete your profile and any content or infor that you have posted on the Site and/or prohibit you from using or acce the Service or the Site (or any portion, aspect or feature of the Servi the Site), at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18.
Proprietary Rights in Site Content; Limited License
All content on the Site, including but not limited to designs, text, graphics pictures, video, information, software, music, sound and other files, and th selection and arrangement (the " Site Content"), are the propr property of the Company with all rights reserved.No Site Content e modified, copied, distributed, framed, reproduced, republished, do ed, displayed, posted, transmitted, or sold in any form or by any mean whole or in part, without the Company' s prior written permiss xcept as provided in the following sentence and except that the foregoin not apply to your own User Content (as defined below) that you legally on the Site. Provided that you are eligible for use of the Site, you a nted a limited license to access and use the Site and to download nt a copy of any portion of the Site Content solely for your use in con n with your use of the Site or Service, provided that you keep all copy or other proprietary notices intact.Except for your own User Content fined below), you may not republish Site Content on any Internet, net or Extranet site or incorporate the information in any other databas ompilation, and any other use of the Site Content is strictly prohibited se of the Site or the Site Content other than as specifically authorized n, without the prior written permission of the Company, is strict hibited and will terminate the license granted herein.Such unauthorized ay also violate applicable laws including without limitation copy and trademark laws and applicable communications regulations and s s.Unless explicitly stated herein, nothing in these Terms of Service sh construed as conferring any license to intellectual property rights, wh by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause.
You may review personal information (including credit data) posted by o relating to other Users on the Site, but you are not authorized to disclose otherwise use such information for any purpose other than assessin creditworthiness of other Users.You may not reproduce any personal infor (including credit data).Further, you represent and warrant that: (i) o not have the ability to match any personal information (including cre ta) posted by or relating to other Users to the identity of any indiv (ii) you will not make any attempt to obtain data permitting you tch any personal information (including credit data) posted by or re to other Users to the identity of any individual; (iii) you wi accept any information from any third party that permits such a match; and (iv) you will make no such match.
Restrictions on Data Collection/Termination
Without our prior consent, you may not:
- use any automated means to access this Site or collect any information fro the Site (including, without limitation, robots, spiders, scripts or other automatic devices or programs);
- frame the Site, utilize framing techniques to enclose any Content or othe proprietary information, place pop-up windows over this Site' s pages, or otherwise affect the display of this Site' s pages;
- engage in the practices of " screen scraping," " datab scraping" or any other activity with the purpose of obtaining content or other information;
- upload, post, email, transmit or otherwise make available any unsolicited o unauthorized advertising, promotional materials, " junk mail,&q " spam," " chain letters," " pyramid schemes, r any other form of commercial or non-commercial solicitation or bulk communications of any kind to any KOMJEY member or third party;
- Use data provided by KOMJEY, provided in any manner whatsoever, for an competing uses or purposes.You further agree that you have never used dat provided in any manner whatsoever, from KOMJEY in the past to compete with the products or services of KOMJEY; or
- use this Site in any manner that violates applicable law or that coul damage, disable, overburden, or impair this Site or interfere with any other party' s use and enjoyment of this Site.
We may terminate, disable or throttle your access to, or use of, this Site an the Services at any time without notice for any reason, with or without cause at KOMJEY' s sole discretion.
The following provisions of this Agreement shall survive termination of you use or access to the Site: the sections concerning Indemnification, Disclai of Warranties, Limitation of Liability, Waiver, Applicable Law and Di Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.
User Representations
You represent, warrant and agree that no materials of any kind submitte through your account or otherwise posted or shared by you through the Serv will violate or infringe upon the rights of any third party, incl copyright, trademark, privacy, publicity or other personal or prop y rights; or contain libelous, defamatory, fraudulent or otherwise ful material.You further agree not to harvest or collect email addresse ther contact information of Users from the Service or the Site by e nic or other means for the purposes of sending unsolicited emails or oth olicited communications.Additionally, you agree not to use automated scr o collect information from the Service or the Site or for any other pur ou further agree that you may not use the Service or the Site in any unl manner or in any other manner that could damage, disable, overburden or impair the Site.In addition, you agree not to use the Service or the Site to:
- upload, post, transmit, share, store or otherwise make available any conten that we deem to be harmful, threatening, unlawful, defamatory, infringi abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasi privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- except where authorized by the Company, register for more than one Use account, register for a User account on behalf of an individual other t yourself, operate a User account on behalf of or for the benefit o person who is not eligible to register for or operate a User account i own name, or register for a User account on behalf of any group y (other than approved investment accounts opened on behalf of lega es, joint consumer loan accounts or accounts opened for purposes of participating in our Small Business lending program);
- impersonate any person or entity, or falsely state or otherwise misrepresen yourself, your age or your affiliation with or authority to act on behalf of any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited o unauthorized advertising, solicitations, promotional materials, " mail," " spam," " chain letters," " pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available o the Site any private information of any third party, including, with limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- solicit personal information from any natural person under 18 or solici passwords or personally identifying information for commercial or unlawful purposes from any User;
- upload, post, transmit, share or otherwise make available any material tha contains software viruses or any other malicious or tracking computer co files or programs designed to track, interrupt, destroy or limi functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another User;
- upload, post, transmit, share, store or otherwise make available content tha would constitute, encourage or provide instructions for a criminal offen violate the rights of any party, or that would otherwise create liability or violate any local, national or international law;
- use or attempt to use another' s account, service or system witho authorization from that person and the Company, or create a false identity on the Service or the Site; or
- upload, post, transmit, share, store or otherwise make available conten that, in the sole judgment of the Company, is objectionable or wh restricts or inhibits any other person from using or enjoying the Sit which may expose the Company or its Users to any harm or liability of any type.
User Content Posted on the Site
You are solely responsible for the personal or business information, photos profiles, messages, notes, text, information, music, video, contact informat for you or others, advertisements or other content that you upload, pub provide or display (hereinafter, " post") on or through the Se or the Site, or transmit to or share with other Users (collectively the User Content").It is against the Terms of Service to contact memb rectly or to attempt to enter into any lending transactions with memb tside of the Service.You understand and agree that the Company ut is not obligated to, review and delete or remove (without notice) an Content in its sole discretion, including without limitation, User t that in the sole judgment of the Company violates these Terms rvice, might be offensive or illegal, or might violate the rights of, harm, or threaten the safety of, Users or others.
By posting User Content to any part of the Site, you automatically grant, an you represent and warrant that you have the right to grant, to the Company irrevocable, perpetual, non-exclusive, transferable, fully paid, worl license (with the right to sublicense) to use, copy, publicly perform, p y display, reformat, translate, excerpt (in whole or in part) and distri uch User Content for any purpose on or in connection with the Site or th otion thereof, to prepare derivative works of, or incorporate into othe s, such User Content, and to grant and authorize sublicenses of the for .You may remove your User Content from the Site at any time.If you choose to remove your User Content, the license granted above will not expire.
You may review personal or business information (including credit data) poste by other Users on the Site, but you are not authorized to disclose or otherw use such information for any purpose other than assessing the creditworthiness of other Users.
Business and Other Entity Users
Eligibility: Business and Other Entity Users
Access to the Site for Users that are businesses, other entities or person acting on behalf of such businesses or entities, including for all Us participating in our Small Business lending program, is intended solel authorized representatives of businesses or other entities that are d standing in each jurisdiction in which they are registered to conduct ess and persons otherwise authorized by such businesses or entitie ct in furtherance of the business or entity' s use of the Site vice.By using the Service or the Site on behalf of a business o r entity, including as a sole proprietor participating in our Small ess lending program, you represent and warrant that you are duly autho in accordance with the foregoing by the business or other entity on be f which you are acting, that you have the power and authority to enter inding agreements on behalf of the business or entity or in the capacity ich you are acting, and that the business or entity is in good stand each jurisdiction in which it is registered to conduct business t best of your knowledge. Furthermore, you confirm that you agree to all e terms and conditions of these Terms of Service individually and on f of such business or other entity, and represent and warrant that yo such business or other entity will abide by all of the terms and con s of these Terms of Service.If you, the business or entity, any other p acting on behalf of the business or entity or any guarantor (if a ble) violate any of these Terms of Service, or otherwise violate an agr between the business or entity (or, if applicable, any guarantor) an Company, the Company may terminate the business or entity' s me ip, delete any associated profile and any content or information post the Site in connection with the business or entity' s membership prohibit you, such business or entity and any other person actin he business or entity' s behalf from using or accessing the Serv the Site (or any portion, aspect or feature of the Service or the Site), at any time in its sole discretion, with or without notice.
Additional Representations: Business and Other Entity Users
In addition to the User Representations set forth above under " Us Representations," which you hereby confirm on behalf of the busines entity member, you further agree, both individually and on behalf of the business or entity, not to use the Service or the Site to:
- register for multiple User accounts on behalf of the same business or entity;
- operate or otherwise utilize an account opened in the name of a business or entity for the benefit of any persons other than that business or entity;
- operate or otherwise utilize an account opened in the name of a business o entity for any purpose prohibited by law or regulation, any activity wh that business or entity is not duly authorized to conduct, or for any pu prohibited by any other agreement between the business, guarantor or entity and the Company;
- operate a User account on behalf of any business or entity with regard t which you are not an authorized person with the power to enter into binding agreements on behalf of the business or entity;
- communicate with any other User regarding the business or entity, or it business operations, other than anonymously and publicly via the Site, upload, post, transmit, share or otherwise make available any informati informational material identifying the business or entity or its b operations (other than Registration Data provided to the Company r information requested by the Company or otherwise necessary for your use of the Site or Service); and
- upload, post, transmit, share, store or otherwise make publicly available o the Site any private information regarding the business or entity, includi without limitation, addresses, phone numbers, email addresses identification numbers and credit, or any personal information re persons associated with the business or entity (other than Registration Data provided to the Company).
Furthermore, you represent and warrant and agree, both individually and on behalf of the business or entity, that:
- all email addresses provided on behalf of the business or entity are and will be used by the business or entity for business purposes; and
- you will not represent or portray the business or entity as being affiliate with the Company in any capacity other than being a User of the Site or Service without the Company' s prior written consent.
Additional Representations: Small Business Borrowers
In addition to the User Representations set forth above under " Us Representations" and " Additional Representations: Business and Entity Users," which you hereby confirm on behalf of the small b s borrower, you further agree and confirm, both individually and on behalf of the business and/or entity, that:
- use of the Site and Service is contingent on acceptance of and complianc with these Terms of Service by all persons acting on the business entity' s behalf or in furtherance of the business or entity' request, including persons acting as a prospective guarantor of any requested loan;
- all information relating to any prospective guarantor of any requested loa that is requested by any registration forms on the Site will be provided via the Site directly by such prospective guarantor;
- neither you nor the business or entity will communicate with any other Use regarding any loan request made by the business or entity other than anonymously and publicly via the Site;
- neither you nor the business or entity will use the Service or the Site t attempt to generate business or investment interest in the business or ent from any other person, including other Users, other than for purpos obtaining a loan via the Service or through the use of the proceeds of any loan the business or entity may receive; and
- you will not represent or portray the business or entity as anything othe than a borrower in connection with its loan request without the Company' s prior written consent.
Scope of License to Use
For Users that are businesses or other entities, or persons acting on behalf o businesses or other entities, the limited license to access and use the S granted above shall be deemed granted to the business or entity member a those authorized representatives of the business or entity f m Registration Data has been provided to the Company while acting on of the business or entity member in their official capacities.Any ac o or use of the Site by persons who are not authorized representa of the business or entity, including but not limited to any represent for whom Registration Data has not been provided, voids this l and shall constitute a violation of these Terms of Service.Furthermore license is revocable by us at any time with regard to the business or e member and/or any person acting on such business or entity' s behalf without notice and with or without cause.
Registration Data; Account Security
In consideration of your use of the Site and the Service on behalf of business or other entity member, you, individually and on behalf of s business or entity, agree to (a) provide accurate, current and com information about the business or entity, yourself and any other pri s and/or authorized representatives of the business or entity member be prompted by any registration forms on the Site or otherwise reque y the Company (" Registration Data"), including the business o ty' s full legal name; (b) provide such materials as the Compa request to establish and/or verify your or any other person' s iden r authority to enter into binding agreements on behalf of the bus or entity, or to establish and/or verify the business or entity' gal existence, good standing in any jurisdiction and eligibility to use ite or Service, or to establish and/or verify your eligibility to act as ntor with regard to any loan requested by the business or entity; ( ntain the security of any password and identification issued for use b n behalf of the business or entity; (d) maintain and promptly update t istration Data, and any other information provided to the Company by y anyone else acting on behalf of the business or entity, to keep it accur urrent and complete; (e) promptly notify the Company regardi material changes to information or circumstances impacting the bus or entity' s legal existence, good standing in any jurisdiction in the business or entity is authorized to conduct business, or eligibili continued use of the Site or any Service; and (f) be fully responsible for all use of any accounts opened on behalf of the business or entity and for any actions that take place using such account.
Withdrawn Consent to Electronic Disclosures: Other Business or Entity Users
If you are an investor member on the Site and you withdraw your consent to receive Disclosures electronically as discussed above, you may continue to contribute funds to requests on the Site. If you withdraw your consent to receive Disclosures electronically and have already purchased one or more notes, all previously agreed to terms and conditions will remain in effect, and we will send Disclosures to your primary business address as provided during registration or updated by you. You agree to keep us informed of any changes to your primary business address so that you can continue to receive all Disclosures in a timely fashion. If your email address or primary business address change, you must notify us of the change by sending an email to contact@komjey.com You also agree to update your primary business address and telephone number on the Site if they change.
Withdrawn Consent to Electronic Disclosures: Small Business Borrowers and Guarantors
If you withdraw your consent to receive Disclosures electronically as discusse above, and have a pending loan request on our Site, we will terminate it remove it from our system.If you withdraw your consent to receive Disclos electronically and have already received a loan, all previously agreed to and conditions will remain in effect, and we will send Disclosures ur primary business address as provided during registration or updated b You agree to keep us informed of any changes to your primary business ss so that you can continue to receive all Disclosures in a timely fas f your email address or primary business address change, you must notify us of the change by sending an email to contact@komjey.com.You also agree to update your primary business address and telephone number on the Site if they change.If you are acting as a potential guarantor for a Small Business loan, you also agree to notify us of any change to your home address via email using the contact information provided above.
All Users: Intellectual Property Matters
Trademarks
KOMJEY and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of the Company in Cambodia and/or other countries. The Company' s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
Copyright Complaints
If you believe that any material on the Site infringes upon any copyright whic you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:
- Name of Agent Designated to Receive
- Notification of Claimed Infringement:
- Full Address of Designated Agent to
- Which Notification should be Sent:
- Telephone Number of Designated Agent:
- Facsimile Number of Designated Agent:
- E-Mail Address of Designated Agent:
- Attention: Legal Department
- contact@komjey.com
To meet the notice requirements under the Digital Cambodian Copyright Law, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, i multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be th subject of infringing activity and that is to be removed or access to wh is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complainin party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use o the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and unde penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Repeat Infringer Policy
In accordance with the Digital Cambodian Copyright Law (DCCL) and othe applicable law, the Company has adopted a policy of terminating, in appropri circumstances and at the Company' s sole discretion, the membersh members who are deemed to be repeat infringers.The Company may also s sole discretion limit access to the Site and/or terminate the membe of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas feedback or other information about the Site or the Serv (" Submissions"), provided by you to the Company are non-confid and shall become the sole property of the Company.The Company sh n exclusive rights, including all intellectual property rights, and be entitled to the unrestricted use and dissemination of these Submissi r any purpose, commercial or otherwise, without acknowledgment or compensation to you.
All Users: Miscellaneous Terms
Links to Other Websites and Content
The Site contains (or you may be sent through the Site or the Services) link to other websites (" Third Party Sites"), as well as artic photographs, text, graphics, pictures, designs, music, sound, information, software and other content belonging to or originating fr rd parties (the " Third Party Content").Such Third Party Sites hird Party Content are not investigated, monitored or checked f uracy, appropriateness, or completeness by us, and we are not respo for any Third Party Sites accessed through the Site or any Third Part ent posted on the Site, including without limitation the content, accura fensiveness, opinions, reliability or policies of or contained in the Party Sites or the Third Party Content.Inclusion of or linking to any Th rty Site or any Third Party Content does not imply approval or endors thereof by us.If you decide to leave the Site and access the Third P ites, you do so at your own risk and you should be aware that our te d policies no longer govern.You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Privacy
Please review the Site' s Privacy Policy.By using the Site or the Service you are consenting to the Privacy Policy and agree to have your personal d transferred to and processed in Cambodia.We may listen to and/or record p calls between you and our representatives without notice to you as permit applicable law.For example, we listen to and record calls for quality monitoring purposes.
User Disputes
You are solely responsible for your interactions with other Users.We reserve the right, but have no obligation, to monitor disputes between you and other Users.
Disclaimers
None of Company' s, its parent, any of its affiliates, subsidiarie providers or their respective officers, directors, employees, age independent contractors or licensors (collectively the " Y Parties") guarantees the accuracy, adequacy, timeliness, rel ty, completeness, or usefulness of any of the Content and the KOMJEY Parties disclaim liability for errors or omissions in the Content.
This Site and all of the Content is provided " as is" and " available," without any warranty, either express or implied, includin implied warranties of merchantability, fitness for a particular p , non-infringement or title.Additionally, there are no warranties a he results of your use of the Content.The KOMJEY Parties do not warrant the Site is free of viruses or other harmful components.This does not af hose warranties which are incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
The Company does not guarantee the accuracy of any User Content or Third Part Content.Although we provide rules for User conduct and postings, we do n control and are not responsible for what Users post on the Site and are responsible for any offensive, inappropriate, obscene, unlawful or oth objectionable content you may encounter on the Site or in connection ny User Content or Third Party Content.The Company is not responsibl the conduct, whether online or offline, of any User of the Site or S .The Company cannot guarantee and does not promise any specific results from use of the Site and/or the Service to obtain a loan.
The Site and the Service may be temporarily unavailable from time to time fo maintenance or other reasons.The Company assumes no responsibility for a error, omission, interruption, deletion, defect, delay in operatio transmission, communications line failure, theft or destruction or unauth access to, or alteration of, User communications.The Company t responsible for any problems or technical malfunction of any telephon ork or lines, computer online systems, servers or providers, computer ment, software, failure of email or players on account of technica lems or traffic congestion on the Internet or on the Site or combi thereof, including injury or damage to Users or to any other pers ; s computer related to or resulting from participating or down g materials in connection with the Web and/or in connection with ervice.Under no circumstances will the Company be responsible for any lo damage, including any loss or damage to any User Content, financial dama lost profits, loss of business, or personal injury or death, resulti m anyone' s use of the Site or the Service, any User Content or Th rty Content posted on or through the Site or the Service or transmitted to Users, or any interactions between Users of the Site, whether online or offline.
The Company reserves the right to change any and all content contained in th Site and any Services offered through the Site at any time without noti Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not consti r imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED AND EXCEPT A PROVIDED ABOVE IN THE PARAGRAPH TITLED, " INVESTOR MEMBERS: SECURI MATTERS", IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, EMPLOY AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQ L, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FO LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVI ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN EXCEPT AS PROVIDE ABOVE IN THE PARAGRAPH TITLED, " INVESTOR MEMBERS: SECURI MATTERS", TO THE EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FO THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY O THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.IN NO CAS EPT AS PROVIDED ABOVE IN THE PARAGRAPH TITLED, " INVESTOR MEMB ECURITIES MATTERS", WILL THE COMPANY' S LIABILITY TO YOU D $1000.YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE COMPANY FOR THE CE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE TED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
IN ADDITION TO THE SPECIFIC SECURITIES LAWS PROVISIONS DESCRIBED ABOVE IN TH PARAGRAPH TITLED, " INVESTOR MEMBERS: SECURITIES MATTERS", CER CAMBODIAN LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMA LIMITATIONS ON IMPLIED WARRANTIES.IF THESE LAWS APPLY TO YOU, SOME OR F THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates and each of their directors, officers, agents, contractors, partners employees, harmless from and against any loss, liability, claim, de damages, costs and expenses, including reasonable attorney' s fees, ng out of or in connection with your User Content, any Third Party C you post or share on or through the Site, your use of the Service or th , your conduct in connection with the Service or the Site or with othe s of the Service or the Site, or any violation of these Terms of Servi of any law or the rights of any third party.The previous sentence shall pply to any extent to Users while acting as an investor member or whil stering as an investor member in connection with their (i) posting of User Content or (ii) use of the Site or Service.
Governing Law
By visiting or using the Site and/or the Service, you agree that the laws o Cambodia, without regard to any principles of conflict of laws that wo require or permit the application of the laws of any other jurisdiction, govern these Terms of Service.If you obtain a loan, the terms of the loa be governed by Cambodia laws to the extent not preempted, without regar ny principle of conflicts of laws that would require or permit the application of the laws of any other jurisdiction.
Other
The failure of the Company to exercise or enforce any right or provision o these Terms of Service shall not constitute a waiver of such right or provis in that or any other instance.If any provision of these Terms of Servic held invalid, the remainder of these Terms of Service shall continue i force and effect.If any provision of these Terms of Service shall be d unlawful, void or for any reason unenforceable, then that provision be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Questions
Please visit our KOMJEY Personal Loans FAQ page for more information or contact us by email contact@komjey.com