1 Introduction
1.1 The Khmer GEONET (“Khmer GEONET”) is provided and administered by Ministry of Land Management, Urban Planning and Construction, Royal Government of the Kingdom of Cambodia (“MLMUPC”) and enables online access to spatial and other land information products and services.
1.2 MLMUPC agrees to provide access to Khmer GEONET to you under these terms and conditions:
(a) by accessing Khmer GEONET, MLMUPC will treat that access as acceptance of these terms and conditions.
1.3 Direct any questions regarding these terms and conditions to cors.kh@gmail.com prior to accepting these terms and conditions.
1.4 MLMUPC may amend these terms and conditions at any time.
1.5 In the case of any conflict between these terms and conditions and any Prakas or regulation, the Prakas or regulation prevails.
2 Access to Products
2.1 Unless otherwise agreed in writing by MLMUPC, you are prohibited from:
(a) on-selling, or on-supplying, or sub-licensing products in any form to any other person or entity; or
(b) altering the format, meaning or substance of any products supplied; or
(c) making copies of the products other than as are reasonably required for backup purposes; or
(d) rebroadcasting, reformatting, or reconstructing products or part thereof; or
(e) otherwise publishing, blending or dealing with the products.
2.2 Unless otherwise agreed in writing by MLMUPC, you may not do any of the following with the products:
(a) alter, blend or combine the products or part thereof;
(b) data aggregating, data matching, marketing, compilation of mailing lists, list brokering or any related purpose except to the extent that such data aggregation, data matching, marketing, compilation of mailing lists, list brokering or related purpose is required by law (including any obligation under a court order); or
(c) print the product in any pre-printed paper unless the layout and pre printed format has been approved by MLMUPC.
2.3 You agree to keep all userids and passwords, if any, secure and confidential to prevent unauthorised access to Khmer GEONET.
2.4 At any time MLMUPC may:
(a) amend access to Khmer GEONET or the products and services available within Khmer GEONET; or
(b) discontinue Khmer GEONET in its entirety.
2.5 Where MLMUPC becomes aware of a breach of these terms and conditions, MLMUPC may immediately revoke access and deny further access to Khmer GEONET.
3 Service Levels
3.1 You acknowledge that some products may be sourced, updated and / or provided by a third party.
3.2 You acknowledge that some products and datasets are only hosted by MLMUPC.
3.3 You acknowledge that some products are available as searching aids only.
3.4 You acknowledge that MLMUPC is not responsible for any corruption, or failed transmission of any products or services, attributable to your computer system or omission of your Internet Service Provider (“ISP”).
3.5 You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of Khmer GEONET.
3.6 You agree that you will not use any device, software or routine to abuse the service of Khmer GEONET or emulate human interaction and operation.
3.7 You agree that any software that is made available to download from Khmer GEONET may require you to enter into an end user licence agreement with the software supplier.
3.8 You acknowledge that access to Khmer GEONET:
(a) may not be continuous or uninterrupted at all times; and
(b) may be interfered with by factors or circumstances outside MLMUPC’s control.
3.9 You agree that MLMUPC will and is entitled to collect and store Internet Protocol (“IP”) addresses, ISPs and other identifying information you may provide in accessing Khmer GEONET. This information will be stored securely by MLMUPC for a period of not less than seven years.
3.10 You agree that MLMUPC may set an upper limit on the number of products (or volumes of products) you may request or access via Khmer GEONET.
3.11 MLMUPC will use its reasonable endeavors to ensure that the service is available during electronic business hours (midnight until 23.45 Cambodia time) daily.
4 Fees
4.1 You agree that some products are supplied for a fee. These fees may be varied from time to time.
4.2 You acknowledge that the fees may be expressed in Khmer Riel or US dollars.
4.3 Unless otherwise agreed, MLMUPC will issue Invoices and you agree to pay the Tax Invoices.
5 Liability
5.1 You agree that, other than as expressly provided and to the extent permitted by law:
(a) no warranty, condition, description or representation is given by MLMUPC in relation to Khmer GEONET or any part thereof, and any products or services provided;
(b) except as provided in Clauses 5.3 and 5.4 MLMUPC shall not be liable to you for any loss or damage (including loss of profits, business, revenue or data) whether in contract, tort (including negligence) or otherwise arising from or in connection with:
(i) these terms and conditions;
(ii) the performance of Khmer GEONET or any part thereof;
(iii) any defect, error or inaccuracy of Khmer GEONET or any part thereof or any products or services;
(iv) any lack of completeness, suitability or fitness for purpose of Khmer GEONET or the products or services;
(v) any inaccuracy, omission, defect or error in your computer systems; and
(vi) any claim for infringement of intellectual property rights based upon the modification, combination, operation or use of Khmer GEONET or any part thereof with any computer programs, systems or data, not furnished by MLMUPC.
5.2 The availability and accuracy of Khmer GEONET and its products and services is dependent upon your software equipment and functionality. MLMUPC does not guarantee the compatibility of such variables.
5.3 You must indemnify and keep indemnified, hold harmless and defend MLMUPC from and against any and all actions, proceedings, claims, demands, costs, losses, damages and expenses which may be brought against or made upon MLMUPC arising from, or incurred by reason of, or in connection with:
(a) any provision of Khmer GEONET or any part thereof;
(b) any act or omission by you;
(c) any breach by you; or
(d) any use, including unauthorised use, of Khmer GEONET, or any userid or password.
5.4 MLMUPC will not be under any liability for any delay, loss or damage (including consequential loss) caused to you directly or indirectly by the unavailability of access to Khmer GEONET, or any part thereof, due to your failure to comply with these terms and conditions, or power or mechanical failure or any cause whatsoever outside the control of MLMUPC including acts of war, acts of God, acts of terrorism, earthquake, flood, riot, embargo, sabotage or governmental act.
5.5 Any product provided via Khmer GEONET is only current at the time and date of supply or transmission from MLMUPC.
5.6 MLMUPC does not render legal advice or engage in other professional services in relation to Khmer GEONET.
6 Continuity of Service
6.1 You acknowledge that MLMUPC has no control over the speed of transmission of the products and services where the internet is used for access.
7 Intellectual Property
7.1 You agree that you will not remove, obscure, or alter any copyright or proprietary rights notices which may be affixed or contained within a product.
7.2 You acknowledge and agree that all copyright, trademark and other intellectual property rights in the products and services are the property of MLMUPC, the Royal Government of Cambodia or other third parties.
7.3 You must promptly report to MLMUPC any infringement or suspected infringement of any copyright or proprietary rights referred to in Clause 7.
8 Privacy
8.1 “Personal information” may be used in the creation of your access to Khmer GEONET, and this information will be used and recorded in connection with accessing Khmer GEONET.
8.2 Your “personal information” will not be released unless the law permits it or your permission is given.
8.3 You must:
(a) comply with MLMUPC privacy policies;
8.4 You may only use “personal information” for the authorised purpose for which it was collected, or other purpose permitted by law.
9 Disputes
9.1 Where you have any complaint in relation to Khmer GEONET, you must contact Khmer GEONET administration via cors.kh@gmail.com Where reasonably required by MLMUPC, you must put the complaint in writing together with relevant documentation.
9.2 If any dispute arises out of these terms and conditions, you agree to allow MLMUPC reasonable opportunity to resolve the matter before commencing litigation.
10 General Terms
10.1 If any of these terms and conditions are held to be invalid or unenforceable that term or condition:
(a) will be read down to the extent necessary to make it valid and enforceable; or
(b) may be severed and the remaining terms and conditions enforced.
10.2 The headings in these terms and conditions are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any provision of these terms and conditions.
10.3 You acknowledge that these terms and conditions are governed by and interpreted in accordance with the law of the Kingdom of Cambodia.
11 Inconsistency
11.1 Where a user is bound by the MLMUPC Products and Service Agreement or other agreement with MLMUPC, in the event of any inconsistency between these Terms and Conditions and the agreement, the agreement prevails. You must ensure that you are aware of your underlying legal obligations.
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