Legal Notice

These terms govern your access to and use of https://topaz.thalias.com.kh/

1. TERMS OF USE

These terms and conditions apply to all users, hereinafter referred to as (“Web user”) of this Website. Web user agrees that by accessing the website or by otherwise accessing any content found on the Site, Web user acknowledge that Web user have read, understood, and accepted (without limitation to these Terms of Use and our Privacy Policy) and therefore agrees to be bound by the terms that follow (the “Terms of Use”).

1. INTELLECTUAL PROPERTY RIGHTS

THALIAS Co., LTD hereinafter referred to as (the “Web owner”) has the exclusive intellectual property rights over all the material includes, but is not limited to, the design, layout, look, appearance and graphics, the texts, content, comments, works, illustrations, photographs, images, videos, sounds, plans, trademark, tradename, logo, creations and various protected works, reproduced on https://topaz.thalias.com.kh/ and its general structure hereinafter referred to as the (the “Site”).

Content and all material on this Site are protected by copyright. Nevertheless, Web owner owns and retains copyright (and any other intellectual property rights) in all its artwork, copy and other materials on the Site.

III. REFERENCING AND AVOIDING PLAGIARISM

The Parties hereby covenant that any illustration in all nature of publication, Web user is allowed to copy only 10 % (Ten percent) of the whole content of the Site, in such case, Web user is subject to:

1. mention the source of the article;
2. identity author’s name;
3. and credit photos as well as the link to the original Site

Nevertheless, Web user acknowledges that using the Site’s production without crediting its original source, means to commit literary theft as one’s own original material, and to present existing material as new and original, an idea or product derived from a source constitutes Plagiarism which is exclusively prohibited.

1. PROHIBITIONS

Without limiting to the general terms of the restrictions hereabove mentioned, Web user is completely prohibited to:

1. Reproduce or transmit to any other website, copy, publish, translate, adapt and alter, distribute all or any part of the Site’s Content;
2. Modify, copy, create derivative works from, or in any way exploit all or any part of the Site’s content;
3. Reproduce the digital version of the Site’s content for press review purposes, to broadcast single-shot copies, to make documentary copies;
4. Reproduce the whole or a substantial part of the Site’s content, any separated articles, articles, or even though short extract of the Site.

Performing any of these acts by Web user shall be considered as committing criminal offenses on the copyrights infringement as set by Cambodian Law on Copyrights and related rights.

1. REMUNERATION

Any use of the Site’s content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be submitted to legal@thalias.com.kh and may be subject to a remuneration as set at the sole discretion of Web owner.

1. COVENANTS OF WEB USER

Web user hereby covenants, represents and warrants that:

• Any contents contained in the Site are protected by Cambodian Copyrights law, and that Web user may not modify, make copies, reproduce, republish, upload, post, or distribute in any way any copyrighted content from the Site, without prior and formal written consent from Web owner;
• Any use of the Site’s content must be approved in writing from Web owner, with subject to a remuneration and that reprints of portions or quotes for limited publication or distribution, if approved, must include the author’s name and web owner’ contact information, in addition to citing the name of the publication as the source;
• Non- compliance with these conditions, Web user will be held responsible before the Law as defined in point VII hereunder.

VII. PENALTIES

In the event of Web user’s failure to comply with terms and conditions set forth herein or violation of Web owner’s copyrights constitutes an offense of infringement, Web user is punishable, by Law, in particular, Cambodian Law on copyrights and related rights, by 06 (six) months to 12 (twelve) months imprisonments and/or 5,000,000 (five million) Riels to 25, 000, 000 (twenty-five million) Riels fine. Double punishment is applied in case of repeated offense.

Notwithstanding the foregoing, Web owner may file a petition to the court requiring that the infringer stops the infringement and pays compensation to Web owner in the form of damages.

Furthermore, Web owner may in the petition, also seek the return of the disputed equipment or materials, as well as the return of any benefits that were gained from the infringement.

The court may also order confiscation or destruction of equipment or materials being produced or used and it has the authority to seize all necessary evidence, such as illegal copies.

Web user hereby agrees to indemnify and hold Web owner harmless from and against any and all claims by third Party, damages, costs and expenses including, without limitation to attorney fees and costs, arising from or subject to this Agreement, regardless of the form of action or claim that arises out of or in connection to the copyrighted work.

VIII. GOVERNING LAW AND JURISDICTION

This Legal Notice shall be made under and construed by Cambodian law.

Any dispute arising out of or in connection with your access to and your use of this website, including any claims regarding its existence, validity, or performance, 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) being in force at the time of commencement of arbitration and by reference in this clause the NCAC rules are deemed to be incorporated as part of this Agreement

The language of the arbitration shall be in English.

The defaulting Party shall bear all counsel fees, arbitration fee, and any other fees arising out of the dispute resolution procedures described in this Section.

1. DISCLAIMER OF WARRANTIES

The Site is presented for information purposes only. Whilst Web owner has worked diligently to provide accurate and complete information, it can’t guarantee the accuracy.

Web owner will not be liable for any consequences that might arise from the use of the information available on the Site.

By accessing this Site, Web user acknowledges that the Site, the information and material which it contains are subject to revision, amendment without notice. Web user are bound by such changes immediately upon posting of such revision and should therefore review this Legal Notice every time Web user uses this website.

About THALIAS Co., LTD

THALIAS Co., Ltd is a private limited company incorporated under the laws of the Kingdom of Cambodia, with commercial registration number 00002158 and with registered office located at #163, Street 51, Sangkat Chaktomuk, Khan Daun Penh, Phnom Penh, Cambodia.

For further question related to the use of this Website, please contact us via:

Email:  legal@thalias.com.kh

Tel : +855 (0) 69 806 888