TERMS AND CONDITIONS OF USE
Terms and Conditions Agreement – Related to ( Cambodia)
This Agreement is based on you or your organization ( you is defined by an individual who is over 18 years of age when he/she/ gender defined has started to use the application or signed on to our service). Your Organization is a based on a registered or in the process of Registration or a domain or a business concept which is in progress or an non profit organization or a government agency or a commercial venture based on the laws in Cambodia or Legal International Jurisdiction.
Chapter:
1.0 Definitions
2.0 License to Use
3.0 Prohibited Conduct
4.0 Right to Terminate Accounts
5.0 How a User can Cancel/Terminate an Account
6.0 Ownership of Your Content
7.0 User Generated Content
8.0 DMCA section
9.0 Payment Details
10.0 Right to Update or Modify Terms
11.0 Disclaimer of Warranty
12.0 Disclaimer of Liability
13.0 Governing Law
14.0 Privacy Policy
- Definitions
Workzone Business /Epenh Co. Ltd.
Definition:
Work Zone Business is a brand that has various Business Apps in the Areas of HRM, Accounting, CRM, Project Management, Cyber Security, AI and IOT Cloud Solutions by E Penh Co Ltd. The Development process has taken over 10 years and will continue to evolve based on current and future Business Needs. Work Zone Business Aims to be the world market leader by providing integrated mobile, cloud and desktop solutions for Business Resources. Work Zone Business aims to leap frog and disrupt the current Business Environment by provide simple applications for various identified problems that are faced by Organizations, Stakeholders and Employees, Efficient Communication within. The use of our software and technology enables productive and lean organization to meet the business Challenges of Today.
Work Zone Business Suite:
Work Zone Business – Time Attendance Application
Work Zone Business –Employee Application
Work Zone Business HR Admin – HR Management Application
Work Zone Business Security – Organization Security
Work Zone Business – Advance HR Application
Work Zone Business ERP – Advance ERP Solution
Work Zone Business Accounting
Work Zone Business Project Management
Work Zone Business Access Controls
Work Zone Business Network, AI Cameras and Wifi AP’s
Work Zone Business Cloud Network Computers (Thin Clients)
Work Zone Business CRM
Work Zone Business HR Analytics in Concept Development Stage
Work Zone Business AI Access Controls (Research Stage)
Work Zone Business Servers and AP’s (Research Stage – Applications)
Work Zone Business Asset Soft – Asset Management App and Solution (Development Stage)
Work Zone Business – Job Portal in Beta Testing ( www.karngea4u.com)
Work Zone Business – Educational Portal in Beta Testing (seekedu.com)
Work Zone Business – Hotel Pass Scan Application.
As per the mandate set in this document and based on certain guidelines and requirements as per the below link.
https://www.dataguidance.com/notes/cambodia-data-protection-overview
Please Review attached link for further information and action.
- License to Use
You or Your organization (you is defined by an individual who is over 18 years of age when he/she/gender defined has started to use the application or signed on to our service). Your Organization is a based on a registered or in the process of Registration or a domain or a business concept which is in progress or an nonprofit organization or a government agency or a commercial venture based on the laws in Cambodia.
- Prohibited Conduct
Using the app unlawfully to solicit criminal activity, identity stealing, malice intent, sharing information that is considered pornographic, gambling and other things related to Harassing, threatening, abusing or intimidating other users. Impersonating someone else and using someone else's account. Spamming other users or other business or individual by deceit. Reverse engineering the app or cloning it. Developing third party apps that interact with the app or app data or hacking user accounts
Individual should not use this application If they are 18 years or younger on the date of usage.
- Right to Terminate Accounts:
You and/or Your Organization have the right to terminate your account at any time and your content will not be available for other user and you to see or review or change. We at E Penh respect your right to terminate your account. However, your data will be on our servers which will then be considered private. To erase you or your organization data completely may involve data deletion cost which is not free of charge but will have a cost attached to it. Data will be stored on our secure Linux Servers with the top line data security in Place.
- How a User can Cancel/Terminate an Account
A user can cancel his/ her/ gender or organization based by simply visiting our website and using our contact information. Please note user or organization will need to verify identity by providing proof of id, address and biometric as needed and may ask to verify the identification of the said organization or user.
Other Method for canceling - via email us, online chat, written mail, online form, through the user account menu and to call our office via telephone, social media or any other communication tools.
User Verification is needed.
Cancellation or Termination requires minimum 24 hours or more depending on the request made and is subject to checks of our data.
After this process User Data will then become private.
- Ownership of Your Content
You and Your Organization are the owners of your content. We are not responsible for your content and content that you provide to our applications. If you do decide to use our free versions of applications, user or organization may wave the right of ownership of information related to advertising.
- User Generated Content
User (you and your organization content is subject to random screening to see that the content falls under the mandate of the rules as per the MPT ( Ministry of Post and Telecommunication).
Modified and Content requiring copyrights and use restriction will not be hosted on our servers and subject to international law and subjected to governance as per guidelines.
We Reserve your right and our rights to remove content at yours discretion or our discretion based on user feedbacks, complaints and content.
Note that some use of the user-generated content does call for permission from the user, such as using it for promotional purposes or on social media.
An Appeal process is in place to substantiate your claim to host content which you can verify the authenticity of this content and its use. The content is related to Voice, Text, Images, Video, AI and Virtual Reality.
- DMCA section (Digital Millennium Copyright Act) – USA
Digital Millennium Copyright Act
Digital Millennium Copyright Act (DMCA), is a federal statute that addresses a number of copyright issues created by the use of new technology and the Internet including digital rights management (methods for stopping infringement), and certain rights and privileges (safe harbors) that protect Internet Service Providers. Public Law 105-304, was signed into law on October 29, 1998, by President Clinton to bring the World Intellectual Property Organization (WIPO) Copyright Treaty of 1996 into the laws of the United States. It combined four proposed bills as well as some other revisions to copyright law that were needed to fill-in gaps within U.S. law that the WIPO Copyright Treaty addressed. Some of the most important revisions in the DMCA increased protections against new methods of infringing copyrighted works, especially those through the internet. The DMCA, while recognized as making many needed changes to copyright laws, has been critiqued and increasingly so as being overprotective in different ways, including limiting the ability of consumers to use products they purchase.
The Digital Millennium Copyright Act applies only to U.S. businesses and works to minimize copyright infringement. According to the DMCA, you must respond to takedown notices of alleged copyright infringement and remove any content that users post on your website or app that they don't own the rights to.
The Similar Act is in force in Cambodia and is part of the mandate of Ministry of Post and Telecommunication and Ministry of Interior and subject to the working of Law Enforcement, Customs and Internal Security.
https://www.dataguidance.com/notes/cambodia-data-protection-overview
Please Review attached link for further information and action.
- Payment Details
Free Platform Account will have an Advert Service and will have limited use of Our Platform based on the terms and condition and is based on Life Long use. In the event of death or closure of a business or organization such information will be achieved on our servers. Please see Point No 10.
Renewal and Cancellation is base on fees payable based on discussion with our sales team. The Payment Plan is monthly, quarterly or yearly only and is subject to the terms and conditions of the offer which may change based on the approval process of the payment terms.
Rate, Charges and Fees may vary based on usage of application and time period and subject to promotions and other requirements as setup.
- Right to Update or Modify Terms
We maintain the right to update or modify the Terms and Conditions as needed. Include in this clause that by continuing to use your app after your Terms & Conditions have been changed, you as a user will be deemed to have accept our terms and condition.
Terms may be modified at any time based on situations of business and requirements of our processes of data and logic of this application and will be subject to communication with respected laws and requirements of government of Cambodia.
After modification are made, a user has agreeing to our new Terms and Condition if he continues using our app. He can discontinue using the applications at any time based on the requirements of business and the acceptance of terms and conditions.
A user must check the Terms periodically for these changes or contact our technical support as needed.
Material modifications of the terms and conditions or the updated will be in notification by email, pop-up notification and other methods as deemed fit to communicate to our clients.
- Disclaimer of Warranty
This applications and apps is provided "as is" to our clients and subject to the normal use and expectations of business and commerce in the Kingdom of Cambodia. The user content is subject to the users requirements and is not warranted by E Penh as the content is not provided by E Penh Co. Ltd. Please note E Penh is not responsible for outrages due to internet and technical issues beyond E Penh’s control and not liable is there is data and application loss or corruption. E Penh Co. Ltd will do its best to maintain the smooth running of the application 24 X 7 and will ensure data and regulatory compliance of this technology based on the overall framework of deployment and support of these factors. Subject to IOS and Android and Web based Browser user requirements including memory, cache issues, speed issues and other general requirements.
Use and application of this application is based on user risk
E Penh doesn’t guarantee that this app is free from mistakes, bugs, malware, errors or other issues that could potentially damage a user information, data, device or profile.
E Penh has every intention to make things work based on its present and future technology, digital infrastructure, servers and human resources and partners.
Here's such a clause from Bar Venture:
- Disclaimer of Liability
E Penh cannot be held liable for
Loss of user data due to various reasons such as upgrades, change of device, application errors, database corruption, application failure and other technical and operational issues which are beyond our control.
The Conduct of third parties’ partners and service providers.
Inability to access the app due to technical, logistics, user device and passwords
Copyright infringement of others users which affect application
Any other damages that may occur due to technical issues beyond E Penh Co Ltd. Control.
E Penh will do everything possible to ensure that our application runs smoothly and is accessible to all users.
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Date: 5th December 2023 (E Penh Co. Ltd. www.epenh.com)