This Mobile Application End User License Agreement (the “Agreement”) is a legal agreement between you (“End User” or “you”) and NagaWorld Limited (the “Company” or “We/Us/Our”) in relation to your use of our Mobile Application (including all related documentation, the “Application”) associated with this Agreement.

BY CLICKING THE “AGREE” BUTTON AND DOWNLOADING, INSTALLING OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

1.         THE APPLICATION

The Application permits access to and interaction with one or more of our online products and services (“Services”) or one or more of our websites (“Sites”). We reserve the right to change the nature or presentation of the Sites or Services available through the Application at any time. The Application may not be available on all mobile devices or on all mobile service carriers or providers; and may not be accessible or may have limited functionality over some mobile networks in situations such as, but not limited to, roaming.

2.         LICENSE GRANT

Subject to the terms of this Agreement, the Company grants you a limited, non-exclusive, personal, non-assignable, non-transferable, revocable right and license to download, install, and use the Application on a mobile device that you lawfully own or control (the “Device”) in accordance with this Agreement.

3.         USE

The Application will not work unless you use it properly. You are responsible for (i) understanding how to use the Application, as it may be upgraded or updated from time to time; (ii) using the Application only in accordance with all applicable instructions; and (iii) understanding how to use your mobile device. We will not be liable for any losses caused by your failure to use the Application or your mobile device properly.

4.         RESERVATION OF RIGHTS

You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. The Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

5.         LICENSE RESTRICTION 

You shall not:

(i)         Use the Application for any other purposes not expressly stated in this Agreement;

(ii)        Modify, copy, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;

(iii)       Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;

(iv)       Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;

(v)        Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or

(vi)       Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.

6.         ACCEPTABLE USE RESTRICTIONS

You agree not to use the Application or any content or information you receive through the Application in any way that would:

(i)         Infringe or misappropriate any third-party copyright, patent, trademark, trade secret, or other proprietary right, including but not limited to our rights in the Application;

(ii)        Violate any third party’s rights of privacy or publicity;

(iii)       Be fraudulent or misleading, including but not limited to impersonating another person or entity;

(iv)       Create liability for us or our affiliates or service providers or licensors;

(v)        Be defamatory, libelous, unlawfully threatening, or unlawfully harassing;

(vi)       Be perceived as illegal, offensive, or objectionable;

(vii)      Violate any law or regulation, including but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising;

(viii)     Interfere with any Service or Site or any mobile or other network connected to the Application;

(ix)       Interfere with any other person’s use of the Application; or

(x)        Gain unauthorized access via the Application to any systems or information of others.

7.         USER’s INFORMATION

(i)         You acknowledge that when you download, install, or use the Application, the Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Application.

(ii)        If you use any location-based feature of the Application, you agree that your geographic location and other personal information may be accessed and disclosed through the Application. If you wish to hide or revoke access to such information, you must stop using any location-based features of the Application.

(iii)       You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our privacy policy (“Privacy Policy”) located at [link to privacy policy on our website – to be advised by IT]. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

(iv)       If the Application permits you to post or upload content or information to a Service (“User Content”), you represent and warrant to us that you have the right to post or upload all such User Content, and that such User Content or information will not violate or cause a violation of any of clauses 6 above. You also grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content only on, through or by means of the Services, the Sites or the Application. We claim no ownership rights in User Content, and this Agreement does not restrict any rights you may have to use or exploit such User Content.

8.         USER’s OBLIGATIONS

(i)         You represent that you are the legal owner of any accounts and related information that may be accessed via the Application. You represent and agree that all information you provide in connection with your use of the Application is accurate, current, and complete, that you have the right to provide such information, and that we have the right to use such information in connection with the applicable Services. You will not misrepresent your identity or account information.

(ii)        You must maintain the confidentiality and security of your passwords or PINs for using the Application and the Services, and not to share them with others. You are solely responsible for all activity occurring when the Services are accessed through your account, if applicable, whether authorized by you or not. Any use of your login credentials shall be deemed to be your use hereunder, and any liability arising therefrom shall be your sole responsibility.

(iii)       Your use of artificial intelligence including, without limitation, “robots”, on the Application and in connection with the Services strictly forbidden. All actions taken in relation to the Services by a user must be executed personally by such user through the user interface accessible by use of the Services, and without the assistance of artificial intelligence.

9.         CONTENT AND SERVICES 

Your access to and use of the relevant Sites and Services are governed by the Site’s Terms of Use and Privacy Policy which are incorporated herein by this reference. Your access to and use of such Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Sites, and your failure to do so may restrict you from accessing or using certain of the Application’s features and functionality. Any violation of such Terms of Use or Privacy Policy will also be deemed a violation of this Agreement.

10.     GEOGRAPHIC RESTRICTIONS

The Services are based in Cambodia. [Note: Subject to IT’s comment] You acknowledge that access thereto may not be legal by certain persons or in certain countries. If you access the Services or the Application from outside Cambodia, you are responsible for compliance with local laws.

11.     UPDATES

(i)         The Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either:

a)      The Application will automatically download and install all available Updates; or

b)      You may receive notice of or be prompted to download and install available Updates.

(ii)        You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

12.     THIRD-PARTY MATERIALS

The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that the Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

13.     THIRD-PARTY BENEFIARIES 

You agree that our licensors, service providers and the owners, operators, proprietors, and merchant(s) of record of any software application store, distribution website or kiosk/business from which you may have downloaded or otherwise obtained the Application (“Application Store”) may rely on your agreements and representations in this Agreement, and such service providers and Application Store are third party beneficiaries of this Agreement with the power to enforce its provisions against you, including but not limited to the liability limitations and warranty disclaimers below with regard to any claim relating to or arising from the Application or this Agreement.

14.      TERM AND TERMINATION

(i)         The term of Agreement commences when you download or install the Application and acknowledge your acceptance and will continue in effect until terminated by you or the Company as set forth in this Section.

(ii)        You may terminate this Agreement by deleting the Application and all copies thereof from your Device

(iii)       The Company may terminate this Agreement at any time without notice if it ceases to support the Application, which the Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

(iv)       Upon termination:

a)      All rights granted to you under this Agreement will also terminate; and

b)      You must cease all use of the Application and delete all copies of the Application from your Device and account.

(v)        Termination will not limit any of Company’s rights or remedies at law or in equity.

15.     DISCLAIMER OF WARRANTIES

(i)         THE APPLICATION AND THE SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

(ii)        SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

16.      LIMITATION OF LIABILITY

(i)         TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:

a)      PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

b)      DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

(ii)        THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

17.     INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.

18.     EVENTS BEYOND OUR CONTROL 

(i)         We will not be liable and will not accept any liability for any failure to perform, or delay in performance of, any of our obligations or service under this Agreement that is caused by any act or event beyond our reasonable control, including failure of telecommunication networks.

(ii)        If an event beyond our control as stated above takes place that affects the performance of our obligations under this Agreement:

a)      Our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the said event beyond our control; and

b)      We will use our reasonable endeavors to find a solution by which our obligations under this Agreement may be performed despite the event beyond our control.

19.     SEVERABILITY

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

20.    WAIVER

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

21.     ENTIRE AGREEMENT

(i)         This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

(ii)        References to this Agreement or to any other instrument are references to this Agreement or those other instruments as amended, consolidated, supplemented, varied, novated, replaced or substituted from time to time which may be made with or without notice to you.

22.     GOVERNING LAW 

(i)         This Agreement is governed by and construed in accordance with the laws of Cambodia. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted in the courts of Cambodia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

(ii)        ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.