Terms and Conditions

1. TERMS AND CONDITIONS
   
   Welcome to Mekong Market.asia, Cambodia's online Marketplace. These terms and conditions are intended to assist in keeping Mekong Market a safe place to trade.
   
   
   • Acceptance of terms and conditions: The terms and conditions are the terms on which Mekong Market Ltd offers you access to its services and the website. By registering as a member of Mekong Market, you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the services.
   • Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by Mekong Market periodically. Amendments will be effective immediately upon posting of the amended terms and conditions on this website. You are responsible for ensuring that you are familiar with the latest terms and conditions. Your continued use of the services represents your agreement to be bound by the terms and conditions as amended.
   • Terminology: In these terms and conditions, here are the following expressions:
     Item(s) - goods or property that may be bought or sold through the auction or classified process
     Member - a registered account of Mekong Market
     Services - one or more of the categories offered by Mekong Market Ltd , including online auctions, classifieds, international services, and real estate services
     We - reference to Mekong Market Ltd staff
     You - reference to the customer
     Website - any Mekong Market online store(s) through which the services are offered
     Listing - an item(s) on the website through which you offer, negotiate, buy, sell or advertise, whether by auction or classified
     Seller - any person placing a listing
2. SPECIFIC WARNINGS
   
   
   • The services: Mekong Market provides a venue to introduce members who want to buy and sell items. Mekong Market does not take any part in the sale of items other than by providing our website as a venue for members. If a bid is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members, including credit card information. If you use the credit card service, we simply pass on payments made by an member to the vendor. As a result, even though some of the services are being referred to as an auction, Mekong Market is not an auctioneer. Mekong Market also provides a real shop where members can use as consignment and buyers can pay cash.
   • At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. Mekong Market is not responsible or liable for any misconduct of any of its members including, without limitation, members that have registered under false pretences or defraudation. Mekong Market gives no undertakings, representations, or warranties in relation to:
     1. items sold or listed on the website
     2. ownership of any item
     3. the content, safety, description, worthiness, quality, or legality of the items that are listed on the website
     4. the accuracy or truth of listings
     5. any item listed in the All Categories will meet your requirements or expectations
     6. the ability of members to complete a transaction, including credit card transactions
   • Disclaimer: You expressly understand and agree that:
     1. Your use of the services is at your sole risk. The website and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting Clause 2.2: Mekong Market disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement.
     2. Mekong Market does not warrant that:
        a) the services provided will be uninterrupted, timely, secure, or error free,
        b) that any information provided on the website is error-free or reliable
     3. No advice or information that is obtained by you from Mekong Market or anyone else shall create any warranty by Mekong Market that is not expressly stated in the terms and conditions.
     4. Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the website does not constitute Mekong Market’s recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
     5. Mekong Market may facilitate payment for some items by credit card or by cash. Mekong Market is not involved in the transaction itself, and not responsible for any refund(s) with the seller.
     6. while Mekong Market has systems in place to reduce the risk of credit card fraud, Mekong Market is not responsible for protecting members from credit card fraud. Mekong Market’s fraud protection systems may from time to time block legitimate credit card payments. In these cases payment will need to be made by other means.
   • Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Mekong Market to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Mekong Market's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
   • Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your sale or attempted sale of an item prohibited under clause 4.2(d), or arising out of any content or item you submit, post, transmit, or make available through the Services.
   • Breach: Without limiting any other rights and remedies available to Mekong Market, Mekong Market may limit your activities on the Website, remove your bids or listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions or where Mekong Market considers it appropriate.
   • Additional rules: In addition to the terms and conditions set out in this document, the Banned and Restricted Items list, and the Privacy Policy are also part of these terms and conditions.
3. BECOMING A MEMBER
   
   
   • Becoming a Member: Becoming a member is free. You may only register as a member if you can form a legally binding contract that is enforceable against you. For example, you must be 18 years old. By registering as a member, you warrant that you can form a legally binding contract.
   • Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by Mekong Market to ensure it is kept current at all times. Mekong Market may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, at Mekong Market's discretion, you may create a business membership in addition to your personal membership.
   • Termination of membership: Mekong Market reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Mekong Market may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behavior to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled.
   • Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
     1. not to permit any other person to use your user name or membership; and
     2. not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.
   • Emails and newsletters: Mekong Market will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other Mekong Market products and services to you.
4. GENERAL RULES
   
   
   • General
     
     
     1. All listings, bids or communications made through Mekong Market shall be made in good faith.
     2. You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
     3. You may not use a robot, spider, scraper or other unauthorized automated means to access the Website or information featured on it for any purpose.
     4. You shall not list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, in your member profile.
     5. You must list auctions and classifieds in US dollars. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).
     6. You must not complete a transaction outside of the Mekong Market process or otherwise seek to avoid Mekong Market's success fees. Attempts by you to avoid fees, including through multiple memberships, premature auction withdrawal, or otherwise, may result in Mekong Market suspending or terminating your membership at the discretion of Mekong Market.
     7. Contracts for the sale of land must be in writing to be legally enforceable.
     8. You must not use the Services or the Website to promote items for sale outside the Services.
     9. You are responsible for any actions taken through your membership. Mekong Market memberships are not transferable and therefore cannot be sold, leased, lent or traded.
   • Your obligations as a seller
     
     
     1. Sellers can be located in Cambodia or in others countries. Sellers outside of Cambodia must accept to send items to Mekong Market address or to send items to our agent located in their country or in their region (if we have an agent in this country or region). Sellers should not send items directly to buyers.
     2. You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. You must list an item in one category only which must be the most appropriate category for your item.
     3. You will only place listings for items that exist and are to be sold. You will not list items that you are not legally entitled to sell or that are not in your possession. You will not sell or offer services. In the case of automobiles that are offshore or in transit to Cambodia you must be a registered motor vehicle trader and hold clear authority to sell such vehicles before being able to list them. You must also clearly indicate that such vehicles are offshore or in transit in the listing. Any land listed for sale must be in Cambodia.
     4. You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any listing by you does not breach this clause 4.2(d). You agree that Mekong Market may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.2(d) at any time.
     5. To protect your images, we will watermark with our logo any images you upload to your listings. You must ensure you hold the copyright or are otherwise licensed to use any images you add to your listings.
     6. When you list an item for auction on Mekong Market, you should do so with the intention of selling this item through the site. Therefore you should not advertise your item through another forum. If you remove a listing for an auction you will incur a non-refundable withdrawal fee, regardless of the reason.
     7. Mekong Market classifieds may be used by individuals or businesses to list specific items or jobs only and must not be used for multiple or generic item or job listings. You must not place multiple listings for a single item or job.
     8. Your listing may only contain a URL for a website that contains further information on the item you have listed. This website must not offer any items for sale, or contain contact details. You must not use Mekong Market listings to promote a business or website other than one for sale in your listing.
     9. You must not use the Services or the Website to sell items that are of a speculative nature including, but not limited to, pyramid, surf-for-free, or similar schemes.
     10. You must not manipulate prices through ghost-bidding or assuming multiple roles in a single transaction.
     11. For auctions, you must sell to the highest bidder if the reserve price is met. You must only sell to a bidder who is not the highest bidder after reasonable attempts have been made to contact the winning bidder without success.
     12. For classifieds, you may choose to sell to any buyer at your discretion.
     13. Listings are not pre-screened for content. Mekong Market reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
     14. You agree to your email address being supplied to the buyer when your auction closes.
     15. You must promptly forward the listed item to the successful buyer on completion of the transaction.
     16. You must not charge unreasonable amounts for shipping and packaging costs.
   • Your obligations as a buyer
     
     
     1. You can be located in Cambodia or in others countries.
     2. Your bids are not retractable once the auction has closed. You must only place a bid if you intend to buy the relevant item at the bid price entered. Reasonable allowances should be made for postage where applicable.
     3. If you are notified that your bid has been successful, you must complete the transaction in the manner specified. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction.
     4. You must make full and prompt payment for any item you buy.
     5. You agree to your username and the amount of your bid being publicly shown on the Mekong Market Website. You also agree to your email address being supplied to the seller when you win an auction.
     6. If your bid is successful and you do not pay for the item, you will receive a warning from Mekong Market if the seller complains about you. After 3 such complaints, Mekong Market may suspend or terminate your membership.
     7. You may not bid on an auction that has been listed by a family member, flat mate, friend or any member that is personally known to you, in order to raise the price of that auction.
5. FEES AND ACCOUNTS Mekong
   
   Market Listing Fees and Success Fees
   
   
   1. Mekong Market doesn’t charges fees to list an item on the Website; if the item sells you pay a final value fee.
   2. Mekong Market’s current fees are listed on our fees page.
   3. Mekong Market may (at our sole discretion) refund a commission or success fee charged on completed auctions if the sale is not successfully completed, provided that a member follows our defined refund process.
   4. Mekong Market reserves the right to change the fees charged for any of our Services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.
   5. All fees are in US dollars.
   6. Mekong Market reserves the right to investigate queries regarding the refund of success fees with bidders, other members, Internet Service Providers, and any other relevant party.
   7. Before listing an item, you should review Mekong Market's fees to ensure you are aware of the fees that you will incur.
   8. You must pay the fees immediately upon demand by Mekong Market.
6. GENERAL PROVISIONS
   
   
   • System Integrity: Mekong Market will use its reasonable endeavors to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Mekong Market takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Mekong Market assumes no responsibility for the corruption of any data or information held by Mekong Market.
   • Resolution of disputes:As Mekong Marketis not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, Mekong Market in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided.
   • Force Majeure: Without prejudice to clause 2.3(a), Mekong Market has no liability for any lack of performance, unavailability or failure of the Services or the Website or for any failure of Mekong Market to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Mekong Market.
   • No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
   • Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
   • Governing Law: These terms and conditions are governed by the laws of Kingdom of Cambodia. You submit to the non-exclusive jurisdiction of the Courts of Cambodia.
   • Intellectual Property Rights: Mekong Market (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website. You may not without our prior written permission, in any form or by any means:
     1. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
     2. Commercialize, copy, or on-sell any information, or items obtained from any part of this Website.
   • Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
   • Privacy: Mekong Market collects personal information about you through your use of the Services and the Website, including:

     your registration details; and information relating to your use of the Website and the content you access.

You agree that Mekong Market may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, for promoting and marketing other Mekong Market products and Services to you, and for any other use that you authorize.

We will not sell or allow third parties to access your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Mekong Market Ltd, our users, or others.