By viewing and using MekongSMS’s websites and/or using any of MekongSMS’s services, you agree to be bound by the following Terms And Condition ("Terms") and any such revisions. We may at any time revise these Terms by updating this version. Therefore please visit this web page perdiodically to determine any changes to these terms. If you do not accept any of these Terms, please discontinue your access to mekongsms site(s) and service(s).

In your use of MekongSMS service, you agree: (a) not to post or transmit 'spam' or commercial mass broadcast, unsolicited advertising, promotional materials, or any other forms of solicitation; and (b) not to post or transmit any material that may be unlawful, defamatory, offensive, indecent or objectionable, or cause annoyance, harassment, irritation, inconvenience or anxiety to any person; (c) not to use this MekongSMS service for any fraudulent, illegal or improper purposes. Some special characters (eg %, &) may be interpreted differently by mobile phones. MekongSMS shall not be liable to you, or any third parties, for any loss or damages arising out of the use of the MekongSMS service. MekongSMS reserves its rights to take any appropriate action to deal with any misuse of the MekongSMS service.

MekongSMS's service will deliver your submitted SMS content to the mobile opertor's SMS gateway. Upon confirmation that the SMS gateway has received your request, MekongSMS will apply the corresponding charges.

While MekongSMS has put in place reliable infrastructure to ensure high delivery success to the SMS gateways, MekongSMS does not guarantee any level of delivery to the end user, nor any speed at which the end user will receive the SMS, as this will depend on how each mobile operator handles the SMS request, and the quality of the phone number list being used.

MekongSMS service supports concatenated SMS (also known as long SMS or multipart SMS). MekongSMS will charge each SMS part separatedly. For a standard plain text SMS, each part is limited to 160 characters. For an SMS containing unicode, each part will be limited to 70 characters. Please note that based on GSM standard, multipart SMS will contain header information, limiting the usable text to 153 characters per SMS part for standard plain text messages and 67 characters for unicode text.

MekongSMS reserves the right to amend credits or pricing, without prior notification, due to any mobile operator pricing changes.

MekongSMS reserves the right to discountinue service to any mobile operator due to any changes in mobile operator operations, changes in telecom regulations, or government orders.

MekongSMS takes the issue of your privacy seriously. Generally, you can visit MekongSMS’s websites without telling us who you are or revealing any information about yourself. However, there are services offered on MekongSMS’s websites you may subscribe to by providing to us your personal information as requested. Personal Information refers to all and any information relating to you obtained by us in the course of and as a result of provision of the services by us. Such Personal Information includes your use of our services, name, mailing addresses, phone number, email addresses and credit history. We may use your Personal Information for the lawful purposes, including without limitation, internal services billings planning and provisioning; assist the law enforcement, governmental or regulatory agencies; and/or complying with any regulatory requirements imposed by MPTC, research, customer benefits and retention programme to support your customer relationship with us.

Please do not send us any confidential or proprietary information via the Internet. Any information (including feedback, data, comments, suggestions, ideas or the like) that MekongSMS (or its affiliates) receives through its websites, other than your Personal Information, will be regarded as non-confidential. MekongSMS may from time to time conduct online surveys and request for information about your interest or your views about specific matters in an effort to improve its services to you. You may choose not to respond. By sending to MekongSMS non-Personal Information via MekongSMS’s websites or through any other electronic means, you grant to MekongSMS and its affiliates an unrestricted, irrevocable license to use, reproduce, display, modify, perform and distribute such non-Personal Information in any manner and for any purpose as MekongSMS (or its affiliates) shall deem fit.

Unless otherwise expressly stated, all copyrights, trademarks, trade names, logos, service marks and other intellectual property or proprietary rights in the contents (including, but not limited to, all information, text, sound, music, software, photographs, videos, graphics, data, messages and materials) on MekongSMS’s websites are the property of Angkor Data Communications Group Co., Ltd. (“MekongSMS”), its affiliates and/or third party licensors. You may view and use these contents for personal and non-commercial purposes only. These contents may not be reproduced, distributed, transmitted, published, displayed, broadcast, stored, adapted, licensed, altered, hyperlinked or otherwise used in any manner or by any means without MekongSMS’s prior written consent. You may not, without MekongSMS’s prior written consent, insert a hyperlink to MekongSMS’s websites (or any part thereof) on any other website or “mirror” or frame any content contained on MekongSMS’s websites on any other server or website.

No license or right is granted to you and your access to MekongSMS’s website(s) and/or use of MekongSMS’s online services should not be construed as granting, by implication, estoppels or otherwise, any license or right to use the trademarks, trade names, logos or service marks appearing on such websites without MekongSMS’s prior written consent. You may not, without MekongSMS’s prior written consent, use any of such trademarks, trade names, logos or service marks as a hyperlink to any MekongSMS’s website or any other website.

All contents contained in or accessed through MekongSMS’s websites and/or online services are provided on an "as is" and “as available” basis and you agree that you use them at your sole risk. We expressly disclaim all warranties of any kind, whether express or implied, including implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose and non-infringement, to the fullest extent allowed by law.

Without prejudice to the foregoing, we make no warranty as to the accuracy, reliability or quality of any content obtained through MekongSMS’s websites and/or online services or any defects therein will be corrected and that such content and access to them are error free and uninterrupted or available at all times.

All content transmitted or made available via MekongSMS’s websites and/or online services, are the sole

• Responsibility of the person from which such content originated
• MekongSMS and its affiliates will not be liable in any way for any third party content, products or services which you may access, use or acquire via MekongSMS’s websites and/or online services
• you are solely responsible for all content that you transmit or make available via MekongSMS’s websites, online services or on any website
• MekongSMS and its affiliates do not control any third party content, products or services which you may access, use or acquire through MekongSMS’s websites and/or online services. Further, MekongSMS and its affiliates do not endorse or guarantee the accuracy, reliability, integrity, legality or quality of such content, products or services
• by using MekongSMS’s websites and/or online services, you may be exposed to third party content that may be defamatory, offensive, indecent, objectionable or illegal
• MekongSMS may, at its discretion, remove or modify any content (which you transmit or make available via MekongSMS’s websites and/or online services or on any website) that may be defamatory, offensive, indecent, objectionable or illegal or may have infringed any party's intellectual property rights, without notice to you
• MekongSMS may, at its discretion, deny access to or remove any third party content, products or services that may be defamatory, offensive, indecent, objectionable or illegal or may have infringed any party's intellectual property rights, without notice to you
• Without prejudice to paragraph (vii) above, MekongSMS may, at its discretion, remove, modify, suspend or terminate any third party content, products or services which you may access, use or acquire via MekongSMS’s websites and/or online services, without notice to you, and MekongSMS and its affiliates will not be liable to you or any third party under any of paragraphs (i) to (viii) above

In addition, MekongSMS and its affiliates will not be liable in any way if you encounter any problems with the goods and services that you obtain from the advertisers or any third parties on MekongSMS’s websites or through MekongSMS’s online services. MekongSMS and its affiliates assume no liability or responsibility for the acts or defaults of such advertisers or third parties or for any non-delivery, non-performance or defects in any such goods and services.

MekongSMS’s websites may also include hyperlinks to websites which are owned or operated by third parties. Such third party websites are not under our control. MekongSMS and its affiliates cannot accept responsibility for the contents of or the consequences of accessing any such third party websites or any link contained in such websites. The hyperlinks found in MekongSMS’s websites shall not be construed as an endorsement or verification of such third party websites or the contents found therein by MekongSMS and its affiliates. You agree that your access to and/or use of such third party websites is at your sole risk and subject to these terms and conditions of access and/or use of such third party websites.

Under No Circumstances Will Mekongsms Or Any Of Its Affiliates Be Liable To You Or Any Third Party For Any Claims, Damages, Losses, Expenses, Costs Or Liabilities (Including, Without Limitation, Any Direct, Indirect, Punitive, Special, Incidental Or Consequential Damages, Loss Of Profits Or Loss Of Opportunity) Arising From Your Access And/Or Use Of Any Of Mekongsms’s Website(S) Or Online Services, Even If Mekongsms Or Any Of Its Affiliates Has Been Informed About The Possibility Of Such Damages.

By assessing MekongSMS’s websites and online services, you agree that such access and/or use, as well as these Terms shall be governed by, and construed in accordance with Cambodia laws and you agree to submit to the exclusive jurisdiction of the Cambodia courts.

Shall you have any queries regarding these Terms, please write to us at:

Angkor Data Communication Group Co., Ltd.

#95, 4th floor, AnAnA Building, Preah Norodom Blvd., Sangkat Boeung Raing, Khan Daun Penh, Phnom Penh, Cambodia

Attn: The Legal Department

Telephone Number: +855 (23) 22 66 22

Fax Number: (855) 023 221 402

cs@corp.mekongnet.com.kh