Khmerstay.com — Terms and Conditions

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Khmerstay.com — Terms and Conditions

Effective date: 22 August 2025

1) Acceptance of Terms

By accessing or using Khmerstay.com (the “Platform”), you agree to be bound by these Terms and our Privacy Policy and Content & Listing Rules (together, the “Policies”). If you do not agree, you must not use the Platform.

2) Who We Are

Khmerstay.com is an online advertising and listings platform that enables users to post, discover, and inquire about properties in Cambodia. Khmerstay.com does not act as a real estate agent, broker, legal representative, or insurer.

3) Eligibility & Authority

You represent and warrant that:

  • You are at least 18 years old and have legal capacity to enter into these Terms.
  • You have full authority to list, advertise, or otherwise publish information about the property (including the consent of the owner, co-owners, or any mandated agent).
  • Your use of the Platform complies with all applicable Cambodian laws and regulations, including without limitation: the Civil Code (2007), Criminal Code (2009), Land Law (2001), Law on E‑Commerce (2019), Law on Consumer Protection (2019), Law on Competition (2021), and any relevant sub‑decrees and prakas, as amended from time to time.

4) Account Registration & Security

  • You may need to create an account and provide accurate, current, and complete information.
  • You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.
  • Notify us immediately of any unauthorized use or security breach.

5) Nature of Services (Free Listings)

  • Khmerstay.com provides a free property listing and discovery service. We may, in the future, introduce optional paid features; if so, additional terms will apply.
  • We do not verify users, properties, titles, or licenses. All due diligence and verification are the responsibility of users.

6) Listings: Accuracy, Legality & Responsibility

When you create a listing, you agree that:

  • All information (price, location, size, photos, floor level, legal status, ownership/possession rights, encumbrances, availability, etc.) is true, accurate, and not misleading.
  • You will promptly update or remove listings that are inaccurate, unavailable, or otherwise non‑compliant.
  • You will not post content that infringes any third‑party rights (copyright, trademark, privacy, publicity, or other rights).
  • You will comply with applicable rules on advertising, disclosure, consumer protection, fair competition, and data privacy.
  • You will not publish false claims, bait pricing, or deceptive promotions.
  • Foreign ownership rules: You are responsible for complying with Cambodian restrictions on foreign ownership and any special rules for strata titles, land leases, nominee structures, or trust arrangements.

7) Prohibited Content & Activities

You agree not to:

  • Post unlawful, defamatory, obscene, pornographic, discriminatory, hateful, or harassing content.
  • Post counterfeit listings, duplicate spam, or listings for properties you are not authorized to advertise.
  • Misrepresent identity, qualifications, licenses, or affiliation with any agency or developer.
  • Scrape, harvest, or misuse personal data.
  • Upload malware or attempt to disrupt the Platform.
  • Circumvent our moderation, rate limits, or security features.

8) Moderation; Removal; Suspension

  • We may, at our sole discretion, refuse, remove, or demote any content or listing, or suspend/terminate accounts for violations of these Terms or the Policies.
  • We may request additional information or documents (e.g., authorization letters, proof of title, licenses) and may suspend a listing until such information is provided.

9) User Content; License to Khmerstay.com

  • You retain ownership of content you submit. By posting, you grant Khmerstay.com a worldwide, non‑exclusive, royalty‑free license to use, host, reproduce, publicly display, distribute, and create derivative works from your content for the purpose of operating, promoting, and improving the Platform.
  • You represent that you have the necessary rights to grant this license and that content does not infringe third‑party rights.

10) Intellectual Property of Khmerstay.com

  • The Platform (including logos, trademarks, UI/UX, databases, and software) is owned by or licensed to Khmerstay.com and protected by IP laws. You may not copy, reproduce, sell, scrape, or reverse‑engineer any part of the Platform except as expressly permitted by law.

11) Communications & Inquiries

  • The Platform may enable prospective tenants/buyers to contact listers. Khmerstay.com is not a party to these communications or any resulting transactions.
  • We may monitor or store communications transmitted through the Platform to enforce these Terms and improve services, in accordance with our Privacy Policy.

12) Data Protection & Privacy

  • Our collection and use of personal data are described in the Privacy Policy. By using the Platform, you consent to such processing as permitted under applicable Cambodian law.
  • You must ensure you have lawful grounds to share personal data (e.g., inquiry contact details) with us and with other users.

13) No Brokerage, No Guarantee, No Endorsement

  • Khmerstay.com is not a real estate agent or broker and does not represent any party in any transaction.
  • We do not guarantee the existence, legality, quality, safety, or suitability of any property or the accuracy of listings or user profiles.
  • Any negotiations, inspections, contracts, and payments occur solely between users. Conduct your own independent due diligence and seek professional advice where needed (e.g., legal, valuation, technical surveys).

14) Third‑Party Services & Links

The Platform may contain links to third‑party websites or embed third‑party tools (maps, messaging, payments, analytics). These are subject to the third parties’ terms and policies. Khmerstay.com is not responsible for third‑party services.

15) Notice and Takedown (IP/Content Complaints)

  • If you believe content infringes your rights or violates law, notify us at legal@khmerstay.com with: (a) your contact details; (b) a description and URL of the content; (c) proof of rights/authority; and (d) a sworn statement of accuracy.
  • We may remove or disable access to the content while we review. We may notify the lister and provide an opportunity to respond.

16) Fees & Taxes

  • Listing is currently free. We may introduce optional paid features and will update these Terms or post specific terms for those features.
  • Users are responsible for any taxes, fees, or charges arising from their transactions, advertising, or income.

17) Changes to the Platform

We may modify, suspend, or discontinue any part of the Platform at any time without notice. We are not liable for any resulting loss.

18) Disclaimers; Limitation of Liability

  • The Platform is provided on an “as is” and “as available” basis without warranties of any kind.
  • To the maximum extent permitted by Cambodian law, Khmerstay.com disclaims all warranties (express, implied, or statutory), including fitness for a particular purpose and non‑infringement.
  • To the maximum extent permitted by law, Khmerstay.com will not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages; loss of profits, business, data, or goodwill; or property‑related disputes between users.
  • In any event, our aggregate liability in connection with the Platform shall not exceed the greater of (a) USD 50 or (b) the total amount you paid to us, if any, in the 12 months preceding the event giving rise to liability.

19) Indemnification

You agree to defend, indemnify, and hold harmless Khmerstay.com, its affiliates, and their officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Platform; (b) your content or listings; (c) your violation of these Terms or applicable law; or (d) your transactions with other users.

20) Anti‑Discrimination & Fair Dealing

Users must comply with applicable anti‑discrimination, fair competition, and consumer protection rules. Discriminatory listings or behavior are not permitted and may result in removal or suspension.

21) Compliance with Real Estate‑Specific Rules

You are solely responsible for complying with all real estate and accommodation rules that may apply to your listing (e.g., licensing/registration of agencies, permits for short‑term rentals, co‑ownership rules for strata titles, homeowners’ association bylaws, zoning and building regulations, tourism and accommodation requirements, and foreign ownership/lease restrictions).

22) Termination

We may suspend or terminate your account or remove content at any time for any reason, including actual or suspected violations of these Terms or the Policies. You may delete your account at any time. Clauses that by nature should survive termination (e.g., IP, disclaimers, limitation of liability, indemnity, governing law) will survive.

23) Governing Law & Dispute Resolution

  • These Terms are governed by the laws of the Kingdom of Cambodia.
  • Any dispute that cannot be resolved amicably within 30 days shall be submitted to one of the following, at Khmerstay.com’s election:
    1. The competent courts of Phnom Penh, Cambodia; or
    2. Arbitration at the National Commercial Arbitration Centre (NCAC) in Phnom Penh under its rules. The language shall be English or Khmer. The arbitral award shall be final and binding.

24) Language

These Terms may be provided in Khmer and English. If there is any inconsistency, the English version will prevail (unless we specify otherwise on the Platform). We recommend publishing an official Khmer translation for accessibility and clarity.

25) Changes to These Terms

We may update these Terms from time to time. The “Effective date” will reflect the latest version. Continued use of the Platform after changes constitutes acceptance of the updated Terms.

26) Contact Us

For questions, complaints, or legal notices, contact:

Khmerstay.com
Email: contact@khmerstay.com
Business hours: Mon–Fri, 9:00–18:00 (Cambodia time)
Address: KhmerStay – Borey Lim Chheang Hak, Khan Dangkao, Phnom Penh

Appendix A – Content & Listing Rules (Summary)

  1. Accuracy: Provide complete and accurate details (price, size, location, title status, floor level, property type, availability). Disclose material facts (e.g., liens, encumbrances, required permits).
  2. Photos/Media: Only upload media you own or are authorized to use. Do not use watermarks or trademarks you don’t own without permission.
  3. Prohibited: Fake listings, bait‑and‑switch pricing, unlawful discrimination, adult/obscene material, personal data without consent, third‑party contact details without permission, or linking to malware/phishing.
  4. Updates: Keep availability and pricing current. Remove listings promptly when unavailable.
  5. Brokerage/Agency: If you are an agent or developer, disclose your status and any licensing/registration required by Cambodian authorities.
  6. Communications: Do not send spam or off‑platform harassment. Use the inquiry tools responsibly.
  7. Verification: We may request documents (title, authorization, ID) to verify listings.

Appendix B – Due Diligence Tips for Users (Non‑Legal Guidance)

  • Verify title/ownership (e.g., hard title, soft title, strata title) and check encumbrances.
  • Inspect the property (technical survey; utilities; building permits; management fees for condos).
  • Review contracts with a qualified Cambodian lawyer; confirm taxes, fees, and payment terms.
  • Confirm foreign ownership/lease rules and any co‑ownership bylaws.