Terms of Service
Updated 28 January 2020
Welcome to TukOut!
Thanks for using the TukOut Platform ("Platform"). The Platform is provided by TukOut Enterprise តុកអៅ អេនធើប្រាយ ("TukOut"), located at Sereypheap Street, Phum 4, Sangkat Buon, Mittakpheap, Preah Sihanouk, 18204, Cambodia and incorporated under the laws of Cambodia.
By using our Platform, you are agreeing to these terms ("Terms of Service"). Please read them carefully.
Using our Platform
As a condition of your use of this Platform, you warrant that
- You are at least 18 years of age;
- You possess the legal authority to create a binding legal obligation;
- You will only use this Platform to make legitimate purchases for you or for another person for whom you are legally authorized to act;
- You will inform such other persons about the Terms of Service that apply to the purchases you have made on their behalf, including all rules and restrictions applicable thereto;
- All information supplied by you on this Platform is true, accurate, current and complete; and
Your TukOut Account
You may need a TukOut Account in order to use some features of our Platform.
If you have a TukOut account, you will safeguard your account information, supervise its activity and be completely responsible for any use of your account by you and anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Platform and the services we offer, at any time and for any reason, including, but not limited to, violation of these Terms of Service.
We strive to offer you the widest range of payment methods possible. Certain payment methods may incur transaction costs which you accept to bear. We recommend that you familiarise yourself with a payment method provider before using it.
We retain the right to enable and disable, at our sole discretion and without notice, the availability of payment methods on our Platform and your account.
Order Alteration Policy
The orders you submit are final and cannot be altered by neither TukOut nor merchants. We strongly recommend that you review your order during the Checkout Confirmation step to avoid mistakes.
Unless explictly mentionned otherwise on the TukOut Platform, all orders submitted on the TukOut Platform for the purchase of products and their delivery, if applicable, follow the following cancellation policy:
Pending orders, i.e orders neither allocated to a TukOut delivery staff nor confirmed by the merchant, can be cancelled by customers directly from the order details. If payment has already taken place, a full refund, including delivery fees, will apply, following our Refund Policy.
Non-pending orders, i.e orders either already allocated to a TukOut delivery staff or already confirmed by the merchant, cannot be cancelled by customers. No refund is possible.
Merchant may sometimes be unable to process orders and such orders will be cancelled. If payment has already taken place, a full refund, including delivery fees, will apply, following our Refund Policy.
TukOut may sometimes be unable to process orders and such orders will be cancelled. If payment has already taken place, a full refund, including delivery fees, will apply, following our Refund Policy.
All decisions related to the cancellation policy as determined by TukOut shall be final and binding.
Return & Replacement Policy
We strive to always provide and deliver, if applicable, all products purchased according to the order you submitted on the Platform. Many parties and external factors are involed in the completion of your orders and mistakes or Force Majeure may sometimes occur. If you believe that there is something wrong with your order, contact us as soon as possible with relevant evidence and we will do our best to make things right, according to our Return & Replacement Policy.
Wrong or spoiled products
Such products may either be replaced as soon as possible or refunded according to our Refund Policy, provided that the wrong or spoiled products are returned to us. Please note that replacing products may not always be possible as it will depend when you contacts us, merchant hours, its stock and availibility, and the availibility of our delivery and office staff.
Such products may either be supplied as soon as possible or refunded according to our Refund Policy. Please note that supplying missing products may not always be possible as it will depend when you contacts us, merchant hours, its stock and availibility, and the availibility of our delivery and office staff.
If all products of your order are returned and are to be refunded, the delivery fees will also be refunded.
All decisions related to the Return & Replacement policy as determined by TukOut shall be final and binding.
Full or partial refunds may be issued as the result of either the Cancellation Policy or the Return & Replacement Policy. Such refunds will be issued according to the Payment Method you used when submitting the refunded order. If several Refund Methods are possible, you may choose at most one Refund Method.
|Payment Method||Refund Method||Maximum Refund Processing Time|
|Cash On Delivery||TukOut Credit||within 7 days of the customer contacting TukOut||ABA Bank Transfer||within 7 days of the customer contacting TukOut|
|Pi Pay||TukOut Credit||within 7 days of the customer contacting TukOut||ABA Bank Transfer||within 7 days of the customer contacting TukOut|
You may use TukOut Credit as Payment Method for a subsequent purchase
- only with the same TukOut account - TukOut Credit is non-transferrable;
- by selecting "Cash On Delivery" as Payment Method; and
- after getting the subsequent purchasee pre-approved by first contacting TukOut;
TukOut Credit cannot be exchanged for cash.
Intellectual Property Rights & Inappropriate Content
Using our Platform does not give you ownership of any intellectual property rights in our Platform or the content you access. You may not use content from our Platform unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Our Platform displays some content that is not TukOut's. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law.
If you think somebody is violating your copyrights or you would like to report inappropriate content, contact us at the earliest.
Modifying and Terminating our Platform
We are constantly changing and improving our Platform so we may add or remove features. You can stop using our Platform at any time, although we’ll be sorry to see you go. TukOut may also stop providing the Platform to you, or add or create new limits to our Platform at any time.
Our Warranties and Disclaimers
We provide our Platform using a commercially reasonable level of skill and care and we hope that you will enjoy using it. But there are certain things that we don’t promise about our Platform.
Other than as expressly set out in these terms or additional terms, neither TukOut nor its suppliers or distributors make any specific promises about the Platform. For example, we don’t make any commitments about the content within the Platform, the specific functions of the Platform, or their reliability, availability, or ability to meet your needs. We provide the Platform “as is”.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
Liability for our Platform
When permitted by law, TukOut, and TukOut suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of TukOut, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Platform (or, if we choose, to supplying you the paid products again).
In all cases, TukOut, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
We recognize that in some countries, you might have legal rights as a consumer. If you are using the Platform for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.
Business uses of our Platform
If you are using our Platform on behalf of a business, that business accepts these terms. It will hold harmless and indemnify TukOut and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Platform or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to the Platform to, for example, reflect changes to the law or changes to our Platform. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new features on the Platform or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms of our Platform, you should discontinue your use of our Platform.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between TukOut and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
For information about how to contact TukOut, please visit our contact page.