These Terms of Service ("Terms") constitute a legally binding agreement (the "Agreement") between you ("User," "you," or "your") and Autospace Co., Ltd., a company duly incorporated and existing under the laws of the Kingdom of Cambodia, together with its subsidiaries (hereinafter referred to as "Autospace", "we", "us", or "our"). This Agreement governs your access to and use of the DG APP website(s), mobile application(s), APIs, and related technologies (collectively referred to as the "Platform"), and the various automotive services provided by Autospace or facilitated therethrough (collectively referred to as the "Services").
BY ACCESSING, REGISTERING FOR, DOWNLOADING, BROWSING, OR USING THE SERVICES IN ANY MANNER, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND UNCONDITIONALLY AGREE TO BE BOUND BY THIS AGREEMENT IN ITS ENTIRETY; AND (B) REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE AND POSSESS THE FULL LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT UNDER CAMBODIAN LAW.
This Agreement incorporates by reference all applicable Autospace policies, guidelines, and supplemental terms ("Policies"), including, but not limited to, our Privacy Policy, our Car Appraisal Fee Schedule, and our Car Appraisal Cancellation Policy. Additional Policies relevant to specific Services provided or facilitated by Autospace may be incorporated as those Services are introduced or utilized.
IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICES AND MUST IMMEDIATELY CEASE ALL SUCH ACCESS AND USE.
Autospace reserves the right, exercisable in our sole discretion, to modify or update the Platform, the Services, or this Agreement (including these Terms and any incorporated Policies) at any time. Should material changes be made to this Agreement, Autospace shall provide you with reasonable prior notice (e.g., by posting the revised Terms on the Platform, sending an email notification to the address associated with your Account, or via an in-app notification) before such changes become effective. We will indicate the date of the latest revision by updating the "Last Updated" date at the beginning of these Terms.
Your continued access or use of the Services subsequent to the effective date of any modification signifies your binding acceptance of the revised Agreement. If the revised Agreement is not acceptable to you, your sole remedy is to terminate your use of the Services and close your Autospace Account within thirty (30) days following the modification's effective date.
Capitalized terms used herein shall have the meanings ascribed below or as defined elsewhere in this Agreement:
Autospace-managed or facilitated services will be incorporated via amendments to this Agreement as they become available.
You must be at least 18 years old and possess the full legal capacity to form binding contracts under Cambodian law to use the Services. Additional eligibility requirements may apply to specific Services or for Users wishing to become contracted Service Partners (Inspectors) with Autospace, and these will be communicated accordingly by Autospace.
Access to certain Autospace Services requires registration for an Account. You agree to provide accurate, current, and complete information during the registration process with Autospace and to maintain the accuracy of such information throughout your use of the Services.
You are solely responsible for maintaining the confidentiality and security of your Autospace Account credentials (e.g., password) and for all activities conducted through your Account. You must not share your credentials with any third party.
Autospace may, in its discretion but without obligation, conduct verification checks on Users, and particularly on Service Partners (Inspectors) it contracts with (e.g., identity verification, credential validation, tools & equipment checks, background checks where lawful and appropriate for the contracted tasks). You hereby authorize Autospace to conduct such checks if you are applying to be or are acting as a Service Partner (Inspector) for Autospace. Verification by Autospace is primarily for its own operational assurance in delivering its Services and to maintain platform integrity; it does not constitute a public endorsement beyond their role as a contracted inspector performing tasks under Autospace's direction and standards. Autospace retains sole discretion regarding Account approval, or the approval, suspension, or termination of service
agreements with Service Partners (Inspectors), based on verification results or risk assessment.
You agree to immediately notify Autospace at policy@dgsuperapp.com upon suspicion or discovery of any unauthorized use of your Account or any other security breach related to the Platform.
Autospace provides and operates the technology Platform (DG APP), which it utilizes to deliver its Services, including the Autospace-managed Appraisal Service. The Platform facilitates Client requests, information submission, scheduling for physical inspections (where applicable as part of the Valuation Service), payment processing, delivery of appraisal reports by Autospace, and communication.
For the Appraisal Service offered through the Platform, Autospace is the primary service provider to the Client.
For the Indication Service, Autospace directly provides the valuation estimate to the Client through its Platform's automated tools and proprietary analytics.
For the Valuation Service, Autospace manages and is responsible for the end-to-end service delivered to the Client. As part of this service, Autospace contracts with independent Service Partners (Inspectors) (who may be individuals or business entities such as workshops) to perform the physical vehicle inspection component. These contracted Inspection Partners are required to conduct inspections according to Autospace's detailed standards, Standard Operating Procedures (SOPs), and use the Platform for submitting inspection data to Autospace. Autospace then typically utilizes this inspection data, in conjunction with its own market data, analytical tools, and Valuation expertise, to perform the final analysis and generate the official Valuation Report that is provided to the Client by Autospace.
When Autospace engages Service Partners (Inspectors) to conduct physical vehicle inspections as a component of its Valuation Service, it is expressly acknowledged and agreed that such Service Partners (Inspectors) act solely as independent contractors to
Autospace is responsible for the overall management and delivery of its Appraisal Service to the Client, including the content and quality of the final Indication or Valuation report generated and issued by Autospace. Autospace takes commercially reasonable measures to vet and contract with qualified Service Partners (Inspectors) and provides them with strict standards and SOPs for conducting physical inspections. While Autospace relies on the data provided by these contracted Inspectors for its Valuation Service, Autospace is ultimately responsible to the Client for the final appraisal product. Autospace's liability in connection with its Services is subject to the disclaimers and limitations of liability set forth in this Agreement. Autospace is also responsible for collecting service fees from Clients and for remitting agreed-upon commissions to its contracted Service Partners (Inspectors) for their satisfactory completion of assigned inspection tasks.
You are solely responsible for all activities that occur under your Autospace Account, whether or not authorized by you. You agree to: (a) create a strong password and keep it confidential; (b) restrict access to your computer and mobile device to prevent unauthorized access to your Account; (c) not share your Account credentials with any third party; and (d)
You acknowledge that Autospace is not responsible for any loss or damage arising from your failure to comply with these security obligations, except where such failure is a direct result of Autospace's gross negligence or willful misconduct as determined by a court of competent jurisdiction. Autospace reserves the right to take any action it deems necessary or reasonable to ensure the security of the Platform and your Account, including terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account.
You commit to using the Autospace Services and Platform lawfully, ethically, honestly, and respectfully, in full compliance with this Agreement, applicable Cambodian laws and regulations, and all Autospace Policies.
You shall not, directly or indirectly, nor assist any third party to:
Violate any applicable law, regulation, court order, or third-party right (including intellectual property, privacy, and contractual rights).
Submit, post, or transmit information to Autospace or on the Platform that is false, inaccurate, misleading, deceptive, fraudulent, or that impersonates any person or entity.
Infringe upon, misappropriate, or violate Autospace's or any third party's intellectual property rights.
Damage, tarnish, or otherwise harm the Autospace brand, reputation, or goodwill through unauthorized use of Autospace IP or defamatory statements.
Fail to honor contractual or financial commitments made in connection with Autospace's Services (e.g., non-payment of fees to Autospace by Clients, failure by Clients to make a Vehicle accessible for a booked inspection without valid cancellation per applicable Policies).
Circumvent or attempt to circumvent Autospace's Platform booking systems, payment processes for Autospace's services, or Autospace's fee structures (e.g., arranging for an Autospace-assigned Inspection Partner to provide a service directly to a Client to avoid Autospace's involvement, also known as "gray market transactions").
Engage in conduct that is harassing, abusive, threatening, defamatory, discriminatory (based on race, ethnicity, religion, gender, sexual orientation, age, disability, or other characteristics protected under Cambodian law), or otherwise harmful or objectionable towards any other User (including Autospace's contracted Service Partners/Inspectors) or Autospace personnel.
Misuse the Autospace Platform or Services, including but not limited to: distributing spam or unsolicited commercial communications; transmitting viruses, malware, or other harmful code; data mining, scraping, crawling, or using automated means to
access Platform data without Autospace's express prior written authorization; interfering with or disrupting the integrity or performance of the Platform or its underlying infrastructure (e.g., denial-of-service attacks, imposing an unreasonable load); attempting to gain unauthorized access to other User Accounts or non-public areas of the Platform; or reverse engineering, decompiling, or disassembling any aspect of the Platform software, except as permitted by applicable law.
Engage in any fraudulent activity in connection with Autospace's Services, including but not limited to, submitting fraudulent information for an appraisal, payment fraud, or making false claims to Autospace.
Any violation by a User of these commitments or engagement in prohibited activities may result in immediate Account suspension or termination by Autospace, cancellation of existing Bookings for Autospace's Services, assessment of penalties by Autospace as detailed in the Autospace Car Appraisal Fee Schedule, and pursuit by Autospace of all available legal remedies.
The Platform, Services, and all materials therein or transferred thereby, including, without limitation, software, algorithms, databases, images, text, graphics, illustrations, designs, icons, photographs, video clips, audio clips, logos, patents, trademarks, service marks, copyrights, trade secrets, Standard Operating Procedures (SOPs), inspection checklists, valuation methodologies, appraisal report formats, and other proprietary information and materials, and the "look and feel" of the Platform (the "Autospace Content"), and all Intellectual Property Rights (as defined in Section 10) related thereto, are the exclusive property of Autospace and its licensors (excluding User Content that you provide). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights. Autospace grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Autospace Content solely for your personal, non-commercial use of Autospace's Services in accordance with this Agreement and for no other purpose.
You retain all ownership rights in your User Content (e.g., information and photos you provide about your vehicle for an appraisal). However, by submitting, posting, uploading, publishing, displaying, or transmitting any User Content on or through the Autospace Platform in connection with the Services (e.g., providing vehicle details for an appraisal), you hereby grant to Autospace a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, sublicensable (through multiple tiers), and transferable license to use, host, store, cache, reproduce, modify, adapt, translate, create derivative works based upon (e.g., to incorporate into an appraisal report or for data aggregation), distribute, license, sell (e.g., aggregated, anonymized data insights), transfer, publicly display (e.g., if you submit a public review), publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content, in whole or in part, in any form, media, or technology now known or later developed, for any Autospace business purpose. These purposes include, but are not limited to, operating, providing, developing, analyzing, improving, promoting, and marketing the Autospace Platform and Services, and developing new services. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content you provide or you have all rights, licenses, consents, and releases that are necessary to grant to Autospace the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content, nor your submission, uploading, publishing, or otherwise making available of such User Content, nor Autospace's use of the User Content as permitted herein will infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree not to post User Content that is illegal, fraudulent, defamatory, obscene, pornographic, vulgar, offensive, discriminatory, threatening, harassing, invasive of privacy or publicity rights, hateful, or otherwise harmful or objectionable, or that infringes intellectual property rights or violates any applicable law. Autospace reserves the right, but is not obligated, to remove or disable access to any User Content that Autospace, in its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Services or community.
Autospace respects the intellectual property rights of others and expects its Users to do the same. We have adopted and implemented a Copyright Policy (available on our Platform), which is incorporated herein by reference and outlines Autospace's procedures for addressing claims of copyright infringement in compliance with applicable Cambodian law.
(Note: This section currently addresses only the Appraisal Service managed and provided by Autospace. Future amendments will incorporate terms for additional Services as they are launched.)
Provide accurate, complete, and truthful information regarding the Vehicle to be appraised when requested by Autospace or through its Platform for the purpose of Autospace providing its Appraisal Service.
If a Valuation Service is booked (which involves a physical inspection), ensure the Vehicle is accessible for inspection by Autospace's contracted Service Partner (Inspector) at the agreed-upon time and location.
Promptly pay Autospace all applicable fees for the Appraisal Service requested, as outlined in the Autospace Car Appraisal Fee Schedule and confirmed at the time of Booking with Autospace.
Adhere to all terms of the Autospace Car Appraisal Cancellation Policy.
Acknowledge that the final appraisal report (Indication or Valuation) is prepared by Autospace based on information provided by the Client, data collected by contracted Inspectors (for Valuation Service), and Autospace's proprietary analytics and market data.
Perform all assigned vehicle inspections professionally, competently, diligently, accurately, and objectively, strictly adhering to Autospace's designated Standard Operating Procedures (SOPs), checklists, and quality standards.
Utilize all required tools and equipment (as verified by Autospace for capability) ensuring they are functional and properly calibrated for accurate data collection.
Submit complete and accurate inspection data, photographs, and findings exclusively to Autospace via the Platform within the agreed-upon timeframes.
Maintain strict confidentiality of Client and Vehicle information obtained during the inspection, except as necessary for reporting data to Autospace for the purpose of Autospace completing the appraisal.
Hold and maintain all necessary professional qualifications, licenses, or certifications
required by applicable Cambodian law and Autospace standards for conducting vehicle inspections.
Adhere to all terms of their service agreement with Autospace, including aspects of Autospace's Car Appraisal Cancellation Policy that pertain to their role and responsibilities (e.g., notification requirements for unavoidable cancellations).
Providing the Platform for Clients to request Indication or Valuation Services from Autospace.
For Indication Services, Autospace generates the report using its platform analytics and Client-provided data.
For Valuation Services, Autospace:
Coordinates and assigns a contracted Service Partner (Inspector) to conduct the physical vehicle inspection according to Autospace's SOPs.
Provides such Inspection Partners with Autospace's standards, procedures (SOPs), and platform tools for conducting inspections and submitting data.
Receives and reviews the inspection data submitted by the contracted Inspector.
Performs its own market analysis, applies its valuation methodologies, and ultimately generates the final, official Valuation Report that is provided to the Client.
Facilitating communication related to the service between the Client and Autospace, and operationally between Autospace and its contracted Inspectors.
Acting as a payment collection agent from Clients for its Appraisal Services.
Processing and remitting agreed commissions to its contracted Service Partners (Inspectors) for their satisfactory completion of assigned inspection tasks, as per their agreements with Autospace.
Autospace is responsible for the content and accuracy of the final Indication or Valuation report it provides to the Client. While Autospace uses data from contracted inspectors for its Valuation Service, the final analysis and valuation are Autospace's. Reliance by the Client on any appraisal result for their subsequent actions (e.g., buying or selling a vehicle) is solely at the Client's own discretion and risk.
Client Fees: You, as a Client, acknowledge and agree to pay Autospace all applicable fees and charges for the Appraisal Services (Indication or Valuation) you book through the Platform. These fees are detailed in the current Autospace Car Appraisal Fee Schedule, which is incorporated by reference into this Agreement. All fees are due to Autospace immediately upon booking or as otherwise specified by Autospace during the booking process.
Autospace reserves the right to change its service fees as outlined in the Fee Schedule, with notice as provided in Section 1 of this Agreement.
You authorize Autospace and its designated third-party payment processors to charge your primary payment method(s) registered in your Account for all fees, charges, taxes, deposits, penalties, and other amounts owed by you to Autospace under this Agreement or for Services booked. You authorize Autospace to securely store your payment method information (or a token representing it) for processing current and future charges related to your use of Autospace's Services, in compliance with applicable payment card industry standards.
Payment processing services for fees paid by Clients to Autospace are provided by third-party payment gateways. Your use of these payment services is subject to the terms and conditions of the respective payment processor, in addition to this Agreement. Autospace is not responsible for errors, delays, or issues caused by such third-party payment processors.
Autospace will pay its contracted Service Partners (Inspectors) a commission for completed and Autospace-approved physical inspection services performed as a component of Autospace's Valuation Service. The commission amount, terms, and payment schedule are set forth in the respective service agreements between Autospace and each Service Partner (Inspector) and are generally reflected in the principles outlined in the Autospace Car Appraisal Fee Schedule. These commissions are an internal operational expense for Autospace and are not a direct charge to the Client from the Inspector.
Autospace reserves the right to pursue all legally available means to collect any amounts owed by you (as a Client) to Autospace that are not paid when due, including, but not limited to, engaging collection agencies or legal counsel. You agree to reimburse Autospace for all reasonable costs incurred by Autospace in collecting such overdue amounts, including attorneys' fees and collection agency fees, to the extent permitted by Cambodian law.
Users are solely responsible for determining and fulfilling all their applicable tax obligations (including but not limited to Value Added Tax (VAT), income tax, sales tax, or other transactional taxes) arising from their activities on the Platform or from any services received from or provided to Autospace (in the case of Service Partners/Inspectors receiving commissions). Autospace does not provide tax advice. Where required by applicable Cambodian law, Autospace may collect and remit certain taxes (e.g., VAT on its service fees charged to Clients); any such collection by Autospace will be clearly indicated during the transaction process. Service Partners (Inspectors) are responsible for taxes on the commissions they earn from Autospace.
For purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, rights in know-how, rights in confidential information, rights in Autospace's Standard Operating Procedures (SOPs), inspection checklists, valuation algorithms, report formats, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
All rights, title, and interest in and to the Platform and Autospace Content (as defined in Section 7.1, and including Autospace's proprietary appraisal methodologies and report structures, but excluding User Content you provide) are and will remain the exclusive property of Autospace and its licensors. The Platform and Autospace Content are protected by copyright, trademark, and other laws of the Kingdom of Cambodia and foreign countries. Nothing in these Terms gives you a right to use the Autospace name or any of the Autospace trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You acknowledge the license granted in Section
7.2 for your User Content. Autospace may use anonymized and aggregated data derived from User Content and your use of the Services (including data submitted by contracted Inspectors) for its business purposes, including analytics, service improvement, and development of new products, in accordance with our Privacy Policy.
The Autospace Platform may contain links to third-party websites, applications, advertisers, services, special offers, or other events or activities that are not owned or controlled by Autospace ("Third-Party Services"). Autospace does not endorse, sponsor, recommend, or assume any responsibility for any such Third-Party Services. If you access a Third-Party Service from the Autospace Platform or share your User Content on or through any Third-Party Service, you do so at your own risk, and you understand that this Agreement and Autospace's Privacy Policydo not apply to your use of such sites or services. You expressly relieve the Autospace Parties from any and all liability arising from your use of any Third-Party Service. Furthermore, your dealings with or participation in promotions of advertisers found on the Autospace Platform, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Autospace shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
THE AUTOSPACE PLATFORM AND SERVICES (INCLUDING THE APPRAISAL SERVICES MANAGED AND PROVIDED BY AUTOSPACE) ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE PLATFORM AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE CAMBODIAN LAW, THE AUTOSPACE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY (EXCEPT AS AUTOSPACE MAY EXPLICITLY STATE REGARDING ITS OWN FINAL APPRAISAL REPORTS, SUBJECT TO THE LIMITATIONS HEREIN), RELIABILITY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
AUTOSPACE PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS UNFAILINGLY, BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS-FREE BASIS, OR THAT DEFECTS IN THE PLATFORM OR SERVICES, IF ANY, WILL BE CORRECTED.
WHILE AUTOSPACE MANAGES ITS APPRAISAL SERVICE AND IS RESPONSIBLE FOR ITS FINAL APPRAISAL REPORTS, AND WHILE AUTOSPACE CONTRACTS WITH SERVICE PARTNERS (INSPECTORS) TO PERFORM PHYSICAL INSPECTIONS ACCORDING TO AUTOSPACE'S STANDARDS, AUTOSPACE PARTIES MAKE NO ABSOLUTE GUARANTEE AND EXPRESSLY DISCLAIM ALL LIABILITY (EXCEPT AS MAY BE NON-EXCLUDABLE UNDER CAMBODIAN LAW OR AS EXPLICITLY PROVIDED FOR UNDER ANY SPECIFIC SERVICE GUARANTEE AUTOSPACE MAY
OFFER SEPARATELY IN WRITING) REGARDING THE OUTCOME, UTILITY, OR ANY SUBSEQUENT FINANCIAL RESULT OF YOUR RELIANCE ON ANY APPRAISAL REPORT PROVIDED BY AUTOSPACE. THE APPRAISAL REPORT IS AN OPINION BASED ON AVAILABLE INFORMATION AND STANDARD METHODOLOGIES AT A POINT IN TIME. VEHICLE CONDITIONS AND MARKET VALUES CAN CHANGE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AUTOSPACE, ITS EMPLOYEES, OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
YOU ACKNOWLEDGE THAT SERVICE PARTNERS (INSPECTORS) PERFORMING PHYSICAL INSPECTIONS ARE INDEPENDENT CONTRACTORS TO AUTOSPACE, AND WHILE AUTOSPACE SETS STANDARDS AND REVIEWS THEIR DATA, AUTOSPACE IS NOT LIABLE FOR THE INDIVIDUAL ACTS OR OMISSIONS OF THESE INDEPENDENT CONTRACTORS BEYOND WHAT IS PROVIDED FOR IN THIS AGREEMENT OR UNDER APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE CAMBODIAN LAW, IN NO EVENT SHALL THE AUTOSPACE PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUE, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF OR INABILITY TO USE AUTOSPACE'S SERVICES, OR YOUR RELIANCE ON ANY APPRAISAL REPORT OR OTHER SERVICE PROVIDED BY AUTOSPACE, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE), EVEN IF AN AUTOSPACE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL AGGREGATE LIABILITY OF THE AUTOSPACE PARTIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF AUTOSPACE'S SERVICES (INCLUDING ANY CLAIM RELATED TO AN APPRAISAL REPORT PROVIDED BY AUTOSPACE) SHALL NOT EXCEED THE GREATER OF: (I) THE TOTAL AMOUNT OF SERVICE FEES ACTUALLY PAID BY YOU DIRECTLY TO AUTOSPACE FOR THE SPECIFIC SERVICE BOOKING GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE
TO SUCH CLAIM; OR (II) ONE HUNDRED UNITED STATES DOLLARS (USD $100), OR THE EQUIVALENT IN LOCAL CURRENCY AS PERMITTED OR REQUIRED BY CAMBODIAN LAW. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE CLAIM.
THESE LIMITATIONS OF LIABILITY AND WAIVERS ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND AUTOSPACE.
You agree to indemnify, defend (at Autospace's option and your expense), and hold harmless the Autospace Parties from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees and costs as permitted by Cambodian law) (collectively, "Claims") arising out of or in
any way related to: (a) your breach of this Agreement or the Policies incorporated herein;
This Agreement shall commence upon the date you first access or use the Autospace Platform or Services and shall remain in full force and effect until terminated by either you or Autospace in accordance with the provisions herein.
You retain the right to terminate this Agreement with Autospace at any time by permanently ceasing all use of the Platform and Services and closing your Account. Account closure may typically be initiated through the available settings within the DG APP Platform or by submitting a formal written request for account termination to Autospace Customer Support (e.g.,via policy@dgsuperapp.com or as specified on the Platform). Please note that termination by you does not relieve you of any outstanding obligations accrued prior to the effective date of termination, including the obligation to pay any outstanding fees owed to Autospace under this Agreement.
Upon the effective date of termination of this Agreement, irrespective of the reason:
All rights and licenses granted to you by Autospace under this Agreement shall immediately cease.
Your access to the Autospace Platform and Services will be revoked. Autospace may permanently deactivate or delete your Account and all related information and User Content associated with it, subject to Autospace's data retention practices detailed in our Privacy Policy and any overriding legal or regulatory obligations. You acknowledge that you may permanently lose access to your Account history and User Content upon termination.
Termination shall not extinguish any financial or contractual obligations accrued prior to the termination date. You remain fully liable for all outstanding fees, penalties, charges, or other amounts owed to Autospace under this Agreement up to the effective termination date.
To the fullest extent permitted by law, Autospace shall bear no liability to you or any third party for any alleged damages arising from the suspension or termination of your Account or access to Autospace's Services when carried out in accordance with the terms of this Agreement.
Following termination, you shall not attempt to circumvent such termination by registering a new Account with Autospace under different credentials or accessing the Services through another User's Account without obtaining Autospace's express prior written authorization.
Notwithstanding the termination or expiration of this Agreement, any provisions that by their nature are intended to survive termination shall remain in full force and effect. This includes, without limitation, provisions concerning: Section 2 (Definitions), Section 4 (Platform Role and Nature of Autospace's Services - specifically 4.2, 4.3, 4.4), Section 7 (Content - specifically 7.2 User Content license grant to Autospace), Section 9 (Fees, Payments, and Taxes - specifically regarding accrued fees owed to Autospace, collections, and tax responsibilities), Section 10 (Intellectual Property of Autospace), Section 12 (Disclaimers of Warranties), Section 13 (Limitation of Liability and Waiver), Section 14 (Indemnification), Section 16 (Governing Law and Dispute Resolution), relevant portions of Section 17 (General Provisions), and this Section 15.5 (Survival).
This Agreement and any disputes arising hereunder or in connection with Autospace's Services shall be governed by and construed in accordance with the laws of the Kingdom of Cambodia, without regard to its principles of conflict of laws.
EACH PARTY (YOU AND AUTOSPACE) AGREES THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN COURT OR (IF APPLICABLE IN THE FUTURE) ARBITRATION, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST AUTOSPACE. EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT IT MAY HAVE TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING ASSERTING CLAIMS AGAINST THE OTHER PARTY. FURTHERMORE, UNLESS BOTH YOU AND AUTOSPACE AGREE OTHERWISE IN A SIGNED WRITING, THE COURT (OR ARBITRATOR) MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AGAINST AUTOSPACE AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING AGAINST AUTOSPACE.
IF THIS SPECIFIC WAIVER OF CLASS AND REPRESENTATIVE ACTIONS IS FOUND BY A COURT OF COMPETENT JURISDICTION IN THE KINGDOM OF CAMBODIA TO BE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF AGAINST AUTOSPACE, THEN THE PARTIES AGREE THAT SUCH CLAIM OR REQUEST FOR RELIEF (AND ONLY THAT CLAIM OR REQUEST FOR RELIEF) SHALL BE SEVERED FROM ANY ARBITRATION OR OTHER PROCEEDING AND MAY BE BROUGHT IN THE COMPETENT COURTS OF PHNOM PENH ON AN INDIVIDUAL BASIS, AFTER THE INDIVIDUAL ARBITRATION (IF APPLICABLE) OF ANY REMAINING CLAIMS AGAINST AUTOSPACE IS COMPLETED. ALL OTHER DISPUTES AGAINST AUTOSPACE SHALL BE RESOLVED ON AN INDIVIDUAL BASIS IN ACCORDANCE WITH THIS SECTION.
language version shall govern and prevail in case of any conflict, discrepancy, or ambiguity between the English version and any translated version.
For questions regarding these Terms of Service or for legal notices to Autospace:
Office 73C, St. 598, Sangkat Toul Sounke, Khan Russey Keo Phnom Penh, Cambodia
Email: policy@dgsuperapp.com
Phone: +855 76 387 6543
For general customer support inquiries, please use the designated support channels available on the DG APP Platform or email info@dgsuperapp.com