PharmKulen — Terms of Service

PharmKulen Technologies Co., Ltd. (Cambodia Reg. No. 1000605077) and, where applicable, PharmKulen Pte. Ltd. (Singapore UEN: 202615545H) (together "PharmKulen", "we", "us", "our").

Registered office (Cambodia): #306BCD, 4th Floor, Room 6, Preah Monivong Boulevard (93), Sangkat Chaktomuk, Khan Daun Penh, Phnom Penh, Cambodia.

Contact: support@pharmkulen.com

1.1 These Terms of Service ("Terms") form a binding legal agreement between you (the "User", "you") and PharmKulen.

1.2 You accept these Terms by any of the following: (a) creating an account on any PharmKulen platform; (b) tapping "I agree", "Accept", "Continue", or any equivalent button; (c) placing an order through the Platform; or (d) continuing to use the Platform after these Terms are notified to you.

1.3 If you do not agree, you must stop using the Platform.

1.4 You confirm that you are at least eighteen (18) years old, or are using the Platform with the consent of a parent or legal guardian who has accepted these Terms on your behalf.

2.1 "Platform" means each and all of the following access points to PharmKulen's services, individually and collectively:

• the website at https://pharmkulen.com and any subdomain;
• the PharmKulen Telegram Bot (@PharmKulenBot);
• the PharmKulen Telegram Mini-App;
• the PharmKulen mobile application(s) on Android and/or iOS; and
• any future application, channel, or interface PharmKulen designates as part of the Platform.

2.2 These Terms apply equally regardless of which access point you use. Where a specific feature is available only on certain access points, that limitation will be stated in the relevant section.

3.1 PharmKulen is a technology platform that connects independent, licensed pharmacies in Cambodia ("Partner Pharmacies") with patients and consumers seeking to discover, order, and pay for pharmaceutical and related products.

3.2 PharmKulen does not, at any time:

• sell, dispense, hold inventory of, take title to, or take physical possession of any medicine or product;
• act as a pharmacy, drug retailer, prescription dispenser, healthcare provider, or medical professional;
• provide medical, pharmaceutical, diagnostic, or therapeutic advice;
• verify the identity of any prescribing physician beyond what the Partner Pharmacy is required to verify under Cambodian law; or
• guarantee the availability, suitability, quality, safety, or efficacy of any product listed on the Platform.

3.3 The Partner Pharmacy is the sole legal seller, owner, and dispenser of any medicine made available through the Platform. The contract of sale for each Order is concluded directly between you and the Partner Pharmacy. PharmKulen is not a party to that contract.

3.4 PharmKulen acts as the Partner Pharmacy's limited payment collection agent when you pay through the Platform (see Section 8).

4.1 To place an Order, you may be required to create an account. You agree to provide accurate, current, and complete information and to keep it up to date.

4.2 You are responsible for safeguarding your account credentials, one-time passwords ("OTP"), and any verification codes (including those sent via Telegram, SMS, email, or in-app). You are responsible for all activity that occurs under your account.

4.3 You must notify us promptly at support@pharmkulen.com if you suspect any unauthorised use of your account.

4.4 You may not (a) create accounts using automated means; (b) maintain more than one personal account; (c) share, sell, or transfer your account; or (d) impersonate any person or entity.

4.5 We may suspend, restrict, or close your account at our reasonable discretion in cases including but not limited to: suspected fraud, breach of these Terms, request by law enforcement, regulatory direction, or risk to the Platform or other users.

5.1 Products listed on the Platform are offered by Partner Pharmacies. PharmKulen displays product information (name, description, price, packaging, expiry, photographs, indications) as supplied by the Partner Pharmacy. We use commercially reasonable efforts to display this information accurately, but we do not warrant that listings are error-free, complete, current, or free of typographical or pricing errors.

5.2 In the event of an obvious pricing or stock error (for example, a price that is clearly wrong by an order of magnitude, or stock displayed for a product that is actually expired), PharmKulen or the Partner Pharmacy may cancel the affected Order and issue a full refund. This is without prejudice to your other rights.

5.3 All prices are shown in United States Dollars (USD) or Khmer Riel (KHR) as applicable. Where USD and KHR are both shown, the USD price is the contractual price and KHR is converted at the prevailing rate for display only.

5.4 Prices are inclusive of VAT where VAT applies under Cambodian law.

5.5 Delivery fees (where applicable) and any payment-processor pass-through fees will be displayed before you confirm an Order.

6.1 Certain medicines may only be sold under a valid prescription issued by a licensed Cambodian healthcare professional, as required by the Ministry of Health of the Kingdom of Cambodia and the Law on the Management of Pharmaceuticals.

6.2 For any prescription-required medicine, the Partner Pharmacy is solely responsible for: (a) verifying that a valid prescription exists prior to dispensing; (b) retaining a copy of that prescription for the period required by Cambodian law; and (c) refusing to dispense if the prescription is invalid, expired, or unverifiable.

6.3 You agree that the Partner Pharmacy may decline to fulfil any Order containing a prescription-required medicine without a verified prescription, and that PharmKulen may cancel such an Order without liability.

6.4 You agree not to misrepresent any prescription, identity, or medical condition to obtain a prescription medicine.

7.1 By submitting an Order, you make an offer to the Partner Pharmacy to purchase the listed products at the stated price.

7.2 The Order is accepted by the Partner Pharmacy when it is acknowledged through the merchant interface (typically within 15 minutes for delivery orders and 2 hours for pickup orders during the pharmacy's opening hours). Until that acknowledgement, no contract of sale exists between you and the Partner Pharmacy.

7.3 The Partner Pharmacy may decline an Order for legitimate reasons including, but not limited to: stock unavailability, expired/recalled product, suspected fraud, missing prescription, or operational reasons. In such cases, you will receive a full refund of any amount paid (see Section 9).

7.4 You agree to collect or accept delivery of an Order within the time window communicated through the Platform. Repeated failure to collect or accept delivery may result in account restriction (see Section 4.5).

8.1 You may pay for Orders through the payment methods made available on the Platform, currently including ABA KHQR and ABA card payments via ABA PayWay, and any other methods PharmKulen may add from time to time.

8.2 You authorise PharmKulen to receive payments on behalf of the Partner Pharmacy as the Partner Pharmacy's limited payment collection agent. Payment to PharmKulen discharges your payment obligation to the Partner Pharmacy for the relevant Order.

8.3 PharmKulen may pass through to you any payment-processor fees, card surcharges, or chargeback assessments that the payment processor imposes.

8.4 Where applicable, value-added tax ("VAT") and any other Cambodian taxes will be applied as required by the General Department of Taxation.

8.5 You are responsible for any taxes payable by you as the buyer where Cambodian law so requires.

9.1 No cash refunds. Refunds are processed through the same payment method you used for the original Order, in line with the Cambodia Law on Consumer Protection and applicable banking regulations.

9.2 Eligible refund situations include: (a) Order cancelled by the Partner Pharmacy; (b) wrong product delivered or dispensed; (c) confirmed counterfeit or expired product; (d) confirmed product defect; and (e) other situations required by Cambodian consumer protection law.

9.3 Refund requests must be submitted within thirty (30) calendar days of the Order date via the Platform's support channel or by writing to support@pharmkulen.com.

9.4 Disputes concerning the underlying sale — including quality, dispensing accuracy, fitness for purpose, side effects, or counterfeit allegations — are between you and the Partner Pharmacy. PharmKulen will assist with reasonable communications and may, in its discretion, withhold settlement to the Partner Pharmacy pending resolution.

9.5 PharmKulen may, in its sole discretion, refuse, hold, reverse, or refund any Order where fraud, abuse, or violation of these Terms is reasonably suspected.

10.1 Delivery, where available, is performed by a third-party delivery partner (currently planned via Grab Cambodia or such other partner PharmKulen may engage from time to time) ("Delivery Partner"). PharmKulen is not the carrier and does not deliver products itself.

10.2 The Delivery Partner's own terms and conditions apply to the delivery service. PharmKulen is not responsible for the acts or omissions of the Delivery Partner beyond reasonable coordination.

10.3 Risk of loss for products passes from the Partner Pharmacy to you on delivery (or, in pickup orders, on collection from the pharmacy counter).

10.4 You agree to be available to receive the delivery, or to authorise an adult representative to receive it on your behalf, at the address and time window confirmed in the Order.

11.1 The Platform does not provide medical, pharmaceutical, diagnostic, or therapeutic advice. Information shown on the Platform (including drug descriptions, indications, dosage information, and product photographs) is informational only and is not a substitute for consultation with a licensed healthcare professional.

11.2 You must consult a licensed healthcare professional before starting, stopping, or changing any medication.

11.3 In a medical emergency, call 119 (Cambodia emergency services) or proceed to the nearest hospital immediately. Do not rely on the Platform in a medical emergency.

11.4 Allergies, interactions, contraindications, and adverse reactions are your responsibility to consider, in consultation with a healthcare professional, prior to use.

12.1 You agree that you will not, and will not attempt to:

• use the Platform for any unlawful, fraudulent, or deceptive purpose;
• place Orders you do not intend to pay for or collect;
• resell any product purchased through the Platform without the Partner Pharmacy's written consent;
• use the Platform to procure medicines for any third party using false identity or false prescription;
• interfere with, disrupt, or attempt to disrupt the operation of the Platform (including by introducing malware, bots, scrapers, or denial-of-service activity);
• reverse-engineer, decompile, or attempt to extract source code from the Platform;
• scrape, harvest, or systematically extract listings, prices, or content from the Platform without our prior written consent;
• infringe any intellectual property, privacy, or other right of PharmKulen, any Partner Pharmacy, or any third party;
• harass, threaten, or abuse Partner Pharmacy staff, Delivery Partner agents, or PharmKulen staff; or
• use the Platform to procure controlled substances except under a valid prescription, or to procure banned, recalled, or phased-out substances.

12.2 Violation of clause 12.1 is a material breach of these Terms and may result in account suspension or termination, cancellation of pending Orders, withholding or reversal of refunds, and (where applicable) reporting to law enforcement.

You may not list, advertise, promote, or attempt to purchase through the Platform any of the following:

• controlled substances except strictly under a valid prescription;
• counterfeit, expired, or recalled products;
• substances banned, phased out, or otherwise prohibited under Cambodian law or by the Ministry of Health;
• products not lawfully imported into Cambodia;
• any product unrelated to legitimate pharmacy retail (including but not limited to gambling, weapons, pornography, illegal money-lending, or other goods inconsistent with a healthcare context).

14.1 If you submit any content to the Platform (including reviews, ratings, comments, photographs, or messages — "User Content"), you grant PharmKulen and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable licence to use, host, store, reproduce, modify, adapt, publish, display, and distribute that User Content for the purpose of operating, promoting, and improving the Platform.

14.2 You represent that you own all rights in your User Content, or have all necessary permissions, and that your User Content does not violate any third-party right or any law.

14.3 You will not submit User Content that is unlawful, defamatory, obscene, harassing, threatening, infringing, or otherwise objectionable. PharmKulen may remove any User Content at its sole discretion without notice.

14.4 PharmKulen does not endorse and is not responsible for User Content.

15.1 The Platform, including its software, design, layout, branding, logos, trademarks, text, graphics, illustrations, photographs, and other content (excluding User Content and Partner Pharmacy listings) is owned by PharmKulen or its licensors and is protected under Cambodian and international intellectual-property laws.

15.2 PharmKulen grants you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for its intended purpose. All other rights are reserved.

15.3 "PharmKulen", the PharmKulen logo, and related marks are trademarks of PharmKulen. You may not use them without prior written consent.

16.1 PharmKulen's collection, use, and disclosure of your personal data is governed by our Privacy Policy, and incorporated into these Terms by reference.

16.2 By using the Platform, you consent to the collection and processing of your personal data as described in the Privacy Policy.

16.3 PharmKulen takes reasonable technical and organisational measures to protect your personal data, but no system is perfectly secure and we cannot guarantee absolute security.

17.1 The Platform is provided "as is" and "as available". To the maximum extent permitted by Cambodian law, PharmKulen disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, and uninterrupted availability.

17.2 PharmKulen does not warrant that: (a) the Platform will be uninterrupted, error-free, or virus-free; (b) any listed product is fit for any particular purpose; (c) any Order will be fulfilled within a specific time; or (d) any information displayed (including dosage, indication, or pricing) is current or accurate.

17.3 You acknowledge that you use the Platform at your own risk.

18.1 To the maximum extent permitted by Cambodian law, PharmKulen's total aggregate liability to you arising out of or in connection with these Terms or your use of the Platform — whether in contract, tort (including negligence), statute, or otherwise — is limited to the greater of (a) the total amount you paid to PharmKulen in the three (3) months immediately preceding the event giving rise to the claim, or (b) USD 50 (Fifty United States Dollars).

18.2 In no event will PharmKulen be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of business, loss of goodwill, loss of data, or personal injury or death caused by use of any product, even if PharmKulen has been advised of the possibility of such damages.

18.3 Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable Cambodian law, including liability for fraud, gross negligence, or wilful misconduct.

18.4 Product-quality, dispensing, prescription, and counterfeit liability rests with the Partner Pharmacy. Personal injury or harm caused by a product is a matter between you and the Partner Pharmacy (and, where applicable, the product manufacturer).

You agree to indemnify, defend, and hold harmless PharmKulen, its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your breach of these Terms; (b) your User Content; (c) your violation of any applicable law; or (d) your infringement of any third-party right.

The Platform may integrate with or link to third-party services, including but not limited to ABA PayWay, Telegram, the Apple App Store, Google Play, and Grab Cambodia. Your use of those services is subject to their own terms and conditions. PharmKulen is not responsible for third-party services, content, or practices.

21.1 We may modify, suspend, or discontinue all or part of the Platform at any time, with or without notice. To the extent permitted by law, we will not be liable to you for any such modification, suspension, or discontinuation.

21.2 We may update these Terms from time to time. The "Last Updated" date at the top will reflect the most recent revision. Material changes will be notified to you via the Platform, by email, or by in-app notification at least seven (7) days before they take effect. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms.

21.3 If you do not accept an update, your sole remedy is to stop using the Platform.

22.1 You may stop using the Platform and close your account at any time.

22.2 We may suspend or terminate your account at our reasonable discretion, including (without limitation) for breach of these Terms, suspected fraud, regulatory direction, or risk to the Platform or other users.

22.3 Sections that by their nature should survive termination — including Sections 9 (Refunds and Disputes), 14 (User Content), 15 (Intellectual Property), 16 (Privacy), 17 (Disclaimers), 18 (Limitation of Liability), 19 (Indemnification), 24 (Governing Law and Dispute Resolution), and any provision relating to amounts owed — will survive.

23.1 Notices to you will be given through the Platform, by email to the address associated with your account, or by in-app/Telegram notification.

23.2 Notices to PharmKulen must be sent to support@pharmkulen.com or to PharmKulen Technologies Co., Ltd., #306BCD, 4th Floor, Room 6, Preah Monivong Boulevard (93), Sangkat Chaktomuk, Khan Daun Penh, Phnom Penh, Cambodia.

24.1 These Terms are governed by the laws of the Kingdom of Cambodia, without regard to conflict-of-laws principles.

24.2 Step 1 — Direct resolution. Before initiating any formal proceeding, you agree to first contact us at support@pharmkulen.com and to make good-faith efforts to resolve the dispute informally for a period of at least thirty (30) days.

24.3 Step 2 — Mediation. If the dispute is not resolved by direct discussion, the Parties agree to attempt mediation in Phnom Penh under the rules of the National Commercial Arbitration Centre of Cambodia (NCAC) for a further thirty (30) days.

24.4 Step 3 — Court. If the dispute remains unresolved after mediation, it will be submitted to the exclusive jurisdiction of the Phnom Penh Municipal Court, Kingdom of Cambodia.

24.5 Nothing in this Section prevents either Party from seeking urgent injunctive or equitable relief from a Cambodian court at any time.

25.1 Entire agreement. These Terms, together with the Privacy Policy and any policies referenced herein, constitute the entire agreement between you and PharmKulen relating to the Platform.

25.2 Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect.

25.3 No waiver. A failure to enforce any provision is not a waiver of that or any other provision.

25.4 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a corporate restructuring, merger, acquisition, or sale of assets.

25.5 Force majeure. Neither Party is liable for delay or failure to perform caused by events beyond reasonable control (acts of God, war, terrorism, pandemic, government action, internet outage, banking-system failure, or natural disaster).

25.6 Language. These Terms are issued in English. An official Khmer-language translation is made available on the Platform for accessibility. In the event of any inconsistency between the English and Khmer versions, the English version prevails, except to the extent the laws of the Kingdom of Cambodia require otherwise for consumer contracts.

25.7 Relationship. Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship between you and PharmKulen, other than the limited payment collection agency described in Section 8.