| Please read the following terms and conditions
("Terms") with care as these Terms govern the use of and access
to the Service and the Site. |
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| 1. Service and Site |
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(1) These Terms will apply to User
and the access to and use of the Service, the Trading Service
and the Site. |
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(2) By continuing to access to or use the Site
or any service on the Site, User represents that User has
read and agrees to be bound by the Terms in all respects.
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(3) User shall not use any device, software
or routine to |
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(a) interfere or attempt to interfere with the
Site, the Service, the Trading Service or any transaction
being conducted on the Site;
(b) derive or attempt to derive the source code; or
(c) copy, reproduce, recompile, reverse engineer, disassemble,
decompile, modify or distribute or create derivative works
from or otherwise exploit any or all part of the Site, the
Service or the Trading Service. |
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(4) The Site is owned by the Company
and based in Thailand. The Company controls the Site, the
Service and the Trading Service from its offices in Thailand.
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| 2. Links |
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(1) User agrees not to link to
or frame the Site and each individual page of the Site without
prior written consent of the Company.
(2) The Site may provide links to the web sites or services
of third parties. The inclusion of these links on the Site
does not imply the Company's endorsement of or association
with any products, services, content or material available
to User at the third party web sites.
(3) The content of any third party web sites to which User
can link from the Site are entirely out of the control of
the Company. User agrees and acknowledges that the Company
is not and shall not be held responsible for any damages arising
out of the use of services or products available through such
web sites.
(4) All copyrights and trademarks accessible via these links
are owned by the respective web site owners or their licensors.
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| 3. Information |
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(1) Materials, data, information
and reports (together "Information") on this Site are provided
on an "AS IS" basis without warranties of any kind. While
reasonable care has been taken in compiling the Information
on the Site, such information is not intended to and should
not be used or relied upon for any transaction with the Company
or any other person.
(2) The Company makes no representation that the Information
is appropriate or authorised for use in all countries or any
other jurisdictions or for any particular purpose. If User
chooses to access and use the Information, the Site, the Service
and/or the Trading Service, User does so on his/her own risk
and is responsible for compliance with all applicable laws.
(3) No information on this Site should be construed as an
offer, recommendation or solicitation for any products and
services or the use of products and services which are not
authorised by applicable laws.
(4) The Company is not responsible for, and the Company will
not monitor or screen, any information contained on the third
party websites which are linked to the Site or the products
and services offered by other third parties. |
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| 4. User ID, Password and PIN Code |
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(1) User shall be entitled to designate
his/her own User ID and Password and change them at his/her
discretion from time to time.
(2) User shall use User ID and Password only to access the
Service and shall not use User ID and Password for any purpose
not permitted by these Terms.
(3) User may not remove, cover, or alter any trade name, trademark,
logo or notice on the Service, the Trading Service and the
Site.
(4) Registered User shall use PIN Code to access to the Trading
Service and carry out transactions with the relevant counterparty
through the Trading Service. |
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| 5. Obligations of User and Registered User |
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(1) User shall be responsible for the confidentiality
and use of User ID and Password (whether by User or any person)
and for all transactions initiated through the Service. User
must use adequate security procedures to ensure the confidentiality
of User ID and Password and to prevent any unauthorised person
from accessing the Service and/or the Site. Registered User
shall be responsible for the confidentiality and use of PIN
Code (whether by Registered User or any person) and for all
transactions initiated through the Trading Service. Registered
User must use adequate security procedures to ensure the confidentiality
of PIN Code and to prevent any unauthorised person from accessing
the Trading Service.
(2) User shall comply with all applicable laws relating to
the Service, the Trading Service and any products or services
offered on the Site. User shall also comply with all reasonable
instructions given by the Company in relation to the Site,
the Service and/or the Trading Service.
(3) User shall notify the Company promptly if |
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(a) User is aware of any loss, theft
or unauthorised use of User ID, Password and/or PIN Code;
or
(b) User changes his name, e-mail address or any other address
or information he/she has provided to the Company. |
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(4) The Company shall be entitled to rely on
any orders, instructions, directions, notices or other communication
that the Company reasonably believes in good faith to be given
by Registered User or any person duly authorised to act on
Registered User's behalf. Registered User agrees to be bound
by such instructions in all respects and shall be solely responsible
for all instructions given to the Company under these terms
(5) The Company is authorised to record all communications
with User made in respect of the Service and/or the Trading
Service. All recordings may be made available to the Company's
Affiliate or advisers, the applicable authorities and may
be used as evidence in any proceedings. |
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| 6. The Company's Obligations |
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(1) The Company will use all reasonable
efforts to prevent any unauthorised access to the Service
and the Trading Service. However, the Company will not be
liable for any damage or loss whatsoever incurred if any unauthorised
person gains access to the Service and/or the Trading Service.
(2) The Company will maintain the Call Centre to answer reasonable
queries of User about using the Service, the Trading Service
and the Site. However, the Company cannot commit or guarantee
the response time of the answer of such queries. |
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| 7. Indemnity and Liability |
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(1) User shall indemnify and hold harmless the
Company from and against any and all claims, losses, liabilities,
costs and expenses (including but not limited to legal fees
on a full indemnity basis) arising or which may arise out
of breach of these Terms by User including but not limited
to any unauthorised use of User ID, Password or PIN Code.
(2) User shall be entirely responsible for transactions carried
out through the Service and/or the Trading Service.
(3) The Company will not be liable for |
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(a) any damages from communication circuit failure,
hard disk failure including loss of data resulting from delays,
non-deliveries, mis-deliveries, or service interruption caused
by User's or third party's negligence, error or omissions;
or
(b) any unavailability of the Service and/or the Trading Service
where it is caused by circumstances outside the Company's
reasonable control, for example, technical or communications
breakdown, industrial action or power failure. The Company
will notify User of these circumstances as soon as reasonably
practical. |
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| 8. Representation and Warranties |
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(1) To the extent permitted by law, the Company
excludes any warranties or representations regarding the Service,
the Trading Service, the Site and the Information.
(2) The Company make no representations and warranties of
any kind whether expressed or implied regarding the Service,
the Trading Service and the Site.
(3) The Company does not represent that the Information is
free from any computer virus and error.
(4) The level of performance and quality of the Service and
the Trading Service depends upon services which the Company
receives from various third party providers and the computer
and network used by User. The Company shall use reasonable
endeavours in its own capacity to require these third party
providers to rectify any defects in their services which may
causes problems or concerns to Users. The Company can not
guarantee that any steps it takes or the outcome of the steps
will be satisfactory to User and Registered User. |
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| 9. Confidentiality |
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(1) Subject to subclause 9 (2) below
and the Privacy Policy which shall form part of these Terms,
User and the Company will keep these Terms confidential and
will keep all other aspects of each other's business confidential
including, but not limited to, all security procedures ("Confidential
Information").
(2) The Company may disclose the Confidential Information
to any person to such extent as |
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(a) is required by applicable laws or regulatory
authorities; or
(b) is necessary for the purposes of any provision of the
Service, the Trading Service and the Site; or
(c) is disclosed to its employees, Affiliates, agents or advisors. |
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| 10. Intellectual Property |
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All rights and interests in all Intellectual
Property and all concepts, systems, and written, graphic and
other material relating to the Service, the Trading Service
and the Site, will remain the exclusive property of the Company
or its licensors at all times. User agrees not to do anything
that will violate or infringe these Intellectual Property
and will take all necessary measures to preserve and protect
these rights. |
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| 11. Termination |
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(1) Either User or the Company may terminate
these Terms at any time by giving at least 7 days notice.
(2) The Company may [immediately] end, suspend or restrict
User's access to the Service if: |
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(a) User breaches these Terms and,
if the breach can be remedied, User fails to remedy the breach
within 3 days from the day the Company gives notice to User
requiring User to do so;
(b) the Cash Account Agreement is terminated; or
(c) the Company must do so to comply with applicable laws
and regulations. |
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(3) On termination of the Service, |
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(a) User shall cease to use the
information and documents provided by the Company ("Documents")
and promptly returns or destroys at the Company's direction
all copies of the Documents.
(b) User shall delete all copies of the Documents residing
in the memory of any computer at User's site.
(c) User ID, Password and PIN Code will immediately be cancelled.
(d) User shall cease using the Site and the Service. |
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(4) Termination of these Terms shall not affect
any accrued rights and obligations of either parties prior
to such termination. |
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| 12. Notices |
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(1) The Company will inform User
of other notice under these Terms by e-mail or post to User
via the last known email or address. User will be treated
as having received such notice when the Company receives electronic
delivery receipt notification confirming delivery of its e-mail
to User or on the [second] business day after the Company
posts its notice to User.
(2) User will give any notice under these Terms by e-mail
or by post to the person and address the Company notified
to User from time to time. The Company will be treated as
having received such notice when such e-mail is acknowledged
to be received by the designated person of the Company or
on the [second] business day after User posts his/her notice
to the Company. |
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| 13. General |
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(1) These Terms may be varied or
amended or supplemented by the Company from time to time without
prior consent of User.
(2) The Company's rights and/or obligations under these Terms
may be transferred to any person. User must not transfer any
of his/her rights or obligations under these Terms without
prior written consent of the Company, which the Company will
not unreasonably refuse.
(3) If any of these Terms is illegal, invalid or unenforceable,
the remaining provisions of these Terms shall not be affected.
(4) All terms relating to the Service are contained in these
Terms and in the documents referred to in them. These Terms
will prevail over any other documents purporting to have legal
effect.
(5) These Terms shall be governed by and construed in accordance
with the laws of Thailand and legal proceedings in connection
with these Terms may be taken in any relevant Court in Thailand. |
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| 14. Interpretation |
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(1) In these Terms,
Affiliate means in relation
to the Company, any other person which, directly or indirectly,
(i) is controlled by it; or (ii) controls it; or (iii) is
under common control with it.
Cash Account Agreement
means an agreement between the Company and its customer
appointing an agent/broker for trading of securities.
Call Centre means the
Company's call centre service which User may contact during
the office hours of the Company.
Intellectual Property
means all rights of any nature, including inventions, patents,
copyrights, design rights, trade marks and trade names,
service marks, trade secrets, know-how and other intellectual
property rights (whether registered or unregistered by the
Company) and all applications for the same anywhere in the
world.
Company means Bualuang
Securities PLC including its assigns or successors.
Password means the electronic
identification number designated by User and registered
with the Company for the purpose of the access and use of
the Service and the Site.
PIN Code means the electronic
identification number of Registered User provided by the
Company for the purpose of securities trading transactions
under the Cash Account Agreement.
Registered User means
a User who has complied with such requirements as the Company
may stipulate from time to time to enable such user to access
to Trading Service and proceed with securities trading transactions
under the Cash Account Agreement.
Service means access
to the Company's server and all related systems, including
the Site, which enables User to transact with, and obtain
certain information, quotes, products and services from
the Company or third parties but excludes the Trading Service.
Site means the website
at www.bualuang.co.th or any other website that the Company
may notify to User from time to time.
Terms means the terms
and conditions set out above and updated by the Company
from time to time.
Trading Service means
the securities trading service provided by the Company to
Registered User through the Site.
User means a user who registers as a user of
the Site and has complied with all requirements as required
to enable such user to access the Services and the Site.
User ID means the electronic
personal identification code designated by User and registered
with the Company for the purpose of these Terms.
(2) Unless otherwise provided in these Terms, any reference
in these Terms to User shall be construed as a reference
to Registered User. |
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