You have chosen to activate your access to the materials made available by Maybank Kim Eng Securities (Thailand) Public Company Limited ("MBKET") on the following websites and/or online media:
a) www.maybank-ke.co.th
b) www.maybank-ke.co.th/dw42
c) www.facebook.com/maybankKE
d) www.facebook.com/dw42tiger
e) Line ID :@maybankfriend
f) Line ID :@DW42;
g) www.youtube.com/dw42
h) Other online media which may be updated from time to time by MBKET
(hereinafter individually or collectively referred to as the "Online Media").
Please take a moment to read these terms and conditions contained herein carefully. By using any of the materials, information, contents, or opinions (including but not limited to data, text, graphics, audio, video, links or other items) provided on the Online Media (collectively the "Contents"), you agree that you have read and agree to all the terms and conditions herein. If you do not agree to these terms and conditions, please immediately discontinue your access to the Online Media.
The following terms and conditions apply to your access and/or use of the Contents made available by MBKET. From time to time, we may need to revise these terms and conditions herein, in which case we will post the revised terms and conditions here. If you choose to continue using the Contents after any revision to these terms and conditions, you shall be deemed to have accepted the revised terms and conditions accordingly. For the avoidance of doubt, these terms and conditions shall apply to your access and/or use of the Contents on the Online Media provided by MBKET in Thailand. By accessing and/or using any part of the Contents provided by MBKET in Thailand, you agree to be bound by the terms and conditions herein. If you choose not to accept these terms and conditions or any revisions made thereto, please immediately discontinue your access to and/or use of the Contents.
Disclaimer
The Contents made available on the Online Media are provided by MBKET on an "as is" and "as available" basis. References to any material and information contained on the Online Media may include the Contents provided by third parties.
Except as otherwise expressly stated in these terms and conditions and to the extent permitted under the applicable laws and regulations (which includes any guidelines, circulars or rules issued by relevant governing bodies), MBKET expressly disclaims liability for errors and omissions in the Contents and/or the Online Media' functions as well as delays, failure or error of access and/or transmission thereon. Nevertheless, reasonable measures will be taken by MBKET to ensure the accuracy and validity of the Contents relating to transactions and/or products of MBKET which originate exclusively from MBKET.
No Offer
The Contents provided shall not under any circumstances be considered or construed as an offer or solicitation to sell, buy, give, take, issue, allot or transfer, or as the giving of any advice in respect of shares, stocks, derivative warrants, futures, bonds, notes, interests, unit trusts, mutual funds or other securities, investments, loans, advances, credits or deposits in any jurisdiction. You shall be responsible to evaluate the quality, adequacy, completeness, currentness and usefulness of all the Contents, including but not limited to services, contents, advice, opinions and other information obtained or accessible through the Online Media. Furthermore, you should seek professional advice at all times and obtain independent verification of the Contents provided on the Online Media prior to making any investment, business or commercial decision based on any such Contents.
The Online Media and the Contents contained therein are not directed to, or intended for distribution or use by any person who is a citizen or resident of or located in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject MBKET to any registration or licensing requirement within such jurisdiction.
Links
Links from or to websites and/or online media outside the Online Media are meant for convenience only. Such linked websites and/or online media are owned and operated by third parties and as such are not under the control of MBKET. Therefore MBKET shall not be responsible and makes no warranties in respect of the contents of those websites and/or online media, the third parties named therein or their products and services. Furthermore, the links provided in the Contents and the Online Media shall not be considered an endorsement or verification or approval of such linked websites, materials, information or contents therein. Linking to any other site is at your own risk and it is advisable for you to read the privacy policy statements (if any) of any websites and/or online media which are linked to the Online Media.
Copyright
Unless otherwise indicated, the copyright and its contents, including but not limited to the text, images, graphics, sound files, animation files, video files, and their arrangement, are the property of MBKET, and are protected by applicable Thai and international copyright laws. No part or parts of it may be modified, copied, distributed, retransmitted, broadcast, displayed, performed, reproduced, published, licensed, transferred, sold or commercially dealt with in any manner without the express prior written consent of MBKET. You also may not, without MBKET's expressed prior written consent, insert a link to the Online Media or on any other website, frame or "mirror" any material contained in the Online Media on any other server. Any such unauthorized reproduction, retransmission or other copying or modification of any of the Contents contained in the Online Media may be in breach of statutory law rights which could be the subject of legal action. MBKET disclaims all liability which may arise from any unauthorized reproduction or use of the Contents of MBKET.
Trademarks
All marks, trademarks, service marks, and logos displayed contained in the Contents and on the Online Media are the property of the MBKET and/or the Maybank Group (of which MBKET is an affiliated party) and/or their respective third party proprietors as may be identified on the Online Media. Unless the prior written consent of MBKET, the Maybank Group or the relevant third party proprietor of any of the trademarks, service marks or logos appearing on the Online Media has been obtained, no license or right is granted to any party accessing the Online Media to use, download, reproduce, copy or modify such trademarks, services marks or logos. Similarly, unless the prior written consent of MBKET, the Maybank Group or the relevant proprietor has been obtained (as the case may be), no such trademark, service mark or logo may be used as a link or to mark any link to the Online Media or any other sites.
Exclusions
Except as otherwise expressly stated in these terms and conditions and to the extent permitted under laws and regulations (which includes any guidelines, circulars or rules issued by relevant governing bodies), MBKET, its directors, officers, employees, agents and partners shall in no event be liable for any loss or damages howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation any loss of profits, loss of business, loss of use, loss of goodwill, loss of savings, loss of opportunity, business interruption or other consequential, special, incidental, indirect, exemplary or punitive damages arising in connection with your access or use or the inability to access or use the Contents and/or the Online Media (or any third-party link to or from the Online Media), reliance on the Contents contained in the Online Media, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise.
Liability and Indemnity
You hereby irrevocably agree to be liable for and to indemnify and keep indemnified MBKET from all liabilities, claims, losses and expenses, including any legal fees that may be incurred by MBKET in connection with or arising from:
(1) your use or misuse of the Contents and/or the Online Media;
(2) your breach of these terms and conditions howsoever occasioned;
(3) any intellectual property right or proprietary right infringement claim made by a third party against MBKET in connection with your use of the Contents and/or the Online Media; or
(4) your fraudulent acts.
Your liability and obligation to indemnify hereinabove however shall not apply to the extent that the same arises from:
(a) technical breakdown or proven deficiency in the systems and equipment under the full control of MBKET; or
(b) a proven weakness or vulnerability in the security features and controls adopted by the MBKET.
Miscellaneous
If any provisions in this Terms and Conditions are found to be illegal or prohibited, they shall be ineffective only as to the illegal or prohibited parts of such terms and conditions. The remaining provisions shall not be affected. Any waiver or indulgence granted shall not prevent MBKET from enforcing the other parts of the terms and conditions which are unaffected by such waiver or indulgence or other rights or require MBKET to grant further indulgence. The rights and remedies provided by law are not excluded by these terms and conditions. Any rights not expressly granted herein are reserved.
Governing Law and Jurisdiction
These terms and conditions are governed by and are to be construed in accordance with the laws of Thailand. By accessing the Contents and/or the Online Media and/or using the Contents provided therein by MBKET, you hereby consent to the exclusive jurisdiction of the competent Thai courts in all disputes arising out of or relating to your access to and use of the Contents and/or the Online Media. MBKET makes no representation that the Contents provided on the Online Media are appropriate or available for use in jurisdictions other than Thailand.
