Terms and Conditions for Use of INVX Securities Company Limited’s Electronic Services

  The Applicant agrees to use INVX Securities Company Limited’s Electronic Services and to be bound by and comply with the following terms and conditions:

1. Definitions

  1.1 “Bank” means The Siam Commercial Bank Public Company Limited including any persons appointed by the Bank.

  1.2 “Company” means INVX Securities Company Limited including any persons appointed by the Company.

  1.3 “Device for Transaction Execution” means computers, mobile phones and any other devices prescribed by the Company for Transaction Execution.

  1.4 “Electronic Services” means eService including any other additional electronic services to be provided by the Company to the Applicant in the future for contact or Transaction Execution to the Company subject to conditions and means prescribed by the Company.

  1.5 “Personal Information” means personal information and/or financial information and/or information relating to investment (including information relating to assets and/or securities and/or futures and/or all other kinds of transactions of the Applicant) and/or any other information of the Applicant which is provided to the Company by the Applicant and/or which is in the Company’s database system and/or which is collected/gathered by the Company from any other persons.

  1.6 “Personal Security Code” means Username and/or Password and/or OTP-One Time Password, including any other codes in relation to the use of Electronic Services by the Applicant regardless of the name of the services and whether the code is generated by the Company or the Applicant.

  1.7 “Transaction Execution” means orders or instructions or transactions made by the Applicant through Electronic Services to authorize the Company to make any transactions (for example, transferring money between accounts, withdrawing money for securities trading payment, and securities transferring) subject to conditions and means prescribed by the Company, including any other operations pursuant to conditions and means prescribed by the Company.

2. Use and Safekeeping of Personal Security Code, Personal Information and Devices for the Use of Services

  2.1 The Applicant shall keep the Personal Security Code and Personal Information strictly confidential and not disclose these to other persons or do any acts that might cause other persons to know the Personal Security Code and/or Personal Information.

  2.2 The Applicant shall protect and keep any Device for Transaction Execution in a secure place and shall not allow any Device for Transaction Execution to be in the possession of any other persons.

  2.3 The Applicant shall specify Personal Security Code and/or change Personal Security Code pursuant to the terms, conditions and means prescribed by the Company.

  2.4 If the Applicant’s Personal Security Code is damaged, lost or stolen, the Applicant shall immediately notify the Company and request a suspension of the use of the Personal Security Code pursuant to forms and means prescribed by the Company and the Company shall promptly suspend the use of the Personal Security Code. In this regard, any transactions or use of Electronic Services through the Applicant’s Personal Security Code done before suspending those transactions and/or use of Electronic Services, and/or before seizing or suspending the Personal Security Code by the Company, will bind the Applicant in all respects.

3. The Validity of the Use of the Electronic Services or Transaction Execution Binding on the Applicant

  3.1 The Applicant acknowledges that any operation or processing of transactions through the Company’s Electronic Services pursuant to these Terms and Conditions is reliable and enforceable among the Applicant and/or the Company and/or a relevant third party. The Applicant represents and warrants that any documents and/or information received by the Company from the Applicant through such procedure is reliable, correct and true as if made in writing and is enforceable among the Applicant and/or the Company and/or a relevant third party in all respects. In this regard, the Company is not required to check the accuracy of information and/or any details in relation to the transactions for the use of Electronic Services upon each transaction.

  3.2 In all cases of contact and/or Transaction Execution and/or any acts through the Company’s Electronic Services regardless of the type of use of Electronic Services and/or any other acts to the Company through the Applicant’s Personal Security Code, it will be deemed that such act is done by the Applicant and/or on behalf of the Applicant. If such act is done through the Applicant’s Personal Security Code pursuant to these Terms and Conditions, it will be deemed that such act is accurate and valid and will bind the Applicant in all respects whether the Applicant subsequently makes orders and/or provides information in writing as evidence or not. The Applicant is bound by such act as if it has been done by the Applicant whether it has been done by the Applicant or any other persons and for whatever reason.

  3.3 The Company may require the Applicant to produce or supply to the Company any additional documents in accordance with the forms and within the period prescribed by the Company.

  3.4 The Applicant shall not withhold or cancel any information and/or any transactions after the Applicant has submitted such information and/or such transactions through the Electronic Services, unless the information and/or the transaction is not processed by the Company in the specified period and such withholding or cancellation is approved by the Company pursuant to the conditions and means specified by the Company.

  3.5 For each use of Electronic Services, the Applicant shall prepare the complete and correct relevant information pursuant to the forms and means prescribed by the Company. In this regard, the Company may specify the period and/or conditions to receive orders, transactions or any relevant information for transaction execution on that day. Such completed orders, transactions, or any relevant information received after the specified period will be executed at the specified date prescribed by the Company. In this regard, the Company is not required to check whether such orders and/or transactions and/or information is accurate and/or whether such orders and/or transactions and/or information is submitted by the Applicant or not.

  3.6 The Company may collect fees and service charges including any other expenses in relation to the use of the Electronic Services at the rates and by means prescribed by the Company.

  3.7 The Company may prescribe and/or amend these Terms and Conditions for the use of Electronic Services including fees, service charges and expenses in relation to the use of Electronic Services and the use of each type of service provided by the Company through the Company’s Electronic Services at any time as the Company considers appropriate and the Applicant will be bound by the amended Terms and Conditions for the use of Electronic Services and/or such amended fees, service charges and expenses in all respects. The Bank shall inform the Applicant in advance through the Company’s website or any channels prescribed by the Company upon such amendment.

  3.8 The Applicant is bound by and shall comply with laws, rules, regulations, notifications, and Terms and Conditions for use of Electronic Services prescribed by the Company including user guides and/or documents explaining procedures to use the Electronic Services prescribed by the Company (if any), that are in effect at present and in the future, including those to be further prescribed, added, amended or modified which will form an integral part of these Terms and Conditions. In this regard, if any losses and damages are incurred by the Company and/or third parties resulting from the Applicant’s failure to comply with the laws, rules, regulations, notifications, or Terms and Conditions for use of Electronic Services prescribed by the Company including such user guides and/or documents explaining procedures to use the Electronic Services, the Applicant will be responsible for any incurred losses and damages without any disputes.

  3.9 The Applicant acknowledges that all documents and/or evidence in relation to the Company’s Electronic Services made by the Company subject to a request of the Applicant pursuant to these Terms and Conditions in relation to the provision of Electronic Services are true and correct and bind the Applicant in all respects.

  3.10 In case of any change of the Applicant’s account number for whatever reason, these Terms and Conditions will continue to be enforced with the changed account number in all respects.

  3.11 The Applicant shall indemnify and hold harmless for all losses or damages incurred by the Company and/or any persons as a result of providing service to the Applicant or proceeding with transactions as the Applicant requests pursuant to these Terms and Conditions without the Company’s fault or in case where the Applicant uses these Electronic Services for any business which is illegal or contrary to public order or good morals.

  3.12 The Applicant acknowledges that for some types of service, the Company receives or obtains content or information from third parties and that at times the Company connects the Company’s system with third party information; therefore, the Company does not guarantee the accuracy and completeness of such content or information and the Company is not involved with and does not give any representation or warranty regarding products, services, offers, promotions and/or any benefits produced and/or provided by any third party. In this regard, the Company is not liable to the Applicant or any persons for any losses and/or damages resulting from using such contents or information and/or any other events arising from such products and/or services in any respect.

4. Access of the Electronic Services

  4.1 For online activation of Electronic Services, the Applicant shall specify the account numbers of existing securities accounts to the Company, the number of the Applicant’s identity card or passport number (in case of a foreigner), mobile number (as provided by the Applicant to the Company), e-mail (as provided by the Applicant to the Company) and any other information pursuant to the conditions and means prescribed by the Company. When the Applicant completes the process of online activation for the use of Electronic Services, this will bind the Applicant in each case as follows;

     (1) For the Applicant who does not use the securities trading service through internet trading

        The Applicant is entitled to use the Username and Password only for the use of Electronic Services. The Applicant shall not use the Username and Password for the use of securities trading service through internet trading. In order to use the securities trading service through internet trading, the Applicant must contact the Company for activating the use of the securities trading service through internet trading pursuant to the conditions and means prescribed by the Company.

     (2) For the Applicant who uses the securities trading service through internet trading

        (a) If the Applicant does not have a Username and Password for the use of securities trading service through internet trading, the Applicant may use the same Username and Password for the use of Electronic Services and the use of securities trading service through internet trading.

        (b) If the Applicant has a Username and Password for the use of the securities trading service through internet trading

           (1) If the Applicant creates a new Username and Password for Electronic Services in accordance with the forms and means prescribed by the Company, the Applicant shall use that new Username and Password only for the use of Electronic Services; or

           (2) If the Applicant specifies the existing Username and Password for the use of the securities trading service through internet trading in order to use the Electronic Services in accordance with the forms and means prescribed by the Company, the Applicant may use such Username and Password for the use of the Electronic Services and the securities trading service through internet trading only if such Password is in accordance with the Company’s security standards prescribed by the Company.

        The Applicant represents and warrants to the Company that the Applicant hereby agrees to trade securities via a broker and/or the internet network system. Meanwhile, the Applicant has read, understood and agreed to be bound and complied with all terms and conditions of the Broker and Agent Appointment Agreement, as well as the Loan for Securities Purchases Agreement (if applicable), as stated in the Agreements.

  4.2 If the Applicant uses the incorrect Personal Security Code more than the number of times specified by the Company, the Company shall suspend further use of Electronic Services. For further use of Electronic Services per the Applicant’s request, the Applicant must contact the Company pursuant to the conditions and means prescribed by the Company.

  4.3 The Applicant may use the Electronic Services for 24 hours a day and may conduct any kinds of transactions pursuant to the conditions and means prescribed by the Company.

  4.4 In using each type of Electronic Services, the Applicant shall execute an agreement for the use of the Electronic Services and/or do any acts as prescribed by the Company and shall obtain approval from the Company to be an entitled user of such type of Electronic Services. In this regard, the Applicant is bound by and shall comply with the Terms and Conditions for the use of the Electronic Services prescribed by the Company for the use of such type of Electronic Services and/or the on-screen terms and conditions for the use of the Electronic Services for each type of transaction appearing before or during conducting transactions (if any). Such agreements and such terms and conditions for the use of the Electronic Services form an integral part of these Terms and Conditions.

  4.5 The Applicant may use the Device for Transaction Execution the number of times as prescribed by the Company. However, such services must only be used through one device each time. If the service is used by more than one device at the same time, the Company’s system will allow the device entering into the service the latest to be the only device using the service.

5. Liability and Limitations of Liability

  5.1 Any actions undertaken by the Company pursuant to these Terms and Conditions for the use of Electronic Services, and/or orders and/or transactions and/or information submitted and/or notified by the Applicant to the Company, and/or requests made by the Applicant, and/or any terms and conditions of the Company for the use of Electronic Services which are currently in effect or to be further prescribed, bind the Applicant in all respects and the Company is not responsible for any losses or damages incurred to the Applicant due to any actions undertaken by the Company pursuant to these Terms and Conditions and/or orders and/or transactions and/or information provided by the Applicant, unless the Company intentionally or with gross negligence fails to comply with the orders and/or transactions and/or information received from the Applicant who correctly performs in accordance with these Terms and Conditions for the use of Electronic Services. If there are any losses or damanges incurred by third parties as a result of actions undertaken by the Company pursuant to these Terms and Conditions and orders, transactions or information provided by the Applicant, the Applicant will be responsible to the Company in such case.

  5.2 In case the Company provides the services or abstains from providing the services to the Applicant, if any of the following events occur, the Applicant agrees that the Company will not be liable to the Applicant and/or any persons in all respects:

     (1) The Applicant is involved in any type of legal proceeding.

     (2) The Company notifies the Applicant of any temporary interruption of providing services before or during conducting orders and/or transactions and/or using such services.

     (3) The Applicant fails to comply with or breaches any terms and conditions or agreement between the Applicant and the Company.

  5.3 In case of the occurrence of force majeure events or any circumstances beyond the Company’s control causing interruption of use or providing services pursuant to these Terms and Conditions for the use of Electronic Services resulting in disruption or information errors or failure to use or provide services, such as malfunction of the computer system or communication system, suspension of the use of services, energy problem, natural disaster, any third party’s act, any state agency’s act, fire, protest, strike, delayed transportation, riot, war, computer virus or harmful data, which does not result from the Company’s failure to maintain the computer system pursuant to accepted standards, the Applicant shall not bring a claim arising out of the occurrence of such events against the Company.

  5.4 In case any losses or damages are incurred by the Company resulting from the Applicant’s intentional or negligent acts, the Applicant shall immediately indemnify the Company for all losses and damages as notifed by the Company.

6. Suspension and/or Termination

  6.1 The Company may deny, temporarily suspend or end any types of the Electronic Services at any time by giving a prior notice to the Applicant. If the Company determines that it is illegal or contrary to public order or good morals to provide Electronic Services or to proceed with transactions, or the Company reasonably believes that there is any use of Electronic Services or execution of transactions using robots, or any fraud, abuse or wrongful use of Electronic Services, or there is a necessary occurrence of any event for which a prior written notice cannot be given, the Company may immediately suspend or end such Electronic Services. In this regard, the Company shall promptly notify the Applicant and the Applicant shall not claim any losses or damages from the Company in all respects.

  6.2 The Applicant may terminate or cancel the use of Electronic Services under these Terms and Conditions by notifying the Company through the Electronic Services or any other channels pursuant to conditions and means prescribed by the Company. In this regard, the Company may charge any fees, service charges or expenses in relation to the use of Electronic Services from the Applicant until such termination or cancellation takes effect.

7. Collection, Use and Disclosure of Data

  7.1 The Company may record any communications between the Applicant and the Company and/or store and/or record and/or process information relating to the Applicant and/or transactions and/or any acts in connection with the use of services of the Applicant for the benefit of enhancement and provision of the Company’s services, including for keeping record as an evidence for the use of services and transactions. The Applicant agrees to and shall not dispute the use of such record and/or information as an evidence against the Applicant under the laws.

  7.2 For the use of the Company’s services, the Company will collect, use and disclose the Applicant’s personal data and/or any other person’s personal data provided by the Applicant to the Company for the purpose of providing services in accordance with this Agreement and any other purposes as prescribed in the Company’s Privacy Notice. To understand how the Company collects, uses and discloses personal data and the data owner’s rights in accordance with the Personal Data Protection Law, the Applicant may further read such Privacy Notice as announced by the Company on the Company’s website namely www.innovestx.co.th and/or any other channels prescribed by the Company or to be further changed and notified to the Applicant by announcing on such website and/or any other channels prescribed by the Company. In addition, in the event that the Applicant has given any personal data of any other person, the Applicant shall notify such person of the details relating to the collection, use and disclosure of personal data and rights under such Privacy Notice.

  7.3 For the benefit of the Applicant, the Company may send commercial information such as product and service information, marketing information and promotion to the electronic address such as E-mail address and mobile number and the Applicant may cancel or reject the delivery of such commercial information pursuant to the channel prescribed by the Company

8. Contact Details and Notices

  8.1 In the case of any documents in connection with the use of the Electronic Services uploaded to the Company’s computer system by the Company, it will be deemed that the Company has provided and submitted or delivered such documents to the Applicant.

  8.2 The Applicant shall notify the Company pursuant to terms and conditions and means prescribed by the Company if the Applicant changes name, address, office address, telephone number, mobile number or e-mail address or any other information from those previously notified to the Company.

  8.3 Any documents or notices submitted or delivered by the Company to the Applicant in accordance with the address, and/or office address and/or e-mail address notified by the Applicant will be deemed duly received by the Applicant and it will be deemed that the Applicant has duly acknowledged the content contained therein.

9. Dealing with Error

  If the Applicant is aware of any error in using the Electronic Services, the Applicant shall promptly notify the Company by means and channels prescribed by the Company, providing at least the following information: date and time of Transaction Execution of the Applicant, including any information relating to the erroneous transaction as prescribed by the Company. In this regard, the Company and the Applicant shall cooperate in investigating and examining the facts and causes of error, and the Company shall immediately rectify the error and inform the Applicant of the result by means and channels which the Company determines appropriate such as telephone, mail, e-mail or any other means or channels prescribed by the Company.

10. Governing Law

   These Terms and Conditions are governed by and construed in accordance with the laws of the Kingdom of Thailand and the courts of Thailand have exclusive jurisdiction to adjudicate any dispute arising under these Terms and Conditions.