By accessing PBTS (“PBTS”) and any pages thereof by check mark in the box in front of “I agree and accept the Terms and Conditions of Use” and click Login, you, individually (the “User”) and on behalf of your company (the “Broker”), agree to be legally bound by all terms, conditions and notices stated herein.
Access to PBTS
- KKPS provides User with Username and Password or other means of identification recognized by KKPS. KKPS retains ownership thereof and User and/or Broker must return the means of identification when User access is terminated or the Broker informs KKPS that User is unauthorized to access PBTS on behalf of the Broker.
Monitoring by KKPS
- Your use of the products and services on PBTS may be monitored by Kiatnakin Phatra Securities Public Company Limited and/or its affiliates ("KKPS”), and that the resultant information may be used by KKPS for its internal business purposes or in accordance with the rules of any applicable regulatory or self-regulatory organization.
User’s Representations and Warranties
- Each time User places an order, effects a trade or uses PBTS, you shall be deemed by such act to represent and warrant and covenant to KKPS that (i) you and such order, trade, or use of PBTS will comply with Applicable Law; and (ii) you has all requisite legal authority and capacity to enter into and be bound by this Terms and Conditions and to use PBTS and enter an order and/or to effect any transaction resulting therefrom.
- User must keep all means of identification confidential and in a safe place to prevent misuse by unauthorized person. In particular, it is forbidden to save or store passwords without protection on the User’s device. The Broker assumes all risks that arise from disclosing User’s means of identification or that of persons authorized to use PBTS.
- The obligation to keep means of identification confidential applies to each individual User of PBTS. Thus, the Broker is also liable for any damages resulting from misuse of User means of identification. If there is reason to expect that third parties have acquired knowledge or come into possession of the means of identification of the User, or if it is suspected that an unauthorized party has access to PBTS, you must notified KKPS immediately and its instructions must be followed.
Disclaimer of Warranty and Limitation of Liability
- KKPS does not provide any warranty on the accuracy, completeness, validity, quality, adequacy, timeliness or content of any information on PBTS and is not obliged to investigate the authenticity or authority of Users of PBTS. The information on PBTS, provided by KKPS and our third party providers, is provided on an "as is" basis at your sole risk and without warranty or condition of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose or non-infringement of the third parties' right. KKPS makes no warranty whatsoever to you, express or implied, regarding the security of PBTS, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through PBTS.
- KKPS or any of its affiliates, directors, officers, employees, or any third party provider shall have no liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever, for the failure of any connection or communication service to provide or maintain your access to PBTS, or for any interruption or disruption of such access or any erroneous communication between KKPS and you, regardless of whether the connection or communication service is provided by KKPS or a third party service provider. KKPS or any third party provider shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the delivery of the data and services available on PBTS or for any other aspect of the performance of PBTS or for any failure or delay in the execution of any transactions through PBTS. In no event will KKPS or any third party provider be liable for any special, indirect, incidental, or consequential or punitive damages or losses which may be incurred or experienced on account of you using the data or services made available on PBTS, even if KKPS has been advised of the possibility of such damages or the circumstances giving rise to such cause may have been within the control or knowledge of KKPS or of any vendor providing software or service support. KKPS will have no responsibility to inform you of any difficulties experienced by KKPS or third parties with respect to the use of PBTS or to take any action in connection therewith.
- KKPS does not guarantee, represent or warrant that PBTS is free of malicious software, including, but not limited to, viruses, computer worms, Trojan horses, spyware or other harmful, invasive, or corrupted files (“Malicious Software”). KKPS accepts no liability for any loss, damage, claim liability, expense or costs that may result from any transmission of such Malicious Software via PBTS (including, but not limited to, files downloaded from PBTS). KKPS is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communication media, or equipment you use to access PBTS.
- Neither KKPS nor any of its third party providers shall have any responsibility to maintain the data and services made available on PBTS or to supply any corrections, updates, or releases in connection therewith. Availability of data and services are subject to change without notice.
- Orders sent through PBTS are for reference only and not directly sent to or received from the exchange. KKPS shall have the right to refuse any order or message for reception and transmission and/or processing. KKPS shall not be responsible for executing orders entered into using PBTS or for ensuring that orders are executed on the exchange.
No Solicitation or Recommendation
- The content in PBTS has been prepared for informational purposes only without regard to any particular user’s investment objectives, financial situation, or other means. Neither the information, nor any opinion contained on PBTS constitutes an offer or solicitation by KKPS or its affiliates to buy or sell any securities, derivatives and structured products, or other financial instruments or provide any investment advice or to participate in any particular trading strategy. Certain transactions, including those involving futures, options, and high-yield securities, give rise to substantial risk and are not suitable for all investors. KKPS shall have no liability for investment decisions based on the information provided on PBTS.
Use of PBTS in Other Jurisdictions
- The information provided on PBTS is not directed to, or intended for distribution to 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 any law or regulations or which would subject KKPS to any registration or licensing requirement within such jurisdiction. No determination of suitability has been made; not all risks are disclosed; private advisors should be consulted.
- The fact that KKPS has made the data and services provided on PBTS available to you constitutes neither a recommendation that you enter into a particular transaction nor a representation that any product described on PBTS is suitable or appropriate for you. Many of the products described on PBTS involve significant risks, and you should not enter into any transactions unless you have fully understood all such risks and has independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned. You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult business advisor, attorney, and tax and accounting advisors of User and/or Broker concerning any contemplated transactions. Investment in securities, derivatives and structured products involves significant risks, you should have the financial ability and willingness to accept such risks, including the risk of possible loss of your entire investment.
System Outages, Slowdowns, and Capacity Limitations/Delays in Order Routing, Executions, and Trade Reports
- As a result of high internet traffic, transmission problems, systems capacity limitations, and other problems, you may, at times, experience difficulty accessing PBTS or communicating with KKPS or transacting securities/futures transactions through the internet or other electronic and wireless services. Any computer system or other electronic device, whether, it is yours, an Internet service provider's or KKPS’s may experience unanticipated outages or slowdowns, or have capacity limitations.
- The material and contents contained on PBTS are owned by KKPS except where stated below. You may not acquire any copyright, trademark or other intellectual property rights over the material on PBTS without the KKPS's and/or other third parties’ permission.
Changes to PBTS and the Terms and Conditions of Use
- KKPS reserves the right to change or discontinue PBTS and these Terms and Conditions of Use at any time with or without notice to any users, without liability to any users or any other parties. Continued use of PBTS following any change constitutes your acceptance of the change.
Violations of Terms and Conditions of Use
- KKPS reserves the right to seek all remedies available at law in equity for violations of these Terms and Conditions of Use, including the right to terminate access and/or block access from User, Broker or a particular Internet address to PBTS.