The website www.investree.co.th (Investree) is operated by Investree (Thailand). Ltd., a company incorporated in Thailand, whose registered office and principal place of business is at 12th Floor, Room B, Lake Ratchada Office Complex, 195/13 Ratchadapisek Road, Klongtoey District, Bangkok 10110 (Investree), (we, us, our), and these terms and conditions of use (Terms) apply to you as a user of the Site and Investree (you, your), including the products, services, tools, and information made available on the Site.
Please read these Terms carefully before using this Site. By using this Site in any capacity, you agree that: (i) you have read and familiarized yourself with these Terms; (ii) you understand these Terms; and (iii) you agree to be bound by these Terms when using the Site. If you do not agree to these Terms, you should immediately stop using this Site.
We reserve the right to modify or amend these Terms, the Site or any content on the Site from time to time, including for security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of the Site. You are advised to check these Terms periodically to ensure that you are aware of and are complying with the current version. Changes are binding on users of the Site and will take effect immediately from posting of the revised documentation on the Site. You agree to be bound by such variation and your continued use of this Site shall constitute your acceptance of such variation.
We will indicate on the Site that the Terms have changed. You accept that by doing so, we have provided you with sufficient notice of such change.
We encourage you to seek professional advice regarding any tax and legal requirements with which you must comply in relation to you being an Investor or an issuer on Investree.
Disclaimer and risk warning
- The Site is a marketplace that allows you to invest directly in and finance directly from third parties. As a marketplace, we do not own or sell the companies or investment opportunities which are displayed on the Site. When you agree to receive financing from or invest via the Site you will be entering into a contract directly with that third party and not with us. Any arrangement made between you and any third party is at your sole risk and responsibility.
- You acknowledge and agree that no content published on the Site constitutes a recommendation that any particular investment, portfolio of investments, transaction, or investment strategy is suitable or advisable for you or any other specific person. You further understand that neither we nor any of the information providers, their affiliates nor any third parties will advise you personally concerning the nature, potential, advisability, value or suitability of any particular investment, portfolio of investments, transaction, investment strategy, or other matters.
- The content and material available on the Site is for informational purposes only and is not intended to address your particular requirements. In particular, the content and material available on the Site does not constitute any form of advice or recommendation by us, should not be regarded as an offer, solicitation, invitation or recommendation to buy or sell investments, securities or any other financial services and is not intended to be relied upon by you in making (or refraining from making) any specific investment or other decisions. We recommend that you seek independent advice from a financial advisor before making any such decision.
- The value of investments and the income derived from them can fluctuate, and you may not necessarily recover the amount you invested. Past performance of a company or an investment is not necessarily a guide to its future performance. It may be difficult for you to sell or value certain investments or to obtain reliable information about their value or the extent of the risks to which they are exposed.
- You acknowledge and agree that prices, descriptions and other financial data made available on the Site is compiled from third party sources believed to be reliable, and where possible such data is verified by us as far as is commercially possible. Notwithstanding this, you acknowledge and agree that the calculations, profiles and data available on the Site are made using such third party data, and that neither such data nor such calculations are guaranteed by these sources, by us, nor by the information providers or any other person or entity, and may not be complete or accurate.
- You acknowledge and agree that rates advertised by us on the Site are indicative only and we do not guarantee that the rates advertised will be available to you.
- Nothing included in the Site constitutes an offer or solicitation to sell investments and related services to anyone in any jurisdiction in which such offer, solicitation or distribution would be unlawful.
- From time to time, reference may be made on our Site to prior investments or data we have published. These references may be selective or, may be partial. As markets change continuously, previously published information and data may not be current and should not be relied upon.
Disclaimer of warranties
- The Site is provided “as is,” without any express or implied warranties of any kind. We and our affiliates, agents, and licensors cannot and do not warrant the accuracy, reliability, quality or completeness of the information provided on the Site nor that the services provided via the Site will be timely, non-infringing, of merchantable quality or fit for a particular purpose, and we hereby disclaim any and all such express or implied warranties, except those that cannot be lawfully excluded.
- Although we make every effort to ensure that the services offered on the Site are available consistently, the nature of the Internet means that we cannot guarantee the Site’s availability. We do not warrant that the provision of the Website or any part of it will be available, uninterrupted or error free, that defects in the Site will be corrected, or that the Site will be free of viruses or other harmful components. We will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever (including without limitation any financial losses) which you may incur as a result of using the Site, or as a result of the Site or any part of it being unavailable at any time for whatever reason.
- You are solely responsible for obtaining telecommunications access to the Site and for any fees (such as internet service provider or airtime charges) relating to such access. Similarly, you are solely responsible for all equipment necessary for you to access this Site and for implementing and maintaining antivirus software on your computer.
- Information transmitted via the Site will pass over public telecommunications networks. We accept no liability if communications sent via the Site are intercepted by third parties or incorrectly delivered or not delivered.
Conflicts of interest
You acknowledge and agree that we, one of our affiliated companies, officers, employees or some other person connected with us may have an interest, relationship or arrangement that is material in relation to an investment or transaction you enter into via the Site and which could give rise to a conflict of interest. You agree that we shall not be required to disclose such conflict of interest to you and that there will be no obligation for us to account to you for any such interest, relationship or arrangement, unless required by the applicable law. The services provided via the Site are unbiased and provided independently and with no regard to any such interest, relationship, or arrangement.
Means of access
- The Site is generally intended to be viewed by a conventional web browser with a screen resolution of 1024 by 768 pixels or greater. Although you may use other means to access the Site, be aware that the Site may not appear accurately through other access methods.
- You must not access the Site through devices or services that are designed to provide high-speed, automated, repeated access.
- Certain parts of the Site are protected by passwords or require a login. You must not obtain or attempt to obtain unauthorized access to such parts of the Site, or to any other protected materials or information, through any means not intentionally made available by us for your specific use.
Eligibility and Registration
- In order to access the Site, you must be a minimum of twenty (20) years old (measured according to the Gregorian calendar) and have full legal capacity. You warrant, represent, and undertake that you possess the legal right and ability to access the Site in accordance with these Terms.
- In order to access our services and certain restricted parts of the Site you are required to register as either an Investor or Issuer. Please note that an application to register as both an Investor and Issuer may be rejected.
- In order to become an Investor or Issuer you will be required to follow an initial two step sign-up process. Firstly, you will be required to submit some basic details about yourself (including your name and email address) and shall be prompted to choose a unique username and password, and/or may be asked to provide answers to certain security questions. These are the methods used by us to identify you and it is required that you always keep your unique username and password secure.
- Once you have submitted this information you will receive an activation code. This activation code may be used to access the second step of the registration process. You will be required at this point to submit detailed information about either yourself or the Issuer you represent, as applicable. We will also require you to provide proof of identity and proof of your current address, (or that of the relevant business’ directors, partners, or representatives as appropriate) in order to comply with our anti-money laundering obligations. Applications to become Issuer and/or Investor on Investree will be subject to an approval process and may be accepted or rejected by Investree in its sole discretion.
- The information you provide about yourself during the registration process must be accurate, current and complete.
Your Log in Details
- Each time you log in to Investree you will need to enter your email address and password and you may be required to answer one or more security questions. Your username and password are unique to you and are not transferable.
You are responsible for all information and activity on the Site by anyone using your
username and password. Accordingly, you must take steps to protect the confidentiality
of your username and password and you must notify us immediately if you become aware of
any disclosure, loss, theft or unauthorized use of the same. Notwithstanding the above,
• may not transfer or resell your username or password toany third party; and,
• agree to notify us at [email protected] if you become aware of any possible unauthorized use(s) of your username or password or any possible breach of security, including loss, theft, or unauthorized disclosure of your username or password.
- If you authorize an employee, sub-contractor or agent to use your login details you will be responsible for their activity on the Site. We reserve the right not to act on your instructions where we suspect that the person logged into your Investree account is not you or we suspect illegal or fraudulent activity or unauthorized use.
Links to and from the Site
- You may, through hypertext or other computer links, gain access from the Site to websites operated by persons other than us. Such hyperlinks are provided for your reference and convenience only and are the exclusive responsibility of such website’s owners or operators. You acknowledge and agree that we are not responsible for the content or operation of such websites.
- A link from this Site to another website does not mean that we endorse or approve the content on that website or the operator or operations of that website. You are solely responsible for determining the extent to which you may use or rely upon any content at any other websites which you access from this Site. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
- Our Site must not be framed on any other site, nor may you create a link to any part of our Site. We reserve the right to withdraw linking permission without notice.
- We assume no responsibility for the use of, or inability to use, any third party software or other materials on the Site and shall have no liability whatsoever to any person or entity for their use of, or inability to use, any such third party software or materials.
Limitation of Liability and Indemnity
- You use the Site entirely at your own risk. Neither we nor any of our affiliates, agents, officers, employees, suppliers, or licensors (Investree Parties) will be liable to you or anyone else for any:
- Our total liability to you in connection with these Terms, and any other terms you may subscribe to in connection with your use of Investree, shall not exceed THB 90,000.
- All exclusion and limitations of liability set out in these Terms shall apply to the fullest extent permissible under the applicable law.
- You shall indemnify us in full in respect of any liability incurred by us for any loss, cost, damage, or expense howsoever caused, or suffered by us as a result of your breach of these Terms. Where you use the Site inappropriately or maliciously, you agree that you will indemnify us against any losses suffered by us or any third parties as a result of or in connection with such use.
• inaccuracy, delay, interruption in service, error, or omission, regardless of cause or for any damages as a result;
• decision made or action taken by you in reliance on the Site or its content;
• damages, including, without limitation, any direct, indirect, incidental, consequential, special, punitive, exemplary, or similar damages, regardless of the theory of liability and even if advised of the possibility of such damages in advance;
• loss or injury resulting from use of the content or the Site, in whole or part, whether caused by negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting, or delivering the Site and its content or otherwise;
• loss resulting from a cause over which we do not have control.
Availability of the Site
- As electronic services are subject to interruption or breakdown, access to the Site is offered on an “as is” and “as available” basis only.
- We reserve the right to limit the availability of the Site to any person, geographic area or jurisdiction we so desire and/or to terminate your access to and use of the Site, at any time and in our sole discretion.
- We may, at our sole discretion, impose limits or restrictions on the use you may make of the Site. Further, for commercial, security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms, we may withdraw the Site or your access to the Site, at any time and without notice to you.
Restrictions on use of the site
- You will comply with all applicable domestic and international laws, statutes, ordinances and regulations applicable to your use of the Site and will not use the Site or its content for any unlawful purpose.
You agree that you will not (either yourself or through any third party):
• use the Site in any manner that could, or could reasonably be expected to, damage or overburden any of our servers, or any network connected to any of our servers;
• use the Site in any manner that would, or could reasonably be expected to, interfere with any other party’s use of the Site or which is, or which is likely to be, in contravention of any applicable laws or any party’s rights or legal entitlements under any applicable laws;
• use any robot, spider, screen scraper, data aggregation tool or other automatic device, routine or process (Automated Process) to process, monitor, copy or extract any web pages on the Site, or any of the information, Content or data contained within or accessible through the Site, without our prior written permission;
• use any Automated Process to aggregate or combine information, content or data contained within or accessible through the Site with information, content, or data accessible via or sourced from any third party;
• use any Automated Process to interfere or attempt to interfere with the proper working of the Site or any transaction or process being conducted on or through Investree;
• post, upload to, transmit, distribute, store, create or otherwise publish or make available through the Site any content that is false, misleading, erroneous, fraudulent or is otherwise likely to cause confusion to users of the Site or content which is unlawful, libelous, defamatory, offensive to any religious or moral groups, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable;
• misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which may be malicious or technologically harmful;
• take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Site;
• attempt to gain unauthorized access to the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
• attempt to attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
• reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with the Site; or,
• copy, reproduce, alter, modify, create derivative works from, or publicly display, any part of any content from the Site without our prior written permission.
- We may, in our absolute discretion, remove, screen or edit without notice any content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any content you require or that you post or store on the Site at your sole cost and expense.
- Your use of the Site in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Site and we may, in our sole discretion, report a breach of any such obligation which is also a breach of the applicable law to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
Intellectual property rights
- All remarks, suggestions, ideas, materials or other information provided by you through this Site will forever be our property. You acknowledge that you are responsible for any submissions provided through your user name or password, and you, not us, have full responsibility for such submissions, including their accuracy, legality, reliability, appropriateness, originality and copyright. Notwithstanding the foregoing, we have the right to refuse to post, remove, edit or abridge any submission for any reason and to disclose any submission as we deem necessary, including without limitation to achieve compliance with any applicable law, regulation, legal process or governmental request, all in our sole discretion.
- Subject to clause 11.4 below, as between you and us, we own all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Site and Investree.
- If and to the extent that any such intellectual property rights vest in you by operation of law or otherwise, you agree to do any and all such acts and execute any and all such documents as we may reasonably request in order to assign such intellectual property rights back to us.
- You shall retain ownership of all copyright in data you upload or submit to the Site. You grant us a world-wide, exclusive, royalty-free, non-terminable license to use, copy, distribute, publish, and transmit such data in any manner.
- We do not warrant or represent that the content of the Site does not infringe the rights of any third party.
- You undertake that you shall not at any time after you have been provided a unique user name by us, divulge or communicate to any person (except to professional representatives or advisers or as may be required by law or any legal or regulatory authority) any Confidential Information, and will use best endeavors to prevent the unauthorized publication or disclosure of any Confidential Information, and will only use such Confidential Information for the purposes of proposing, considering or making transactions through Investree. Confidential Information for the purposes of this clause shall include all information in whatever form (including in visual, oral or electronic form) relating to us or any Investor or Issuer (including all Investor or Issuer profiles) or a company that was previously an Investor or a business, which is provided or disclosed through Investree (or to any employees or agents) in connection with the use of Investree.
Copyright and trademarks
- The Site and its content are our property or the property of our licensors and are protected by copyright, trade mark, patent and other applicable laws.
- You are permitted to download and print content from this Site solely for your own personal use or in the course of your business to the extent required to use the services provided on this Site. Site content must not be copied or reproduced, modified, redistributed, used, or otherwise dealt with for any other reason without our express written consent.
- Except where necessary for and incidental to personally viewing the Site through your web browser, or as permitted by these Terms, no part of the Site may be reproduced, stored (for any period of time) in an electronic or any other retrieval system, modified, adapted, uploaded to a third party location, framed, performed in public, or transmitted, in any form by any process whatsoever, without our specific prior written consent.
- We may terminate either or both of your log-in details and your access to the Site for any or no reason, at any time, with or without notice to you and without incurring any liability to you, however that liability may arise.
- All restrictions and all disclaimers and exclusions and limitations of our liability will survive any termination. Upon termination, you must not directly or indirectly access or use the Site.
- We may perform any of our obligations, and exercise any of the rights granted to us under these Terms, through a third party. We may assign any or all our rights and obligations under these Terms to any third party.
- If any clause or part of any clause of these Terms is found to be void, unenforceable or invalid, then it will be severed from these Terms, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these Terms.
- No single or partial exercise, or failure or delay in exercising any right, power or remedy by us shall constitute a waiver by us of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these terms and conditions or otherwise.
- If any of the provisions in these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remaining Terms shall continue to be applicable and in full force.
- All disclaimers, indemnities and exclusions in these Terms shall survive termination of the Terms.
- These Terms and the documents referred to in them set out the entire agreement between you and us with respect to your use of Investree and the services provided via the Site.
- These Terms together with the documents referred to in them, and any non-contractual obligations arising out of or in connection with them, shall be governed by the laws of the Kingdom of Thailand. You irrevocably submit to the exclusive jurisdiction of the courts of Thailand over any claim or matter arising under or in connection with these Terms.
Investree is a company incorporated in Thailand, whose registered office and principal place of business is at 12th Floor, Room B, Lake Ratchada Office Complex, 195/13 Ratchadapisek Road, Klongtoey District, Bangkok 10110.
Should you have any questions about these Terms, or wish to contact us for any reason whatsoever, please contact us on [email protected]