1.1 This agreement ("Platform Agreement") constitutes a legal agreement between you and StashAway Asset Management (Thailand) Co., Ltd. (Company No. 0105562135522) ("StashAway Thailand").
1.2 By accessing or using our Platform, you are taken to have agreed to the terms and conditions under this Platform Agreement.
Section 1 sets out the Platform Agreement between you and StashAway Thailand (i.e. us). Before accessing or using our Platform, you must agree to the terms of the Platform Agreement.
This summary parts provides a short explanation of the Platform Agreement. This is not legally binding and not comprehensive, and you are encouraged to read and understand the Platform Agreement.
If there are any differences between the summary and the Platform Agreement, the Platform Agreement prevails.
2.2 The words "we", "us", "our" or any of their derivatives refer to StashAway Thailand and its successors and any novatee, assignee, transferee or purchaser of StashAway Thailand's rights and/or obligations hereunder and any reference to StashAway Thailand includes a reference to such successor, novatee, assignee, transferee or purchaser.
2.3 The words "you", "your", "yours" or any of their derivatives refer to the person using or accessing our Platform and shall include, as the context may require, personal representatives (as the case may be).
You can refer to Section 2 for a meaning of certain words and expressions used in the Platform Agreement.
4.1 Information required. Upon request, you shall provide a valid email address, a password, and answers to security questions (or any other information we may request in order to establish the appropriate Access Methods), which are necessary for you to gain access to restricted areas of the Platform.
4.2 Provision of information by you. We may require additional information, confirmation or declaration from you each time you access the Platform or certain parts or areas of the Platform, and you shall provide such information, confirmation or declaration promptly. You represent and warrant that each information, confirmation or declaration you provide to us is accurate, true and complete, and not misleading in any material particular.
4.3 Security measures. Your access and use of the Platform shall be strictly limited to yourself. You agree that:
4.4 Compliance with Applicable Laws. You shall access and use the Platform in compliance with all Applicable Laws. Without limiting the generality of the foregoing, your use of the Platform shall be subject to such additional restrictions, terms and conditions of use, disclosures or disclaimers that may be communicated to you
(whether by written or electronic means) in connection with such use.
4.5 Suspected breach of security. You must notify us immediately if you become aware of or have reasonable suspicion that there is any breach of security, loss, theft or unauthorized use of your email address, password or answers to the security questions.
4.6 Keeping the integrity of the Platform. You shall not introduce into the Platform any content, materials or code which contains any virus, Trojan horse, worms, time bomb, cancelbot or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Personal Data. You undertake not to back into, disrupt, disable, burden or otherwise interfere with the accessibility or impair the proper function of the Platform, the services which we may provide to you pursuant to any agreement or the Systems, which shall include, without limitation, spoof attacks, backing, sniffing, tampering, denial-of-service attacks, reverse engineering or reprogramming.
4.7 Your duties. Any data, information or message transmitted to you through our System, the Platform or otherwise is confidential and intended for the sole use of the intended recipient. If you are not the intended recipient, you should immediately notify us and delete or destroy such data, information or message, including all copies thereof.
4.8 Confidentiality of other information. You must keep confidential, all information about the Platform, our System and any information, data, materials or documents provided to you.
Section 4 sets out your roles and responsibilities when using or accessing our Platform. We will determine what security measures i.e. Access Methods are appropriate before you can use and access our Platform. You will need to provide us with some information (e.g. email address, password, etc.) for us to do so. In particular, you are responsible for ensuring that only you can access and use our Platform using the Access Methods we provide to you. Otherwise, if someone else uses your Access Methods to access and use our Platform, you will be responsible for the acts of that person using our Platform. If you suspect any unauthorised use of your Access Methods, please notify us immediately and we may terminate or suspend your Access Methods.
5.1 You agree to the following:
5.2 We reserve the right to terminate, suspend or restrict your access to the Platform and to cease acting on your Instructions if we suspect that the person logged into your Account is not you, where we suspect that your Account is or will be used for illegal, fraudulent or unauthorized uses, or for any other reason which we deem to be reasonable.
Unless we agree otherwise, you will communicate with us through the Platform. We may, but are not obliged to, verify that the communication which we receive through the Platform comes from you. We have the right to terminate, suspend or restrict your access to the Platform and to cease acting on your Instructions if we suspect that the person who logged into your Account is not you, or where we suspect that your Account is or will be used for illegal, fraudulent or unauthorized purposes.
6.1 Monitoring of access and use. We may monitor all your access to and use of Platform so as to detect any improper activity relating thereto. You shall comply in a timely manner with our requests for information, documents and other material requested by us.
6.2 Right of termination. We reserve the right to restrict, temporarily or permanently the operation of the Platform at any time and with immediate effect, without incurring liability of any kind to you, if any of the following events occur:
6.3 For the purpose of section
6.2 of this Platform Agreement, "Force Majeure Event" means any event beyond our reasonable control (and which does not relate to or arise by reason of our default or negligence) which renders impossible or hinders our performance of this Platform Agreement, including the offering of the Platform thereto, including, without limitation:
6.4 For the avoidance of doubt, we shall not be in breach of this Platform Agreement, nor liable for any failure or delay in the performance of any other obligations under this Platform Agreement arising from or attributable to any of the circumstances giving rise to a right to termination under section
6.2 of this Platform Agreement.
Section 6 sets out our rights in relation to your access and use of the Platform. We have the right to monitor all your access to and use of Platform so as to detect any improper activity. Under certain circumstances, we also have the right to restrict, temporarily or permanently the operation of the Platform.
7.1 The names, images and logos or any other trademarks(“Marks”) identifying us or third parties and their products and services are subject to copyright, design rights and trade marks of us and/or third parties, and all rights to the Marks are expressly reserved by us or the relevant third parties. Nothing contained in this Platform Agreement shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of us or any other third party, without the prior written consent of us or such third party. You shall not use our Marks or the Marks of any other third party in any way, including in any advertising or publicity, or as a hyperlink without our prior written consent.
7.2 We, our service providers, agents (or their sub-agents), contractors (or their sub-contractors), delegates, suppliers and other third parties we may appoint for the operation of this Platform or the provision of services to you and licensors own and retain all rights, titles and interests in and to
7.3 By submitting, posting or displaying content on or through the Platform, you grant to us a worldwide, non-exclusive, royalty-free licence to reproduce, adapt and publish such content on the Platform for the purpose of displaying, distributing and promoting the Platform or any other services we may provide to you. You further grant to us an irrevocable non-exclusive licence to use such content submitted, posted or displayed, including any ideas, inventions, concepts, techniques or know-how disclosed herein, for any purpose, including the developing and/or marketing of any of our services. We reserve the right to retain an archival record of all such content including those deleted or removed by you.
7.4 In the event that you download any software, applications or script from the Platform, the software, applications or script, including any files, images incorporated in or generated by the software, and data accompanying the software
(collectively, the “Software”) are licensed by us to you on a non-exclusive, non-transferable, and non-sublicensable basis for the sole purpose of utilizing our services in accordance with this Platform Agreement. For the avoidance of doubt, we are not transferring and do not transfer, title ownership or any other rights to the Software to you. You shall not redistribute, sell, decompile, reverse-engineer, disassemble or otherwise deal with the Software. Any Software downloaded from the Platform shall be at your own risk.
7.5 You shall not imitate, copy, modify, decompile, disassemble, reverse engineer, distribute, disseminate, reproduce, license or create any derivative works from, assign, transfer or sell, in full or in part and in any way, the Platform or any information, data, products or services obtained from the Platform ("Platform Contents"). Unauthorised conduct or use of the Platform or the Platform Contents may violate ours or any third party owners' intellectual property rights and may also be an offence under the Computer Crime Act B.E. 2550 (2007)(as amended) of Thailand. You shall be entitled to retrieve and display the Platform Contents on any compatible device owned by you and retain a copy of the Platform Contents for record, provided that you keep intact all accompanying intellectual property rights and other proprietary notices.
Section 7 sets out our intellectual property rights. The names, images and logos or any other trademarks identifying us or third parties and their products and services are subject to copyright, design rights and trade marks rights belonging to us and the third parties. You may not imitate, copy, modify, decompile, disassemble, reverse engineer, distribute, disseminate, reproduce, license or create any derivative works from, assign, transfer or sell, the Platform or any information, data, products or services obtained from the Platform. If you submit, post or display content on or through the Platform, you grant us the right to reproduce, adapt and publish such content.
8.1 The Platform is provided “AS IS” on an “IS AVAILABLE” basis without any representations or any kind of warranties whatsoever (whether expressed or implied by law). We and our licensors disclaim to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation, the warranties as to functionality, operability, accessibility, accuracy, correctness, reliability, updatedness, timeliness, satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Without limiting the foregoing, we do not warrant that our services, functions contained in or access to the Platform or other content will be timely, uninterrupted or error-free without omission, that defects will be corrected, or that the Platform or its contents are free of infection by computer viruses and/or other harmful or corrupting code, programme, macro and such other unauthorized software, or that the download, installation or use of any Systems or content of the Platform in or with any computer will not affect the functionality or performance of the computer. We are not responsible or liable for the deletion or failure to store any content maintained or posted by or through the Platform.
8.2 Third party sites. The Platform may contain links to other websites which are not maintained by us. Similarly, other websites may contain links to the Platform. We have no control over such sites and resources, and you acknowledge and agree that we are not responsible for the availability or contents of those websites and shall not be liable for any damages or injury arising from the availability or contents of those websites. Any links to other websites are provided as a convenience to you as a user of the Platform, and does not imply our endorsement of the linked website or association with their operators. We disclaim all responsibility and liability, direct or indirect, for any damage or losses (including any virus, spyware, malware, worms, errors or damaging materials contained in the linked sites) caused or alleged to be caused by or in connection with the use or reliance on any such content available on or through any such site or resource, which are accessed and used at your own risks.
8.3 Assumption of risks. You acknowledge there are certain security, corruption, transmission errors and availability risks associated with using the Platform and agree, to the maximum extent permitted under Applicable Laws, to assume such risks. Without limiting the generality of the foregoing, you acknowledge and accept, given the nature of electronic transactions and electronic telecommunication platforms such as the Platform, the unique risks of using the Platform, which include, but are not limited to, the following:
8.4 Exclusion of Liability. To the maximum extent permitted under Applicable Laws and without prejudice to any other rights we may have under this Platform Agreement, you acknowledge and agree that we (and any of our service providers, agents (or their sub-agents), contractors (or their sub-contractors), delegates, suppliers, or other third parties we may appoint for the operation of this Platform or the provision of services to you, directors, officers, employees, subsidiaries, successors or assigns) are not liable to you for any direct, indirect, consequential, incidental, special or punitive losses suffered by you or any third party, whether arising based on a claim in contract, tort (including negligence), breach of statutory duty or otherwise, arising from or in connection with:
8.5 Your indemnities to us. To the maximum extent permitted under Applicable Laws and without prejudice to any other rights we may have under this Platform Agreement, you shall indemnify, and shall keep indemnified, us and any of our service providers, agents (or their sub-agents), contractors (or their sub-contractors), delegates, suppliers, or other third parties we may appoint for the operation of this Platform or the provision of services to you, directors, officers, employees, subsidiaries, successors or assigns against any losses, including expenses and legal or other professional fees for disputing or defending any action, claim or proceeding, which we may incur or sustain (directly or indirectly) or which may be made against us in any jurisdiction as a result of or in connection with or arising out of:
8.6 You also undertake to procure that, in the event that you transfer all or substantially all of your rights or assets to any other person (whether in the same or any other jurisdiction(s)), you shall procure that such person will indemnify and hold us and our directors, officers, employees and agents harmless on the same terms as those set out above.
There are certain security, corruption, transmission error and availability risks associated with using the Platform. Section 8 sets out the circumstances under which we and our service providers will not be liable for your losses, and the circumstances under which you agree to indemnify us and our service providers for any losses.
9.1 Other agreements. This Platform Agreement does not supersede or replace any other consents you may have previously or separately provided to us in respect of your access or use of the Platform, and your consent to this Platform Agreement is in addition to any other rights which we may have in respect of your access or use of the Platform.
9.2 Amendment. Our Platform Agreement may change from time to time. We will post any changes on https://www.stashaway.co.th/legal/. If you continue to use or access our Platform, you are deemed to have agreed to such changes without reservation.
9.3 Assignment. You shall not have the right to assign any of such rights, undertakings, agreements, duties, liabilities and/or obligations hereunder, except with our written consent. We may assign or transfer any of our rights hereunder to any party without your consent, but subject to prior notification.
9.4 Survival on Termination. All disclaimers, indemnities and exclusions in this Platform Agreement shall survive the termination of this Platform Agreement.
9.5 Severance. If any provision of this Platform Agreement or part thereof is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further and, for the avoidance of doubt, the rest of this Platform Agreement shall continue in full force and effect and the legality, validity and enforceability of the whole of this Platform Agreement in any other jurisdiction shall not be affected.
9.6 No Third Party Rights. A person who is not a party to this Platform Agreement shall have no right under the Civil and Commercial Code of Thailand or under any law, to enforce any provision in this Platform Agreement.
9.7 Governing Law and Jurisdiction. This Platform Agreement shall be governed by, and construed in accordance with, the laws of Thailand. Any dispute arising out of or in connection with this Platform Agreement and/or the documents referred to herein, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by the Courts of Thailand and both you and we hereby unconditionally and irrevocably submit to the exclusive jurisdiction of the Courts of Thailand.
The Platform Agreement is subject to changes made by us; and any such modification to the Platform Agreement will be effective from the date the Platform Agreement is posted at https://www.stashaway.co.th/legal/. If you continue to use or access our Platform, you will be treated as if you have agreed to the changes. The Platform Agreement is governed under Thai law
StashAway Asset Management (Thailand) Co., Ltd (Registration no: 0105562135522) has a Securities Business License Type C - Private Fund Management (Lor Khor-0136-01) from the Ministry of Finance and is regulated by the Securities and Exchange Commission, Thailand.