Terms & Conditions

1. APPLICATION OF TERMS

  • These Terms apply to your use of the Website. By accessing and using the Website:
    1. You agree to these Terms; and
    2. Where your access and use is on behalf of another person (e.g. a company), you
      confirm that you are authorized to, and do in fact, agree to these Terms on that
      person’s behalf and that, by agreeing to these Terms on that person’s behalf,
      that person is bound by these Terms.
  • If you do not agree to these Terms, you are not authorized to access and use the
    Website, and you must immediately stop doing so.

2. CHANGES

  • We may change these Terms at any time by updating them on the Website. Unless stated
    otherwise, any change takes effect immediately. You are responsible for ensuring you are
    familiar with the latest Terms. You should check the website frequently to see if any
    recent amendments or additions have been made. By continuing to access and use the
    Website, you agree to be bound by the changed Terms.
  • We may change, suspend, discontinue, or restrict access to, the Website without notice
    or liability.
  • These Terms were last updated on May 17, 2021.

3. DEFINITIONS

  • In these Terms:
    1. Including and similar words do not imply any limit;
    2. Loss includes loss of profits, savings, revenue or
      data, and any other claim, damage, loss, liability, and cost, including legal
      costs on a solicitor and own client basis;
    3. Terms means these terms and conditions titled Website
      Terms of Use;
    4. Underlying System means any network, system, software,
      data, or material that underlies or is connected to the Website;
    5. User ID means a unique name and/or password allocated
      to you to allow you to access certain parts of the Website;
    6. We,
      us
       or our means Forbes
      & Partners Holding Co., Ltd.
      , a company incorporated in the
      Kingdom of Thailand, identified by its company registration number
      0105566073262;
    7. Website means https://www.forbesandpartners.com/;
      and
    8. You means you or, if clause 1.1b applies, both you and
      the other person on whose behalf you are acting.

4. YOUR OBLIGATIONS

  • You must provide true, current, and complete information in your dealings with us
    (including when setting up an account) and must promptly update that information as
    required so that the information remains true, current, and complete.
  • If you are given a User ID, you must keep your User ID secure and:
    1. Not permit any other person to use your User ID, including not disclosing or
      providing it to any other person; and
    2. Immediately notify us if you become aware of any disclosure or unauthorized use
      of your User ID, by sending an email
      to info@forbesandpartners.com.
  • You must:
    1. Not act in a way, or use or introduce anything (including any virus, worm,
      Trojan horse, timebomb, keystroke logger, spyware, or other similar feature)
      that in any way compromises, or may compromise, the Website or any Underlying
      System, or otherwise attempt to damage or interfere with the Website or any
      Underlying System; and
    2. Unless with our agreement, access the Website via standard web browsers only and
      not by any other method. Other methods include scraping, deep-linking,
      harvesting, data mining, use of a robot or spider, automation, or any similar
      data gathering, extraction or monitoring method.
  • You must obtain our written permission to establish a link to our Website. If you wish
    to do so, email your request to info@forbesandpartners.com.
  • You indemnify us against all Loss we suffer or incur as a direct or indirect result of
    your failure to comply with these Terms, including any failure of a person who accesses
    and uses our Website by using your User ID.

5. INTELLECTUAL PROPERTY

  • We (and our licensors) own all proprietary and intellectual property rights on the
    Website (including all information, data, text, graphics, artwork, photographs, logos,
    icons, sound recordings, videos and look and feel), and the Underlying Systems.
  • Unless otherwise noted, you should assume that the copyright in everything you see or
    read on the Site including but not limited to any designs, text, graphics, source code,
    or software belongs to Forbes & Partners Holding Co., Ltd.
  • Your access to it does not imply a license to reproduce and/or distribute this
    information which means that you cannot reproduce, modify, publicly display, or
    distribute the contents of this Site without the prior written consent of Forbes
    & Partners Holding Co., Ltd.
  • The trademarks and logos displayed on the Site are the registered and unregistered
    trademarks of their respective owners. Use of the trademarks displayed is strictly
    prohibited.
  • You are advised that the owners of the trademarks will aggressively enforce their
    intellectual property rights to the fullest extent of the law, including seeking
    criminal prosecution.

6. DISCLAIMERS

  • To the extent permitted by law, we and our licensors have no liability or responsibility
    to you or any other person for any Loss in connection with:

    1. The Website being unavailable (in whole or in part) or performing slowly;
    2. Any error in, or omission from, any information made available through the
      Website;
    3. Any exposure to viruses or other forms of interference which may damage your
      computer system or expose you to fraud when you access or use the Website. To
      avoid doubt, you are responsible for ensuring the process by which you access
      and use the Website protects you from this; and
    4. Any site linked from the Website. Any link on the Website to other sites does
      not imply any endorsement, approval, or recommendation of, or responsibility
      for, those sites or their contents, operations, products, or operators.
  • We make no representation or warranty that the Website is appropriate or available for
    use in all countries or that the content satisfies the laws of all countries. You are
    responsible for ensuring that your access to and use of the Website is not illegal or
    prohibited, and for your own compliance with applicable local laws.

7. LIABILITY

  • To the maximum extent permitted by law:
    1. You access and use the Website at your own risk; and
    2. We are not liable or responsible to you or any other person for any Loss under
      or in connection with these Terms, the Website, or your access and use of (or
      inability to access or use) the Website. This exclusion applies regardless of
      whether our liability or responsibility arises in contract, tort (including
      negligence), equity, breach of statutory duty, or otherwise.
  • Except to the extent permitted by law, nothing in these Terms has the effect of
    contracting out of the Thai Consumer Protection Act, B.E. 2522, Civil and Commercial
    Code, or any other consumer protection law that cannot be excluded. To the extent our
    liability cannot be excluded but can be limited, our liability is limited to THB 2,000.
  • To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of
    these Terms do not apply, our total liability to you under or in connection with these
    Terms, or in connection with the Website, or your access and use of (or inability to
    access or use) the Website, must not exceed THB 2,000.

8. SUSPENSION AND TERMINATION

  • Without prejudice to any other right or remedy available to us, if we consider that you
    have breached these Terms or we otherwise consider it appropriate, we may immediately,
    and without notice, suspend or terminate your access to the Website (or any part of it).
  • On suspension or termination, you must immediately cease using the Website and must not
    attempt to gain further access.

9. PRIVACY POLICY

10. GENERAL

  • If we need to contact you, we may do so by email or by posting a notice on the Website.
    You agree that this satisfies all legal requirements in relation to written
    communications.
  • These Terms, and any dispute relating to these Terms or the Website, are governed by and
    must be interpreted in accordance with the laws of the Kingdom of Thailand. Each party
    submits to the non-exclusive jurisdiction of the Courts of the Kingdom of Thailand in
    relation to any dispute connected with these Terms or the Website.
  • For us to waive a right under these Terms, the waiver must be in writing.
  • Clauses which, by their nature, are intended to survive termination of these Terms,
    including clauses 4.5, 5, 6, 7, 10.1, continue in force.
  • If any part or provision of these Terms is or becomes illegal, unenforceable, or
    invalid, that part or provision is deemed to be modified to the extent required to
    remedy the illegality, unenforceability, or invalidity. If a modification is not
    possible, the part or provision must be treated for all purposes as severed from these
    Terms. The remainder of these Terms will be binding on you.
  • These Terms set out everything agreed by the parties relating to your use of the Website
    and supersede and cancel anything discussed, exchanged, or agreed prior to you agreeing
    to these Terms. The parties have not relied on any representation, warranty or agreement
    relating to the Website that is not expressly set out in the Terms, and no such
    representation, warranty or agreement has any effect from the date you agreed to these
    Terms.

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