Section 2. Use of Corpus X
2.1 The User acknowledges that the User will use Corpus X only when the User has agreed and accepted to comply with all terms and conditions specified herein. However, if the User uses any part of Corpus X, it shall be deemed that the User accepts and agrees to comply with these Terms in all respects.
2.2 The Company has discretion to terminate, suspend, disconnect, or restrict access to any part of the website or application as it deems appropriate in the event that the User does not accept or comply with any of the Terms.
2.3 The User acknowledges that the User shall comply with additional terms and conditions for CorpusX and/or other services stipulated by the Company from time to time other than those set forth herein.
Section 3. Username
3.1 The User must register with the Company for verification of the User’s identity and for use of Corpus X.
3.2 The User may create a username in a number agreed by the User and the Company. The User can use the username to use Corpus X for a specified number and within the specified period until such username is removed or canceled for any reason.
3.3 The User agrees to carefully safeguard the username and password, as well as to prevent any use of the username by a third party to prevent such third party from taking any action on the website or application. The User acknowledges that any operation on the website or application involving the use of the username of the User will be considered as operation by the User itself, and the User agrees to be solely responsible for any damages arising from the use of such username.
3.4 The User has the right to manage the username and password, including to notify the Company of any change to the information registered, or to remove or cancel the username at any time in the event that the User no longer wishes to continue using Corpus X. If the User’s username and password are lost or stolen, or there are reasonable grounds to suspect that there is fraudulent or unauthorized use of the username or password, the User is obliged immediately to notify the Company in order temporarily to suspend the username, and to change the password in accordance with the procedures and security measures stipulated by the Company as soon as possible.
3.5 The Company has the right to suspend and/or remove the username of the User in the event that the Company finds that the User fails to comply with any of the terms specified herein, or upon expiration of the term for use of Corpus X as mutually agreed between the User and the Company.
Section 4. Rights of the Company
4.1 The Company reserves the right to change, cancel, suspend, or restrict the right to access business information or contents, or the right to gain access to the website or application by the User, whether in whole or in part, without providing reasons or notifying the User in advance.
4.2 The Company may monitor, inspect, filter, suspend or control the username, activities, contents, operations or any information on the website or application, and may conduct a preliminary investigation with respect to any actions that may violate the Terms without giving prior notice to the User.
4.3 In the event that the User enters any content or information into the website, the Company has the right to use such content and relationship between the User and such content or information, including but not limited to the right to make a copy of, publish, forward, publicly disclose, re-produce, amend, modify, delete, translate or reform the User’s content or information for the purposes specified in an agreement between the User and the Company, the purposes permitted by laws or any other purposes for which the User has given consent to the Company to use such content or information (as the case may be). In this regard, the User shall be solely responsible for any content and information that the User enters into the website.
4.4 The Company has the right to review, correct or delete any content that the Company considers to be illegal, immoral or unethical, violent or otherwise inappropriate, including the right to investigate and take all appropriate legal measures in order to prevent, terminate or deter any breach of obligations as set out in the Terms, as well as any violation of rights.
4.5 In the event that the User terminates the use of Corpus X, or that the Company terminates the provision of Corpus X, for any reason, the Company reserves the right to delete or destroy any information of the User or the information that the User has entered into the computer system without obtaining consent from the User.
4.6 The Company has the right to claim for actual damages resulting from the User’s intentional or negligent actions. The User shall fully compensate the Company for such damages within a period specified by the Company. In the event that the User fails to fully compensate the Company within the specified period, the Company is entitled to default interest at the rate of 15 (fifteen) percent per annum accrued on the outstanding amount owed by the User until the User compensates the Company for damages in full.
Section 5. Rights and Obligations of the User
5.1 The User shall have the right to use Corpus X and the website under terms and conditions of the Terms only, and such use shall not violate any applicable laws or be contrary to public order or good morals, or infringe upon the rights of the Company, other Users or any person, or result in any obstruction, interference or disturbance with respect to use of Corpus X or websites of other Users.
5.2 The User may have access to and use the business information presented on the website or application for the purposes of analysis, review and assessment of opportunities and risks of partners or targets, or for other legitimate purposes of the User.
5.3 The User acknowledges that the User must provide information and comply with the requirements and recommendations relating to each function of Corpus X which is notified by the Company on the website or application in order that Corpus X can be provided by the Company efficiently.
5.4 The User is obliged to notify the Company of any changes to the User’s information, such as contact address, email address and telephone number, in accordance with the means specified by the Company.
5.5 If the User finds any action on the website or application that is unlawful or may cause damage to the Company, other Users, or any person, the User shall report such action to the Company via the contact channels notified by the Company.
5.6 The User is not entitled to sell, distribute, or rent any username and password, or to disclose information relating to the username and password of the User to a third party, or use the username and password of others to use Corpus X.
5.7 The User agrees not to use or engage in any use of computer programs, software, systems, or devices which may cause damage, or result in interference with or disturbance to the operation of the website, application or computer system in any way, including, without limitation, using robots, hacking and password mining, etc.
5.8 The User shall not enter any computer data into the computer system or publish any computer data on the website or application, which constitutes an offence relating to the national security of the Kingdom of Thailand, or a terrorism offence, or any other offence prescribed under the applicable laws as further amended or re-enacted.
5.9 The User shall not, dishonestly or by deception, enter distorted or false computer data, whether in whole or in part, or false information into the computer system, in a manner likely to cause damage to the Company, other Users or other persons, or in a manner likely to cause damage to the protection of national security, public safety, economic security or infrastructure of the Kingdom of Thailand, or to cause panic to the general public.
5.10 The User shall not enter computer data into the computer system which is indecent and obscene, or against the public good morals, which is accessible by the general public, nor shall the User enter images of other persons into the computer system where such images were created, edited, added, or modified by electronic means or other means, in a manner likely to cause such persons to be defamed, denounced, detested or humiliated.
5.11 The User shall not comment, perform any action, or participate in any activity on the website or application that may cause damage to the Company or to the image or reputation of the Company, nor shall the User act in a manner that misleads a third party.
5.12 The User shall not create caching, or hypertext link to a website, or framing of any content appearing on the website. The User acknowledges that the Company has the right to disable the link or frame, which is created without permission.
Section 6. Limitation of Liability
6.1 The User acknowledges that the business information contained in Corpus X is derived from public information and/or processing of such public information, which shall be used solely for the purposes of legitimate interest. All information is provided “as is” with no warranty or condition whatsoever, whether express, implied, statutory or otherwise. The Company expressly disclaims any warranty of correctness, completeness, being up-to-date, merchantability, or fitness for any particular purpose with respect to the service and information. Moreover, information contained in Corpus X shall not constitute any investment advice, or encouragement to purchase or sell any security or investment or operation of any business by the User, use of business information as an evidence or reference to a third party. In any case, the Company shall not be responsible nor liable for any action or decision taken in reliance on the Corpus X or business information contained in Corpus X.
6.2 The Company shall not be liable for any damages, losses and/or expenses, directly or indirectly, incurred as a result of or in connection with use of Corpus X by the User or restriction on use of Corpus X or the website, or as a result of use of the Corpus X or the website for any purposes or reference to any content or information obtained by using Corpus X or inability to use Corpus X, whether in whole or in part, in the event of system maintenance or repair, operation inspection, force majeure, or in other cases as necessary and appropriate.
6.3 The Company does not expressly or implicitly represent and warrant that the website or application can accommodate the use of Corpus X by the User without any defects, or that the website or application is reliable, accurate, complete, efficient, or is suitable to use for the specific purposes of the User. Therefore, the Company shall not be responsible for damages arising from force majeure, failure to use, mistake, disruption, defect, and incompleteness of such website or application under any circumstances.
6.4 The User agrees to solely indemnify the Company against any damages arising out of: (1) violation of any provision of these Terms; (2) use of Corpus X and/or the username of the User, (3) entering any information into the computer system or publishing information on the website or application; (4) the User’s activities on the website or application; or (5) wrongful act or infringement of the rights of the Company or of a third party. The User also acknowledges and agrees that the Company shall have the right to claim for actual damages against the User in full.
6.5 The User acknowledges and accepts any risks that may arise from communication, sending any messages, or entering into any transaction with other Users on the website, which is a result of decision-making and voluntary act of the User.
Section 7. Intellectual Property
7.1 The User agrees and accepts that the information, texts, marks, symbols, images, sounds, logos, software, hardware, tools, components and/or any part of the website or application, including but not limited to copyrights, trademarks, service marks, trade names, databases, trade secrets, patents, and business information presented on the website or application, whether tangible or intangible and whether they are of commercial or economic value, are legally protected, proprietary, and solely owned by the Company.
7.2 The User agrees not to copy, modify, amend, take a screenshot of, crawl, use bot or spider, scrap, reproduce, record, transfer, make a copy of, or publish any content or information relating to the Company or its intellectual property, or take any action which may result in a breach of the Terms or may impede the Company’s business or trade, or may infringe the intellectual property rights of the Company or third parties without the express written consent of the Company.
7.3 The User acknowledges that allowing it to use Corpus X shall not be deemed as a grant of any right to the User for use of any intellectual property of the Company nor a grant of the exclusive right to use Corpus X.
Section 8. Transfer of Rights
8.1 The User shall not transfer its rights or obligations hereunder, including rights to the username, to a third party unless the express written consent is obtained from the Company.
8.2 The User agrees that the Company may transfer its rights or obligations hereunder to its affiliates or third parties without the User’s consent. In this case, the User agrees to use its best efforts to cooperate with the Company and to take all necessary and relevant actions as requested by the Company in order that the transfer of such rights or obligations is fully enforceable by laws.
Section 9. Force Majeure
The Company shall not be liable for any failure or delay in performance of its obligations hereunder if such failure or delay is caused by connection, electrical or network breakdown, power failure, malfunction of a server or system, technical barriers, computer threats and crimes, accidental spread of computer viruses, theft, protests, shortages, riots, strikes, labor disputes, insurrection, fires, flood, storm, explosions, acts of God, war, governmental actions, labor conditions, earthquakes or any other cause which is beyond the reasonable control of the Company.
Section 10. Severability
Any invalidity or unenforceability of any term or condition hereof for any reason whatsoever will not affect the validity or enforceability of other terms and conditions. In this regard, both parties agree to amend and/or modify such invalid and unenforceable term or condition to be enforceable in accordance with the intentions of both parties under these Terms.
Section 11. Notice
Unless otherwise specified herein, notices sent by one party to the other party shall be made in writing (including in electronic form), and shall be deemed to be duly served when delivered by hand to the other party’s representative, or by mail to the other party at the address or any channel as notified to the party; provided, however, that sending a notice to the User by the Company in the form of notification on the website, application, SMS, email, or via telephone, shall be considered due and proper service of such notice.
Section 12. No Waiver
Any delay in exercising, or failure to exercise any right hereunder by the Company shall not constitute a waiver or prevent any further exercise of any right or remedy unless such waiver has been made in writing and signed by the authorized person of the Company.
Section 13. Governing Law and Dispute Resolution
13.1 The Terms, including the rights and obligations of both parties set forth herein, are governed by, construed and interpreted in accordance with Thai laws.
13.2 If there is any dispute, conflict, or claim arising from or in connection with the Terms, including breach of contract, termination, or validity of the Terms, the Company shall negotiate with the User. If such dispute, conflict or claim cannot be settled within 30 (thirty) days from the date of negotiation, the parties agree to submit such dispute to a competent court of Thailand for settlement.
Section 14. General Provision
If there is any discrepancy between the Thai version and the English version of the Terms, the Thai version shall prevail.
Section 15. Amendment
The Company has the right to amend the Terms at any time without giving prior notice to the User. Such amendment will take effect immediately upon announcement on the website, and the User hereby agrees periodically to visit the website. Use of the website thereafter by the User shall be deemed to be acceptance of such amendment.
If the User has any inquiries, questions, or issues regarding the Terms, it may contact the Company’s Customer Service Center at 02-657-3999 ext. 3 or send an email to bolservice@bol.co.th.
Effective Date
Effective date of the Terms: 01 November 2021
The Terms were recently amended on: 08 October 2021
Terms of Use
The Terms of Use (the “Terms”) are agreements between Business Online Public Company Limited (the “Company”) and a user of Corpus X (the “User”) to stipulate the rights and obligations between the Company and the User, and other terms relating to use of Corpus X on the website and application provided by the Company.
Use of any part of the website and/or application by the User shall be deemed as an acceptance of the conditions and terms specified in these Terms by the User without any amendment. In addition, the use of the website or application by the User shall create legally binding obligations and contract in accordance with the Terms as follows:
Section 1. Definition and Interpretation
Unless otherwise expressly specified herein, the words or groups of words appearing in the Terms shall have the following meanings: