This Memorandum of Agreement is made between the Client and Coin Asset Co., Ltd. Thai Juristic Person, company registration No. 0105560165050. Head office located at No. 3, 11th floor, Prompan Tower No.3, Soi Ladprao 3, Ladprao Road, Chompol Sub-District, Chatuchak District, Bangkok 10900 (hereinafter referred to as “CAX”) as a provider of digital currency exchange platform to customers through www.coinasset.co.th or any other websites related to APIs, applications, mobile devices, or services in the future.
Clients who wish to use the CAX platform services have to register for an account via the system in which the Clients shall acknowledge terms of services and agree to abide by the terms and conditions of this agreement. In case the client disagrees to any terms and conditions of this agreement, unless of written permission of changes from CAX, client shall not use of services of CAX.
- 1.Clients Testimonials
- (a) Individual Clients
- (1) Must be over 18 years of age and has the ability to transact in accordance to agreement.
- (2) Shall have complete consciousness, not mental, not ordered by court of incompetent or bankrupt.
- (3) Was not part of or supported as a member in any activity, directly or indirectly, or arrange as an assistance, encouragement, or consult in illegal activities such as rogue, anti-governmental forces in which not exercise within the law or constitution, separatist forces, underground forces, terrorist groups, transnational crime organizations, human trafficking, piracy, or sharing a chain.
- (4) Has never been sentenced to imprisonment by a final judgment to imprisonment for criminal offense in related to financial, terrorism, or transnational crime. This includes but is not limited money laundering offenses, fraudulent citizens’ offenses committed by fraud and the offense under the financial institutions law, stock exchange of Thailand on prevention and suppression of financial support for terrorisms; prevention and suppression of trafficking and of involvement in transnational organized crime.
- (1) Registration of which the juristic person is headquartered.
- (2) No meaningful purpose to prohibit access of CAX services.
- (3) The registrant is the person authorized to act on behalf of the juristic person and the entity agrees to be responsible for any damages caused by the registrant whether done on behalf of legal entity or not.
- (4) All directors of persons authorized to act on behalf of the juristic person shall have complete consciousness or not ordered by court of incompetent or bankrupt.
- (5) Juristic person, director, and authorized person acting on behalf of any juristic person who is not or has not been a member, engaged in any activity, directly or indirectly, arranged for assistance, rogue, anti-governmental forces in which not exercise within the law or constitution, separatist forces, underground forces, terrorist groups, transnational crime organizations, human trafficking, piracy, or sharing a chain.
- (6) Juristic person, director, and authorized person acting on behalf of any juristic person has never been sentenced to imprisonment by a final judgment to imprisonment for criminal offense in related to financial, terrorism, or transnational crime. This includes but is not limited money laundering offenses, fraudulent citizens’ offenses committed by fraud and the offense under the financial institutions law, stock exchange of Thailand on prevention and suppression of financial support for terrorisms; prevention and suppression of trafficking and of involvement in transnational organized crime.
- (b) In accordance with the KYC and AML policies, Clients shall provide accurate and complete information to CAX. The client hereby certifies that the information provided to CAX is accurate and true. This includes but is not limited to, Full name, household registration, name of juristic persons and positions, managing partner act or the authority to act, copy of authority limitations, (in case of application for a partnership or any other forms), copy of passport or identification cards, copy of company registration certificate, copy of shareholder, contact details, date of birth, email, tax identification number, bank account details, and any other relevant information. In case of changes, the client shall notify of CAX immediately.
- (c) In case the client fails to submit complete information or the information provided is not clear, the client consents to CAX assigned employee or send inquiry through email or other electronic channels provided.
- (d) The client agrees to use CAX services individually, shall not allow others use, temporary lend, or share services with others. In addition, clients agree to create accounts for themselves only as allowed by CAX.
- (e) If, in the future, CAX discovers of information or statements submitted by clients for the service is false, CAX has the right to terminate the service without prior notice.
- (f) In case of any law, rule, regulation, agreement or treaty enacted or provided by an international organization; government or government organization responsible by Thailand’s command or in compliance with an international treaty or agreement. If such laws, regulations, rules, agreements, or treaties oblige of the client to do so, abstain reparation. The sole obligation of the client is to comply with all the applicable laws, rules, regulations, agreements or treaties.
- (a) CAX is a provider of digital currency exchange platforms to customers via www.coinasset.co.th or any website related to APIs, applications, mobile phones, or services, whether exchanging digital currency and digital money (E-Money) exchange between digital currency and cash in the same way. CAX is not a financial institution and does not provide any financial instruments to its clients. CAX services are not affiliated with any clients’ bank accounts. A clients’ bank account only transfers or deposits cash between a CAX client account and a CAX account for system services. CAX is not a client bank account provider.
- (b) Once the client has registered through the system to open an account, CAX reserves the right to accept or deny service, refusal reason shall be notified.
- (c) The client agrees and accepts that the exchange of digital currency transactions. Once the transactions has been confirmed, CAX recommends that the clients acknowledge of all transactions details before submitting a confirmation. However, if CAX has set up a system that cancels or reserves a transaction, CAX is authorized and discontinued or reserved. Opening a trading order will be immediately available until the exchange has been processed, those orders can be canceled at any time. If necessary, CAX may reserve the right to cancel orders that have been sent into the system.
- (d) If the service is faulty or fraud by a director, employee, subcontractor, agent or other person acting on behalf of CAX or cyber-crime by third-party. CAX shall not be liable for any damages incurred as a result of such non-disclosure. CAX must investigate the facts and clarify the customer within 30 days from the date of knowing the cause. CAX reserves the right to correct errors without the needs of client’s consent. Whether such an error is caused by a CAX service or not, including but not limited to altering a customer’s exchange transaction, cancellation fees and reclaims of any transferred or removed of property. In case of errors, defects, fraud, illegal actions, or otherwise in the product or service of a clients or third party. The Client is obliged to immediately notify CAX to prevent loss, damage or loss of another client.
- (e) In the use of CAX services, clients must transfer cash, deposit of digital currency, electronic information or any property stored in the Baht Wallet or Digital Currency Wallet; the property is still owned and in possession of the customer. CAX serves only the location, data is stored only so the risks falls on the client itself. In other words, CAX services are limited to providing only digital currency exchange services. Once the transaction has been verified, the CAX system will process the cash. CAX does not own cash or deposit of digital currency, or electronic information or any client assets stored in Baht wallet or Digital currency wallet. As for the benefits of this service, the client acknowledges and agrees to transfer the cash to CAX deposit digital currency electronic information or any property stored in the Baht Wallet or Digital currency wallet to other customers automatically at every transaction and without the consent of the client in advance or occasionally.
- (f) CAX provides exchange platforms only, not a party to the transaction or a broker or financial advisor to clients who are subjected to the laws and regulations of the Securities and Exchange Commission. In case the client wishes to be consulted or have a representative, clients must contact their licenses to operate the business themselves.
- (g) CAX provides a platform for the exchange of digital currency with Thai Baht and between digital currencies. There is no exchange between digital currency or Thai baht and foreign currency, which is subjected to the laws and regulations of the Bank of Thailand. In case the client wishes to exchange in foreign currency, clients must exchange at a legal authorized establishment.
3.Use of the Service
- (a) Client agrees to use the services in accordance with the regulation specified by CAX or in the future, and agrees not to do the following.
- (1) To commit any act which is contrary to the law, rule or regulation as prescribed or promulgated by a competent state agency; this includes, but is not limited to, criminal law, intellectual property law, laws related to money laundering, fraudulent citizens, financial institution Securities and Exchange Terrorism, human trafficking, transnational crime, computer crime, and consumer protection.
- (2) Do any attempt to show or attempt to fraudulently threaten, deceive, defame, obscene, defamatory, sexually abusive, violence of human dignity, share of chain in games, gambling, lotteries, auctions, money laundering, terrorist financing, or use of CAX services for other illegal activities. Whether with or without other clients, direct or indirect, damaged or loss.
- (3) Act as a trademark, infringement, trade secret, or any other intellectual property, whether it's a CAX customer or a general person, direct or indirect violation and whether it is damaged or not.
- (4) Interfere with access to or use of other customer services; or violate the legal rights of other customers.
- (5) Use or otherwise intend to use another customer's account without permission.
- (6) Intervene, suppress, inhibit, slow down, interrupt, interrupt, and destroy, damage, intercept, any information or content of CAX or its customers. Delivered or uploaded, or located on another CAX website, application, or service, or on another customer's electronic channel or do any other work so CAX system cannot work normally or not meet the wishes of CAX or delivery system information, data or any other content with computer viruses, spyware, Trojan scans, worms, various malware programs and malicious programs. Not all or part of it.
- (7) Use any computer system or program that is not proprietary or in its possession to enter the site or application. Or to extract or copy the data wrongly.
- (8) Use any robots, spiders, grapples, interfaces or other automated means not provided by CAX to access the website or retrieve data. It also develops external programs that are compatible with the site without prior written consent from CAX.
- (9) Do reverse engineer Remove, compile, or remove any software that is currently active on another CAX Web site, application, or service.
- (10) Post or transmit rumors or facts or act to endanger the credibility of the CAX or provide false information to mislead or harm other customers. Be it done on another CAX website, application, or service, or to send rumors or facts to other customers via electronic channels or other channels.
- (11) Post or transmit content that is politically related, commercial message, Third-party Personal Information Message chain, or text designed to deceive other customers, include any other message promoting or encouraging customers or other persons to act in violation of this Agreement.
- (12) Do any other act contrary to the rules, peace or the morals of the people, or do any other work that CAX deemed inappropriate.
- (b) If the client misuses the service or violates the law, or causes any damage to the customer or third party, CAX may terminate the service. CAX grants its sole discretion to impose fines. In this regard, the Client consents to CAX to take cash, deposits, and deposits with CAX. Digital currency or any other property in the Baht Wallet or digital currency wallet, net of any fine imposed by the CAX. Settlements and deductions such as this. CAX does not disqualify civil and criminal prosecution or claim damages that exceed the amount of such property.
- (c) Determining whether the client's conduct is in accordance with (a) or not. And the determination of fine amounts under (b) shall be at the sole discretion of CAX.
4.Transferring and Removing from System
- (a) CAX may recommend that customers transfer or bring in cash, deposit Digital Currency Electronic information or any property CAX will use its best endeavors to ensure that those providers are honest and lawful operators. CAX does not endorse or take responsibility for any misconduct or loss, damage or loss arising out of the Services provided by such person. If the dispute, clients acknowledges that such transaction is legal between the clients and the service provider; CAX is not affiliated with any such fees or services.
- (b) The customer is responsible for checking the accuracy of the transferred or credited account. CAX will display the name and number of the CAX deposit account or clients on any website, application, or other service expressly. If cash transfer clients deposit Digital Currency Electronic information or any property that is wrong in the system, damage, loss or damage to the clients.
- (c) The clients must transfer money to the system via a bank account of the clients. The money must be deposited into the client's bank account only. Clients are not allowed to transfer money to the system using an automatic teller machine or a bank account of another person.
And clients are not allowed to take money out of the system into a bank account of another person. Except as allowed in written form by CAX.
- (a) Documents, manuals, data, specific information, mottos, trade policy, research, software programs, source code, tools, methods, processes, algorithms, materials, objects, patents, copyright, trademark images, trademarks Service mark The know-how, inventions, materials or other intellectual property that appears to have been received or received by the Service under this Memorandum. Ownership and ownership of CAX, regardless of whether CAX is legally registered or not. And the clients agrees not to reproduce, render, or reproduce the same or similar material or use such material or intellectual property to exploit or register without the prior written consent of CAX, whether wholly or in part.
- (b) Clients or third-party use of the CAX intellectual property for reference does not constitute a confirmation that the product or service of the clients or third-party CAX is a joint venture. CAX is not responsible or liable for any direct, indirect, incidental, consequential or punitive damages arising out of or in connection with this CAX of who is responsible for any product or service that belongs to the clients or third-party.
6.Fees and taxes
- (a) Fees
- (1) CAX will display fee rates through its website, application or service. CAX reserves the right to change fee rates at any time without prior notice.
- (2) In the event that the clients does not exchange digital currency or use any service on any website, application, or service for more than 1 year, Clients agrees to pay maintenance fee of 1,000 Baht in advance to CAX.
If the Baht Wallet or Digital Currency Wallet does not move beyond 2 years, CAX will contact the client through the electronic channel that the clients has notified to CAX for the client to move the transaction. Within 1 month, the contact will also indicate that if the client does not move the transaction within 1 month from the date CAX has contacted. The client has waived their ownership and possession of cash deposit Digital Currency Electronic information or any property stored in a Baht Wallet or a Digital Currency Wallet if the client continues to ignore it. Give those cash deposit Digital Currency Electronic information or any property stored in a Baht Wallet or Digital Currency Wallet is owned and held by CAX, owing to the ownership of the original ownership and possession.
- (3) CAX will deduct the fee from each transaction from the money or property received by the other client. The client agrees CAX to deduct fees by deducting money from Baht Wallet or Digital Currency Wallet immediately without prior consent or notice. In case the client has no Thai Baht remaining in the account, no digital currency is available in the digital currency bag. The baht is exchanged for digital currency or bring digital currency to exchange in baht to pay fees pending.
- (b) Taxation
- (1) the client must pay personal income tax, corporate income tax and other taxes by yourself and in cases where applicable law Whether present or future. Clients are required to pay VAT due to the sale of digital currency, withholding tax and transfer to the Revenue Department to pay or send any tax or report to any government agency. The clients acknowledges that CAX is not responsible for the tax liability, tax deduction or to make any report of the clients.
- (2) Where applicable law, CAX is obliged to withhold income tax at the time of payment of VAT or any other taxes on income or profits of clients. The Client acknowledges and agrees to allow CAX to withhold income tax at the time of payment or other taxes to be forwarded to the Revenue Department or other relevant agencies, consent and agreement, Clients will not be able to withdraw later.
- (3) The CAX system is a tax liability for CAX, in which is responsible for collecting and forwarding it to the IRS. The tax inclusive in the service fee will not be charged to the clients any more.
If the clients wishes to have the CAX prepare a full tax invoice and deliver it to the clients.
- (c) Financial information and reports: Whether the law is applicable in the present or in the future, CAX is responsible for delivering information or financial reports to customers of government agencies. The client consents and agrees to allow CAX to submit such information or financial reports to such agency. Consent and agreement like, clients will not be able to withdraw later.
- (a) Clients acknowledge and agrees that any record of this agreement or law requires that a book be made. There is evidence in the book, if a CAX is made up of electronic information. The books or information is also sent via electronic channels such as SMS, e-mail, etc., which is the channel that the clients have been notified by CAX and such information can be reused without meaning. CAX's information or delivery is deemed to be in compliance with the Memorandum of Understanding and the law. It is considered an evidence or within other documents shown. Consent and agreement like Clients will not be able to withdraw later.
- (b) It is the client’s responsibility to change his/ her electronic channel information to the extent that it is current. If CAX deliver the information via the lasted channel, clients will not be liable for claims that the information has not been received.
- (c) In the event CAX publishes a message through another website, application, or other service by requiring that such notice be maintained for no less than 48 hours, Clients acknowledge and agrees that such announcement is a delivery of such electronic message to Clients pursuant to (a) without the need to send such message to Clients more Consent and agreement like Clients will not withdraw later.
- (d) In case the client needs more document from the CAX, deliver other electronic document, or deliver via public transport. CAX would like to inform that the CAX is only online service, and it is a large burden for CAX to prepare and deliver document. Therefore, CAX shall request for fees from the above services.
- (a) CAX concerns that clients’ information is important and confidential. CAX agrees to keep such information confidential, and will launch regulations, in order to guarantee that committees, employees, subcontractors, or any person who provides services to the CAX, will keep such information obtained from the operation confidential. And CAX will provide trainings to staff members and employees, in order to make them understand the importance of keeping such information.
- (b) Such confidential information can be revealed under conditions below:
- (1) Obtains written consent from the client who is the owner of such information.
- (2) Must be disclosed by law or order of a court or governmental authority authorized by law.
- (3) Being generally public and accessible to the public.
- (4) Has been disclosed by an outsider or other person who has no obligation to maintain confidentiality with CAX.
- (5) Has agreed with the client that such information is not confidential or
- (6) Discloses under the terms and conditions of this agreement. The client acknowledges that he/she has studied the CAX’s security system by him/herself and understands that CAX has carefully issued the criteria above. If there is any damage hereafter, this damage belongs to the client.
- (c) If the client receives any other client’s information through the CAX Services, the client agrees to keep such information confidential, and will destroy any information that he/she receives immediately. By agreeing not to disclose such confidential information to other persons, either directly or indirectly, except for the consent of such client.
9.Use of other computer programs
- (a) The client is not allowed to use any computer program from another developer to connect to the CAX system, whether the computer program is owned by the client itself or by a third party. Except for the prior written consent of CAX.
- (b) The client is obligated to carefully monitor and maintain the security of the computer program and connect that computer program to the CAX system by him/herself. If there is any lost or damage due to computer programs or connection, whether to such client, other clients, or the CAX system, the client must be responsible for such loss or damage.
- (c) In case of loss or damage to the CAX system, the client allows CAX to seize cash, deposit, digital currency, or any other property in Baht Wallet or Digital Currency Wallet temporary, until CAX can prove the cause of such losses or damages, and whether the client must be responsible or not.
- (d) In case CAX can prove that such damage is caused by the connection of other computer programs to the CAX system, the client agrees that CAX can take cash, deposit, digital currency, electronic information, or any property in Baht Wallet or Digital Currency Wallet, offset against any damages. However, such offset does not disqualify CAX from civil and criminal prosecutions, or claims of damages that exceed the amount of such property.
- (a) Client acknowledges and agrees that CAX is able correct and change the services, including terms and conditions of this Agreement, whether in total or partial, and without prior notice. Any such modification and change shall not be required to be announced to the client, and it is deemed that the client has given CAX a prior consent for such modification or change.
It is the client’s responsibility to review such changes to ensure that the client is aware of the current and accurate services, terms and conditions. The negligence of client for such modifications or changes, is entitled to disclaim to object to any such amendments or changes.
If the client disagrees with the modifications or changes, kindly notify the objection to CAX in writing, and kindly stop using the CAX services until the client dispute is resolved. If the client continues to use CAX services or discontinue service, then return to CAX services for more than 7 days, whether the client is aware of the changes or not, means the client has not been interested in opposing the amendments or changes.
- (b) If CAX opens other services or sells products on the CAX platform, the client agrees to use such services. This Agreement is deemed to be a memorandum of understanding of use of
other services or purchase of such products, applying the terms and conditions of this agreement as applicable. And it is deemed that the client has prior acknowledgement with CAX for the use of other services or purchase of such products.
- (c) Client acknowledges and agrees to the CAX assignment of its rights and obligations under this agreement, including the rights and duties of CAX that will continue or occur in the future, neither all nor part of it. If the client wishes to transfer his/her rights and duties, neither all nor part of it, the client must obtain prior written consent from CAX.
- (d) Client acknowledges and agrees that CAX can hold its services in advance, neither all nor part of it, without notification of causes, no responsibilities, and do not need to notify the client in advance. And allow CAX to seize cash, deposit, digital currency, electronic information, or any property in a Baht Wallet or Digital Currency Wallet to check or deduct legal liabilities.
- (e) Client acknowledges and agrees that CAX can delay its service for reviews with status "Pending”, without notification of causes, no responsibilities, and do not need to notify the client in advance. During waiting time for verification, the client cannot transfer or remove cash, deposit, digital currency, or any other property related to the services.
- (f) Client acknowledges and agrees to limit the amount of cash, deposit, digital currency, or any other property, per transaction. And allows CAX to limit the number of transactions which the client can perform for a period of time. In the case that the client uses the services beyond specified amount, CAX has the right to refuse the transaction. However, if CAX agrees to provide such services, the client acknowledges and agrees that CAX can automatically divide the services into several transactions or delay the services until the time limit has expired. The client agrees to pay additional fees in accordance with CAX regulations.
- (g) Client acknowledges and agrees that CAX can access personal information, financial information, usage of services without prior notice. And agrees to allow CAX to use such information for research and development of technology, including the sale or use of, to any person for any purpose as appropriate, without paying any compensation to the client.
- (h) Client acknowledges and agrees that CAX can employ its subcontractor to provide services to its clients without the need for consent and without prior notice from time to time. CAX will attempt and carefully check that subcontractors are honest and lawful operators, but CAX does not endorse or take responsibility for any losses or damages from services provided by such providers. If there is any dispute, the client acknowledges that such transactions are legal acts between the client and the subcontractor, which the provider receive compensation as fees directly from the client, CAX is not affiliated with such fees or services.
The client acknowledges and agrees that all of the foregoing consent is not prejudicial and have given his/her consent explicitly. It is not an offense, stolen, or other civil or criminal offenses. And agree not to pursue civil or criminal prosecution to CAX, committees, employees, subcontractors, agents, or any person related to CAX. With this acknowledgement and consent, the client is not able to withdraw hereafter.
11.Other terms and conditions
- Subject to maximum limits permitted by law, which may vary in different countries, CAX reserves the following liabilities under limitations under the law:
- (a) Client knows that the exchange of digital currency is risky, because digital currency is not guaranteed by government or financial institutions. There are also risks of currency fluctuations and cybercrime using digital currency. This may cause clients to lose all their investments or more. However, the client has studied and understood it in detail, and use
CAX services by him/herself. CAX does not guarantee the value and legality of digital currency, so CAX is not responsible for any losses, damages, deduction, or loss of any kind to the client in any way.
- (b) Client is aware that CAX does not own digital currency or controls the digital currency protocol provided in the system, and CAX does not have the duty to monitor digital currency, protocol or any other methods of digital currency. Authentication and credibility of the digital currency and prospectus Protocol, or any other way of performing digital currency is the sole responsibility of the client, because they can be found copy and disperse for overseeing. CAX does not guarantee the accuracy, reliability or security of such digital currency and protocols. CAX is not responsible for losses, devalue, or any loss to any client in any way.
- (c) CAX is not an electronic depository or depository service provider. The client has carefully studied information and CAX security systems and considers that CAX has exercised sufficient cautions in its defense to electronic crimes. The client transfers or brings cash, deposit, or digital currency into or out from the system, means the client agrees that CAX does not accept deposits, but only a Baht Wallet or a Digital Currency Wallet service. As for the rental of storage space, CAX does not have to pay interest on deposits and is not responsible for any losses, damages or lost in cash, deposit, digital currency or any other property stored in such place. And cash, deposit, digital currency, or any other property is not insured or covered by CAX, financial institutions, government entities, or government agencies.
- (d) The client is aware that he/she is responsible for setting up a password that is difficult to guess, always changes the password, and check cash, deposit, or digital currency in the Baht Wallet or Digital Currency Wallet by him/herself. Including being aware of any other person access to his/her Baht Wallet or Digital Currency Wallet. If there is any loss, damage or lost in cash, deposit, digital currency or any other property stored in such account, CAX is not responsible for any loss or damage.
- (e) Client is responsible for preparing and maintaining hardware, software and other equipment necessary to CAX services. It is recommended that the client uses standardized and reliable software and antivirus software. And being reminded that communications such as SMS, email, website, applications, or other CAX services can be counterfeited, so the client should check the accuracy of document and information ever time before transactions. CAX is not responsible for any losses, damages or loss caused by computer viruses, spyware, trojan scanners, worms, malwares or cyber-attacks.
- (f) In case of the client’s fault; this includes, but is not limited to the failure in specifying trading price, an error in identifying account number, error of transfer or removal, the client acknowledges and agrees that any losses or damage belong to the client.
- (g) In the case that CAX deems it appropriate to terminate any digital currency exchange service, or other services, CAX will inform date and time for terminating the service in the website, application, or any other means to the client at least 3 days in advance. Except in the case of emergency. CAX must terminate the service immediately. This includes, but is not limited to the execution of a lawful order by an officer or court, or the contract that requires CAX to serve the currency has ceased, for whatever reason.
After CAX terminated the service. The clients only be able to remove the currency from the system, without any right to exchange such currency with cash or other digital currencies. In this regard, the client acknowledges and agrees that the termination of such service is not prejudicial to any such rights or obligations and has given their consent explicitly. It is not an offense, stolen, or other civil or criminal offenses. And agree not to pursue civil or criminal prosecution of CAX, committees, employees, subcontractors, agents or other person
providing CAX services. With this acknowledgement and consent, the client is not able to withdraw hereafter.
- (h) Client acknowledges and agrees that all descriptions, advertisements, prospectuses, messages data or other documents which appears on CAX's website, applications or other services are not guarantees of assurance or guarantee of accuracy, quality, reliability, security, suitability and legality of the services or information, whether directly or indirectly. Those descriptions, advertisements, prospectuses, messages data or other documents are only useful for the client in making decisions. It is the sole responsibility of the client to study and understand the subject matter, and the client is willing to use the services or trade him/herself. CAX does not use fraud or intimidation. CAX’s committees, employees, contractors, subcontractors, agents or anyone related to CAX are not responsible for losses, damages, or loss of value to the client in any way.
- (i) In case the client receives information about CAX through social media, such as Facebook, Twitter or any other application. Or social media has provided links for the client to link to CAX. CAX would like to clarify that CAX cannot control the quality or certify the content of such social media which is the third-party. CAX would like to thank to the third-party for interesting in and support CAX services, whether positive or negative, they are all useful for CAX. Whether any direction of the contents, CAX cannot be responsible for any content or information contained in such social media. CAX, therefore, requests that clients who follow and use information from the third-part, to be careful and aware of the reliability and accuracy of information and connections at all time before using the CAX services.
- (j) CAX will attempt to keep its systems safe and accessible at all time, but CAX cannot be responsible for software or hardware failures, delays or failures caused by floods, windstorms, fire, earthquakes or other natural disasters, strike, electric shortage, civil war, riot, political protest, actions of state officials, server or internet changes or fluctuations, cyber-attacks, or any other instance beyond the control of CAX.
- (k) CAX will attempt to provide the best service to its clients with transparency and fairness, but CAX cannot investigate all client transactions whether cash, deposit, digital currency, electronic information, or any other property which have been exchanged are legal or not. Although CAX best attempts to prevent thefts or other criminal offenses that would result in the client or country being the victim. However, CAX is aware that CAX cannot protect the interests of all clients, the client acknowledges and agrees that the client is voluntarily using CAX services, and CAX operates its business with transparency. CAX is not an agent, user, or supporter for a criminal offense against a client or a country. And committees, employees, contractors, agents or other person involved with the CAX is not a person who is responsible for criminal liability to the client or the country by any way.
The client acknowledges and agrees that all of the above terms, conditions, and agreements are without prejudice, and has given his/her consent explicitly It is not an offense, stolen, or other civil or criminal offenses. And agree not to pursue civil or criminal prosecution of CAX, committees, employees, subcontractors, agents, or other persons related to CAX. With this acknowledgement and consent, the client is not able to withdraw hereafter.
- (a) CAX is welcome and willing to receive all clients to submit their suggestions and comments to improve service quality, develop new service channels, or for any other purpose. Client feedbacks and suggestions are subject to the confidentiality memorandum of this agreement, and the client agrees to give his/her comments to be ownership and intellectual property of CAX without any claim for compensation. The CAX has the right to use and distribute such
comments or suggestions without restrictions, and without the prior written consent or any compensation to the client, whether the distribution is for commercial reason or not.
- (b) If the client sends comments and suggestions, which he/she is expected to receive remuneration or to own the ownership or intellectual property in his/her comments or suggestions. Please do not send any feedbacks or comments to CAX as the client's ideas may be similar with what CAX previously has, and CAX does not wish to dispute any client who is a patron.
- (c) CAX may require disclosure of a client's identity to a third party claiming that the client's suggestions or comments constitute a violation of intellectual property, privacy rights, or illegal. CAX reserves the right to remove any suggestions or comments from clients that are contrary to this agreement.
- (d) CAX would like the client to send feedbacks and comments in a polite way. CAX recognizes that occasional faults may be irritating, but the client can express their frustration through polite words. And please do not send any suggestions or comments that are obscene, sexual assault or harassment, disgrace of humanity, ethic discrimination, or violate the rights of any CAX clients or third parties.
- (e) Client may notify CAX if there are any suggestions or comments that are believed to be in violation of this Agreement, and CAX will attempt to investigate and take reasonable actions to ensure compliance with all clients.
- (a) In case of a dispute between two parties; both parties agree to make a letter to tell the other party to act or abstain, or pay the compensation to the other party. By sending the letter through electronic channel, which the client has notified, or via a complaint channel that appears on a website or application. The letter must state that the other party should take action, not less than 7 days from the date of receipt of the letter.
- (b) If the party receive the letter under article (a), fails to comply within the stated period. The other party must submit the dispute to the arbitrator before filing the lawsuit or file a petition with the court or government agency. There is one arbitrator to consider and determine the case. CAX has the right to choose the arbitrator and the place of diagnosis. The decision of the arbitrator shall be final.
- (c) The execution of any arbitration and court; the client agrees to keep the process and information confidential. If the client discloses the process or information that caused any loss to CAX, CAX may ask for further compensation.
- (d) In case of CAX is the victim, the client agrees to pay unlimited compensation, whether deliberately or negligently committed. Whether the client is a breach or direct violation, or committees, employees, subcontractors, agents, or other person acting on behalf of the client. And whether the offender is CAX, committees, employees, subcontractors, agents, or other person who suffer from harm due to any involvement with CAX. The compensation also includes damages to reputation and goodwill, loss of benefits, travel expenses, profits that CAX must earn if they can operate normally, utilities, rents and expenses paid to employees, government agencies, and owners of CAX rental facility are not able to function effectively due to such actions, charges to prevent or curtail such damages, expenses for litigation and enforcement.
- (e) In case of client is a victim, CAX agrees to pay compensation only to the damaged part, and shall not be subject to any liability under this agreement. And the compensation does not include future damages. And such damage must be directly attributable to CAX's or CAX employee's actions. If CAX has exercised utmost care to prevent harm and mitigate adverse effects on the client, such damage belongs to the client.
- (f) In case of CAX is the victim, the client allows CAX to seize those cash, deposit, digital currency electronic information, or any property stored in the Baht Wallet or the Digital Currency Wallet to check or deduct legal liabilities.
- (g) In the case of a dispute between the clients; whether one party claims that CAX is involved, all parties endorse the fact that CAX does not a representative, agent, user, supporter, or participant in such dispute. And cannot claim or sue CAX committees, employees, employees, subcontractors, agents or any person related to CAX as defendants or witnesses in the case, whether in private or as a company representative. If any client sues CAX or any of the above persons as defendants in any lawsuit, then the client waives the right to civil and criminal proceedings, do not urge to call for criminal punishment, and do not urge to claim anything in return from CAX and the person mentioned above.
- The completeness of this agreement will not affect in case of terms of the contract or one condition is invalid or unenforceable. All parties agree to use their negotiating efforts to find a way to legally comply with this agreement, or find the closest possible way.
- Both parties agree to use the law of Thailand to enforce and interpret this agreement. And the Court of Justice of the Kingdom of Thailand has the jurisdiction to judge cases arising from this agreement, the completeness and outcome of the agreement, and interpretation and operation of this agreement, including legal relationship that has occurred under this agreement.