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88667_JBP AMG Voting Terms & Conditions (EN) draft 220420
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Jaymart Blockchain Platform Application or JBP Application

Terms and Conditions

Terms and Conditions of use

These Terms and Conditions of use and Privacy Policy (Hereinafter referred to “Terms and Conditions”) shall governs the agreement between Jaymart Public Company Limited (Hereinafter referred to “The Company”) and its users (Hereinafter referred to “Users”) or the customers (Hereinafter referred to “Customers”)

Definition

“JBP Application” or “Application” means an application which serves as a way to enable users or customers to vote in various annual general shareholder meetings through E-Voting technology enabling them join and vote in an annual general meeting through the application. This is to increase the value for the company and maximize return for the shareholders through convenient voting methods along with preventing the disclosure of shareholders' names and different kind of complex problems regarding the voting procedures of proxies.

Identity Assurance Level or IAL” means the level of stringency in an identification process (Identity Proofing) of a subscribing user who wants to conduct online transactions with a digital ID (Digital Identity or Digital ID). It ensures that the identity that the user claims is the genuine identity of the user. It reduces the chance of false authentication.

Authenticator Assurance Level or AAL” means the stringency level in the identity verification process (Authentication) of users. This is to assure that users whose identity has been proven is the genuine owner or possessor of the authenticator. A proper application of AAL will reduce the chance of false identity verification.

Personal Information” consists of first name, last name, date of birth, ID card number, gender, address, nationality, contact number, marital status, occupation, company name, working address, income, photos, etc.

1. General Terms and Conditions

1.1 By downloading, installing or using the Application, users and / or customers accept the Terms and Conditions as stated herein. The company allows users and / or customers to use this application on the communication devices of users or customers which the service user or customer must agree to the Terms and Conditions of using this application where it shall apply to the service and any relationships between users, customers and the company immediately when users start using the application. The company deems that the user and / or the customer have agreed to accept and abide by the Terms and Conditions set forth. This includes, but is not limited to, accepting that users and / or customers are qualified and have the ability to become a contractual party in accordance with the application’s Terms and Conditions. And the user and / or the customer agree to be bound by the Terms and Conditions of use and all documents referenced in all respects as specified in this application. Therefore, users and / or customers should carefully read the Terms and Conditions of the company before using it. If the users and / or customers disagree, do not accept or refuse to comply with the Terms and Conditions of using this application. The company asks the users and / or customers to stop downloading, installing or using immediately.

1.2 Users and / or customers can apply for application services via mobile phone or a tablet that can connect to the company's services. The application registration and user account creation by using this application, users and / or customers certify and confirm that the information used to register, whether they are phone numbers or e-mail address or any other information used to register is true and correct information of users and / or customers.

The application registration shall be effective when the users and / or customers receive the One Time Password (OTP) for confirming the application via the telephone number provided by the service users and / or customers including electronic mail confirmation and identity verification by filling out information, sending documents such as ID cards, according to specified conditions by services and certain features related to member registration in order to create an account and / or client accounts in which the service users and / or customers agree and give consent to provide correct and current information and are always up to date.

The company has the right to suspend or cancel the registration of the users’ account and / or the customers if it appears that the users and / or the customers provided false, incorrect, incomplete or any reason to believe that users violated the Terms and Conditions or the Terms and Conditions of use of the application. The company also reserves the right to suspend or cancel the registration of the account of the users and / or customers without prior notice.

1.3 Users and / or customers must specify a Username and Password including but not limited to accounts or code in the aforementioned manner manually to access the application according to the method and conditions specified by the company. In the event that the company changes the method of accessing the application, users must carry out the procedures specified by the company.

User accounts are intended for specific use. And is the sole owner of the account. Users cannot transfer or lend their accounts to any third parties and any third parties cannot take over the account from users. If any damage occurs, the service users are entirely responsible.

1.4 In the event that the users and / or customers forget the code or wish to change any code, the users and / or the customers can change that code by themselves at any time By performing according to the methods and conditions specified by the company And agree that the changed code is a code for use of the service that is binding on the service users and / or the customers in all respects, the users and / or the customers are aware that the code is confidential information that the users must keep and that absolutely no other person shall know, even the company itself.

If there is any change, users and / or customers shall be responsible for keeping the password. The service users and / or customers who own the account are responsible for all actions that occur under the said password or account. In addition, if the service users and / or the customers cannot remember the password or account, the company shall not be responsible, whether directly or indirectly, for any loss or damage caused by such incidence.

1.5 Any action through application if done by using the user's account and / or the customer’s , that action is considered valid since the time the transaction is confirmed, as well as it is considered that the user and / or the customer has signed an electronic signature provided to the company as evidence in those transactions through such service, in which the users and / or customers do not have to sign on any other paper document and agree that the said transaction information shall be able to use as original document that can be used as evidence to prove that users and / or customers have made the transaction and able to use that information in legal proceedings with the user and / or the customer. The user and / or the customer agrees to accept and be aware of the risks associated with using the service via electronic channels because the service user and / or customer can process the transaction by themselves without the need for documents or any other evidence confirming further.  However, whether or not it occurs with third party fraud. The company shall not be responsible if any errors or defects or damages may arise and the users shall not use them as a confirmation of a claim and / or use them as evidence to file a law suit against the company in any way.

1.6 By using the application, when users and / or customers use this application, users and / or customers agree and accept to use this application only for lawful purposes and in line with the purpose of the application. The company does not guarantee that this application shall be compatible with hardware and software or all communication devices being used by users. The company shall not be responsible for damages, viruses or any other code which may affect the devices, software, data, communication devices or other property of users and / or customers caused by downloading, installing, accessing, receiving data or using of this application and the company shall not be responsible for any actions of third parties as well. The company reserves the right to change or improve this application including various information that has been described or displayed on the application without any notification or prior notice and in the event that it is necessary, the company may temporarily suspend access to the application or disable it indefinitely in which the company shall not have any liability to users regardless of any circumstances.

1.7 In the event that the username and / or the equipment used for making a transaction, such as mobile phones or tablets, are damaged, lost or stolen. Users and / or customers must notify and / or request to suspend the transaction and / or request to suspend the use of any electronic service and / or request to freeze or suspend the use of such username or the device used to conduct the transaction immediately.

The company shall proceed to suspend the transaction and / or suspend the use of any electronic service and / or seize or suspend the use of the username and the device used to make transactions as soon as the users have passed the account ownership checking process in accordance to the procedure and method as specified by the company. In this regard, the users and / or the customers agree that any transactions or transactions made with the user's account (Username) or equipment of the user and / or customer before the company suspends or freezes, shall be binding on the users and / or customers and that users and / or the customers agree to be responsible and accept to pay the costs including but not limited to damages related to the company in all respects.

1.8 In case of the computer system or the communication system of the company or of users and / or customers or of the Internet Service Provider or of the Mobile Operator, electrical system, telecommunication system or any other system related to providing application services are damaged, is in the process of being repaired or temporarily closed for maintenance or for any other reason causing users to be unable to use the application. The users agree not to take the aforementioned incident into a claim for the company to be responsible in any way.

1.9 Users and / or customers acknowledge that by providing application services, the company may require a reasonable amount of time to carry out the necessary procedures in order to provide services. The users and / or customers shall not claim that the company shall be responsible for any damage caused by the delay in the process of operation.

1.10 In the event that any errors or queries are found in the use of the service, the users and / or customers must immediately notify the company together with providing information related to the date and time of the transaction, contract name, contract number, type of service, amount of money (if any), contact location (if any), occurrence of errors, reference number (if any) and / or any other relevant information as appropriate. After the company has been notified by the aforementioned users. The company shall proceed to check for errors by considering from the report which is considered as evidence of the company together with the contract number of the users. In which the company shall notify the users of the examination results and / or the customers within the specified time from the date of examination results. In this regard, the company shall try to resolve the said error within the specified time by using the rules and procedures of the company, the company has no liability whatsoever throughout the period that the errors have not yet be resolved or users and / or customers are unable to use the service.

1.11 Users and / or customers agree that all books, letters, and notices of the company sent by the company to users and / or customers by mail to the users’ and / or customers’ addresses or by electronic mail (E-MAIL) provided by users and / or customers to the company, shall be deemed as a legitimate delivery. However, the users and / or customers are obliged to notify the company in writing as soon as the users’ addresses are changed.

1.12 Users and / or customers agree for and allow the company or the application to present commercial information such as product information and various services, marketing information, promotions and sales promotions, etc. The said information shall be identified as notifications and announced within the application and / or delivered to the electronic address such as E-MAIL address and mobile phone number. However, the company reserves the right to exercise discretion in determining, changing, suspending, denying or canceling the exercise of such promotional rights at any time without needing to give prior notice to users and / or customers.

1.13 The company reserves the right to cancel the Terms and Conditions or to revoke any or all of the rights of users and / or customers obtained under such Terms and Conditions at any time. At the end of this agreement, users and / or customers agree to cancel access to all data usage in the company’s application including the use of this application in whole or in part. The termination of this agreement shall not affect legal rights and obligations (including but not limited to payment obligation) of the service that occurred before the termination date. The users acknowledge that the company shall not be responsible to the users and / or customers or to any other persons resulting from any suspension of such service.

The Users

2. Terms and Conditions for users

2.1 Users must register and attend an IAL test with the officer (Dip Chip), then log in with AAL 2.2 and select the meeting for which they are eligible.

2.2 In case of granting a proxy to others to attend the meeting, users must choose a certified representative and the proxies shall proceed to register or attend the IAL test with the officer (Dip Chip) as well. Then the proxies shall log in with AAL 2.2, register as an agent and thus, proceed to vote on each agenda respectively until finished.

2.3 Application or the company will consider the users to have the right to vote only when there is a registration in accordance to article 2.1 and only when there is an order granting permission for users to attend the meeting. You can see the definition of the word registration and permission to attend the meeting at “registration and permission to attend the meeting”.

3. Services

3.1 Users or customers can advertise the announcement of a meeting call for shareholders and proxies to be notified of the event in order to attend the meeting on the specified date on the application.

3.2 Information attached in the meeting including but not limited to meeting content, the meeting agenda of users shown on the application are considered content created by users or meeting administrator. The Users or meeting administrator shall be solely held responsible for an accuracy of all meeting material, meeting contents, meeting procedures, quorum and minutes.  

3.3 Meeting materials and documentation including but not limited to data, meeting content, the agenda of users posted by the users are entitled to be deleted by the application and / or the company if the said meeting materials and documentation do not comply with the agreement, such as they being materials and documentation containing illegal content and violating the rights of others, being materials and documentation that violate of copyright or intellectual property of others, being materials and documentation or data that is considered pornographic or that the application or the company may deem inappropriate including intentionally imitating other services and spammy jobs or information Deceive customers Violating various third party agreements .

3.4 The user's account may be suspended if the works of the users are deleted for the reasons according to the above reasons.

3.5 The meetings those have been removed for the reasons listed above shall not be fixable or recoverable within the system.

3.6 The URLs specified on the meetings’ detail page that take customers to an application other than the application may be considered inappropriate use of the application system.

3.7 The meetings can contain videos that have been approved for use as a video in the service description of the users.

3.8 Users cannot amend meetings’ detail that affect the change of agreements of the company or the application.

4. Request to cancel or postpone a meeting and canceling orders

If any

5. Recording and disclosure of personal information

5.1 The users and / or the customers agree to allow the company or the application to contact, collect personal information and user’s service usage information with the company or the application and allow the company or the application to transfer, use and / or disclose such personal information to affiliates, auditors, external auditors of the company, financial institution, government, claims assignee and / or any juristic person or individual that the company or the application is a contractual party with or has a relationship with, both in Thailand and overseas, as necessary and appropriate. However, this consent shall be considered in full force and effect unceasingly even though the use of this service or product has been canceled or the users and / or the customer will no longer use the service or product. The users and / or the customers have the right to request the application to return personal information at any time.

5.2 The service users and / or the customers agree that the records, evidence, or any documents that the company or the application has created due to the use of the service of the users and / or the customers are accurate without requiring the users and / or the customers to examine or sign in any way and can be used as evidence for proof of debt, deductions, transfers, and / or any use of the service, even if the information is kept and / or collected in electronic information or in any form whatsoever. The users and / or the customers shall have the right to receive documents supporting the transactions of the users and / or the customers.

5.3 The users and / or the customer accept and agree to disclose personal information of the users and / or the customers such as name, date of birth, address, and details necessary for billing, providing and receiving services in order for the company or the application including employees and / or agents to be able to proceed in accordance to this contract or relevant contracts conveniently for the purpose of providing the service of the application and providing convenient services. In this regard, the company or the application has agreed with the service provider and / or the customers that the service provider  must maintain the personal information of the users in compliance with the privacy policy of the company and the laws.

6. Interpretation and enforcement of laws

These terms and conditions must be interpreted and enforced in accordance with the laws enforced in the Kingdom of Thailand.

7. Integrity of terms and conditions

If the terms and conditions or any agreement in this document is void, incomplete, contrary to the law or unenforceable for any reason, the terms and conditions or the part of the terms that are invalid, incomplete, contrary to the law or unenforceable are to be separated from the terms and conditions or agreements that are completed and still be in full force and effect.

8. Modification or amendment of service terms and conditions and privacy policy.

The company or the application may update or amend these terms and conditions and privacy policy without giving prior notice to the users. The continued use of the users and / or the customers constitutes the user's valid and irrevocable consent and acceptance of such terms and conditions as amended or added. The users shall check the terms and conditions regularly during the use of service since there may not be a separate notification regarding the amendment to the terms and conditions. This is to say, it is for the appropriateness and efficiency of the service, including the changing of the rules of law. The users and / or the customers shall have the right to cancel using the service if not agree to the said terms and conditions being modified or added.

9. JBP Payment Service

9.1 JBP processes payments through Jfin Wallet (the Jfin Walllet Application), which is the internet service provided by J. Ventures Co., Ltd. through various systems and technology devices. This application was created in the form of a Technology Platform with the objective of being able to be used to receive or pay for digital tokens. Customers can conveniently make transactions with Jfin Coin through the Jfin Wallet application. The application will be provided to assist and facilitate you ("Users").

9.2 Every exchange or transfer of Jfin Coin out of the wallet there will be no verification on the recipient’s wallet, which is the responsibility of the sender to verify that the recipient's information is correct. All JFin Coin exchanges cannot be canceled or reversed once they have been sent.

9.3 Jfin Wallet stores the private key information of every user in the storage that is strictly secured and being regularly backed up according to the security standards of the company. If there is any damage occurs to the storage, there might be a necessity to delay the exchange of JFin Coin due to the Restore Backup process, which is a normal process that the users may have to unwillingly accept the delay that may occur.

9.4 Jfin Wallet does not support operations that are different from normal exchange operations and shall not be responsible for the loss that may arise from such event considered as the risk of the users themselves and the users shall be held responsible solely for their actions taken and the effect of such actions that occurred on the service.

For further information about user account requirements, electronic transactions, and the terms and conditions for requesting to freeze an account, please see "JFin Wallet Terms and Conditions"

10. Disclaimer

The company and the application are not responsible in the following cases,

        Loss of business income, goodwill or profits arising from this agreement.

•        Unauthorized access or alteration, theft or destruction of users' applications Including any damage to the users’ intellectual property.

•        Consequences accompanying a delay or errors relating to the use of the application by the users caused by situations beyond control of the company or the application.

•        Error, inaccuracy, incompleteness or inadequacy of information used in meeting, including, but not limited to, meeting material, meeting contents, agenda, meeting procedures, quorum and minutes.

•   Any loss or damage that is not caused by a violation of this agreement or a breach of the legal obligations of the company or the application.

•        Any loss or damage which is not a result of violation of this agreement or breach of the legal obligations of the company or the application. The loss or damage, that is, "the loss or damage that is reasonably expected" in the situation that the company or the application is making this agreement or

•        In case of the computer system or the communication system of the company or of users and / or customers or of the Internet Service Provider or of the Mobile Operator, electrical system, telecommunication system or any other system related to providing application services are damaged, is in the process of being repaired or temporarily closed for maintenance or for any other reason causing users to be unable to use the application. The users agree not to take the aforementioned incident into a claim for the company to be responsible in any way.

         Users acknowledge that any subscription of any service, users must provide a reasonable period of time for the company to take the necessary actions to provide the service. The service users will not claim that the company is responsible for any damage caused by the delay in the process of operation.

11. Fees and expiration dates

The company shall not charge any fee for downloading, installing, or using the application. If a fee is charged, the users and / or the customers will be notified in advance.

12. Handling of complaints

The company or the application reserves the right to amend the accounting transaction of the users. If the company considers that there is an error in billing or issuing a receipt or any other error about accounting. If the users and / or the customers have questions about transaction history or any amendments or if there is a dispute regarding the transaction or any amendments regarding the users’ and / or customers’ accounts, please contact the customer care team of the company or the application via phone number [-] The company or the application will inspect and notify results including correcting any errors that the company has completed checking within a reasonable time. The company or the application shall not be responsible for any billing errors, assuming that the amount on the receipt or online statements of the users and / or the customers are completely correct unless the users and / or the customers inform the company within sixty (60) days from the date of the transaction, the users and / or the customers should check the transactions and balances in their accounts regularly.

13. Termination of the agreement

The company or the application may suspend or terminate this agreement at any time by giving an appropriate prior notice. However, the company or the application does not need to notify the users and / or the customers that there are important reasons for determining the immediate cancellation (for example, if there is a suspicion of deceptive or unauthorized service) if the company or the application terminate this agreement in the event that the users and / or customers did not violate this agreement, the company or the application shall refund or issue credit as equal to the remaining balance within the users’ and / or customers’ accounts, deducted by any amount owed to the company. In the event that this agreement is terminated, this part of agreement shall remain effective between the company or the application and the users and / or the customers for any action done by either party during the period that this agreement is still in effect.