This website located at www.opn.com (“Site”) belongs to OPN Co. Ltd. (“Opn”, “us”, “our”, and “we”). This Site and its contents are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws in their respective jurisdictions. The Terms of Service on this page (the “Terms”) set forth the terms and conditions governing your use of the Site and your access to and use of the information, content and services offered on the Site (the “Contents”).
PLEASE READ THESE TERMS CAREFULLY. YOUR ACCESS TO AND USE OF THIS SITE IS GOVERNED BY AND SUBJECT TO THESE TERMS. BY ACCESSING, BROWSING AND/OR USING THIS SITE OR ANY OF ITS CONTENTS, YOU (WHETHER ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THESE TERMS, AND, THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS INCLUDING ANY CHANGES TO THESE TERMS AS WE MAY MAKE FROM TIME TO TIME WITHOUT PRIOR NOTICE TO YOU.
There may be certain sections or features on the Site which may be subject to additional terms, conditions, guidelines or rules which may be presented to you when you attempt to access or use such sections or features. All such additional terms, conditions, guidelines and rules are incorporated by reference into these Terms. If you do not accept these Terms or any of the additional terms, conditions, guidelines or rules, please do not access or use the Site, the Contents and/or any of the sections or features (as the case may be).
1. Information on This Site
The Site is established, operated and maintained by Opn solely for the purpose of providing general information about the Opn group of companies as well as its business activities. Nothing herein this Site is intended as a recommendation to purchase, sell or hold any security or that you pursue any investment style or strategy including without limitation, into Opn, any of its affiliates, representatives or other corporations in which Opn has an interest in. Under no circumstances is the Site, its Contents or any other material therein intended to be, nor should you construe the same, as any form of accounting, legal, investment, tax or other advice howsoever from us. The information contained in this Site is not intended for investors and does not provide information material to an investor’s decision to invest in any corporation whether related to Opn or otherwise. The past performance of any investment, investment strategy or investment style is not necessarily indicative of future performance, and it should not be assumed that the results of any corporation listed on this Site will be achieved for any other corporation. You should always consult with and seek the advice of your own independent qualified advisors as to any legal, tax and economic implications relating to any investment opportunity as well as its suitability against your own portfolio.
This Site may from time to time provide a snapshot of (a) current team members; (b) vision and strategy; and (c) advisors and consultants of Opn and the Opn group of companies as of the date indicated on the relevant page. However, note that information provided in relation to the foregoing may not be complete and may vary at the discretion of Opn’s management and be further subject to change from time to time.
The Site may also contain content including links to resources, third-party sites, content, view or opinions from advisors and consultants to Opn or other guest speakers. Unless otherwise explicitly stated, all of the foregoing are personal to the individual person or entity providing such content and do not represent in any official capacity, those provided by Opn and the Opn group of companies and should not be treated as such howsoever.
The companies identified and discussed on the Site are shown for illustrative purposes only and act as case studies to aid in the exemplifying of possible activities that may be undertaken by Opn to assist in the development of said companies as well as the various forms of business activities carried out companies related to the Opn group.
The list of companies provided on the Site are selected to provide a general overview of representative examples that align with Opn’s vision at the relevant time and may not represent an exhaustive list of companies related to the Opn group. Selection is not based on their individual result or return on investment in them by the Opn group and should in no way be construed or considered by you to be any form of advertisement or solicitation of interest to invest into such portfolio companies. The list of portfolio companies, if applicable, and information related to them may be updated from time to time as indicted on the relevant page listing the date of the most recent Site update.
Under no circumstances should any information or content on this Site, be considered or intended howsoever, as:
- an offer to sell or solicitation of interest to invest in or purchase any securities in Opn, the Opn group, the portfolio companies or any other companies related to the Opn group together with any affiliates or representatives of any of the foregoing
- any form of material amounting to information to prospective investors considering an investment into Opn, the Opn group, the portfolio companies or any other companies related to the Opn group together with any affiliates or representatives of any of the foregoing
- endorsements of or testimonials to or endorsement to a prospective investor considering an investment into any company related to the Opn group, of any alleged track record of the investment performance of Opn or performance of any company under the Opn group
- any form of investment advisory service or financial advice
2. Conditions of Access
You agree that your access to and use of this Site shall be conditional upon your agreement to comply with and observe all applicable laws, regulations and directives including without limitation the laws of Thailand as well as these Terms. Further, you acknowledge and agree that your rights of access to and use of this Site is conditional upon and made subject to Opn’s grant to you of a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use upon your continued compliance with the restrictions set out herein these Terms.
Particularly, the license granted by Opn to you is subject to the following restrictions, that you shall not:
- (a) use this Site other than for lawful and proper purposes only and in any event in accordance with these Terms
- (b) intentionally create any circumstances whereby other users are affected in their access to, and use of, the Site and/or the Contents
- (c) upload, post, email, transmit or otherwise make available any content or material that –
- (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable or which creates liability on Opn’s part;
- (ii) constitutes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- (iv) interferes or attempts to interfere with the operation or functionality of this Site; or to obtain or attempt to obtain unauthorized access, via whatever means, to any of Opn’s systems or any other devices connected howsoever;
- (v) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- (vi) is otherwise in violation of any law, regulation, or obligations or restrictions imposed by any third party.
- (d) make any attempt to penetrate, modify or manipulate the Site to invade the privacy of any other user of the Site or otherwise spoof or impersonate any individual or entity
- (e) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site
- (f) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site
- (g) copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any part of the Site except to the extent expressly stated herein to be allowable.
You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of your posting on or through the Site. Your breach of any of the foregoing restrictions may result in civil or criminal liability and Opn reserves the right to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual harmful or illegal activities involving any breaches of these restrictions.
Opn reserves all rights not granted in these Terms. For the avoidance of doubt, there are no implied licenses granted under these Terms. Opn may, at any time, modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof. You further acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Site.
The Site, together with the Contents and all other content and materials on the Site (including without limitation, information, photos, graphics, links, icons, software, code, design and overall appearance) are the property of Opn and the Opn group. Except as otherwise stated, all names, logos and marks relating to Opn, its products, services or companies under the Opn group used on the Site are registered trademarks and service marks of Opn (or the respective Opn group company). All of the foregoing is protected by international copyright, trademark and other intellectual property laws.
You acknowledge that all intellectual property rights including copyrights, patents, trademarks, and trade secrets, on the Site and in the Content are owned by us. Neither these Terms nor the license granted to you pursuant to these Terms transfers to you or any third party any rights, title or interest in or to such intellectual property rights except as stated expressly herein these Terms.
Accordingly, without the prior written consent of Opn, you are prohibited from copying, downloading, distributing, displaying, performing, adapting, publishing, using, modifying or reproducing in any manner, any of the Content (whether in whole or in part) and any trademarks and/or service marks of Opn (or the respective Opn group company).
All logos and trademarks of third parties referenced on this Site are the trademarks and logos of their respective owners. Any inclusion of such trademarks or logos does not imply or constitute any approval, endorsement or sponsorship of or by Opn of their respective owners.
This Site, the Services and all of its contents, including the Content and any other information and material contained or referred to in each page of the Site and those provided by or belonging to third parties, are provided on an “as is” and “as available” basis without guarantees, endorsements, representations or warranties of any kind, either express, implied or statutory, including without limitation, in respect of any accuracy, quality, completeness, timeliness, merchantability, fitness for a particular purpose, non-infringement or title of any software, communications, transmissions, information, data or service provided. Any condition or warranty which may be implied or incorporated by reason of statute or common law or otherwise is hereby expressly excluded.
Opn, the Opn group and its affiliates do not warrant the accuracy, adequacy, completeness, reliability, timeliness of the information and materials contained on the Site as well as the Content or that your access to the same will be error-free or uninterrupted. While Opn uses commercially-accepted methods to secure the Site, Opn does not guarantee, represent or warrant that the Site will be invulnerable against security breaches, nor that access to the site is protected from all viruses, worms, trojan horses, any other vulnerabilities or code of the like that may contaminate or cause destruction to the connecting devices. As the internet is an inherently insecure, publicly accessible network subject to access at multiple locations and parties, any data transmitted, even when transmitted with security protections, is subject to possible access, modification, diversion, corruption and disclosure by unintended parties. Accordingly, Opn does not guarantee that any information you transmit to us (whether via e-mail or otherwise) will be received by us nor warrants the privacy and/or security of its transmission. You acknowledge and agree that you access the Site and its Content (including any content accessed or downloaded or transmitted from or through the Site) at your own risk and Opn neither assumes nor accepts liability for any loss or damage (whether direct or indirect) howsoever caused resulting from your use of or access to the Site, the Content or any content posted, contained, transmitted or displayed through the same. Your sole remedy is to discontinue your use of the Site and the Contents.
The Site may contain information, data, opinion and research materials by third parties or hyperlinks to external websites (“External Sites”) containing the same. All of the foregoing are provided for your information and solely for your convenience only and Opn neither approves of or endorses any material contained therein and shall not be responsible for any defects, errors or omissions of the same. Opn has no control over and excludes all liability (whether directly or indirectly) from the accuracy or otherwise of your use of such third-party materials and External Sites including the privacy and security practices employed by these External Sites. You acknowledge and agree that you access and use such third-party material and External Sites at your own risk.
The Site, its Content (including those by third parties) including any reference therein to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, are provided by Opn in good faith solely for the purposes of information and are not customized for any specific person or purpose and should not be used as a basis for making business or investment decisions and should not be relied upon for any purposes in relation to the same as such. Nothing herein this Site and its Content is to be construed as any form of advice, recommendation, offer or solicitation of any offer to sell or buy any interests in any securities or commodities or class of securities or commodities nor shall anything herein form the basis of any contract or commitment whatsoever. Opn accepts no liability for any loss (whether direct, indirect or consequential) arising out of or in connection with the use of the Site and any of its contents. You are advised to seek independent expert advice to confirm any information prior to your choice to rely on the same.
Opn expressly disclaims all forms of liabilities arising out of or in connection with your use (and reliance thereof) of the Site, its Contents as well as any other information or material provided in the Site including any errors or omissions to the same or that any defects will be corrected whether Opn is made aware of the same or not.
5. Limitation of Liabilities and Indemnities
To the maximum extent permitted by law, Opn accepts no liability and in no event shall Opn, the Opn group of companies nor any of its directors, officers, employees, agents and affiliates be liable to you or any third party for any loss or damage whether directly or indirectly (including special, incidental, exemplary, punitive or consequential loss or damage) arising out of or in connection with your access to and or use of the Site, its Content and any information or material therein, howsoever arising, including any loss, damage or expense arising from, but not limited to, any defect, error, imperfection, fault, mistake or inaccuracy in, of or on the part of (as applicable) the Site, its Contents, due to any unavailability of the same (including any part thereof), loss of data, lost profits, costs of procurement of substitute products or damage to the device or system used to connect to the same; even if Opn has been advised of the possibility of such damage.
You acknowledge that access to, and use of the Site and the Contents are at your own risk and discretion and that you agree to indemnify and hold harmless Opn at all times against any and all actions, proceedings, costs, claims, expenses (including legal costs on a full indemnity basis), demands, liabilities, losses (whether direct, indirect or consequential) and damages (whether in tort, contract or otherwise) whatsoever and howsoever arising, including without limitation, claims made by any third party and claims for defamation, infringement of intellectual property rights, death, bodily injury, wrongful or misuse of computers, unauthorized or illegal access to computers (including but not limited to hacking), property damage or pecuniary losses which Opn may sustain, incur, suffer or pay arising out of or in connection with your access to and or use of the Site and the Content, whether or not such access or use was authorized or whether it was due to any act or omission on your part; the foregoing which shall be without prejudice to any other rights and remedies which avail to Opn in law.
6. Privacy and Submission of Information
By providing Opn with any information or materials, you understand, acknowledge and agree that unless otherwise agreed in a separate contract between Opn and you or required by applicable law, Opn shall not be under any obligation of confidentiality towards you and such information and/or materials will not be treated as confidential or proprietary by Opn. Accordingly, you should not submit to us any information that you consider confidential, proprietary, a trade secret or other information that you would not want us to use in our absolute discretion. Furthermore, information submitted or provided by you may become publicly accessible and Opn shall not be liable to you nor responsible for any misuse or disclosure of such information and/or materials provided by you notwithstanding your classification of the same as confidential or proprietary.
Opn operates, controls and maintains the Site and its Contents from Thailand and accordingly, you agree that these Terms shall be governed by and construed in accordance with the laws of the Kingdom of Thailand, without regard to its conflict of law rules, and that you hereby submit to the exclusive jurisdiction of the courts of the Kingdom of Thailand.
The Site and its Contents are not intended for access from, distribution to, or use in, any jurisdiction where such access, distribution or use would be contrary to applicable law. You are responsible for your compliance with applicable local laws and regulations from the place in which you access or use the Site at all times and Opn makes no representation that the Site, it Contents and any other information or material contained herein is appropriate or available for use in your specific location or jurisdiction.
Opn reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Site and/or the Contents, with or without notice. Opn further reserves the right to modify these Terms at any time without notice to you by posting a notice to the Site. You should visit the Site periodically to review the current terms and conditions.
The failure of Opn to act on, exercise or enforce any provision of these Terms will not be construed as a waiver of that provision or any other provision in these Terms. If any provision of these Terms are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. No waiver will be effective against Opn unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance.
Except as expressly agreed in writing between Opn and you, these Terms constitutes the entire agreement between Opn and you with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter; provided, that you may also be subject to additional terms and conditions that are applicable to certain parts of the Site as aforementioned. You may not assign these Terms or any of your rights or obligations under these Terms without our express written consent. These Terms inure to the benefit of Opn’s successors, assigns and licensees.
If you require further clarifications regarding these Terms, the Site or the Contents, please contact Opn at firstname.lastname@example.org
Effective Date: 1 April 2021
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