Morningstar Research (Thailand) Limited Web Site Terms and Conditions
These are the general terms and conditions of Morningstar Research (Thailand) Limited ('Morningstar')
for use of the Morningstar web site (the 'Site'). Please read these terms and conditions
carefully as your use of the Site is subject to them. Morningstar reserves the right
at its sole discretion to change, modify or add to these terms and conditions without
prior notice to you. By continuing to use the Site you agree to be bound by such
amended terms.
1. What you are allowed to do
You may:
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(a)
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browse the Site and view the information on it for private, non-commercial use only;
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(b)
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print off pages from the Site to the extent reasonably necessary for your use of
the Site in accordance with the above.
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provided that at all times you do not do any of the things set out in clause
2.
2. What you are not allowed to do
Subject to these terms and conditions, you may not:
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(a)
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systematically copy (whether by printing off onto paper, storing on disk or in any
other way) substantial parts of the Site;
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(b)
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remove, change or obscure in any way anything on the Site or otherwise use any material
contained on the Site except as set out in these terms and conditions;
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(c)
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reproduce, retransmit, disseminate, sell, publish, broadcast, nor the Site and anything
available from the Site be used in connection with creating, promoting, trading,
marketing investment products without the express written consent of Morningstar
Research (Thailand) Limited or its information providers; or
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(d)
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for unlawful purposes and you shall comply with all applicable laws, statutes and
regulations at all times.
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3. No Investment Advice
You acknowledge that:
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(a)
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Morningstar does not provide investment advice and that nothing on the Site constitutes
investment advice (as defined in the Financial Services Act 1986) and that you will
not treat any of the Site's content as such;
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(b)
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Morningstar does not recommend any financial product;
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(c)
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Morningstar does not recommend that any financial product should be bought, sold
or held by you; and
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(d)
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nothing on the Site should be construed as an offer, nor the solicitation of an
offer, to buy or sell securities by Morningstar
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(e)
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information which may be referred to on the Site from time to time may not be suitable
for you and that you should not make any investment decision without consulting
a fully qualified financial adviser.
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4. Access
The Site is directed exclusively at users located within the Kingdom of Thailand and
as such any use of the site by users outside the Thailand is at their sole risk. By using
the Site you confirm that you are located within the Thailand and that you are permitted
by law to use the Site.
5. Your personal information
Morningstar's use of your personal information is governed by Morningstar's Privacy
Policy, which forms part of these terms and conditions.
6. Copyright and Trade Marks
6.1 All copyright and other intellectual property rights in any material (including
text, photographs and other images and sound) contained in the Site is either owned
by Morningstar or has been licensed to Morningstar by the rights owner(s) for use
by Morningstar on the Site. You are only allowed to use the Site and the material
contained in the Site as set out in these terms and conditions.
6.2 The Site contains trade marks, including the Morningstar name and logo and the
'QuickTake' and 'Morningstar Rating' marks. All trade marks included on the Site
belong to Morningstar or have been licensed to Morningstar by the trade mark owner(s)
for use on the Site. You are not allowed to copy or otherwise use any of these trade
marks in any way except as set out in these terms and conditions.
7. Posting comments
Users agree that by posting comments on various articles and sections of the website
(“Posting Comments”) they automatically grant, and represent and warrant that they
have the right to grant, to JS-Kit a non-exclusive, royalty-free, worldwide license
to also display their posted comments on other Morningstar sites and/or JS-KIT websites
(“JS-Kit Network”).
8. Exclusions and limitations of liability
8.1 Morningstar does not exclude or limit its liability for death or personal injury
resulting from its negligence, fraud or any other liability which may not by applicable
law be excluded or limited.
8.2 Subject to clause 8.1, in no event shall Morningstar be liable (whether for
breach of contract, negligence or for any other reason) for (i) any loss of profits,
(ii) exemplary or special damages, (iii) loss of sales, (iv) loss of revenue, (v)
loss of goodwill, (vi) loss of any software or data, (vii) loss of bargain, (viii)
loss of opportunity, (ix) loss of use of computer equipment, software or data, (x)
loss of or waste of management or other staff time, or (xi) for any indirect, consequential
or special loss, however arising.
8.3 Subject to clauses 8.1 and 8.2, Morningstar's liability to you whether in contract,
tort or otherwise is limited to a maximum of ?50.
9. Disclaimer
9.1 ALL INFORMATION CONTAINED ON THE SITE IS FOR GENERAL INFORMATIONAL USE ONLY
AND SHOULD NOT BE RELIED UPON BY YOU IN MAKING ANY INVESTMENT DECISION. THE SITE
DOES NOT PROVIDE INVESTMENT ADVICE AND NOTHING ON THE SITE SHOULD BE CONSTRUED AS
BEING INVESTMENT ADVICE. BEFORE MAKING ANY INVESTMENT CHOICE YOU SHOULD ALWAYS CONSULT
A FULLY QUALIFIED FINANCIAL ADVISER.
9.2 ALTHOUGH MORNINGSTAR USES ITS REASONABLE EFFORTS TO ENSURE THAT INFORMATION
ON THE SITE IS ACCURATE AND COMPLETE, WE CANNOT GUARANTEE THIS TO BE THE CASE. AS
A RESULT, USE OF THE SITE IS AT YOUR SOLE RISK AND MORNINGSTAR CANNOT ACCEPT ANY
LIABILITY FOR LOSS OR DAMAGE SUFFERED BY YOU ARISING FROM YOUR USE OF INFORMATION
CONTAINED ON THE SITE. YOU SHOULD TAKE ADEQUATE STEPS TO VERIFY THE ACCURACY AND
COMPLETENESS OF ANY INFORMATION CONTAINED ON THE SITE.
9.3 Information contained on the site is not tailored for individual use and as
a result such information may be unsuitable for you and your investment decisions.
You should consult a financial adviser before making any investment decision.
9.4 The Site includes advertisements and links to external sites and co-branded
pages in order to provide you with access to information and services which you
may find useful or interesting. Morningstar does not endorse such sites nor approve
any content, information, goods or services provided by them and cannot accept any
responsibility or liability for any loss or damage suffered by you as a result of
your use of such sites.
9.5 Morningstar is unable to exercise control over the security or content of information
passing over the network or via the Service, and Morningstar hereby excludes all
liability of any kind for the transmission or reception of infringing or unlawful
information of whatever nature.
9.6 Morningstar accepts no liability for loss or damage suffered by you as a result
of accessing Site content which contains any virus or which has been maliciously
corrupted.
10. Availability and updating of the Site
10.1 Morningstar may suspend the operation of the Site for repair or maintenance
work or in order to update or upgrade its content or functionality from time to
time. Morningstar does not warrant that access to or use of the Site or of any sites
or pages linked to it will be uninterrupted or error free.
10.2 Morningstar may change the format and content of the Site at its sole discretion
from time to time. You should refresh your browser each time you visit the Site
to ensure that you access the most up to date version of the Site.
11. Enquiries or complaints
If you have any enquiries or complaints about the Site then please address them
(within 30 days of such enquiry or complaint first arising) to :
Paul Barnes, Head of Operations, Morningstar UK
1 Oliver's Yard, 55-71 City Road, London, EC1Y 1HQ
email: paul.barnes@morningstar.com
12. General and governing law
12.1 These terms and conditions form the entire understanding of the parties and
supersede all previous agreements, understandings and representations relating to
the subject matter. If any provision of these terms and conditions is found to be
unenforceable, this shall not affect the validity of any other provision. Morningstar
may delay enforcing its rights under these terms and conditions without losing them.
You agree that Morningstar may sub-contract the performance of any of its obligations
or may assign these terms and conditions or any of its rights or obligations without
giving you notice.
12.2 Morningstar will not be liable to you for any breach of these terms and conditions
which arises because of any circumstances which Morningstar cannot reasonably be
expected to control.
12.3 These terms and conditions shall be governed and interpreted in accordance
with English law, and you consent to the non-exclusive jurisdiction of the English
courts.
13. Registered Office
The Offices at Central World
8th Fl 999/9 Rama 1 Road
Pathumwan Pathumwan
Bangkok 10330
Phone Number +66 2 251 9730
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