Terms and Conditions Concerning Mutual Fund Account Opening, Trade, Unit Switching and the Use of any other Service via the Mobile/Web Application or Online Systems of Aberdeen Asset Management (Thailand) Ltd.
The service user (“you” or “the Investor”), by logging into, and/or using the password and/or submitting a request to open a mutual fund account, placing an order to trade or switch mutual fund units or using any other service via the mobile/web application or any online system of Aberdeen Asset Management (Thailand) Ltd. (“the Management Company”), either by himself or by giving permission or consent for an authorized investor contact to do so, accepts and agrees to comply with all Terms and Conditions concerning mutual fund account opening, trade, unit switching and the use of any other service via the mobile/web application or online systems described below and those described specifically in any part of mobile/web application and online systems (referred to collectively as “Terms and Conditions”).
You acknowledge and agree that these Terms and Conditions are subject to change without notice and by logging into the mobile/web application or online systems after any change is made, you agree to any change that has been made to the Terms and Conditions. If you disagree with or refuse to comply with any of the Terms and Conditions, you shall stop visiting and using the mobile/web application or online systems immediately.
2. The Investor consents to let the Management Company collect, use, send, transfer outside Thailand or disclose information of the Investor, including any information in all the mutual fund accounts that the Investor has with the Management Company to the following persons the Management Company deems appropriate for the purpose of inspection and/or compliance with domestic and foreign laws and/or for the purpose of servicing, improving services, assessing information, offering investment products, providing investment advice, collecting, analyzing, modifying, statistically operating and/or for the operation of the Management Company or fund and/or for compliance with the obligations that the Management Company or the fund has to comply with:
- A person relating to the operation or investment of the Management Company or the fund;
- The distributors or Investor’s fund account manager (freelance IC) whom the Management Company appoints to contact the Investor, or a person whom the Securities and Exchange Commission assigns to contact the Investor, and the Management Company assigns to manage the Investor’s fund account
- Any state authority or agency both in Thailand and overseas; and
- Any person whom the Management Company deems necessary to use such information for the purposes mentioned above.
The Investor is entitled to revoke the above consent under the conditions stipulated by law. The Investor must notify the Management Company via email email@example.com and acknowledge that the revocation of such consent may impact services provided by the Management Company.
3. In the event the Investor fails to comply with the request of the Management Company for the provision of additional information, documents and/or consent for the discharging of duties by the Management Company or the fund as required by the domestic or foreign law or pursuant to the obligations that the Management Company or the fund have to comply with or where it is necessary for the operation or investment of the Management Company or the fund, or the Investor fails to comply with the Terms and Conditions for the mutual fund account opening, the Investor accept and agrees that the Management Company may suspend any services related to the Investor’s fund account including the closing of the Investor’s fund account. In this regard, the Investor hereby authorizes and irrevocably consents to the Management Company to close the Investor’s fund account and/or to redeem the investment units for the closing of the Investor’s fund account, as the Management Company deems appropriate as if such action has been taken by the Investor itself. The Investor agrees not to demand/claim for any damages arising thereof from the Management Company.
4. The Investor acknowledges and agrees that the Management Company reserves the right not to approve or accept the mutual fund account opening application form or not to proceed with any transaction of the Investor in whole or in part without having to provide any reason to the Investor and the decision of the Management Company is deemed final. In this regard, the right to reservation pursuant to the terms of service, the duty of the Management Company specified in the fund prospectus and other conditions and terms prescribed by the Management Company shall be included.
5. Upon the completion of a mutual fund account opening, the Management Company has a duty to send useful information relating the investment of the investor through channels that the Management Company deems appropriate as mentioned in clause 11. Such information shall include but not limited to Market/Economic Overview, fund investment update, new fund launch, investment promotion, etc.
6. The Investor confirms that prior to each investment, the Investor has already received a fund prospectus or investment handbook for LTF, SSF, RMF or funds with any other tax benefits, as the case may be, or other documents used in the sale of investment units from the Management Company and/or selling agents and/or individuals who serve as investor contacts and their staff who are authorized to sell investment units of such person, and that the Investor has a good knowledge and understanding of investing in mutual fund units, and that::
- Prior to each investment in the fund’s units, the Investor should thoroughly study the information as specified in the fund prospectus;
- The investment in investment units is not cash-deposit and there are investment risks involved. The Investors may receive a larger or smaller amount of money than the amount invested, may not receive redemption proceeds within the specified time frame, or may not be able to redeem investment units as ordered.
- In the case that the Management Company and/or the selling agents and/or individuals who serve as investor contact as appointed by the Management Company (including staff members who sell investment units to or buy them back from the said individual) provide general or specific investment advice to the Investor, the Investor will be receiving the warning on various matters in accordance with the rules, conditions and procedure prescribed by the Securities and Exchange Commission, as follows:
- (a) Warning about the risks associated with investing in investment units;
- (b) Warning about investment risks of the fund
- (c) Warning in the case of general advice that such advice is not tailored to the Investor specifically and that such recommendation is not based on analysis or taking into account the Investor’s objectives, financial status and the Investor’s needs and;
- (d) Warning in the case of specific advice that if the Investor refuses to provide personal information or an up-to-date personal information, the Investor may receive advice that is not suitable to the Investor’s objectives, financial status or needs, since such advice has been given based only on the information disclosed by the Investor or the disclosure of which is mandated by law. The Investor confirms that the investment decision is made by the Investor alone, does not have any binding effect on the Management Company and does not require the Management Company to take any responsibility;
7. The Investor agrees that using trading or switching of investment units or any other service via the mobile/web application or any online system of Management Company done successfully using the Investor’s password is a binding transaction for the Investor, the owner of the password, in any respect. For any damage that the Management Company is not responsible for, the Investor agrees to be solely responsible for it. In this regard, the Investor must keep his/her own username and password or the username and password issued by the Management Company. The Management Company shall not be responsible in the case that a person who is not the owner of the username and password makes a transaction via the mobile/web application or any online system of the Management Company using the Investor’s username and password. The Investor shall not leave the terminal or device screen while accessing the mobile/web application or any online system of the Management Company. After completion of necessary transactions/service, the disconnection/logging out from the system is required.
In case the Investor accesses the mobile/web application or any online system of Management Company by using any unsecure computer or communicative devices such as smartphone or tablet without appropriate anti-virus/malware software or connecting via internet network with insufficient security, such use shall be at the Investor’s own risk, and the Investor shall be responsible for any losses resulting therefrom. The Investor agrees to be responsible for obtaining, installing maintaining and operating all software, hardware and other equipment necessary to access and use the services herein including without limitation, anti-virus, anti-malware and internet security software as well as all fees and charges imposed by any internet service provider or communication service provider.
8. The Investor acknowledges and agrees that using trading, unit-switching or any other service via mobile/web application or online system of the Management Company may result in an inability to complete the transaction or use a service as required by the Investor in an event of a technical difficulty. The Investor accepts the risk and agrees not to demand/claim for any damages arising thereof from the Management Company due to the inability to complete the transaction or use the service under any circumstances.
The Investor acknowledges that there are certain risks and security associated with the use of open network such as the internet and hereby agrees to accept such risks. The Investor agrees to be responsible for the data security of the system used by the Investor to access the services hereof and for the transmission and receipt of information using such systems. The Investor agrees that the Management Company shall take no responsibility on any errors or problems arising from the malfunction or failure of the Investor’s computer, mobile phone, tablet, internet service provider and/or mobile phone operator, computer system and/or mobile phone/tablet system of the Investor. For security purpose, the Investor shall access the services hereof via cellular data or reliable WiFi connections and avoid accessing via public WiFi.
9. The Management Company reserves the right to amend/edit/change any information on the mobile/web application as well as temporarily/permanently suspend the service or as determined by the Management Company without prior notice to investors.
10. The Management Company shall adhere to the time that appears in the transaction on the mobile/web application in accordance with the system time used within the Management Company.
11. For any communication, contact, letter and/or notice and/or any other documents or information to be made/sent to the Investor, the Management Company may use various means be it via telephone, facsimile, SMS, email, registered or unregistered mail, physical delivery, applications, online social media (such as LINE, WhatsApp, Messenger or Facebook) or any other means of communication. In the event information is sent via telephone number, facsimile number or email address specified in the mutual fund account opening application form or as latest changes notified in written to the Management Company or via application downloaded by the Investor or disseminated on an online social media followed by or subscribed to by the Investor, it shall be deemed that the information has been duly sent to the Investor regardless of whether the information has been received by the Investor or other person or whether the information has been read. In the event that the information cannot be sent because the Investor changes his/her domicile or address, or his/her domicile has been demolished without any notification of such change or demolition in writing to the Management Company, or because the telephone number, facsimile number, email address or address last notified by the Investor in writing is incorrect or not updated, the Investor shall be deemed to have duly received and acknowledged the letter, notice, information or any other document sent from the Management Company.
12. In the event that the Investor sends any documents and/or personal information to the Management Company via service provider, mobile/web application, channel for submitting documents/information or via the Investor's fund account manager (freelance IC) and/or any other entity assigned by the Investor to contact and deliver documents and/or personal information to the Management Company, the Investor agrees and allows the Management Company to receive documents/personal information of the Investor from/via such entity in the form/methods determined by the Management Company. In this regard, the Investor acknowledges that the delivery and/or receiving of the Investor's documents and/or personal information from/via such entity may be lost or leaked to a third party before the Management Company receives the documents/information. The Investor agrees not to claim any damages from the Management Company due to loss or leakage of such documents/information under any circumstances.
13. In order for the Management Company (including every mutual fund under its management), selling agents and parties involved with the mutual fund comply with both relevant domestic and foreign laws (including FATCA, anti-money laundering law, anti-terrorism financing law and anti-weapons of mass destruction proliferation law) and to spare the Investor from having to provide documents, agreements concerning obligations of the Investor, information, confirmations and consents concerning self- declaration and information disclosure/withholdings (including the FATCA form and documents mentioned in the FATCA form) (hereinafter referred to as “Documents and Information”) to the aforementioned individuals on a case-by-case basis, subject to these mutual fund account opening Terms and Conditions, in case the Investor provides or will provide the Documents and Information to any of the aforementioned individuals, the Investor agrees and consents to let all aforementioned individuals, including their representatives, to use the Documents and Information as if the Investor provide the Documents and Information to all of them and allow all of the aforementioned individuals to send/use the Documents and Information among them. The Management Company and/or aforementioned individuals reserve the right to request additional Documents and Information from the Investor in the future.
14. The Investor agrees to be bound by and comply with the Terms and Conditions in the prospectus of each mutual fund in which the Investor has invested in, the Terms and Conditions in the subscription/ redemption/ switching forms, the rules and procedures relevant to the unitholders as well as any Terms and Conditions of opening a mutual fund account in addition to the Terms and Conditions of opening a fund account form as may be prescribed by each Management Company including any future amendments thereof. The Investor may examine the rules and procedures relevant to the unitholders. Additional mutual fund account opening Terms and Conditions can be found on the Management Company's website.
15. The Investor acknowledges and agrees that investment in unit trusts differs from cash deposits and carries investment risks, which may result in return of investment being more or less than the initial investment and may not receive proceeds from redemption within the specified time frame or may not be able to redeem the investment units as ordered. The Investor should trade investment units with licensed individuals.16. The Investor hereby certifies and confirms that:
- the Investor is not a natural person or legal entity of U.S. nationality, a U.S. resident or a U.S. green card holder.
- the Investor does not and will not make/receive payments involving these investment units in the United States, and
- the Investor agrees to notify the management company immediately of any change in the aforementioned certification and confirmation.
17. The Investor certifies that the funds invested are not obtained from any illegal source or activity, including but not limited to laws on anti-money laundering/counter terrorism and the proliferation of weapons of mass destruction financing, and proceeds from corruption.
18. In case the Investor purchases/switches to/receives the transfer of long term equity fund (LTF) or retirement mutual fund (RMF) units, the Investor authorizes the Management Company to transfer the investment units to other LTFs or RMF (as the case may be) according to the Terms and Conditions stated in the fund prospectus or other funds deemed appropriate by the Management Company when there is a reason for the dissolution of the said mutual fund.
19. In case the Investor receives allotment of units, the Investor acknowledges and agrees to be bound by the terms of the mutual fund scheme which has been approved by the SEC together with any lawful subsequent amendments thereof, and by the terms in the Commitments between Unitholders and the Mutual Fund Management document which is lawfully prepared and signed by the fund supervisor.
20. The Investor acknowledges that the Management Company may charge a front-end fee and back-end fee for some funds. Some funds may charge those fees and different amounts of fees might apply to different types of investors. The Investor can check such details on the Management Company's website.
21. The Investor has been informed about the investors' rights and how to submit complaints as per the details the Management Company provides on its website.
22. The Investor and the Management Company agree that incompleteness or invalid of some Terms and Conditions or part of them shall not affect the rest of these Terms and Conditions, provided that the rest of the Terms and Conditions shall remain in effect until the termination of the contract.
23. The Investor and the Management Company agree that these Terms and Conditions are governed by the laws of Thailand. Any dispute between the parties arising out of these Terms and Conditions shall fall under the jurisdiction of Thai courts.