Terms and Conditions

1. General Conditions & Policy

(a)

The Users agrees to accept the Terms and Conditions, Privacy Policy, and Cookie Policy specified in this website of Our Company, and agrees that these Terms and Conditions, Privacy Policy, and Cookie Policy shall refer to the terms of services binding the Users and such terms shall be hereinafter referred to as the “Service Agreement”.

(b)

If the Users is an ordinary person, the Users agrees that he/she is fully equipped with the legal qualifications and capabilities in taking the service from Our Company’s website, and consents to comply with the Terms and Conditions, Privacy Policy, Cookie Policy, and covenants made with our Company.

(c)

If the Users is any company, organization, or agency, or the person belonging to any company, organization, or agency who uses the services through Our Company’s website on behalf of such company, organization, or agency, or as the representative of such company, organization, or agency whatever the case may be. The Users agrees to accept that he/she is provided with the authority to consent to comply with and accept the Terms and Conditions, Privacy Policy, Cookie Policy, and covenants made with Our Company on behalf of such company, organization, or agency. In such a case, the company, organization, or agency is deemed to be bound by the Terms and Conditions, Privacy Policy, Cookie Policy, and covenants accepted or made with Our Company.

(d)

mahollo place Co., Ltd. shall be hereinafter referred to as “Our Company”.Our Company is the legal entity registered and established under the law of Thailand. Our businesses are operated by Thai and Japanese personnel competent in various languages, i.e., Thai, Japanese, Chinese, and English. Our Company’s office in Thailand is located at 219/34 Asoke Towers 10 Fl, Soi Asoke, Sukhumvit 21 Road (Asoke), Khlong Toei Nuea, Wattana, Bangkok, with the following contact details:

Email : [email protected] , Website: bizkaakai.com

(e)

Our Company reserves the right in this website and its contents. The purpose of this website is to match different businesses and to help Small Mergers and Acquisitions (M&A) become more attractive in Thailand.It can be used when selling or transferring a company, business or commercial property. The persons accessing and taking the services through this website shall be deemed as our users since their access to the website and they shall be hereinafter referred to as the “Users”. Before the access to this website, Our Company requests the users to thoroughly review the Terms and Conditions, Privacy Policy, and Cookie Policy for their own usage right.

mahollo place Co.,Ltd. Dated : 2021/05/31

2.) User Registration

(a)

The Users is required to create the account and register as a user in a manner designated by Our Company. Upon the registration, the Users shall provide all factual information required by us where it shall be hereinafter referred to as the “Registration Information”.

(b)

The Users agrees to accept providing the factual Registration Information and agrees that the Users shall not strictly provide the false information. In the case of providing false information, the Users agrees to solely bear the damages originated therefrom.

(c)

If there is any error or change in the Registration Information, the Users shall personally amend it in a manner designated by us and the Users shall be solely responsible for any loss or damage incurred due to any error, omission, or failure of change or alteration in the Registration Information.

(d)

Upon our receipt of the complete Registration Information from the Users, Our Company shall determine the User’s application for registration and upon the approval provided by us, Our Company shall notify the Users through the registered email address and such determination and approval are under our exclusive right and we are not required to notify the Users even if the approval is not provided.

(e)

Upon Our Company’s approval on the User’s application, it shall be deemed that all the Registration Information provided to us by the Users is the User’s identifiable information.

(f)

Upon Our Company’s approval on the User’s application, it shall be deemed that the Usage Information, Privacy Policy, Cookie Policy, and covenants made between the Users and Our Company are immediately in full force and effect since the time of approval, and such enforceability shall be deemed as the Service Agreement made between the Users and Our Company.

3.) Prohibited Acts

(a)

The Users shall not commit any acts violating the Terms and Conditions, Privacy Policy, and Cookie Policy stipulated by Our Company nor breaching the covenants made with Our Company.

(b)

The Users shall not commit any acts violating or possibly violating the laws or the judgment or decision or order of the court or competent judicial authority of any countries relating to the Users or Our Company.

(c)

The Users shall not commit ant acts which are contradictory to or likely to contradict to the public order or morals of any countries relating to the Users or Our Company

(d)

The Users shall not commit any acts leading to detriments or damages or infringing or possibly infringing any privacy right, intellectual property right, or any other rights and benefits of Our Company or other User’s or users or third parties.

(e)

The Users shall not commit any acts of reverse engineering, decompiling, disassembling, modifying, or transforming the Services, or attempting to decode the source code or other analytical acts.

(f)

The Users shall not commit any acts of placing an excessive burden on the network, servers, or system in connection with the Services;

(g)

The Users shall not commit any acts of unauthorized or improper access to the system of the services of Our Company’s website, improper rewriting or delete of information accumulated in our facilities, or any other acts that damage or likely damage to us.

(h)

The Users shall not commit any acts of uploading to the services of Our Company’s website any information that falls under or that we determine to fall under any of the followings:

* Any personal information that the Users is not lawfully and duly authorized to acquire or upload onto the Service with due process;

* Any information that the Users is not legitimately authorized to use it;

* Any information obtained by illegal or unethical methods;

* Any information including computer viruses or other harmful programs;

* Any information that contains excessive violent or cruel content or the content severely harming the social or country regardless of whichever countries relating to the Users or Our Company;

* Any information similar to the above;

(i)

The Users shall not commit any acts of providing benefits to criminals, criminal organizations, or members thereof through the services or website of Our Company;

(j)

The Users shall not commit any acts deemed inappropriate.

4.) Measures and Information Deletion or Suspension of Services

(a)

Our Company is exclusively entitled to implement the measures concerning the audit of the User’s compliance with the Terms and Conditions, Privacy Policy, and Cookie Policy during taking the services of Our Company’s website including covenants made between the Users and Our Company.

(b)

Our Company is exclusively entitled to implement the measures concerning the audit of the User’s information regardless of the Registration Information, information regarding the sales or posting the materials of business for sale, commercial properties made by the Users, information regarding the purchase or offer to purchase of business for sale, commercial properties made by the Users, and any other information related to above.

(c)

Our Company reserves the exclusive right to delete any of the User’s information or to suspend the services to be rendered to the Users if any of the following acts are discovered:

* The Users violates the Terms and Conditions, stipulated by our Company.

* The Users violates any covenants made with Our Company.

* The Users has wholly or partially provided the false Registration Information.

* The Users commits any acts causing detriment or damage or infringing or possibly infringing any privacy right, intellectual property right, or any other rights and benefits of Our Company or other Users or Users or third parties.

* The Users commits any acts possibly implying that the Users is criminal, criminal organization, or member thereof, or engaged in any exchange or involvement with, providing benefits to, or otherwise cooperating or involved in the support, operation, or management of a criminal organization.

* The Users commits any acts similar to the aforementioned acts.

5.) Termination of Services or Service Agreement and Consequences

(a)

If it is discovered that the Users commits any acts mentioned in 3), Our Company is entitled to automatically determine the termination of the Master Service Agreement without prior notification to the Users required.

(b)

The Users shall not be relieved of any and all obligations and liabilities by Our Company due to the said termination of services or the Master Service Agreement or the information deletion or suspension of services.

6.) Disclaimer and No Warranty

(a)

Our Company is not required to back up information or data provided by the Users; The Users shall back up all the information or data at its own responsibility.

(b)

Our Company makes no warranty, implied, or statutory, with respect to the services, including any warranty of fitness for a particular purpose, functionality, merchantability, accuracy, usefulness, completeness, or benefit that you might expect, unless otherwise expressly provided by our company.

(c)

We are not liable for any delay or failure in the performance of any obligation under the services in the event that such delay or failure caused by force majeure such as acts of God, war, the threat of war, warlike conditions, hostilities, mobilization for war, blockade, detention, revolution, riot, looting, strike, lockout, epidemics, fire, typhoon, earthquake, flood or accident, or due to acts of governmental or quasi-governmental authorities or any political subdivision or department or agency thereof without our fault, or due to any labor, material, transportation shortage or curtailment, or utility shortage or curtailment without our fault, or due to any labor trouble at the place of our business, or due to any other cause beyond our control.

(d)

Our Company is not liable to the Customer and/or any third party for any claims, damages, losses, expenses, costs or any liabilities, including any indirect damages, loss of profits, business interruption, or loss of information or data provided by the Users, arising out of or concerning the Customer’s usage of the services.

(e)

If a dispute arises with any third party in connection with the use of the services, the Users shall promptly notify Our Company of details of the dispute and resolve such dispute at the User’s own cost and responsibility.

7.) Indemnification and Liabilities

(a)

The Users shall indemnify Our Company the damages, directly or indirectly, arising out of (i) the User’s breach or default of any provision hereof (ii) the Customer’s willful or negligent misconduct resulting in the damages to Our Company.

(b)

In the case Our Company incurs any claim from or dispute with any third party which is attributed to the Customer, the Customer shall bear responsibility for indemnifying Our Company the damages, losses, and expenses arising from such dispute.

8.) Term of Services or the Service Agreement

(a)

The Service Agreement commences on the Effective Date and continues until terminated as provided in these terms.

(b)

Unless otherwise expressly provided in these terms, the Customer may terminate the Master Service Agreement at any time in accordance with the procedure separately set forth by us.

(c)

Upon the termination of the Service Agreement, the User’s right to use all of the services shall be revoked, and all obligations and liabilities to the Customer under these terms shall not be relieved even after the termination thereof.

(d)

The Customer acknowledges and agrees that Our Company is not required to retain any information or data provided by the Customer upon the use of the services after terminating the Service Agreement.

9.) Notice

(a)

Unless otherwise provided herein, we may give to users notice or any other communications from us concerning the services by posting the messages on the website of the services, email, or in other manner determined by us.

(b)

Unless otherwise provided herein, in case the Customer desires to serve any notice to, make an inquiry to, or communicate with Our Company concerning the services, the Customer shall do so in the manner designated by us.

10.) Right to Modify the Usage Conditions

Our Company reserves the right to modify or amend or add the Terms and Conditions including the covenants, wholly or partially, at any time, without prior notification to the Customer required and the Customer agrees to accept such modification or amendment or addition from their time onwards.

11.) Right to Discontinue Rendering Service

Our Company reserves the right, without any prior notice to the Customer, to temporarily discontinue providing the Services, in whole or in part, if any of the followings occur:

(a)

regular or urgent maintenance, or repair of the hardware, software, communication equipment, or other related equipment or systems regarding the services which is deemed necessary by us;

(b)

system overload due to excessive access or other unexpected factors;

(c)

system security or other related matters need to be performed;

(d)

telecommunications carriers do not provide their services;

(e)

it becomes difficult to provide the services due to force majeure;

(f)

Our Company is required to discontinue providing the services by the laws or regulations, judgments, decisions, or orders of the court, or judicial agency’s mandatory measures of whichever countries relating to the Customer or Our Company;

(g)

any other events similar to any of the preceding items.

12.) Reservation of the Right to Modify the Usage Conditions or Discontinuity of Rendering Service

Our Company reserves the right to assume no responsibility for any damages incurred due to the modification, amendment, or addition of the website under 10) or Our Company’s discontinuity to render the services under 11) for whatever the case may be.

13.) Controlling Language

(a)

These terms are drawn up in the English language and they might be translated into any language other than English, provided, however, the English version shall prevail.

14.) Governing Law and Jurisdiction

(a)

The Service Agreement is governed and construed in accordance with the laws of Thailand, without regard to its conflict of law rules of the Customer and Our Company.

(b)

The courts located at Bangkok Metropolis, Thailand, shall have the exclusive jurisdiction in receiving the claim or conducting proceeding of all matters arising out of the Service Agreement.

The latest version of these Usage Conditions is established/revised by mahollo place Co., Ltd. on 2021/05/31