Terms Of Use

Terms Of Use

The iLabInvest Terms of Use (“Terms”) govern each user’s use of the website at https:invest.ilab.co.th (the “Website”) and any services accessible via the Website (together, the “Services”). Please read these Terms of Use carefully. By using the Services in any manner, including but not limited to visiting or browsing the Website, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, our Privacy Policy or any other documents referred to by these Terms of Use, you are not permitted to, and should not use the Services. You also undertake to familiarise yourself with and comply with the Terms of Use and Privacy Policy relevant to your use of our Website and the Services provided (as may be amended from time to time). Each time you use our Services, you represent, warrant and undertake (i) to accept, comply with and be bound by these Terms of Use and (ii) to comply with all applicable laws, regulations and rules in relation to your access to and use of the Website and the Services.

The Services are owned and operated by iLaboratory Ltd., a company incorporated under the laws of the Kingdom of Thailand having its registered address at: 30 Mooban Pakamas, Suanluang, Bangkok 10110, Thailand (“iLabInvest”, “we”, “us”, “our”)

iLabInvest retains the right to disable or cancel your User Account (as defined below), at any time and without notice, if it deems that you have failed to comply with any of the provisions of these Terms of Use.

GENERAL

If you are a natural person, you acknowledge that you have read and understood these Terms and that you are at least 18 years old. Users under 18 years of age are not eligible to use the Services without the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by the Terms of Use and agrees to be responsible for such use of our Services.

If you are using our Services on behalf of a legal entity (e.g. a company interested in investing in am offering displayed on the Website or a company interested in raising funds), you warrant that you have the right to enter into agreements on behalf of such legal entity.

Users suspended from using the Services are not eligible to use the Services. iLabInvest reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any campaign, contribution, or services at any time and without notice for any reason without liability.

MEMBERS’ POLICY

Some pages of this Website are open to all Users and may be browsed by any visitor. However, access to and use of password-protected and/or secure areas of the Website is restricted to authorised users who have created a user account on the Website (“User Account“) and been verified, approved and accepted as a member by iLabInvest (“Member”) in accordance with the instructions set forth on the Website.

Members may, subject to iLabInvest approval, submit campaigns of companies (each a “Company”) for which they are seeking financing from other Members, to the Website by use of the Equity Crowdfunding Services available on the Website ("Investment Offering").

Any submission of Investment Offerings shall be made in accordance with (i) applicable legislation and (ii) the instructions and conditions set forth on the Website from time to time. All prerequisites for Investment Offering (e.g. number of shares offered, valuation of the Company, investment amount asked for, financial information to be provided) shall be set by the Company responsible and made according to applicable legislation. Companies shall provide Members with information in respect of the Investment Offering, as requested by iLabInvest and as set forth on the Website from time to time. iLabInvest reserves the right to approve or reject any offer made by Members via the iLabInvest platform.

At the Investment Offering's conclusion, iLabInvest undertakes to finalize the Investment Offering in accordance with applicable legislation. iLabInvest reserves the right to deny any Investment Offering access to the Website at any time and for any reason. In addition, iLabInvest reserves the right to, at any time and at its convenience, cancel, interrupt or suspend any Investment Offering at any time, subject to prior notice. Such cancellation, suspension or interruption may be made due to Members’ or the Investment Offering's violation of applicable legislation, the Terms or Use or any terms applicable to the Website.

Each Investment Offering shall be open for the maximum period of time set forth on the Website by the fundraising Company. During the Investment Offering, a Member may express his or her interest to participate in the fundraising by pledging the amount that he or she would like to invest into a trust account. The Investment Offering ends when the maximum period of time frame set forth is reached and there will be a cooling period of 5 business days during which a Member may re-call his or her investment offer.

After the Investment Offering is concluded, the Company responsible for the Investment Offering shall provide all documentation necessary for completing the investment to the Member, and the funds raised will be transferred to the Company’s account in accordance with the terms agreed between Company and iLabInvest.

The Website provided by iLabInvest is a meeting platform for both entrepreneurs seeking funds for their companies and investors interested in funding companies. iLabInvest does not provide any advice or take any part in the investment process. Any and all investment in a company is always made without the involvement of iLabInvest, and any investment agreement is made only between the Company and a Member reporting interest to invest in such a company. Any decision to invest in a company is solely the decision of such investing Member. iLabInvest shall never be liable for any Member's non-payment of any investment amount, and iLabInvest shall never be liable for any fundraising Company's non-issuance of shares or debt securities or non-repayment of loan (principal and interest).

Members, must, accredit themselves as an accredited investor prior to making any investment via the Website. All information given, declared and submitted to iLabInvest are deemed to be true, accurate and complete.

PAYMENTS

Registration as a Member of iLabInvest is free. 

Unsuccessful Projects

In the case of unsuccessful projects, for the pre-authorised transactions of an investor of iLabInvest at the project deadline, no funds will be captured from investors and no funds will be transferred to the fundraising Companies.

RULES OF CONDUCT

You are solely responsible for your conduct and activities on the Website and regarding iLabInvest and any and all data, text, information, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on the Website.

Your Content and your use of iLabInvest shall not:

• Be false, inaccurate or misleading
• Be fraudulent or involve the sale of illegal, counterfeit or stolen items
• Promote or encourage any form of illegal activity
• Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
• Violate these Terms of Use, any site policies, any community guidelines, any project guidelines, or any applicable laws, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising)
• Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, or impersonate or intimidate any person, or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
• Be offensive and/or promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity
• Be obscene or contain sexually explicit material or show people or animals being hurt or degraded
• Contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of the Website, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
• Host images not part of a listing
• Appear to create liability for FundedHere or cause FundedHere to lose (in whole or in part) the services of our ISPs or other suppliers
• Cause iLabInvest to violate any applicable law, statute, ordinance or regulation, or violate the Terms of Use.

iLabInvest reserves the right to remove Investment Offerings and terminate User Accounts for such activities.

INTELLECTUAL PROPERTY

iLabInvest is the owner or the licensee of all intellectual property rights in its Website, and in the material published copyright laws and treaties around the world. Such content include at any given time text, graphics, logos, icons, images, sound clips, video clips and data compilations, and together with the Website's page layout, underlying code and software. All such rights are reserved. You agree to respect all intellectual property rights, including but not limited to copyright, trademarks, trade names (whether registered or not) contained or displayed on the Website or which you gain access to in connection with using our Services.

iLabInvest does not have control over content published on the Website which may belong to third parties (e.g. Companies which have submitted information regarding the fundraising pursuant to Investment Offerings). iLabInvest shall not be held responsible for any such content provided by third parties and displayed on or contained in the Website.

When submitting an Invetment Offering to iLabInvest, you may upload content, videos, audio clips, written comments, data, text, photographs, software, scripts, graphics and other information to the Website. Ownership of all such content shall stay with you or any third parties having ownership to such content. You hereby grant iLabInvest a worldwide, non-exclusive, royalty-free, fully paid and sub-licensable right to host, publish, distribute, edit, stream, transmit, playback, transcode, copy, feature, display, perform, market, sell, modify, reproduce, prepare derivative works of and otherwise fully exploit the use such submitted content for the sole purposes of performing our services in any media formats and through media channels (including, without limitation, third party websites).

You represent and warrant that you possess or have obtained all necessary rights to display and upload such content, and can demonstrate to iLabInvest full satisfaction upon request that (i) you own or otherwise control all rights to all content in your submission, or that content in such submission is in the public domain; (ii) you have full authority to act on behalf of any and all owners of any right, title, or interest in and to any content in the submission to use such content as contemplated by these Terms of Use and to grant the license rights set out here above; (iii) you have the permission to use the name and likeness of each identifiable individual person and to use such individual’s identifying or personal information as contemplated by these Terms of Use; and (iv) you are authorised to grant all of the aforementioned rights to the submissions to iLabInvest and all Users of the Services.

You agree to pay all royalties and other amounts owed to any person or entity due to your submission of any content on the Website.

Should any content infringe the intellectual property rights of a third party, you agree to immediately remove all infringing parts of the content and indemnify iLabInvest all damages, costs and expenses incurred as a result of such infringement. Should iLabInvest be made aware or suspect that the content infringes any third party's intellectual property rights, iLabInvest shall have the right to remove such content from the Website.

iLabInvest does not endorse and has no control over any submission. iLabInvest cannot guarantee the authenticity of any content which Users may provide generally during the course of their use of the Services and about themselves. You acknowledge that all content accessed by you using the Services is at your own risk and you will be solely responsible for any danger or loss to any party resulting therefore.

LINKS TO THIRD-PARTY SITES

This Website may contain links to other third-party websites, advertisers, or services that are not owned or controlled by iLabInvest. Any information that you provide on a third party website will be subject to the privacy policies and terms and conditions of such sites. Your access to third party websites is always at your own risk. We assume no responsibility for the content, function, accuracy, legality not any other aspect of such websites, and we disclaim liability for any and all forms of loss or damage arising out of the use of them. We encourage you to be aware of when you leave our Website, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

DISCLAIMER

Services on the Website are provided on an "as is" and "as available" basis and makes no warranty, guarantee, or representation (express or implied) that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will produce any specific results, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, or that all information provided will be accurate.

We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war, or legal restrictions and censorship. No part of the Website, including commentary and other materials, is intended to constitute advice, and the content of this Website should not be relied upon when making any decisions or taking any action of any kind. iLabInvest is not responsible or liable for any content, for example, data, text, information, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other Members, or outside parties on the Website. You should be aware that you use the Website and its content at your own risk.

To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from your use of the Website or any information contained in it, including but not limited to loss of profit, loss of income, loss of revenue, business interruption and goodwill losses arising out of or in connection with the Terms of Use or the use or inability to use our Services or Website.

SEVERABILITY

We have made every effort to ensure that these Terms of Use adhere strictly with applicable laws. These Terms of Use are the entire agreement between each User and FundedHere regarding its subject matter. If any provision of these terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity and enforceability of the remaining provisions of the remaining Terms of Use, which shall remain in full force and effect. This clause on "Severability" shall apply only within jurisdictions where a particular term is illegal.

REVISIONS TO THE TERMS OF USE

iLabInvest reserves the right to update the Terms of Use to take account of changes in law or for any other reason. If we update the Terms of Use, we will post a new version on the Website. You are bound by changes to the Terms of Use when you use the site after those changes have been posted. We encourage you to periodically review this page for the latest information on our privacy practices. If there is a conflict between two versions of the Privacy Policy to which you have agreed or been deemed to agree, the more recent version shall take precedence unless it is expressly stated otherwise.

ENGLISH LANGUAGE

In the event of a conflict between the English language version of the Terms of Use and any foreign language translation versions thereof, the English language version shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English.

GOVERNING LAW AND JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of the Kingdom of Thailand. You agree to submit to the exclusive jurisdiction of the courts of the Kingdom of Thailand.

CONTACT US

If you wish to communicate with us about anything related to these Terms of Use, you may contact us by email at i[email protected]

• Upload, email, or otherwise transmit any images or other Content that are unlawful, obscene, harmful, hateful, invade the privacy of any third party, contain nudity or pornography, or are otherwise objectionable.
• Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private, or sensitive information about another person, without that person's consent.
• Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.
• Post Content that is false, misleading, or inaccurate.
• Register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity.
• Infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.
• Transmit materials that contain any viruses or other computerprogramming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
• Intimidate or harass another user.
• Use the Service to artificially generate traffic or page links.
• Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.
• Use the Service in a manner that breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Use the Site in a manner that could disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site, such as through sending "spam" email.
• Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
• Seek to obtain access to any materials or information through "hacking," "data harvesting," or through other means we have not intentionally made available to you through the Site.
• Use the Site to violate any law, statute, or regulation (including, without limitation, those governing securities regulation, consumer protection, unfair competition, antidiscrimination, or false advertising) or for any other unlawful purpose.

• take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its thirdparty providers’ infrastructure?
• interfere or attempt to interfere with
the proper working of the Service or any activities conducted on the Service?
• bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service)?
• run Maillist, Listserv, or any form of autoresponder or "spam" on the Service? or
• use manual or automated
software, devices, or other processes to "crawl" or "spider" any page of the Site.

• decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction?
• modify, translate, or otherwise create derivative works of any part of the Service? or
• copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

• monitor your use of the Site, including email, and other Content you transmit through the Site,
• remove, edit, or refuse to post Content,
• restrict access from certain websites or other resources, and
• take any other actions we deem necessary in our sole discretion to protect our community of Users and our resources.

• Any claim, dispute, or controversy arising out of, relating to, or connected in any way with the Site or our Services, Privacy Policy, or Terms of Use that you may have against the Company, other than Excluded Claims (as defined below), shall be resolved exclusively by arbitration, rather than through the court system.
• Any claim we may have against you arising out of your activities with respect to the Site, other than Excluded Claims (as defined below), shall similarly be resolved exclusively by arbitration.
• This arbitration shall be administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures") (available at http://www.adr.org).
• The arbitration shall be held at a location determined by the AAA under these Rules and Procedures (provided that this location is reasonably convenient for you), or at another location that you and we select by mutual agreement.
• There shall be no authority for any claims to be arbitrated on a class or representative basis. The arbitrator is authorized to decide only your or our individual claims? and he or she shall not consolidate or join the claims of other persons or parties who may be similarly situated (the "IndividualClaimsOnly Requirement").

• A claim where we allege that you have infringed upon our intellectual property or the intellectual property of any third party.
• Claims arising from your purchase of a Note.
• Claims explicitly covered by another agreement.
• Claims between you and another User.
• Any claim of any nature, if the IndividualClaimsOnly Requirement is determined to be invalid.