Terms and Conditions

Terms and Conditions

Please read these terms and conditions ("Agreement" or "Terms of Use" or in short “Terms”) carefully before using the services, websites and applications (collectively "Services") offered by Freshket Marketplace (Legal entity: Polar Bear Mission Company Limited or in short "Freshket"). The Agreement sets out the legally binding terms and conditions for your use of the services of Freshket.

By using the services in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referred to here and/or available by hyperlink. This Agreement applies to all users of Freshket, including without limitation users who are sellers, customers, merchants, contributors of content, information and other materials or services on Freshket.

1. Freshket Marketplace

Freshket Marketplace is a platform to support emerging and established businesses. Freshket Marketplace provides platform for vendors which are small to medium sized business selling their products.

2. Freshket is a venue

Freshket Marketplace acts as a venue to allow users, who comply with this agreement. Freshket’s policies to offer, sell and buy certain goods within a fixed-price format. Freshket Marketplace is not directly involved in the transactions between buyers and sellers. As a result, Freshket Marketplace has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Freshket Marketplace cannot ensure that a buyer or seller will actually complete a transaction. Consequently, Freshket Marketplace cannot and does not transfer legal ownership of items from the seller to the buyer. Freshket Marketplace cannot guarantee the true identity, age, and nationality of a user and encourages you to communicate directly with potential transaction partners through the tools or other contact methods that available from Freshket. You agree that Freshket Marketplace is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Freshket Marketplace. You use the Freshket Marketplace service at your own risk.

3. Member Eligibility

GAge: You must be 18 or older to use our Services. Otherwise, you may only use our Services under the supervision of a parent or legal guardian. Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes payable as a result of your activity on Freshket Marketplace. In addition, you agree to abide Freshket’s policies as stated in this Agreement and listed below (if applicable to your activities on or use of the Services) as well as all other operating rules, policies and procedures that may be published from time to time on Freshket Marketplace by Freshket, each of which is incorporated herein by reference and each of which may be updated by Freshket from time to time without notice to you: Terms and Conditions Privacy Policy Password: you’re solely responsible for any activity on your account, so it’s important to keep your account password secure. Account: You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable. Feedback: Freshket takes feedback (or ratings and comments, collectively “feedback”) integrity seriously. Sellers may offer small incentives for general feedback, however manipulation and/or bribery is not tolerated. This includes feedback from a related account, offering incentives/bribes in return for specific feedback. Freshket reserves the right to remove any feedback which it suspects has been posted as a result of such manipulation or bribery and may close the seller account to which it relates. Right to Refuse Service: Freshket reserves the right to refuse service to anyone at any time. Freshket’s services are not available to temporarily or indefinitely suspended Freshket Marketplace’s members. Freshket reserves the right, in Freshket’s sole discretion, to cancel unconfirmed or inactive accounts.

4. Fees and Services

Freshket’s Fees and Services are subject to change, are incorporated into this Agreement by reference. Freshket Marketplace may choose to temporarily change the Fees and Services for its services for promotional events; such changes are effective when Freshket posts the temporary promotional event on its marketplace. Freshket may decrease the fees as stated in the Fees and Services with no notice to you. Freshket may, at its sole discretion, change some or all of Freshket’s services at any time. In the event Freshket introduces a new service, the fees for that service are effective at the launch of the new service. Unless otherwise stated, all fees are quoted in Thai Baht (THB)

You are responsible for paying all fees and applicable taxes associated with using Freshket’s services. Freshket keeps accepted payment information in accordance with its Privacy Policy. All fees are inclusive of Thai VAT where applicable. Freshket recommends that you research whether you are liable to declare such taxes to the relevant tax authorities. Fees and Termination: If Freshket terminates a listing or your account, if you close your account, or if the payment of your fees cannot be completed for any reason, you remain obligated to pay Freshket for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full, the seller risks penalties such as the suspension of privileges, termination of the account and/or legal action. If you have a question or wish to dispute a charge, contact Freshket.

5. Listing and Selling

When listing an item, you agree to comply with rules for listing and that: You listing may subject to Freshket’s review, and Freshket may not approve such listing if it violates local laws, regulation or Freshket’s rules and standards. You are responsible for the accuracy and content of the listing and item offered. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances) Content that violates any of Freshket’s policies may be deleted at Freshket’s discretion.

6. Purchase Conditions

When buying an item, you agree to the rules for buyers and that: You are responsible for reading the full item listing before buying. You enter into a legally binding contract to purchase an item when you commit to buy an item. (Completed and confirmed order) We do not transfer legal ownership of items from the seller to the buyer.

7. Content

License: Freshket does not claim ownership rights in your Content. You grant Freshket a license solely to enable Freshket to use any information or Content you supply Freshket with so that Freshket is not violating any rights you might have in that Content. You grant Freshket a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Freshket to store or re-format your Content on Freshket and display your Content on Freshket any way as Freshket chooses. Freshket will only use personal information in accordance with Freshket’s Privacy Policy. By uploading Content to Freshket you promise that you own and/or have the right to use such Content in this manner and that such Content does not infringe any third party intellectual property rights. In the event that Freshket receives a complaint in respect of any Content posted by you it shall be your sole responsibility to deal with such a complaint and to compensate Freshket for any loss suffered. Freshket reserves the right to remove any such Content immediately. As part of a transaction, you may obtain personal information, including name, phone number, email address and delivering information, from another Freshket user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Freshket-related communications. Freshket has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Freshket user to your email or physical mail list. For more information, see Freshket’s Privacy Policy. Re-Posting Content: By posting Content on Freshket, it is possible for an outside website or a third party to re-post that Content. You agree to hold Freshket harmless for any dispute concerning this use. If you choose to display your own Freshket-hosted image on another website, the image must provide a link back to its listing page on Freshket Marketplace.

8. Interactions with other users and private messaging

Users are solely responsible for interactions with others. Users understand that Freshket does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person. Messaging is your way to communicate privately with other Freshket members. It’s essentially email, but purely for Freshket members. Messages are primarily intended for communicating about transactions and orders that are underway. You must not use Messages to send unsolicited advertising or promotions, request samples, loans, donations or “spam”. You must not pass on email addresses or any other information on to third parties. Spamming other members in order to ask them to ‘follow’ your own shop will not be tolerated. Please use common sense when giving out personal information to others via messaging, for example don’t send someone your credit card details or other sensitive information. You must not use messages to knowingly harass, threaten, blackmail or abuse another member. If someone explicitly tells you not to contact them, you must not use Messages to contact them again, unless you are involved in an open transaction. You must not use Messages to interfere with a transaction: You must not contact another member to buy or sell an item listed on Freshket outside of the Freshket Marketplace. You must not communicate with a member involved in an active or completed transaction to warn the member away from a particular buyer, seller or item. As an anti-spam measure, sending too many messages too quickly may auto-disable your account. Contact Freshket to review account activity and enable your account if spam-free.

9. Information Control

Freshket does not control the Content provided by users that is made available on Freshket Marketplace. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Other Resources: Freshket is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Freshket does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Freshket shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources or via pop ups which may appear when accessing the Site from your computer or any other devices.

10. Resolution of disputes and release

In the event a dispute arises between you and Freshket, please contact Freshket. Any dispute arising from or relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of Thailand. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. Should you have a dispute with one or more users, or an outside party, you release Freshket (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Freshket, for the benefit of users, may try to help users resolve disputes. Freshket does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that Freshket attempts to resolve a dispute it will do so in good faith based solely on its this agreement and its policies. Freshket will not make judgments regarding legal issues or claims and all disputes related to financial transactions will ultimately be determined by the service providers.

11. Freshket’s intellectual property

Freshket, and other Freshket graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of Polar Bear Mission Company Limited and its subsidiaries. Freshket’s copyright, trademarks, service marks, logos, business name, domain name, rights in get up and trade dress and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

12. Breach

Without limiting any other remedies, Freshket may, without notice, and without refunding any fees, delay or immediately remove Content, warn Freshket’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply: Freshket suspects a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein. Freshket is unable to verify or authenticate any of your personal information or Content. Freshket believes that a user is acting inconsistently with the letter or spirit of Freshket’s policies and/or this Agreement, has engaged in improper or fraudulent activity in connection with Freshket or the actions may cause legal liability or financial loss Freshket’s users or to Freshket.

13. Privacy

Except as provided in Freshket’s Privacy Policy Freshket will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.

14. No Warranty

Freshket, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE Freshket’S WEBSITES, APPLICATIONS AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Freshket, ITS OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Freshket SHALL CREATE ANY WARRANTY.

15. Liability Limit

IN NO EVENT SHALL Freshket, AND (AS APPLICABLE) ITS OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF Freshket’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Freshket’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF Freshket’S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO Freshket MARKETPLACE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) THB 2000.

16. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD Freshket AND (AS APPLICABLE) Freshket”S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR BREACH OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

17. No Guarantee

Freshket does not guarantee continuous, uninterrupted access to the site, applications and services, and operation of the services may be interfered with by numerous factors outside Freshket’s control or otherwise.

18. Legal Compliance and Taxes

You shall comply with all applicable domestic and international laws and regulations regarding your use of the services and any Freshket’s service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on Freshket.

19. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

20. No Agency

You and Freshket are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

21. Freshket Marketplace Services

Freshket reserves the right to modify or terminate its services for any reason, without notice, at any time. Freshket reserves the right to alter these Terms of Use or other policies at any time, so please review the policies frequently. If Freshket makes a material change Freshket will notify you here, by email, by means of a notice on our home page, or other places Freshket deems appropriate. What constitutes a “material change” will be determined at Freshket’s sole discretion, in good faith, and using common sense and reasonable judgment.

22. Choice of Law

This Agreement shall in all respects be interpreted and governed by the laws of Thailand.

23. Survival

All sections of this agreement shall survive any termination or expiration of this Agreement.

24. Notices

Except as explicitly stated otherwise, any notices shall be given by post to Polar Bear Mission Company Limited: 163/141 Soi Prachautid 11, Donmuang Bangkok Thailand or, in your case, to the email address you provide to Freshket (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Freshket may give you notice by post to the address provided to Freshket. In such case, notice shall be deemed given three days after the date of posting. Please note that Freshket will deal with all complaints (on valid receipt of your notice) as soon as they can and within a reasonable timeframe.

25. Disclosures

The services hereunder are offered by Polar Bear Mission Company Limited, 163/141 Soi Prachautid 11, Donmuang Bangkok Thailand