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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
This Agreement shall in all respects be interpreted and governed by the laws of Thailand.
All sections of this agreement shall survive any termination or expiration of this Agreement.
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.
The services hereunder are offered by Polar Bear Mission Company Limited, 163/141 Soi Prachautid 11, Donmuang Bangkok Thailand