"Application" means the mobile application, rendering the Services, provided under trademark and/or tradename FRESHKET or any other trademark and/or tradename possessed by Freshket or any of its affiliates;
"Freshket" means Polar Bear Mission Company Limited, incorporated under the laws of Thailand, has the registered number 0 1055 59082 71 5;
"Products" means any goods available for sale on Freshket’s Website and Application, including but not limited to meat, fruit, vegetable, preserve food, dried food, ingredients, seasoning, any related products, and, etc;
"Services" means Freshket’s sale of goods, delivering service, and any related services provided through Freshket’s Website and Application;
"User" or "Users" means any user who explores or visit Freshket’s Website and Application, or uses Freshket’s Services, including both of natural person and the juristic person.
"Website" means the website with domain name www.freshket.co or any other domain name assigned, changed, or notified by Freshket or any of its affiliates;
1. Freshket e-Marketplace
Freshket e-Marketplace is an online platform on Website and Application, offering by the Sellers to the Users wide range of food and related Products, including but not limited to meat, fruit, vegetable, preserve food, dried food, ingredients, seasoning, etc. Our Services rendered also includes the delivery service from the Sellers and/or Freshket’s inventory directly to your homes, restaurants and any other specified venues.
2. Membership and Account
Users. The Users must be at least 18 years old to be entitled to use our Services. Otherwise, the Users under 18 years may only use the Services under supervision of a parent or legal guardian. Registering new account for an individual/a natural person, Freshket does not have requirement on an identity verification. As such, Freshket cannot guarantee the true identity, name, age, nationality, and address of Users. It shall be deemed that all transactions and orders made through the User’s account is made by an adult or with supervision of the parents/guardians and that the purchase is legally binding and completed.
Compliance. By browsing Freshket’s Website and Application and using Freshket’s Services, the Users is subject to accept and comply with all Freshket’s terms, conditions, policies provided through, as well as its revision published on, Website and Application from time to time. The Users is also subject to comply with the applicable laws regarding to the Services rendered.
Account and Password. It is important that the Users keep their account username and password private and secured. As the account contains personal information of the Users such as billing and payment information, the individual Users must not share their account and password with other persons. The Users have sole responsibility on their activity conducted or committed through their account. Any use of account by other persons whom shared the account and password with shall not be deemed as an excuse to deny any responsibility of the account owner or User.
Juristic Users. For the account of the juristic persons, the Users warranty that the registering of the account for Freshket’s Service (i) fall within the scope of business registered with Department of Business Development, Ministry of Commerce, (ii) is legally binding to such juristic person, and (iii) is acknowledged and authorized by the authorized persons. The account is not transferable or able to change the account owner to other legal entity. The Users accept and agree that any privilege or benefit offered for certain juristic Users are exclusive and shall not be transferable or assignable to any other Users, unless Freshket agrees otherwise.
3. Services and Fee
Service Fee. Freshket currently provides each User’s exploration and usage of Freshket’s Website and Application without any administrative fee charged. Also, we provide the free membership for all Users with no subscription fee, regardless as to whether there is any purchase or transaction made through the account of the Users or not. However, our business model, Services and policy regarding to the fee charged are subject to changed from time to time at Freshket’s sole discretion. In such case, Freshket shall send you an advance notification of the change via Freshket’s Website and Application prior to the actual charge.
Freshket may also temporarily change the Fees and Services for its services for promotional events from time to time; such changes are effective when Freshket posts the temporary promotional event on Website and Application. 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 shall be quoted in Thai Baht (THB). Once Freshket imposes the service fee, the Users shall be responsible for the applicable taxes associated with using the Services. All fees shall be inclusive of Thai VAT where applicable.
Account Termination. In the event that the Users terminate their account, the Users shall remain responsible for the fee and payment incurred and pending prior to the account termination, including the penalties fee for the late payment.
4. Purchase Conditions
By making an order or purchase of Products through Freshket’s Website or Application, the Users agree to be bound by the "Terms and Conditions for Purchase of Products".
You may need your own Freshket account to use our Services, and you may be required to be logged into the account and have a valid payment method associated with it.
Notwithstanding the above, in respect of ordering any alcoholic beverages, Freshket will only sell such products, through its website or application, to verified users in a type of restaurant (“Restaurant Users”) for the purpose of trading between business and business, which also known as Business to Business (B2B). In addition, Freshket will not sell such products directly to consumers or users in a type of customer, in any way. In such a case, Restaurant Users represent and warrant that they will purchase such products only for the purposes specified in this paragraph and legally, completely, obtain license consents, approvals permits and registration (if required) from government agencies which is still enforceable without expiration cancellation or withdrawn necessary for the sale of such products.
5. Photograph of Products
Freshket does not have ownership rights in the photographs of Products. The photographs are provided by the Sellers of which warrant to Freshket that the Sellers own the legal right to use, display, and/or allow Freshket to use and display these photographs on Freshket’s Website and Application. In this regard, the Sellers have granted Freshket a non-exclusive, worldwide, perpetual, irrevocable, royalty free right to display the photograph on Freshket Website and Application for the purpose of Services provision herein.
6. Intellectual Property Rights
Other than the photographs of Products, any graphics, logos, designs, page headers, button icons, scripts provided in Freshket’s Website and Application, as well as the Tradenames and service names are belong and registered under the name of Polar Bear Mission Company Limited and/or its affiliates. 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 by the Users and any other persons, 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.
Notwithstanding any other remedies and claims made or to be made by Freshket, Freshket may immediately, without notice, and without fee refund (if any), temporarily suspend accounts of the Users, temporarily or indefinitely suspend the Users’ privileges, terminate the User’s account, prohibit the User’s access to the Website and Application, and take technical and decline to provide Services to such Users when the Breach Event occurs.
9. No Warranty
The users agree and acknowledge that Freshket, Freshket’s officers, directors, employees, and suppliers provide Freshket’s website, application and services on “as is” basis and without any warranty or condition, express, implied or statutory that there will be no bug, error or virus. Freshket, freshet’s 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 the users from Freshket shall create any warranty.
12. Legal Compliance and Taxes
The Users shall comply with all applicable laws and regulations regarding your use of Freshket’s Website, Application and Services. In addition, the Users shall be responsible for any and all taxes applicable to the Users’ purchases or use of Services on Freshket’s Website and Application.
14. No Agency
Freshket are independently provide e-Marketplace and Services. Freshket shall not be deemed as the agent, contractor, employee and there is no agency, partnership, joint venture, or franchiser-franchisee relationship is intended or created between Freshket and the Sellers, or the Users.
15. Change of Services
Except as explicitly stated otherwise, any notices must be sent through Freshket’s Website and/or Application, Freshket’s official, or by post to Freshket’s registered office as provided below
Freshket’s Registered Office:
Polar Bear Mission Company Limited
163/141 Soi Prachautid 11,
Donmuang Bangkok Thailand
Please note that Freshket will deal with all complaints (on valid receipt of your notice) as soon as they can and within a reasonable.
17. Dispute Resolution
18. Governing Law