Terms and Conditions

Terms and Conditions

Please read this Terms of Use (herein after shall be referred to as the or “Terms”) thoroughly before using Freshket’s Services. This Terms of Use set out the legally binding terms and conditions for your use of Freshket’s Website, Application and Services. By using the Website, Application, and Services in any manner, including but not limited to exploring and browsing Freshket’s platform and purchasing Products, the Users agree to be bound by this Terms, including those additional terms and conditions and policies referred to here and/or in the hyperlink available in the Website and/or Applications. This Terms apply to all users of Freshkets’ Services, including the natural and juristic persons.

Definition

"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;
"Sellers" means the seller or the provider of Products which are available on Freshket’s Website and Application;
"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. Freshket is a venue

Freshket e-Marketplace plays its part as a venue of which it acts as a middleman between the Sellers and the Users. Freshket allows the Sellers to offer their Products for sale on our platform. We also facilitate the Users to pick the finest Products within a click on our platform by offering the Users the most convenient way to do their grocery/food shopping and deliver right to the Users’ door. In this regards, Freshket e-Marketplace is not directly involved in the transactions between the Sellers and the Users. As a result, Freshket e-Marketplace has no control over, and is not able to warranty to the Users on quality, safety, morality or legality of any aspect of the Products listed, the truth or accuracy of the Products. Please see the warranty policy in detail in the "Terms and Conditions for Purchase of Products"

3. Membership and Account

Age. 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.

4. 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.

5. Purchase Conditions

By making an order or purchasing Products through Freshket’s Website or Application, the Users agree to be bound by the "Terms and Conditions for Purchase of Products".

6. 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.

7. 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.

8. Breach

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.
Breach Event. It shall be deemed that the Breach Event occurs when (i) Freshket suspects that the User has breached any covenant of this Terms of Use, Privacy Policy, Terms and Conditions for the Purchase of Products, or other policy documents and community guidelines incorporated herein, (ii) Freshket believes that the User has engaged in fraudulent activity in connection with the use of Services, or the actions may cause legal liability or financial loss to Freshket and/or other Users, or (iii) Freshket believes that the User has used Freshket name, tradename or trademark in the manner that is hazardous to Freshket or its affiliates without Freshket’s prior written consent.

9. Privacy

Please see Freshket’s Privacy Policy in a separate page.

10. 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.

11. Liability

IN NO EVENT SHALL FRESHKET, AND (AS APPLICABLE) FRESHKET’S 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 THE USERS OR ANYONE ELSE IN CONNECTION WITH THE USE OF FRESHKET’S SERVICES, OR THIS TERMS OF USE, 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 THE USERS OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEE (AS OPPOSED TO THE PRODUCTS PAYMENT) YOU PAY TO FRESHKET IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) THB 2,000 (TWO THOUSAND BAHT).

12. Indemnity

THE USERS AGREE TO INDEMNIFY AND HOLD FRESHKET AND (AS APPLICABLE) ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CIVIL AND CRIMINAL CLAIM OR DEMAND, INCLUDING LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF THE USERS’ BREACH OF THIS TERMS OF USE, ANY APPLICABLE LAW, AND THE RIGHTS OF A THIRD PARTY.

13. No Guarantee

Freshket does not guarantee continuous, uninterrupted access to Freshket’s Website, Applications and Services, and operation of the services as it may be interrupted by numerous factors beyond Freshket’s control.

14. 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.

15. Severability

If any part of provision provided in this Terms of Use is held unenforceable, then the Users agree that such part of provision will be modified by Freshket to reflect the parties’ intention. All remaining provisions of this Terms of Use shall remain in full force and effect.

16. 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.

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.

17. Freshket e-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 the Users through the Website and Application, or 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.

18. Notices

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.

19. Dispute Resolution

The Users must first reach out to or contact Freshket directly to file any complains or any dispute. Freshket, for the benefit of Users, may try to help users resolve the disputes. Any dispute arising from or relating to this Terms of Use or the use of Freshket’s Services shall be subject to the exclusive jurisdiction of the courts of Thailand.

20. Governing Law

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