Terms & Conditions
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 Foodservice, including without limitation users who are sellers, customers, merchants, contributors of content, information and other materials or services on Foodservice.
1. Foodservice Marketplace
Foodservice Marketplace is a platform to support emerging and established businesses. Foodservice Marketplace provides platform for vendors which are small to medium sized business selling their products.
2. Foodservice is a venue
Foodservice Marketplace acts as a venue to allow users, who comply with this agreement. Foodservice’s policies to offer, sell and buy certain goods within a fixed-price format. Foodservice Marketplace is not directly involved in the transactions between buyers and sellers. As a result, Foodservice 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. Foodservice Marketplace cannot ensure that a buyer or seller will actually complete a transaction. Consequently, Foodservice Marketplace cannot and does not transfer legal ownership of items from the seller to the buyer. Foodservice 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 Foodservice. You agree that Foodservice 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 Foodservice Marketplace. You use the Foodservice Marketplace service at your own risk.
3. Member Eligibility
4. Fees and Services
Foodservice’s Fees and Services are subject to change, are incorporated into this Agreement by reference. Foodservice Marketplace may choose to temporarily change the Fees and Services for its services for promotional events; such changes are effective when Foodservice posts the temporary promotional event on its marketplace. Foodservice may decrease the fees as stated in the Fees and Services with no notice to you. Foodservice may, at its sole discretion, change some or all of Foodservice’s services at any time. In the event Foodservice 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)
5. 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. Interactions with other users and private messaging
Users are solely responsible for interactions with others. Users understand that Foodservice 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 Foodservice members. It’s essentially email, but purely for Foodservice 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 Foodservice outside of the Foodservice 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 Foodservice to review account activity and enable your account if spam-free.
8. Information Control
Foodservice does not control the Content provided by users that is made available on Foodservice 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: Foodservice is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Foodservice 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 Foodservice 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.
9. Resolution of disputes and release
In the event a dispute arises between you and Foodservice, please contact Foodservice. 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 Foodservice (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. Foodservice, for the benefit of users, may try to help users resolve disputes. Foodservice 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 Foodservice attempts to resolve a dispute it will do so in good faith based solely on its this agreement and its policies. Foodservice will not make judgments regarding legal issues or claims and all disputes related to financial transactions will ultimately be determined by the service providers.
10. Foodservice's intellectual property
Foodservice, and other Foodservice 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. Foodservice'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.
13. No Warranty
Foodservice, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE Foodservice's WEBSITES, APPLICATIONS AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Foodservice, 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 Foodservice SHALL CREATE ANY WARRANTY.
14. Liability Limit
IN NO EVENT SHALL Foodservice, 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 Foodservice's SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Foodservice's LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF Foodservice'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 Foodservice MARKETPLACE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) THB 2000.
YOU AGREE TO INDEMNIFY AND HOLD Foodservice AND (AS APPLICABLE) Foodservice”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.
16. No Guarantee
Foodservice 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 Foodservice's control or otherwise.
17. Legal Compliance and Taxes
You shall comply with all applicable domestic and international laws and regulations regarding your use of the services and any Foodservice'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 Foodservice.
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.
19. No Agency
You and Foodservice are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
20. Foodservice Marketplace Services
21. Choice of Law
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 Foodservice (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, Foodservice may give you notice by post to the address provided to Foodservice. In such case, notice shall be deemed given three days after the date of posting. Please note that Foodservice 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 Food Service Platform, 47 Srisothorn Place , 2nd Floor Soi 23 Sukhumvit Road Kloeng Klongton Nua, Wattana,
Bangkok Thailand 10110
(66 2) 258-4748