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1. Introduction

This FamBear Customer Agreement is made by and between FamBear and you as the Customer of the Site and our services.

FamBear is the site services and other channels that provides opportunities and facilitates meetings between the Service Professional and the Customers including hosting, maintaining, administrating the formation of Service Agreements between users, providing payment processing, and assisting users in resolving disputes which may arise in connection with those services. FamBear does not act as the agent for either Service Professional or Customers.

Customer is the user of the Site as the independent employer and wishes to hire of work with the Service Professional in the Service Listing through the Site on the terms and conditions hereinafter set forth.

By using the Site, Customer acknowledge, understand and agree that by registering for or using the Site, Customer agree to be bound by the following terms and conditions and any other policy on the Site in the entirety, FamBear reserves the right to change or modify the FamBear Customer Agreement at any time at its sole discretion (“Agreement”). Any amendments to this Agreement shall become effective and binding on the Customer whether publicly posted or privately transmitted. If the Customer registers on the Site or continue to use the Site, the Customer will be bound by the then current terms of this Agreement.

THIS AGREEMENT IS EFFECTIVE AND BIND THE PARTIES WHEN THE CUSTOMER SIGNS THEIR NAME MANUALLY IN THIS AGREEMENT OR CLICKS THE “SIGN UP”, “JOIN NOW”, “LOG IN”, “CONFIRM BOOKING”, “SEND MESSAGE”,” CONTACT US VIA SOCIAL MEDIA PLATFORMS”, “LINE”, “WHATSAPP”, “FACEBOOK”, “INSTAGRAM”, “EMAIL”, “PHONE”, “CHAT”, OR “ACCEPT” BUTTON DURING USE THE SITE. IF CUSTOMER DISAGREE WITH ANY TERMS OF THIS AGREEMENT, YOU DO NOT USE THE SITE.

2. Definition

Unless the context indicates otherwise, the words and expressions set out below shall bear the following meanings and cognate expressions shall bear corresponding meanings:

  • 2.1 FamBear means Fambear Co., Ltd. and its affiliates and subsidiaries (“FamBear”, “we” or “our”);
  • 2.2 Customer means a customer who orders and purchases the Services through the Site, electronically, via phone or in person (“Customer” “you” or “your”);
  • 2.3 “Service Professional” means the service provider, as the independent contractor, who wish to offer their Services to the Customer through the Site and have registered on the Service Professional Portal on the Site;
  • 2.4 "Site" means www.FamBear.com and any other websites, web pages, mobile applications and mobile websites operated by FamBear in Thailand but do not include and involve the sites and services that are subject to separate terms to which users of such sites and services must separately agree and which can be found on their respective sites and/or service materials or within the relevant mobile applications;
  • 2.5 “Service Professional Portal” means the web-based tool or other web services or interfaces, provided by FamBear that Service Professional can use to manage its settings, content and other information related to the Site, and including all associated services listing requirements;
  • 2.6 "Services" means all services and products that the Service Professional offer on the Site or any other channels, and approved by FamBear, and as reflected on the Service Professional Portal;
  • 2.7 “Service Agreement” means the written or verbal agreement is made by and between Customer and Service Professional to engage and delivery the proceed of the Services as offer and order through the Site.
  • 2.8 “Claims” shall mean any and all foreseeable or unforeseeable and alleged or actual actions, causes of action (whether in tort, agreement or strict liability, and whether in law or otherwise), claims, demands, lawsuits, legal proceedings, administrative or other proceedings or litigation;
  • 2.9 “Content” means any information that may be generated or encountered through use of the Site, such as user interfaces, visual interfaces, trademarks, logos, data files, device characteristics, written text, software, graphics, photographs, images, sounds, artwork, messages and computer code, including without limitation the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site
  • 2.10 “Intellectual Property Right” means any patent, copyright, trademark, service mark, trade dress (including any proprietary “look and feel”), trade name, logo, moral right, trade secret and any other intellectual property right arising under any laws and all ancillary and related rights, including all rights of registration and renewal and causes of action for violation, misappropriation or infringement of any of the foregoing (IP Right);
  • 2.11 “Customer Marks” means Customer’s name, trademarks, service marks and logos;
  • 2.12 “Losses” shall mean any and all damages (including, without limitation, direct, consequential, economic and punitive), sanctions, settlement payments, disbursements, judgments, liability, losses (including lost income or profit), costs or expenses of any nature whatsoever, whether accrued, absolute, contingent or otherwise, including, without limitation, attorneys’ fees and costs (whether or not suit is brought);
  • 2.13 “Orders” means orders placed by a Customer through the Site electronically, via phone or in person for the purchase of Services;
  • 2.14 “Transaction Information” means the Customer’s Order information and the Service Professional’s payment information including but not limited to the Customer and Service Professional’s name, telephone number, email address, address.

3. Customer represents, warranties and agree that;

  • 3.1 In case of individual, you are of legal age to enter into a binding this Agreement, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to this Agreement;
  • 3.2 Customer shall use the Site and purchase the Services for lawful purposes only and in accordance with the terms and conditions of this Agreement, the existing and additional applicable policies of Fambear, and all applicable laws, rules, codes, guidelines, policies and regulations;
  • 3.3 Customer represents and warrants that they will review and obtain all the necessary licenses, permits, work permits, visa, valid passports, valid ID card, insurance, registrations and any other necessary paperwork, if any, required to hire the Services Professional in accordance with all applicable laws, rules and regulations and that the Customer will act in good faith to the Services Professional in according to the Customers’ orders and specifications and with the standard of care prevailing in the industry.
  • 3.4 Customer is responsible for evaluating and determining the suitability of any proposed engagement or potential Service Professional on your own. If Customer decides to enter into a Service Agreement, the Service Agreement is directly made by and between the Customer and Service Professional who will be entirely responsible for the Service Agreement between them with their own, and FamBear is not a party to that Service Agreement. FamBear is not responsible and involved for any breach, violation and Losses arising from any causes between Customer and Service Professional. FamBear does provide ancillary services supporting the administration of the Service Agreement, such as processing payments and facilitating dispute resolution.

4. Create the Customer Account.

The Customer is required to complete the Site registration process to create an account with a username and password (the “Account”) in order to make full use of engagement for the offered Services on the Site. You may not share your password with anyone except authorized person. You must always provide accurate, current and complete information, and you must update such information in a timely manner to maintain its accuracy and completeness. Any use of the Site through your Account will be deemed as being used by you and you are solely responsible for all activities that occur on or through your Account, and you agree to immediately notify FamBear of any security breach of your Account. FamBear shall not be responsible for any Losses arising out of the unauthorized use of your account. You agree that FamBear may store and use the registration information you provide for use in maintaining and billing fees to your account.

If FamBear accepts Customer’s registration for using the Site, FamBear will provide Customer access to the Site for engagement of the Services on Service Listings and facilitate the completing of transaction between Customer and Service Professional. FamBear reserve the right to determine or change any aspect of the Site and may stop providing Customer access to the Site without notice.

5. Order the Service

  • 5.1 After Customer order the Services and pay any corresponding fees through the Site, you may use the Site services within your account to engage with the Service Professional, to receive delivery of the Services associated with your purchase.
    In some cases, the Service Professional may ask to incorporate an additional set of terms and conditions they define, in which case Customer will be asked to agree to a separate Service Agreement between Customer and Service Professional. The Service Agreement is made by and between the Customer and Service Professional, it is not involved and oblige to FamBear.
  • 5.2 All Offering Service’s Content through the Site, Service Professional is provided and responsible by their own. FamBear does not represent, warrant or verify the accuracies, correctness, non-misleading, non- deception, harmlessness or licensed of such Content. Any fraud or Losses of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site, are not the responsibility of FamBear. The Service Professional will be held solely responsible for the accuracy of their pricing and all Content for Services and will be obliged to honor any order placed by a Customer through the Site as a result of the content provided
  • 5.3 In the event that Service Professional provides incorrect pricing information in the Service Listing (“Pricing Error”), It is not associated and is not the liability of FamBear. The Service Professional is responsible and handle this issue with their own and their consideration without FamBear’s control and command. FamBear provide the service channels to support the Customer for any issues arising out and in connecting with the use and services of the Site. Customer may comment, rate and review the Service Professional performance through the Site in the rating and review channel with your own responsibility to such content.
  • 5.4 Customer acknowledge, understand and agree that Service Professional is solely responsible for determining, and has the sole right to determine, which work to accept; the time, place, manner, and means of providing any Services; the type of services they provide; and the price they charge for their services or how that pricing is determined or set.
  • 5.5 Customer acknowledge, understand, and agree that:
    • 1) FamBear shall not have any liability or obligations under or related to Service Agreements and/or Service Professional’s Services for any acts or omissions by Customer or Service Professional. FamBear is not a party to the relationship or Service Agreement between Customer and Service Professional. Without limitation, Customer is solely responsible for:
      • i ensuring the accuracy and legality of any Customer information;
      • ii determining the suitability of Service Professional for a Service Agreement (such as any interviews, vetting, background checks, or similar actions);
      • iii negotiating, agreeing to, and executing any terms or conditions of Service Agreement,
      • iv paying Fee set forth for Customer Orders and Service Professional’s Services.
    • 2) FamBear does not, in any way, supervise, direct, or control any Service Professional or Service Professional’s Services; does not impose quality standards or a deadline for completion of any Service Professional’s Services; and does not dictate the performance, methods or process Service Professional use to perform services. All Customer Orders is determined by Customer with your own understanding and consideration, and Customer is responsible for evaluating and determining the suitability of any proposed engagement, potential Service Professional on your own. FamBear shall not be liable in Losses of any kind incurred as a result of the Service Agreement.
    • 3) Customer and Service Professional are free to determine when and if to perform the Services, including the days worked and time periods of work, and FamBear does not set or have any control over a Services’ pricing, work hours, work schedules, work location or otherwise nor is FamBear involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to Service Professional for work performed. All terms and condition of Service Agreement are set forth by you and Service Professional at parties’ sole discretion. Customer and Service Professional are responsible and obligated under the Service Agreement with their own.
  • 5.6 Orders Status Update
    After Customer order and payment, FamBear will make available on the Service Professional Portal all the transaction information and Service Professional will manage all Orders via the Service Professional Portal where the Customer can view, check and track your Order status. If FamBear believes a transaction is erroneous, duplicate, contrary to a FamBear’s Policy, or fraudulent, FamBear may stop, cancel or prohibit the transaction.
  • 5.7 Customer agrees to the FamBear pricing, payments and terms listed on the Site and on FamBear’s invoicing
  • 5.8 Customer Issues
    • a. Custumer acknowledge and understand that Service Professional is responsible to handle all customer service issues related to Service Professional’s Services. FamBear is not responsible for handling customer service issues related to Service Professional’s Services. However, FamBear facilitates and supports the Customer’s by contacting the Service Professional directly to handle the Customer service issues. If Service Professional does not handle a customer service issue, the Customer has the right to take any action to resolve the issue under the Service Agreement and applicable law to Service Professional directly.
    • b. For disputes arising between Customer and Service Professional under the Service Agreement, Customer acknowledge and agree that FamBear is not involved with your such disputes and FamBear will not and is not obligated to provide any dispute assistance for such disputes.
  • 5.9 Customer Reviews and Ratings.
    FamBear may ask and allow the Customer and Service Professional to rate or provide comments regarding Service Professional’s Services or performance, and may post any resulting ratings or comments on the Site for public display. Customer understand that you are solely responsible for any legal action that may be instituted by Service Professional or third parties as a result of or in connection with your reviews if the content of review is illegally actionable or defamatory, FamBear is not legally responsible for any reviews or comments posted or made available on the Site by Customer or Service Professional, even if that information is defamatory or otherwise illegally actionable.
  • 5.10 Cancellation the Orders and Refund
    • a. A Customer may cancel or change any Order for a purchased Services through the Site at any time within, and in accordance with, the FamBear’s Cancellation Order Policy.
    • b. FamBear reserves the right to accept or reject all refund, and change requests by Customers at FamBear’s sole discretion by use all reasonable and commercially viable means regarding to FamBear’s Cancellation Order Policy. If FamBear accepts or reject the cancellation or change requests, Customer will be informed through the Site or otherwise channel of FamBear. In case of rejection, Customer understand and agree that you shall not claim in any kind of manners in connecting with these matters to FamBear.
    • c. FamBear reserve the right to amend or modify the FamBear’s Cancellation Order Policy at its sole discretion at any time without notice. FamBear will publish the amendment through the Site or private inform.

6. Fees and Payment

  • 6.1 By using and ordering the Services as offered in the Service Professional Portal through the Site, Customer will be charged the Fees by using one of the payment methods we support. When the payment is complete, FamBear will notify the Service Professional to accept your order through the Site.
  • 6.2 All amounts payable by you under this Agreement will be paid to us without setoff or counterclaim, and without any deduction or withholding. All fees are exclusive of value added tax or other applicable services tax, which shall be payable by you as prescribed by applicable law. If any withholding is required by law, Customer is responsible to determined, calculate, collect report, and remit the correct withholding form FamBear to the appropriate tax authorities with your own. If Customer is default to calculate, collect and remit the correct withholding required by law, Customer is solely responsible and obligated to the appropriate tax authorities and Customer shall not chargeback FamBear such amounts.
  • 6.3 Customers are responsible for paying FamBear the interview fee, booking fee and processing fee for Childcare, Housekeeping, Senior Care and Special Needs as specified in the FamBear’s Policy or pricing information page.
    Customer is responsible for paying Service Professional directly the processing fee for Tutoring, Activities, Technicians and other Services.
    FamBear may change the Fee by posting the new fee on the pricing information page or by written presentation. Any revised Fee will be effective from the date it is posted. Customer’s failure to pay Fee constitutes a material breach of this Agreement.
  • 6.4 Fees for any new Service or new feature of a Service will be effective when we post updated fees and charges on the Site, unless we expressly state otherwise in a notice. We may increase or add new fees and charges for any existing Services you are using by giving you the prior notice.
  • 6.5 Taxes
    • a. By payment the interview fee, booking fee and processing fee, each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments under this Agreement.
    • b. By payment the processing fee for Tutoring, Activities, Technicians and other Services, Customer acknowledge and understand that Service Professional is responsible for:
      • i. determining whether Service Professional Taxes apply to a Customer Order;
      • ii. collecting, reporting, and remitting the correct Service Professional Taxes to the appropriate tax authorities;
      • iii. reviewing, determining, calculation settings and all related tax information for Services;
      • iv. reviewing all tax-exempt transactions
    • c. All fees payable by Customer are exclusive of Indirect Taxes, except where applicable law requires otherwise. FamBear may charge and Customer will pay applicable Indirect Taxes that FamBear is legally obligated or authorized to collect from Customer. Customer will provide such information to FamBear as reasonably required to determine whether FamBear is obligated to collect Indirect Taxes from Customer. FamBear will not collect, and Customer will not pay, any Indirect Tax for which you furnish us a properly completed exemption certificate or a direct payment permit certificate for which FamBear may claim an available exemption from such Indirect Tax.
    • d. All payments made by Customer to FamBear under this Agreement will be made free and clear of any deduction or withholding, as may be required by law. If any such deduction or withholding (including but not limited to cross-border withholding taxes) is required on any payment, Customer will pay such additional amounts as are necessary so that the net amount received by FamBear is equal to the amount then due and payable under this Agreement. FamBear will provide Customer with such tax forms as are reasonably requested in order to reduce or eliminate the amount of any withholding or deduction for taxes in respect of payments made under this Agreement.
  • 6.6 Method of Payment
    • a. Payments can be made through the following options:
      • i Credit Card: Card payments are processed through third-party payment processor (the "Payment Processor") to link the Customer’s credit card account to the Site. The processing of payments or credits, as applicable, in connection with this Agreement, will be subject to conditions and privacy policies of the Payment Processor and Customer credit card issuer in addition to FamBear’s Policy. FamBear is not responsible for any errors by the Payment Processor. In connection with this Agreement, FamBear will obtain certain transaction details, which FamBear will use solely in accordance with our Privacy Policy.
      • ii Bank Transfer: If Customer makes payments through an Automated Teller Machine or internet bank transfer (“Bank Transfer”) to specified FamBear bank account for the Customer Orders or purchased Services, Customer must provide FamBear with the transfer receipt or payment transaction reference for verification purposes. If payment confirmation is not received by FamBear within three (3) days, Customer’s order will be cancelled.
    • b. In case that FamBear can only pay Customer through Bank Transfer, Customer are required to provide FamBear with their Bank account information in order to receive payments, such as, refund from FamBear etc.
    • c. By payment through any method, FamBear takes no responsibility and assume no liability for any Losses or damages to the Customer arising out of payment information entered by Customer or wrong remittance by Customer in connection with the payment for the Customer’s Order. FamBear reserve the right to check whether Customer is duly authorized to use certain payment method, and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.
    • d. Customer hereby authorizes FamBear to use any of the following methods for obtaining payment of amounts Customer owes FamBear:
      • i. charging Customer’s credit card, or deducting funds from Customer’s bank account;
      • ii. reversing any credits to Customer’s Account;
      • iii. deducting amounts owed to FamBear from any Customer Funds FamBear requires;
      • iv. Off-setting any payments FamBear owes to Customer by any amount Customer owes to FamBear; or
      • v. seeking payment from Customer by any other lawful means
  • 6.7 All fees paid are non-refundable except as expressly provided in the FamBear’s Cancellation Order Policy. Any permitted refunds will be considered at FamBear’s sole discretion.

7. Confidentiality and Privacy

  • 7.1 Definition: “Confidential Information” shall mean any information disclosed by one party to this Agreement in connection with this Agreement to the other. The terms and conditions of this Agreement shall be considered Confidential Information, including, without limitation:
    • a. all trade secrets;
    • b. existing or contemplated services, designs, technology, processes, technical data, techniques, methodologies, concepts, strategy and any information related thereto;
    • c. transaction Information, all payment card data and all tax codes of the Site;
    • d. Service Professional lists and Service Professional information
  • 7.2 Exclusions
    • a. Confidential Information shall exclude information that:
      • i. was independently developed by Customer without any use of the FamBear’s Confidential Information or by the Customer’s employees or other agents (or independent contractors hired by Customer) who have not been exposed to the FamBear’s Confidential Information;
      • ii. becomes known to the Customer, without restriction, from a source other than the FamBear without breach of this Agreement and that had a right to disclose it;
      • iii. was in the public domain at the time it was disclosed or becomes in the public domain through no act or omission of the Customer; or
      • iv. was rightfully known to the Customer, without restriction, at the time of disclosure
  • 7.3 During the term of this Agreement, Customer access to Confidential Information belonging to FamBear, Service Professional, its suppliers and other, Customer shall not violate any privacy policies of FamBear and relevant laws. The Customer shall treat all information as confidential and not disclose such Confidential Information to a third party except as expressly permitted under this Agreement. Customer agrees to not disclose any confidential information to FamBear’s competitors.
  • 7.4 In accordance with FamBear Privacy Policy and relevant law, Customer understand and consent that FamBear and its suppliers may collect, use, disclose and/or process your personal data for the purpose of the use of the Site, this Agreement and as required by law. Customer understand that FamBear may disclose your personal data to third party for the purpose of processing and facilitating the service of the Site, (such as finance and accounting, information technology service provider, consultants or advisors), law enforcement or government authorities as necessary to comply with legal requirement or in the course of legal action and to legitimate or recipients of communications under applicable laws, where required by law or necessary for the purpose of, or in connection with, any legal proceeding and you hereby consent to such disclosure. In some cases, third party may be located outside of Thailand and your information may accordingly transferred in or through a location outside of Thailand and may be accessible to regulatory authorities in accordance with the laws of those locations

8. Intellectual Property and Information Ownership.

  • 8.1 Customer hereby grants FamBear and its partners, a non-exclusive, royalty-free, perpetual, irrevocable right and license to publish, use, reproduce, distribute, transmit, display, modify, create derivative works of and otherwise commercially exploit all Content (excluding the Customer Marks), any document or data (“Customer Information”) in connection with use of the Services through the Site. Customer agrees that FamBear may permit users of the Site to share and post Content on their own social media outlets.
  • 8.2 Customer hereby grants FamBear and marketing partners a non-exclusive, royalty-free, non-transferable license to publish, use, reproduce, distribute, transmit and display Customer Marks during the term in connection with the service of FamBear.
  • 8.3 FamBear will own all right, title and interest in and any Intellectual Property (IP) Rights in the Site and all data collected or stored in connection with the Site. Except as expressly provided in this agreement, Customer will not have any ownership in or license to any such rights. If Customer is deemed to have any ownership interest or rights in all or any part of the foregoing, then Customer shall assign all of those interests and rights to FamBear. FamBear may use any Customer Information to create, develop, or modify the Site or any other FamBear concept, brand, software code, product, or feature (“Improvements”), and FamBear will own any Improvement and any IP Rights in an Improvement. If Customer is deemed to have any ownership interest or rights in an Improvement, Customer shall assign all of those interests and rights to FamBear.
  • 8.4 FamBear will own all Transaction Information, the Customer may only use Transaction Information to further a transaction related to this Agreement, in accordance with the terms of the Agreement, the FamBear’s Privacy Policy and applicable Law. Customer shall not:
    • i disclose or convey any Transaction Information to any third party (except as necessary for Customer to perform its obligations under the Agreement);
    • ii contact a Service Professional that has accepted a Service that has not yet been proceeded with the intent to pay any amounts in connection therewith or to influence such Service Professional to make an alternative or additional orders; or
    • iii target communications of any kind on the basis of the intended recipient being the Site’s user.

9. Disclaimer

  • 9.1 Neither FamBear nor its affiliates, officers, directors, licensors, suppliers, employees or agents make any representations or warrants, express or implied, that the Site, FamBear, any Service Professional Portal, services provided by FamBear or any service provider, or software used to provide the Services will be uninterrupted, timely, secure, virus-free or error-free, and Customer agrees that FamBear will not be liable for the consequences of any interruptions or errors, including without limitation, system or software failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of any transactions.
  • 9.2 Neither FamBear nor its affiliates, officers, directors, licensors, suppliers, employees or agents make any representations or warrants, express or implied, to Customer with respect to the purchasing of Service Professional’ s Services through the Site pursuant to this Agreement, and all such services provided by FamBear are provided on an “as-is” and “as-available” basis.
  • 9.3 FamBear shall not have any responsibilities and liabilities of any kind of Losses, fraud, violation, death, illness, personal injury, or property damage arising out of or resulting in any way from any actual or alleged defect in a Service, any act or omission of the Service Professional, its agents, employees, or subcontractors relating to the Services they provide or Service Agreement or any causes between Service Professional and Customers. FamBear may or may not pre-screen Customers and or the Content or information provided by Customers.

10. Terms and Termination

  • 10.1 This Agreement starts to bind the parties when Customer registers on the Site and continues until terminated by a party.
  • 10.2 Customer may terminate this agreement for any reason by notifying FamBear as then specified in the Site. FamBear may terminate this agreement for any reason by notifying Customer.
  • 10.3 Upon termination, any rights or obligations of a party with respect to any outstanding service transaction (including fulfillment the Customer Orders) will survive until completed. Any termination of this agreement will be without prejudice to the rights of either party against the other with respect to any claim, right, or obligation arising before the termination. Any obligations of the Parties relating to limitations on liability, confidentiality and indemnification, as well as any other obligations under this Agreement that by their nature are intended to survive, including any payment or customer service obligations in connection with the Services hereunder, will survive termination of this Agreement. Upon termination, FamBear may require Customer to maintain its Funds to cover any amounts Customer does or may owe FamBear.

11. Indemnification

  • 11.1 Upon this Agreement, Customer agree to defend, indemnify and hold FamBear, its affiliates, its licensors, and each of their owners, officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
    • a. your violation or breach of any term of this Agreement or any FamBear policy or any applicable law or regulation, whether or not referenced herein;
    • b. death, illness, personal injury, or property damage arising out of or resulting in any way from any actual or alleged defect in a Service;
    • c. any act or omission of Customer, its agents, employees, or subcontractors relating to the Services they ordered;
    • d. any actual or alleged infringement of any patent, trademark, copyright, trade secret, trade dress or other intellectual property right of a non-party related to a Service.
  • 11.2 If FamBear seeks indemnification from a Covered Claim, FamBear may provide Customer reasonably prompt notice of that claim. If FamBear sends Customer a notice of a Covered Claim, Customer shall respond reasonably promptly to FamBear’s request, and shall select counsel reasonably acceptable to FamBear to handle the Covered Claim. A FamBear Party may also hire counsel at its own expense to participate in the defense of a Covered Claim. Customer shall not bind a FamBear Party in a settlement of a Covered Claim without that FamBear Party’s prior written consent.

12. Amendment

FamBear may amend the terms of this Agreement (including without limitation, any Annexures hereto) from time to time and will either post such amendments to the Site (“Amendment Notice”). If Customer objects to any amendment to the terms of this Agreement (including any Annexure hereto), Customer should terminate this Agreement. If Customer continues to use the Site after the effective date of any amendment, Customer will be deemed to have agreed to and accepted any modifications set forth in the amendment.

13. Waiver

Neither Party shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing. Waiver by either Party of a breach or violation of any provision of this Agreement shall not constitute a waiver of any subsequent or other breach or violation.

14. Severability

If any provision of the Terms shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from the Terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.

15. Interpretation and Governing Law.

This Agreement and any interpretation or requirements made under the terms of this Agreement shall be governed in accordance with the laws of the Kingdom of Thailand.

I HAVE READ THE AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP”, “JOIN NOW”, “LOG IN”, “CONFIRM BOOKING”, “SEND MESSAGE”,” CONTACT US VIA SOCIAL MEDIA PLATFORMS”, “LINE”, “WHATSAPP”, “FACEBOOK”, “INSTAGRAM”, “EMAIL”, “PHONE”, “CHAT”, OR “ACCEPT” BUTTON DURING USING THE SITE, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.

IN WITNESS WHEREOF, the parties have read and fully understood therein and hereunder subscribed their signatures in the presence of witnesses as of the date written below.

Company: Fambear Company Limited     Witness

_________________________________     ________________     _________________________________    ________________
Name: Ms. Dipika Ratnaphat    Date     Name:    Date


Customer     Witness

_________________________________     ________________     _________________________________    ________________
Name:    Date     Name:    Date