This FamBear Customer Agreement is made by and between the brand name FamBear under American Thai Holdings Company Limited and you as the Customer of the Site and our services.
FamBear is the site, mobile app, services, and other channels (collectively known as the Site) that provide opportunities and facilitate connections between the Caregiver (also known as the Service Provider) 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 caregivers or customers.
The customer is the user of the site as the independent employer and wishes to hire for work with the caregiver in the service listing through the site on the terms and conditions hereinafter set forth.
By using the site, the customer acknowledges, understands, and agrees that by registering for or using the site, the customer agrees 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 continues to use the Site, the Customer will be bound by the then-current terms of this Agreement.
THIS AGREEMENT IS EFFECTIVE AND BINDS THE PARTIES WHEN THE CUSTOMER SIGNS THEIR NAME MANUALLY IN THIS AGREEMENT, MAKES AN ELECTRONIC SIGNATURE, OR CLICKS THE “SIGN UP”, “JOIN NOW”, “SIGN IN”, “SEND”, “CREATE ACCOUNT”, “LOG IN”, “CONFIRM BOOKING”, “SEND MESSAGE”, “CONTACT US”, “BOOK INTERVIEW”, “INTERESTED”,” CONTACT US VIA SOCIAL MEDIA PLATFORMS”, “LINE”, “WHATSAPP”, “FACEBOOK”, “INSTAGRAM”, “EMAIL”, “PHONE”, “CHAT”, “ACCEPT” BUTTON, OR ANY OTHER METHOD OF COMMUNICATION. IF THE CUSTOMER DISAGREES WITH ANY TERMS OF THIS AGREEMENT, YOU DO NOT USE THE SITE AND SERVICES.
Unless the context indicates otherwise, the words and expressions set out below shall bear the following meanings and cognate expressions shall bear corresponding meanings:
- FamBear means American Thai Holdings Company Limited. and its affiliates and subsidiaries (“FamBear”, “we” or “our”);
- Customer means a customer who orders and purchases the Services through the Site, electronically, via phone, via any method of communication, or in person (“Customer” “you” or “your”);
- “Caregiver” means the caregiver, as the independent contractor, who wishes to offer their Services to the Customer through the Site and has registered on the Caregiver Portal on the Site;
- "Site" means www.FamBear.com and any other websites, web pages, mobile applications, any and all other methods of communications, 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;
- “Caregiver Portal” means the web-based tool or other web services or interfaces, provided by FamBear that Caregiver can use to manage its settings, content, and other information related to the Site, including all associated services listing requirements;
- "Services" means all services and products that the Caregiver, FamBear, or any other party offers on the Site or any other channels, approved by FamBear, and as reflected on the Caregiver Portal;
- “Service Agreement” means the written or verbal agreement made by and between customer and caregiver to engage and deliver the proceeds of the Services as offered and ordered through the Site or other channels.
- “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;
- “Content” means any information that may be generated or encountered through the 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
- “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);
- “Customer Marks” means the Customer’s name, trademarks, service marks, and logos;
- “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);
- “Orders” means orders placed by a customer through the Site electronically, via phone, any method of communication, or in person for the purchase of Services;
- “Transaction Information” means the Customer’s Order information and the Caregiver’s payment information including but not limited to the Customer and Caregiver’s name, telephone number, email address, and address.
3. Customer represents, warranties and agree that;
- In case of an individual, you are of legal age to enter into binding this Agreement, you are representing another party on their behalf, you have given permission to another individual to represent you, or you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to this Agreement;
- 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;
- Customer represents and warrants that they will review and obtain all the necessary licenses, permits, work permits, visas, valid passports, valid ID cards, insurance, registrations, and any other necessary paperwork if any, required to hire the Caregiver in accordance with all applicable laws, rules, and regulations and that the Customer will act in good faith to the Caregiver in according to the Customers’ orders and specifications and with the standard of care prevailing in the industry.
- Customer is responsible for evaluating and determining the suitability of any proposed engagement or potential Caregiver on your own. If the Customer decides to enter into a Service Agreement, the Service Agreement is directly made by and between the Customer and Caregiver who will be entirely responsible for the Service Agreement between them on their own, and FamBear is not a party to that Service Agreement. FamBear is not responsible and involved in any breach, violation, or loss arising from any cause between the Customer and Caregiver. FamBear does provide ancillary services supporting the administration of the Service Agreement, such as processing payments and facilitating dispute resolution. Please do not enter into an agreement with the caregiver or caregivers without notifying Fambear and paying all applicable fees due to FamBear. Violation of this policy will result in you being banned from FamBear and paying any and all costs, including but not limited to legal fees and damages. Furthermore, FamBear reserves the right to file a police report as a record to recover all damages.
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 an 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 the Customer’s registration for using the Site, FamBear will provide the Customer access to the Site for engagement of the Services on Service Listings and facilitate the completion of the transaction between Customer and Caregiver. FamBear reserves 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
- After the Customer orders the Services and pays any corresponding fees through the Site, you may use the services within your account to engage with the caregivers and to receive delivery of the Services associated with your purchase.
In some cases, the caregiver may ask to incorporate an additional set of terms and conditions they define, in which case the Customer will be asked to agree to a separate Service Agreement between the Customer and Caregiver. The Service Agreement is made by and between the Customer and Caregiver, it is not involved and obliged to FamBear.
- All offered services content through the site is provided by the Caregiver and is the caregiver’s responsibility on their own. FamBear does not represent, warrant, or verify the accuracy, correctness, non-misleading, non-deception, harmlessness, or license 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 or via any method of communication are not the responsibility of FamBear. The caregiver 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
- In the event that the caregiver provides incorrect pricing information in the service listing (“Pricing Error”), It is not associated and is not the liability of FamBear. The caregiver is responsible and handles this issue on their own without FamBear’s control and command. FamBear provides the service channels to support the customer for any issues arising out and in connection with the use and services of the site. Customers may comment, rate, and review the Caregiver’s performance through the Site in the ratings or other methods of communication. Any customer ratings or contact in any form of communication is the sole responsibility of the customer and not FamBear’s responsibility.
- Customer acknowledges, understands, and agrees that the caregiver 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.
- Customer acknowledge, understand, and agree that:
- FamBear shall not have any liability or obligations under or related to Service Agreements and/or Caregiver’s Services for any acts or omissions by Customer or Caregiver. FamBear is not a party to the relationship or Service Agreement between the Customer and Caregiver. Without limitation, the Customer is solely responsible for:
- ensure the accuracy and legality of any customer information;
- determining the suitability of the caregiver for employment or any agreement (such as any interviews, vetting, background checks, or similar actions);
- negotiating, agreeing to, and executing any terms or conditions of the Service Agreement,
- paying Fees set forth for customer orders and caregiver’s services.
- FamBear does not, in any way, supervise, direct, or control any Caregiver or Caregiver’s Services; does not impose quality standards or a deadline for completion of any Caregiver’s Services; and does not dictate the performance, methods, or process Caregiver use to perform services. All Customer Orders are determined by the Customer with your own understanding and consideration, and the Customer is responsible for evaluating and determining the suitability of any proposed engagement, or potential caregiver on your own. FamBear shall not be liable for losses of any kind incurred as a result of the Service Agreement or any other agreements both written or verbal.
- Customer and Caregiver 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 Caregiver for work performed. All terms and conditions of the Service Agreement are set forth by the customer and caregiver at the parties’ sole discretion. The customer and caregiver are responsible and obligated under the Service Agreement on their own.
- Orders Status Update
After the Customer orders and payment are completed, FamBear will make available the necessary access or by other means all the transaction information, and the caregiver will manage all orders or other methods of communication where the customer can view, check, and track your order status. If FamBear believes a transaction is erroneous, duplicate, contrary to FamBear’s policy, or fraudulent, FamBear may stop, cancel, or prohibit the transaction.
- Customer agrees to the FamBear pricing, payments, and terms listed on the site and on FamBear’s invoicing or communicated to the customer by any form of communication.
- Customer acknowledges and understands that the caregiver is responsible for handling all customer service issues related to the caregiver’s services. FamBear is not responsible for handling customer service issues related to Caregiver Services. However, FamBear facilitates and supports the Customers by contacting the caregiver directly to handle customer service issues. If the Caregiver 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 the Caregiver directly.
- For disputes arising between customer and caregiver under the Service Agreement, Customer acknowledges and agrees that FamBear is not involved with such disputes and FamBear will not and is not obligated to provide any dispute assistance for such disputes.
- Customer Reviews and Ratings.
FamBear may ask and allow the Customer and Caregiver to rate or provide comments regarding the Caregiver’s Services or performance and may post any resulting ratings or comments on the Site for public display. Customers understand that you are solely responsible for any legal action that may be instituted by the Caregiver or third parties as a result of or in connection with your reviews if the content of the review is illegally actionable or defamatory, FamBear is not legally responsible for any reviews or comments posted or made available on the Site or any other form of communication by customer or caregiver, even if that information is defamatory or otherwise illegally actionable.
- Cancellation of the Orders and Refund
- A customer may cancel or change any order for purchased services through the site or via other methods of communication at any time; however, FamBear is not responsible for any refunds. All purchases and transactions are nonrefundable. FamBear reserves the right to accept or reject all refunds, and change requests by Customers at FamBear’s sole discretion. If FamBear accepts or rejects the cancellation or change requests, the Customer will be informed through the Site or otherwise channel of FamBear. In case of rejection, the Customer understands and agrees that you shall not claim in any kind of manner in connecting with these matters to FamBear. The plans are listed on the website pricing page and communicate to you the customer details of the replacement conditions in the event the customer or service provider is not satisfied. There are rare cases whereby due to a customer's location, customer changing their requirements, customer’s behavior or action, or other reasons outside of FamBear’s control a replacement cannot be completed. FamBear is not responsible for the replacement in these cases. If your behavior or actions cause FamBear to ban you, FamBear is not responsible for any replacement or due funds. By paying your invoice you agree to no refunds and all of FamBear's legal terms.
- FamBear reserves the right to amend or modify any policy at its sole discretion at any time without notice. FamBear will publish the amendment through the Site or other methods of communication.
6. Fees and Payment
- By using and ordering the services as offered in the caregiver Portal through the site or any form of communication, the Customer will be charged the Fees by using one of the payment methods we support. When the payment is complete, FamBear will notify the caregiver to accept your order through the site or any form of communication.
- 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, the Customer is responsible for determining, calculating, collecting, reporting, and remitting the correct withholding form FamBear to the appropriate tax authorities with your own. If Customer defaults 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.
FamBear may change the fee and terms by posting the new fee and terms on the pricing information page or by a written presentation. Any revised fee or terms will be effective from the date it is posted. The customer’s failure to pay the fee constitutes a material breach of this Agreement.
- 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 prior notice.
- By payment of any fees, 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.
- By payment of any fees, Customer acknowledges and understands that Caregiver is responsible for:
- determining whether Caregiver Taxes apply to a Customer Order;
- collecting, reporting, and remitting the correct Caregiver Taxes to the appropriate tax authorities;
- reviewing, determining, and calculating settings and all related tax information for Services;
- reviewing all tax-exempt transactions
- 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. The customer will provide such information to FamBear as reasonably required to determine whether FamBear is obligated to collect Indirect Taxes from the 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.
- 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.
- Payments can be made through the following options:
- 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, the Customer’s order will be canceled.
- In cases where FamBear can only be paid by the Customer through Bank Transfer, the Customer is required to provide FamBear with their Bank account information in order to receive payments, such as refund from FamBear, etc.
- By payment through any method, FamBear takes no responsibility and assumes no liability for any losses or damages to the Customer arising out of payment information entered by the customer or wrong remittance by the customer in connection with the payment for the Customer’s Order. FamBear reserve the right to check whether Customer is duly authorized to use a certain payment method, and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.
- Customer hereby authorizes FamBear to use any of the following methods for obtaining payment of amounts Customer owes FamBear:
- charging Customer’s credit card, or deducting funds from Customer’s bank account;
- reversing any credits to Customer’s Account;
- deducting amounts owed to FamBear from any Customer Funds FamBear requires;
- Off-setting any payments FamBear owes to Customer by any amount Customer owes to FamBear; or
- seeking payment from Customer by any other lawful means
- All fees paid are non-refundable. Any permitted refunds will be considered at FamBear’s sole discretion.
7. Confidentiality and Privacy
- 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:
- existing or contemplated services, designs, technology, processes, technical data, techniques, methodologies, concepts, strategy, and any information related thereto;
- transaction Information, all payment card data and all tax codes of the Site;
- Caregiver lists and Caregiver information
- Confidential Information shall exclude information that:
- 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;
- 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;
- 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
- was rightfully known to the Customer, without restriction, at the time of disclosure
- During the term of this Agreement, Customer access to Confidential Information belonging to FamBear, Caregiver, its suppliers, and others, the 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. The customer agrees to not disclose any confidential information to FamBear’s competitors.
8. Intellectual Property and Information Ownership.
- 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, any content, document, or data (“Customer Information”) in connection with use of the Services through the Site. The customer agrees that FamBear may permit users of the site to share and post content on their own social media outlets. For example, but not limited to: The customer information to find job candidates. Fambear follows all local laws that are applicable to our business and we treat our customer information with the highest level of protection.
- 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.
- FamBear will own all rights, title, and interest in 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.
- Disclose or convey any Transaction Information to any third party (except as necessary for Customer to perform its obligations under the Agreement);
- Contact a caregiver or influence a caregiver to make an alternative financial arrangement or additional order without FamBear’s consent; or
- target communications of any kind to the site users.
- 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 caregiver portal, services provided by FamBear, any service provider or caregiver, 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.
- 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 Caregiver’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.
- FamBear shall not have any responsibilities and liabilities for 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 Caregiver, its agents, employees, or subcontractors relating to the Services they provide or Service Agreement or any causes between Caregiver and Customers. FamBear may or may not pre-screen Customers and or the Content or information provided by Customers.
- FamBear uses third-party vendors and governmental agencies to offer document checks, background checks, identification validation, passport checks, visa checks, work permit checks, job reference checks, skills checks, skills validation, classes, covid checks, medical checks, and other checks. Please note there are limitations to the services offered. Therefore, FamBear nor its affiliates, owners, officers, directors, licensors, suppliers, employees, or agents make any representations or warrants, express or implied, to a customer, customers, business, or any party with respect to the purchasing of any services through the site or via any other method of contact and all such services provided by FamBear are provided on an “as-is” and “as available” basis. FamBear shall not have any responsibilities and liabilities for 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 service, any act or omission of the caregiver, its agents, employees, governmental agencies or subcontractors relating to the services they provide. If a service provider or caregiver gives incorrect information, the background check might be run with inaccurate identifying data, which can impact the validity of the criminal background check and all other checks. Background checks, identification validation, passport checks, visa checks, work permit checks, job reference checks, skills validation, covid testing, and medical checks, and other checks can be helpful and uncover potential red flags, however they are not always 100% accurate and no check should be relied upon to determine a service provider or caregiver complete criminal history or suitability as a service provider or caregiver. We strongly recommend that these checks only be used as one part of a candidate selection and hiring process. A background check is not a substitute for conducting thorough in-person interviews, follow-up reference checks, online and social media searches, obtaining copies of the candidate's identification documents, and conducting ongoing monitoring of any individual you hire. 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. FamBear does not employ any service providers or caregivers nor is it responsible for the conduct or actions of any service provider or customer or any other individual, entity, or application. Customers using the site or company to find a caregiver should not assume the service provider or caregivers can swim, operate any type of equipment, drive, administer medicine, or do any other activities. Customers should conduct ongoing monitoring of any individual.
- Therapy/Special Needs Services. Our therapists will adhere to confidentiality regarding your child’s therapy program. The therapist may work with key members at your child’s school, or your child’s caregiver and information sharing may be necessary . Our therapist agrees that they will not communicate any sensitive information to any third party without the prior consent of a parent or guardian. The parent/guardian agrees to keep all communication verbal and written confidential. Punctuality for therapy sessions and child pick up is vital. Child/person receiving therapy must be dressed in appropriate comfortable clothing so that movement is not restricted – please refrain from wearing dresses; wear shorts under skirts and hair to be pulled back. Success of therapy depends on clear communication, teamwork and collaboration from all involved players (child, therapist, family/educators). The therapist will share information about therapy sessions, progress toward therapy goals and make recommendations for home and/or school. Success is influenced by regular attendance and practice at home or at school as per recommendations. In the event of a medical emergency, we will make every effort to contact the parents or guardian; if this is not possible; within this agreement, you give us permission to take the child or person receiving therapy or any person that accommodates the person receiving therapy to the closest available medical facility. In addition, you agree to the medical facility’s terms.If the person receiving therapy is sick, they should not attend therapy. If they have been sick or have had a fever, the person should be symptom free without fever/symptom reducing medication for at least 48 hours prior to attending a therapy session. No-Refunds. All payment for therapy services must be made prior to therapy sessions. Notice of cancellation or request for change in session time must be provided at least 24 hours in advance otherwise the session will be charged in full. Within this Agreement, you (the parent or guardian), your child, the person receiving therapy, relatives, caregiver or any person or entity associated with you agree to defend, indemnify and hold our therapists, company, its owners, employees, sub contractors, service providers, caregivers, vendors, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) that arises from any injury or harm while participating in any activity at any of our locations in the world, off premise or while traveling.The parent or guardian may terminate this agreement for any reason by notifying us in writing. We may terminate this agreement for any reason by notifying the parent or guardian. We may amend the terms of this Agreement from time to time and the updated version will be on our website. If you object to any amendment to the terms of this Agreement you should terminate this Agreement. If you continue to use our services, you agreed to and accepted any modifications set forth in the amendment. The confidentiality terms of this agreement continue to apply even if the agreement is terminated.
10. Terms and Termination
- This Agreement starts to bind the parties when Customer registers on the Site and continues until terminated by a party.
- Customers 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.
- Upon termination, any rights or obligations of a party with respect to any outstanding service transaction (including fulfillment of 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.
- Upon this Agreement, Customer agrees 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:
- 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;
- 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 Customer, its agents, employees, or subcontractors relating to the Services they ordered;
- any actual or alleged infringement of any patent, trademark, copyright, trade secret, trade dress, or other intellectual property rights of a non-party related to a Service.
- If FamBear seeks indemnification from a Covered Claim, FamBear may provide the Customer reasonably prompt notice of that claim. If FamBear sends Customer 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.
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.
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. A 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.
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 OF THE SAME HEREAFTER. BY CLICKING THE “SIGN UP”, “JOIN NOW”, “SIGN IN”, “SEND”, “CREATE ACCOUNT”, “LOG IN”, “CONFIRM BOOKING”, “SEND MESSAGE”, “CONTACT US”, “BOOK INTERVIEW”, “INTERESTED”,” CONTACT US VIA ANY SOCIAL MEDIA PLATFORMS”, “LINE”, “WHATSAPP”, “FACEBOOK”, “INSTAGRAM”, “EMAIL”, “PHONE”, “CHAT”, “ACCEPT” BUTTON, OR ANY OTHER METHOD OF COMMUNICATION, 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.