Terms of Use

1. Introduction

These Terms of Use (the "Terms") set forth and apply to the users who access the Site (“User”). Please read the following Terms of Use and any applicable Additional Terms carefully before using this Site or opening a FamBear account ("Account"). If you do not accept these Terms of Use, do not use our services, access the Site or open account.
By using the Site or the Services, you hereby represent, warrant, understand, agree to be bound by these Terms of Use and any applicable Additional Terms in their entirety whether or not you register as a user of the Site or Services.

For purposes of these Terms:

  • FamBear shall mean American Thai Holdings Company Limited. and its affiliates and subsidiaries (“FamBear”, “we” or “our”).
  • The "Site" shall mean 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.
  • The "Services" shall mean all services are provided by FamBear through the Site or any other channels including all content of the Site.
  • The Site services are to provide opportunity and facilitate meetings between the Caregivers (“Caregivers”) and the service users (“Customer”) (collectively “you”, “Users”, “Client” or “Parties”). FamBear cannot ensure that meetings will actually complete a transaction. In case of complete transaction, the actual contract for services is directly between Caregivers and Customer, FamBear is not a party to that or any other contract between Caregivers and Customer and no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the service contract between them by themselves. FamBear is not responsible and involved for any breach, violation and damages arising from any causes between Caregivers and Customer. FamBear may or may not pre-screen Caregivers and Customers or the Content or information provided. FamBear does not employ any Caregivers nor is it responsible for the conduct or actions of any Caregivers or customer.
2. By using the Site, you represent and agree that:
  • If you are an individual, you are of legal age to enter into a binding contract, or that if you are registering to be a user of the Site on behalf of a legal entity, that you are authorized to enter into, and bind the entity to the Terms;
  • You will use the Services for lawful purposes only and in accordance with the Terms and all applicable laws, rules, codes, directives, guidelines, policies and regulations;
  • You will not use the Services and the Site to cause tortuous, fraud, defamatory, threatening, nuisance, annoyance or inconvenience, not impair the proper operation of the network and not try to harm the Services and the Site in any way whatsoever. Competitors, competitor’s employees or affiliates are prohibited from joining the site for malicious purposes or to gain competitive intelligence. Any violation of this policy will be enforced with a court order and a demand for any and all damages.
  • You understand and accept that FamBear makes no representation or warranty the accuracies, completeness or quality of the Content on the Site and FamBear shall not be liable in any way for any Content, including, but not limited to, any errors, violation, harmful or damage 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.
  • You understand and accept that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site.
  • You understand and accept that information contained in user (including Caregivers and Customer) profiles, posting and applications are supplied by the respective party themselves and is not information provided by and involved with FamBear. FamBear shall not be responsible for the accuracies or correctness of mentioned information.
  • You will keep secure and confidential your account password or any identification we provide you which allows access to the Services and the Site. If the service or the Site is used through your account whether it is using for the benefit of anyone, that mean you use by yourself and it is under your responsibility, any damages arise from your default, FamBear shall not be responsible for this matter.
  • You will provide us the necessary matters with whatever proof of identity we may reasonably request or under the laws.

If you use the Site or Service and do not comply with any of the above terms and conditions FamBear reserves the right to immediately terminate the Services and use of the Site.

3. Privacy

Your privacy is very important to us at FamBear. To better protect your rights, we have provided the FamBear Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how FamBear collects and uses the information associated with your Account and/or your use of the Services (the “User Information”).

4. Disclaimer
  • The User of the Site, whether individual use or authorized legal entity, is not affiliated with FamBear in any way, FamBear is merely an online platform as a means of facilitating the Users. FamBear is not an agent, representative or employer of the User. Any action or damages arising from the User is not under FamBear's liability and FamBear shall not be responsible in any way for these matters;
  • FamBear makes no representation or warranty of any kind either explicitly or implicitly as to the accuracies, correctness, reliability, lack of viruses or other harmful components of the information, contained within the Sites for any purpose. FamBear shall not be liable for any damages directly or indirectly resulting from the use of the Site, including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the User;
  • FamBear may or may not screen content displayed on this site. FamBear and its designees shall have the right in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content or information posted by you, that is available on the Site as content or action of which (1) breach the Terms; (2) received a complaint from another User; (3) received a notice of intellectual property infringement or other legal instruction for removal; or (4) if such Content is otherwise objectionable. We may also block delivery of a communication to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms.
  • FamBear reserves the rights to access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over FamBear or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce the Terms; (3) respond to claims that any Content violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property or personal safety of FamBear, the User and/or the public.
5. License Permission and Copyright

FamBear grants you a limited, non-exclusive, non-transferable license:

  • to view, download and print any FamBear Content under the purposes of the Site;
  • to view any User Content to which you are permitted access under the purposes of the Site.

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting us at contact@fambear.com. and providing the sufficient evidences to proof the copyright ownership.

6. Fraudulent or suspicious activity

In case of fraudulent or suspicious activity, FamBear, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect the User or other third parties from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

  • We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;
  • We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account;
  • We may refuse to provide the Services to you now and in the future;
7. Violation of the Terms

In case of violations of the Terms, that may result in a range of actions, including, without limitation, any or all of the following:

  • Listing deletion
  • Limits placed on Account privileges
  • Account suspension and subsequent termination
  • Criminal charges
  • Civil actions, including without limitation a claim for damages and/or interim or injunctive relief

If you believe a User on the Site is violating these Terms, please contact us at contact@fambear.com.

8. Connection to the Third-Party Web Site

The connection made to the third-party web site through this web site is merely as an additional convenience for the Site user. FamBear does not control or have any authority to endorse or confirm the accuracy, completeness, credibility of such web site. Information contained in third-party web site may be restricted for further dissemination due to the copyright regulations. Therefore, any wish to make use of such information requires proper permission from the owner of the copyright directly.

9. Payment, Order Policy, Cancellation Policy and Refund Policy

All purchases and transactions are nonrefundable.

Payments can be made through the following options:

  • Credit Card: Card payments are processed through third-party payment processor (the "Payment Processor") to link your credit card account to the Site. The processing of payments or credits, as applicable, in connection with your use of the Services and FamBear will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms of Use. FamBear is not responsible for any errors by the Payment Processor. In connection with your use of the Services, FamBear will obtain certain transaction details, which FamBear will use solely in accordance with our Privacy Policy.
  • Bank Transfer: If the User make payments through an Automated Teller Machine or internet bank transfer (“Bank Transfer”) to specified FamBear bank account for the Service offering purchased, User 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, User’s order will be cancelled.

In case that FamBear can only pay users through Bank Transfer, User are required to provide FamBear with their Bank account information in order to receive payments, such as, services offering fee, or refund form FamBear etc.

In case that FamBear can only pay users through Bank Transfer, User are required to provide FamBear with their Bank account information in order to receive payments, such as, services offering fee, or refund form FamBear etc.

By payment through any method, FamBear takes no responsibility and assume no liability for any loss or damages to the User arising from payment information entered by User or wrong remittance by User in connection with the payment for the Service offering purchased. We reserve the right to check whether User 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.

10. Indemnification

By accepting the Terms and using the Services, you agree that you shall 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: (1) your violation or breach of any term of the Terms or any applicable law or regulation, whether or not referenced herein; (2) your violation of any rights of any third party, or (3) your use or misuse of the Services and the Site.

11. Modification of the Terms

Fambear reserves the right to modify, adapt, suspend or terminate the Site or all or part of the Service and modify the Terms at any time by posting the revised Terms on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms of Service

12. 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.

13. Interpretation and Law Governing.

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.
If you have any questions or concerns about the Terms or any issues raised in the Terms or on the Site, please contacts us at: contact@fambear.com.