All text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, design, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to FamBear, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. By accessing our Site, you agree to keep all activities confidential and require written approval from FamBear for any disclosure.
Advertising. FamBear does not represent and warrant that advertisements of the products or services on the FamBear Platform or the (third party) content made available / hosted on the third-party sites are true and correct. Accordingly, FamBear takes no responsibility over and expressly disclaims any liability arising out of, the advertisements or usage of such advertised products or services. Any dealings you have with advertisers due to your use of the products or services advertised on the FamBear Platform are between you and the advertiser, and you agree that FamBear is not liable for any loss or claim that you may have against an advertiser.
FamBear may use third-party vendors and governmental agencies to offer background checks, identification validation of users, passport checks, visa checks, work permit checks, job reference checks, skills validation, medical checks, telephone number validation, and other checks. Please note there are limitations of the services offered. Therefore, FamBear nor its affiliates, officers, directors, owners, licensors, suppliers, employees or agents make no representations or warrants, express or implied to any party with respect to the purchasing of 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 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 users, its agents, employees, governmental agencies or subcontractors relating to the services they provide. If a user gives incorrect information, the check might be run with inaccurate identifying data, which can impact the validity of the records and all other checks. Background checks, identification validation, passport checks, visa checks, work permit checks, job reference checks, skills validation, 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 user’s complete criminal history or suitability. We strongly recommend that these checks only be used as one part of a selection 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 identification documents, and conducting ongoing monitoring of any individual. FamBear and its subsidiaries do not employ any caregivers or act as an agent for any user looking to hire a caregiver. FamBear may provide estimated percentage matching for users. These estimates are only assumptions provided by separate individuals or entities and should not be used as an actual calculation. FamBear makes no warranty or guarantee on any percentage matching. Users using the site to find a caregiver are independent employers and are not associated with FamBear. The user using the Site to find a caregiver represents and warrants that they will not harm the caregiver or user in any manner, 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 caregiver in accordance with all applicable laws, rules and regulations and that the User will also act in good faith to the caregiver in according with the standard of care prevailing in the caregiver industry and follow all applicable laws. User using the site to find a caregiver are responsible for evaluating and determining the suitability of any proposed engagement or potential caregiver on their own. If Users decides to enter into an Agreement, the Agreement is directly made by and between the Users who will be entirely responsible for the Agreement between them, and FamBear is not a party to that Agreement. FamBear is not responsible and involved for any breach, violation and losses arising from any causes between Users. FamBear makes no warranty or guarantee of any services offered on our Site. Users may comment, rate and review other users through the Site and other channels. The User makes these comments, ratings and reviews on their own and responsible for their comments, ratings and reviews. Connecting to any third party application from our site is the user’s own responsibility and FamBear is not responsible for any kind of loss. FamBear is not responsible for any comments, ratings or reviews. Users understand that you are solely responsible for any legal action that may be instituted by another User or third parties as a result of or in connection with your reviews, ratings or comments if the content of review is illegally actionable or defamatory. User using the site to find a caregiver acknowledge, understand and agree that the Caregiver or Caregivers 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. Users using the site to find a caregiver and caregivers are responsible for all their own taxes under all applicable laws. Users using the site to find a caregiver should not assume caregivers can swim, operate any type of equipment, drive, administer medicine or any other activities. Caregiver agrees and consents to FamBear completing a satisfactory check of Caregiver’s background, including without limitation, a criminal record, education, work experience, license, certification regarding to your Service Listing as well as recording the service performance and all transactions in connection to use of the Site. Caregiver represents and warrants that you will not harm any customer, any user, any family member of the customer, any person, any animal, cause any damage or pain to anyone or anything, have all the necessary licenses, permits, work permits, Visa, valid passports, valid ID card, insurance and registrations, if any, required to perform the Services in accordance with all applicable laws, rules and regulations and that Caregiver will perform the services according to the customers’ orders and specifications and with the standard of care prevailing in the industry. Caregiver agrees that he/she does not do illegal drugs, consume tobacco products around children under age, have an alcohol problem or any other related illness that can excludes him or her from performing any activities as required by a customer. Caregiver 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 any content or document or data (“Caregiver Information”) in connection with the offering of the Services through the Site, the terms of this agreement and for the listing, advertising, marketing and promotion of such services, including without limitation, through the Site, third party websites and social media. Caregiver agrees that FamBear may permit users of the Site to share and post the content on their own social media outlets. Caregiver hereby grants FamBear and marketing partners a non-exclusive, royalty-free, non-transferable license to publish, use, reproduce, distribute, transmit and display Caregiver marks in connection with the service of FamBear. FamBear will own all rights, title and interest in any Intellectual Property (IP) Rights on the site and all data collected or stored in connection with the Site. Except as expressly provided in this agreement, Caregiver will not have any ownership in or license to any such rights. If Caregiver is deemed to have any ownership interest or rights in all or any part of the foregoing, then Caregiver shall assign all of those interests and rights to FamBear. FamBear may use any Caregiver Information to create, develop, or modify the Site or any other FamBear or FamBear subsidiaries concept, brand, software code, product, or feature (“Improvements”), and FamBear will own any Improvement and any IP Rights. If Caregiver is deemed to have any ownership interest or rights in an Improvement, Caregiver shall assign all of those interests and rights to FamBear. FamBear has the sole right to determine the content, appearance, design, functionality and all other aspects of the Site. If a tax authority requires FamBear to pay any of Caregiver’s Taxes, Caregiver will promptly and immediately reimburse FamBear for the amounts FamBear paid and for any losses, expenses, or liabilities FamBear paid or incurred related to the tax authority’s demand to FamBear. Caregiver will keep confidential any and all confidential information belonging to FamBear, customers, its suppliers and others. Caregiver shall not violate any privacy policies of FamBear, customers and any relevant laws. The Caregiver shall treat as confidential all of the confidential information and shall not disclose such Confidential Information to a third party without written consent from FamBear's legal staff.
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, use of the Site, any act or omission of the Users using the site, its agents, owners, employees, or subcontractors relating to the services they provide. FamBear may or may not pre-screen Users using the site or the Content or information provided; therefore, FamBear is not responsible for any kind of losses.
Contact us or using our services includes a non defamation clause. All applicable local defamation laws apply. By contacting us or using our services, you agree that your data will be shared with others to facilitate the requested services and operations and in compliance with all local applicable laws.Full payment for services must be made in advance. Fambear reserves the right to reject any booking for protection, safety or other purposes.
Payments can be made through various options:
By payment through any method, FamBear takes no responsibility and assumes 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 or any other payment issues. We reserve the right to check whether User 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.
Signing up, logging in or certain features or services offered on or through the Site may require you to open an account (including setting up an FamBear ID, password or one time password (OTP)). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your login in ID, password, one time password and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify FamBear immediately of any unauthorized use of your account or password, one time password (OTP), or any other breach of security. You may be held liable for losses incurred by FamBear or any other user of or visitor to the Site due to someone else using your FamBear ID, password, one-time password (OTP), or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s FamBear ID, password, one-time password (OTP), or account at any time without the permission and consent of FamBear's legal staff. FamBear cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
This Site may contain links to other independent third-party Web sites, mobile applications, or communication ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under FamBear's control, and FamBear is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
The FamBear brand under American Thai Holdings Company Limited (The company) is committed to providing a safe environment, workplace, and community for (all employees, users, contractors, and suppliers) free from discrimination and sexual harassment at work or in any situation while doing business with the company. The Company will operate a zero-tolerance policy for any form of sexual harassment or discrimination. Any person found to have harassed or discriminated against another will face disciplinary action, up to and including dismissal from employment, removal from the platform, and report to local law enforcement. All complaints of sexual harassment and or discrimination will be taken seriously and treated with respect and in confidence. No one will be victimized for making such a complaint.
Sexual harassment is unwelcome conduct of a sexual nature that makes a person feel offended, humiliated, and/or intimidated. It includes situations where a person is asked to engage in sexual activity as a condition of that person’s employment, as well as situations that create an environment that is hostile, intimidating, or humiliating for the recipient. Sexual harassment can involve one or more incidents and actions constituting harassment may be physical, verbal, and non-verbal. Examples of conduct or behavior which constitute sexual harassment include, but are not limited to:
Anyone can be a victim of sexual harassment, regardless of their sex and the sex of the harasser. The company recognizes that sexual harassment may also occur between people of the same sex. What matters is that the sexual conduct is unwanted and unwelcome by the person against whom the conduct is directed.
The company recognizes that sexual harassment is a manifestation of power relationships and often occurs within unequal relationships in the workplace, for example between manager or supervisor and employee. Anyone, including employees of the company, clients, customers, caregivers, users, casual workers, contractors, visitors, or anyone doing business with the company who sexually harasses another may be reprimanded, reported to local law enforcement, and reported in accordance with this internal policy and per the governing laws.
All sexual harassment is prohibited whether it takes place within the company premises or outside, at a customer’s location, social events, business trips, training sessions, or conferences sponsored by the company.
Anyone who is subject to sexual harassment should, if possible, inform the alleged harasser that the conduct is unwanted and unwelcome. The company recognizes that sexual harassment may occur in unequal relationships (i.e., between a supervisor and his/her employee) and that it may not be possible for the victim to inform the alleged harasser. If a victim cannot directly approach an alleged harasser, he/she can approach one of the designated company human resources staff members responsible for receiving complaints of sexual harassment or fill out our online form.
When a designated person receives a complaint of sexual harassment, he/she will:
Throughout the complaints procedure, a victim is entitled to be helped by a counselor outside of the company. The company recognizes that because sexual harassment often occurs in unequal relationships within the workplace, victims often feel that they cannot come forward. The company understands the need to support victims in making complaints. Caregivers, customers, or any user of any of our platforms can contact the company Human Resources team or email us at email@example.com to file a report. Additionally, everyone is encouraged to contact local law enforcement for all additional assistance if needed.
The designated person who initially received the complaint will refer the matter to a senior staff member to instigate a formal investigation and may include outside legal counsel, law enforcement, and investigators. The Human Resources manager with senior management written approval may deal with the matter him/herself, and refer the matter to an internal or external investigator and or law enforcement.
The person carrying out the investigation will:
A person doing business with FamBear who has been subject to sexual harassment can also make a complaint outside of the company via our online form..
Anyone who has been found to have sexually harassed another person under the terms of this policy is liable to any of the following sanctions:
The nature of the sanctions will depend on the gravity and extent of the harassment. Suitable deterrent sanctions will be applied to ensure that incidents of sexual harassment are not treated as trivial. Certain serious cases, including physical violence, will result in the immediate dismissal of the harasser and the involvement of law enforcement.
The company will ensure that this policy is widely disseminated to all relevant persons. The company may require all employees to attend a refresher training course on the content of this policy. It is the responsibility of everyone doing business with the company to understand and agree to the policy.
The company recognizes the importance of monitoring this sexual harassment policy and will ensure that it collects statistics and data as to how it is used and whether or not it is effective. Supervisors, managers, and those responsible for dealing with sexual harassment cases will report on compliance with this policy, including the number of incidents, how they were dealt with, and any recommendations made. This will be done on a yearly basis. As a result of this report, the company will evaluate the effectiveness of this policy and make any changes as needed.
FAMBEAR DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. FAMBEAR CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. FAMBEAR DISCLAIMS ALL WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED. FAMBEAR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY FAMBEAR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST FAMBEAR FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
FamBear reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
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.
Except where prohibited by law, in no event will FamBear be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if FamBear has been advised of the possibility of such damages.
You agree to defend, indemnify, and hold FamBear, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against FamBear by any third party due to or arising out of or in connection with your use of the Site.
FamBear may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) FamBear rights or property, or the rights or property of users of the Site, including FamBear users and subsidiaries. FamBear reserves the right at all times to disclose any information that FamBear deems necessary to comply with any applicable law, regulation, legal process, or governmental request. FamBear also may disclose your information when FamBear determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
All rights reserved by FamBear. - Updated on January, 2023