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Terms of Service

Personal Information 

Surplus Foods Asia is Business to Business e-commerce company. Surplus Food Asia respects your privacy. This Privacy Policy provides succinctly the manner your data is collected and used by Surplus Food Asia on the Site. As a visitor to the Site/ Customer you are advised to please read the Privacy Policy carefully. By accessing the services provided by the Site you agree to the collection and use of your data by Surplus Foods Asia in the manner provided in this Privacy Policy.

Services overview 

As part of the registration process on the Site, SFA may collect the following personally identifiable information about you: Name including first and last name, alternate email address, mobile phone number and contact details, Postal code, Demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information.

Membership and Account 

Age:  The Users must be at least 18 years old to be entitled to use our Services. Otherwise, the Users under 18 years may only use the Services under supervision of a parent or legal guardian. Registering new account for an individual/a natural person, SFA does not have requirement on an identity verification. As such, SFA cannot guarantee the true identity, name, age, nationality, and address of Users. It shall be deemed that all transactions and orders made through the User's account is made by an adult or with supervision of the parents/guardians and that the purchase is legally binding and completed.

Compliance:  By browsing SFA's Website and Application and using SFA's Services, the Users is subject to accept and comply with all SFA's terms, conditions, policies provided through, as well as its revision published on, Website and Application from time to time. The Users is also subject to comply with the applicable laws regarding to the Services rendered.

Account and Password:  It is important that the Users keep their account username and password private and secured. As the account contains personal information of the Users such as billing and payment information, the individual Users must not share their account and password with other persons. The Users have sole responsibility on their activity conducted or committed through their account. Any use of account by other persons whom shared the account and password with shall not be deemed as an excuse to deny any responsibility of the account owner or User.

Juristic Users:  For the account of the juristic persons, the Users warranty that the registering of the account for SFA's Service (i) fall within the scope of business registered with Department of Business Development, Ministry of Commerce, (ii) is legally binding to such juristic person, and (iii) is acknowledged and authorized by the authorized persons. The account is not transferable or able to change the account owner to other legal entity. The Users accept and agree that any privilege or benefit offered for certain juristic Users are exclusive and shall not be transferable or assignable to any other Users, unless SFA agrees otherwise.

License & Site access  

SFA grants you a limited sub-license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of SFA. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SFA. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site or of SFA and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Site's or SFA's name or trademarks without the express written consent of SFA. Any unauthorized use terminates the permission or license granted by SFA

Services and Fee 

Service Fee:

SFA currently provides each User's exploration and usage of SFA's Website and Application without any administrative fee charged. Also, we provide the free membership for all Users with no subscription fee, regardless as to whether there is any purchase or transaction made through the account of the Users or not. However, our business model, Services and policy regarding to the fee charged are subject to changed from time to time at SFA's sole discretion. In such case, SFA shall send you an advance notification of the change via SFA's Website and Application prior to the actual charge

SFA may also temporarily change the Fees and Services for its services for promotional events from time to time; such changes are effective when SFA posts the temporary promotional event on Website and Application. In the event SFA introduces a new service, the fees for that service are effective at the launch of the new service. Unless otherwise stated, all fees shall be quoted in Thai Baht (THB). Once SFA imposes the service fee, the Users shall be responsible for the applicable taxes associated with using the Services. All fees shall be inclusive of Thai VAT where applicable.

Pricing 

All the products listed on the Site will be sold at price specified for each product. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. The prices of some of the commodities and fresh food do change on a daily basis. In case the prices are higher or lower on the date of delivery no additional charges will be collected or refunded as the case may be at the time of the delivery of the order. The price of the products in this platform does not include VAT. SFA will calculate the VAT and shipping rates for the users before making the payment.

Cancellation by Site / Customer 

You as a customer can cancel your order anytime up to the cut-off time of the slot for which you have placed an order by selecting the CANCEL option. In such a case we will refund any payments already made by you for the order. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.

Return & Refunds 

We have a "return and refund policy" which entitles all our members to return the product at the time of delivery if due to proper reason they are not satisfied with the quality or freshness of the product. We will take the returned product back with us and issue a credit note for the value of the return products which will be credited to your account on the Site. This can be used to pay your subsequent shopping bills. In the event of force majeure that SFA is unable to deliver the products to individual users SFA is happy to refund the user for the full amount of the product payment that has been made by the user.

You Agree and Confirm 

1. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by SFA for redelivery shall be claimed from you.

2. In the event of force majeure that SFA is unable to deliver products to users/customers, SFA is obliged to notify users as soon as SFA is aware of the cause of the operation.

3. That you will use the services provided by the Site, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.

4. You will provide authentic and true information in all instances where such information is requested of you. SFA reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever.

5. You authorise Surplus Food Asia to contact you for any transactional purposes related to your order/account.

6. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.

7. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.

8. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.

You may not use the Site for any of the following purposes: 

1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

2. Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

3. Gaining unauthorized access to other computer systems.

4. Interfering with any other person's use or enjoyment of the Site.

5. Breaching any applicable laws;

6. Interfering or disrupting networks or web sites connected to the Site.

7. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Photograph of Products 

SFA does not have ownership rights in the photographs of Products. The photographs are provided by the Sellers of which warrant to SFA that the Sellers own the legal right to use, display, and/or allow SFA to use and display these photographs on SFA's Website and Application. In this regard, the Sellers have granted SFA a non-exclusive, worldwide, perpetual, irrevocable, royalty free right to display the photograph on SFA Website and Application for the purpose of Services provision herein.

Modification of Terms & Conditions of Service 

Surplus Food Asia may at any time modify the Terms & Conditions of Use of the Website without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Site. You should regularly review the Terms & Conditions on the Site. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Site.

Dispute Resolution 

The Users must first reach out to or contact SFA directly to file any complains or any dispute. SFA, for the benefit of Users, may try to help users resolve the disputes. Any dispute arising from or relating to this Terms of Use or the use of SFA's Services shall be subject to the exclusive jurisdiction of the courts of Thailand.

Governing Law 

This Terms of Use shall in all respects be interpreted and governed by the laws of Thailand.

I HEREBY ACKNOWLEDGE THAT I HAVE READ THESE TERMS OF SERVICE, UNDERSTAND SUCH TERMS, AND AGREE TO BE BOUND BY THEM.

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