Terms Of Use

 

We refer collectively to these entities as “Operator.” In addition to the listed websites, these Terms of Use also apply to any other Operator-owned platform on which they are posted, including Operator-owned mobile apps. These Terms of Use refer to the listed websites and all other platforms on which they are posted as our “Sites.”

These Terms of Use are effective as of May 19, 2021.

 QUESTIONS ABOUT THESE TERMS OF USE

If you have any questions regarding these Terms of Use, please contact us and we will work with the owner of the website or mobile app at issue to answer your question:

Thai Wara Bahrain

Manama, Kingdom of Bahrain
Email:  [email protected]
Telephone: +973 17273658

YOUR CONSENT TO THESE TERMS OF USE

By accessing or using one of our Sites, you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use our Sites.

YOUR CONSENT TO OUR ONLINE PRIVACY POLICY

Our online Privacy Policy (our “Privacy Policy”) describes how we protect your privacy when you use our Sites. To review our Privacy Policy click on the link marked “Privacy Policy” at the bottom of each page of our Sites. Our Privacy Policy is an integral part of and is incorporated into these Terms of Use.

Ratification of the Agreement

* To be a member of the website of thaiwara.com, first of all it is required that you fill in the registration order form and then agree and undertake to comply with the provisions of the user agreement. By filling in and ratifying the registration form or getting any services or ordering our products using this system, the user agrees to be bound by the user agreement of thaiwara.com

* You are responsible for making all arrangements necessary for you to have access to the website. You are also responsible for ensuring that all persons who access the website through your Internet connection are aware of these website terms and that they comply with them. By viewing, using, accessing, browsing, or submitting any content or material on the site, you agree to these Terms of Use as a binding legal agreement between you and Talabat.com, without limitation or qualification. The term “you” or “You” shall refer to any person or entity, who views, uses, accesses, browses, or submits any content or material to the site. If you do not agree to these Terms of Use, then you may not use the site. Thaiwara.com and external parties involved reserves the right to modify these Terms of Use at any time without prior notice. You agree that each visit you make to the sites shall be subject to the then-current Terms of Use, and continued use of the site now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications.

The terms and conditions apply to thai wara Bahrain website and its associated applications on iPhone, iPad, Android, and mobile site platforms.

How to make an order and how it is processed

Once you have selected your product from the menu of your chosen Delivery you will be given the opportunity to submit your order by clicking on the “Checkout” button. Please note it is important that you check the information that you enter and correct any errors before clicking on the “Checkout” button since once you click on this input errors cannot be corrected. On receipt of your order, thaiwara.com will begin processing your order and we will send a message on the final page that your order has been received and sent successfully to the shop. Where any payment you make is not authorized you will be returned to the previous page on the website and we shall not be obliged to provide the services.

Order Cancellation

You have the right to cancel an order up to 5 minutes from placing the order on our website.

While every effort is made to ensure that accurate pricing and descriptions are maintained, we reserve the right to cancel any order that is based on inaccurate information.

An order may be subsequently canceled by a branch after you have received a confirmation that it has been sent to the shop. Our shops reserve the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation.

Membership

Any member of or has a “user name” and “password” which are determined by the member herself/himself. The “user name” is personal to the member and the same “user name” is not given to two different members. The “password” is only known by the user. The user can change the password at any time. It is solely under the responsibility of the user to select and protect the password. Talabat.com is not liable for any problems, which may arise from the use of password. Talabat.com informs the user about the promotions, which take place in the user’s area and from which the user may benefit, by emails. The Operator does not share the user information with the third party companies – the phone number may be shared with the shop which deals with take-out foods, in order to provide faster and correct delivery. For the user to connect to the services, which require a membership of thaiwara.com, the user must enter the user name and password. This process is called “login” to thaiwara.com

By using this site, you warrant that any personal information provided by you is true, accurate, current, and complete in all respects and that you will notify us immediately of any changes to your personal information by updating your member profile on the site or by contacting us, you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.

You are not allowed to register multiple memberships for use by the same person. Violation of this clause may result in the termination of your membership.

Members’ passwords should be kept confidential at all times, and must not be shared or disclosed to anyone. You are responsible for all activities and orders that occur or are submitted through your membership. If you know or suspect that someone has knowledge of your password then you should contact us immediately.

You may not use the site for any unlawful or unauthorized purpose, including without limitation to:

Distributing any unlawful, libelous, abusive, threatening, harmful, obscene, or otherwise objectionable material

Transmitting material that constitutes a criminal offense, results in civil liability or otherwise breaches any laws, regulations, or codes of practice.

Interfering with any other person’s use or enjoyment of the site.

Damaging, disabling, or impairing the operation of this site or attempting to gain unauthorized access to this site or to networks connected to it, through hacking, spoofing, or other such similar means.

We expect a device to hold one customer account only. We may allow service in such cases but we will not allow the use of promotions.

Member’s Responsibility

During the use of the services of thaiwara.com, the member accepts and undertakes:

The information in the registration form is correct; in the conditions that this information is required the member is the only responsible for any losses which may arise from any misinformation or inadequate information (ex. forgetting the password); and in these cases, his/her membership may be terminated.

The member is the sole responsible for all personal ideas, opinions, statements set forth by the member while using the services of thaiwara.com, all the files uploaded to thaiwara.com and the personal information sent, and that in no way the Operator shall be held liable for these files, not to access any services provided in thaiwara.com unauthorized and in any way other that the one identified by the Operator; not to change the software in any way; not to use the software which is identified as being changed; and to indemnify the Operator for all material and moral losses in the event the member does not comply with the aforementioned articles, the Operator shall not be responsible for any damages which may arise from reading of data belonging to any members by any unauthorized people, not to send any messages which are threatening, immoral, racially and contrary to the Laws of the Kingdom of Bahrain and international agreements, any correspondences, titles, nicknames posted to the context shall not be contrary to the rules of public morality, good manners and laws, not to harass and/or threaten other users, or any of thaiwara.com live chat personnel, not to act in a way affecting the use of services by other users, not to post, print, distribute, circulate any amoral, inappropriate and unlawful materials and information which may give harm to the names of any people or institutions, not to advertise, sell or offer to sell any products or services, engage in any activities such as survey, competition or chain letter, not to send any information or programs which may give harm to the information or software in the computers of other users,

All of the records or materials obtained by using the services of thaiwara.com are within the consent of the user; the user shall be absolutely responsible for any damages, loss of information, or other losses caused by them in the user’s computer; the user shall not demand any compensation for any losses arising from the use of the service, not to use the services of the Operator for any commercial and advertising purposes without obtaining the consent of the Operator.

The Operator may monitor all systems at any time or continuously.

The Operator may use its system for commercial purposes, not to mail any information which is forbidden legally and circulate any mails which do not have the authorization to be sent such as chain mail, malicious software, etc., not to record and misuse any personal information belonging to others, The member himself/herself is responsible for all kinds of acts made under the “username”, The clients must pay the service fee which is notified previously at the time of delivery of products; otherwise, the products shall not be delivered to the clients. not to access the site or services using a third-party’s account/registration without the express consent of the account holder; not to use the site for illegal purposes; not to commit any acts of infringement on the site or with respect to content on the site; not to use the site to engage in commercial activities apart from sanctioned use of the Operator’s services; not to copy any content, including, but not limited to shop menu content and third-party reviews, for republication in print or online; not to create shop reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the site; not to attempt to gain unauthorized access to other computer systems from or through the site; not to interfere with another person’s use and enjoyment of the site or another entity’s use and enjoyment of the site; not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or not to disrupt, interfere with, or otherwise harm or violate the security of the site, or any services, system resources, accounts, passwords, servers, or networks connected to or accessible through the site or affiliated or linked sites (including those of our shop partners).

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the website. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the website.

Credit or Debit cards used in placing orders through the online payment gateway on thaiwara.com websites or applications must belong to the user. Otherwise, the user must attain legal permission from the card owner to perform the transaction.

Visitor Material and Conduct

Other than personally identifiable information, which is covered under the Operator’s Privacy Policy, any material you transmit or post to this website will be considered non-confidential and non-proprietary. The Operator will have no obligations with respect to such material. Talabat.com and anyone we designate will be free to copy, disclose, distribute, incorporate, and otherwise use that material and all data, images, sounds, text, and other things embodied in it for any and all commercial or non-commercial purposes.

You are prohibited from posting, uploading or transmitting to or from this website any material that:

Breaches any applicable local, national, or international law;

Is unlawful or fraudulent.

Amounts to unauthorized advertising; or

Contains viruses or any other harmful programs.

You may not misuse the website (including by hacking).

Any comments or feedback that you submit through the website must not:

Contain any defamatory, obscene, or offensive material;

Promote violence or discrimination;

Infringe the intellectual property rights of another person;

Breach of any legal duty owed to a third party (such as a duty of confidence);

Promote illegal activity or invade another’s privacy;

Give the impression that they originate from us; or

Be used to impersonate another person or to misrepresent your affiliation with another person.

The prohibited acts listed in the above paragraphs are non-exhaustive. You will pay Talabat for all costs and damages which it incurs as a result of you breaching any of these restrictions.

The Operator will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of the above paragraph.

Prohibited Activities

You may not access or use the website for any other purpose other than that for which the Operator makes it available. The website is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Operator. In case of any prohibited activities committed by the user, the company has the right to suspend, block or terminate the user’s membership and prevent his access to log in the service. Prohibited activities include but not limited to the following:

Criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;

Advertising to, or solicitation of, any user to buy or sell any products or services, unless authorized by the Operator;

Systematic retrieval of data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Operator;

Making any unauthorized use of the Operator’s services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email;

Engaging in unauthorized framing of or linking to the website;

Transmitting chain letters or junk email to other users;

Using any information obtained from the website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;

Engaging in any automated use of the system, such as using scripts to add friends or send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;

Interfering with, disrupting, or creating an undue burden on the website or the networks or services connected to the website;

Attempting to impersonate another user or person;

Using the username of another user;

Selling or otherwise transferring your profile;

Using any information obtained from the website in order to harass, abuse, or harm another person;

Using the Operator’s  service as part of any effort to compete with the Operator or to provide services as a serviced office;

Deciphering, decompiling, disassembling or reverse-engineering any of the software comprising or in any way making up a part of the website;

Attempting to bypass any measures of the website designed to prevent or restrict access to the website, or any portion of the website;

Harassing, annoying, intimidating, or threatening the Operator’s company through any medium of communication or to any of its employees or agents engaged in providing any part of the Operator’sCompany services to you.

Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the website on behalf of that person, such as posting blogs or bulletins with a commercial purpose;

Deleting the copyright or other proprietary rights notice from any Contribution or the Operator’s Content; and

Using the website in a manner inconsistent with any and all applicable laws and regulations.

Any other suspected malicious activities on the Operator’s website or applications.

Authority of the Operator

The Operator may temporarily suspend or completely cease the system operation at any time.

The Operator shall not have any responsibilities against the members of thaiwara.com or any third parties due to the temporary suspension or complete cessation of the system operation.

The user name and password shall be displayed and approved after the filling of the application parts to be submitted to the customers by the Operator. The Operator may prevent its customers who have filled in all parts or have connected although they have passwords from having a new password or from using their passwords for an indefinite period of time if it is deemed necessary by The Operator.

The Operator does not warrant that its services shall be provided on time in a secure and complete way, the results obtained from the services shall be correct and reliable, and that the service quality shall meet the expectations.

The Operator has the right to back-up and deletes all or some of the files, messages which are provided by the members during the use of services for some periods deemed suitable by the Operator. The Operator shall not be held responsible for back-up and delete processes.

The Operator has the ownership and copyrights arising from the ownership of the information, documents, software, designs, graphics and etc. which are produced by itself and/or bought from outside.

The sales of the Operator are limited to the current availability of menus of the firms provided in the Operator’s websites.

the Operator has the right to post any information, documents, software, designs, graphics, etc. (such as the messages, poets, reports/news, file posted to the bulletin board) which are member-generated and uploaded to the system by the members and/or to transmit them to another place within the site deemed as appropriate by the Operator. It is probable that this information is copied and/or posted by other users. In such cases, the users shall not demand any royalty from the Operator.

The Operator may provide a transition for a member to other websites. In this case, the member agrees that the Operator shall not be responsible for the context of the websites, which the member may access through its site.

The Operator may make any changes in the implementation of this agreement, and amend the existing articles or add new articles for the purpose of complying with any technical necessities and legislation that shall come into being in the future.

The Operator may change in time the services for which any membership is not required to a form, which requires membership. The Operator may provide additional services, change some of the services partially or completely, or transform them into a paid service.

This site may be unavailable at certain times to allow for maintenance and upgrades. Although we will endeavor to notify customers in advance of any service unavailability, this cannot be guaranteed and we reserve the right to alter or withdraw the service at any time.

Product Delivery

During any product delivery made by shops, if the user is not available at the address specified in the system, the products ordered by the user shall not deliver to anywhere else. Within the framework of such a case, the member must accept all legal responsibilities arising from ordering a meal to an address where he/she does not exist.

Payment Methods

1. Customer can choose between different payment methods provided on the platforms, which are currently the following: Cash on Delivery, local debit cards, request a card payment machine and credit cards.

2. The Operator reserves the right to provide other payment methods or to no longer offer certain payment methods.

3. Customer bindingly chooses the payment method when placing the respective order, provided that the customer chooses an online payment method, the payment will be processed by an external online payment provider cooperating with the Operator.

4. Card data will be stored for future orders by the external online payment providers, on the condition that the customer has given consent to the storage and future usage.

5. Customer is obliged to ensure sufficient coverage of the respective account or, when using a credit card, to use the credit card only within the card transaction limit. The customer has to refrain from causing unauthorized debit chargebacks.

Price and Payment

Once your order has been accepted, this represents an agreement between you the user, and the Operator. The shop has sole responsibility for this order. Cash payments are made directly to the shop upon delivery to fulfill the order. If you have chosen to pay with a credit or debit card on the Platform then the transaction is processed by the Operator. Delivery charges are calculated per order and based on the delivery policy. Any delivery charges or any other fees will be displayed clearly in your Order Summary.

Debit / Credit Cards

Please read the following terms of use and disclaimers carefully before using Debit / Credit Cards, whenever it is available:

The user is liable to pay by cash upon delivery any extra charges the shop might charge as a result of the “Special Request” or the “General Request” placed by the user.

You may cancel the order if the delivery time exceeded the shop delivery promise time; your paid amount will be refunded back to your account.

The user order cancellation is limited to a maximum time of 5 minutes from the time of placing the order.

The customer refund procedure might take 2-7 working days to be initiated by the Operator, however, the time needed to process it on the Debit /Credit Cards bank payment gateway largely depends on the operations of the Central Bank of Bahrain. The customer has to follow on with the bank in case of any delay in crediting back the customer’s account with the amount previously paid by the user. We will send an email to the user that contains a printout of the refund advice printed from Debit / Credit Cards bank payment gateway as reference in case the customer wants to revise the bank with.

Users using the Debit / Credit Cards facility are requested to be available on their respective contact numbers.

The user would be reimbursed by the Operator in case the shop faced the inconvenience of a missing item (Reimbursement applicable only for the missing item and is subject to the Operator’s own reimbursement policy).

Credit or Debit cards used in placing orders through the online payment gateway on the Platform must belong to the user. Otherwise, the user must attain legal permission from the card owner to perform the transaction.

The user is entirely liable for placing an order using the Debit / Credit Cards facility after carefully reading all the terms & conditions.

YOUR CONSENT TO OTHER AGREEMENTS

When you sign up to use a special feature of our Sites, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”

THESE TERMS OF USE MAY CHANGE

We reserve the right to update or modify these Terms of Use, at any time and without prior notice, by posting the revised version on our Sites. These changes will be effective as of the date we post the revised version on our Sites. Your use of any one of our Sites following any such change constitutes your agreement to be bound by the revised Terms of Use.

To alert you to changes in these Terms of Use, we will provide a notice at the top of this page for at least 30 days after the new effective date. Unless the change is a minor change (such as a change in our contact information or in our list of Sites) or a non-substantive change (such as the reformatting of our Terms of Use), we will also post notices on our home pages and/or on the relevant pages of our Sites for 30 days after the new effective date to alert you to the change.

You may access the current version of these Terms of Use at any time by clicking on the link marked “Terms of Use” at the bottom of each page of our Sites.

OWNERSHIP, COPYRIGHT, AND TRADEMARK MATTERS

Our Sites, including the software and code that comprise and operate our Sites and all of the content of our Sites, for example, all of the text, images, illustrations, graphics, audio clips, and video clips published on our Sites, are protected under trademark, service mark, trade dress, copyright, patent, trade secret, and other intellectual property laws. All of the rights in our Sites, including all of the rights in the content of our Sites, are owned by Operator, its subsidiaries, its franchisees, its or their licensors, and other third parties. The entire content of each Site is copyrighted as a collective work under the U.S. and international copyright laws and treaties, and the Operator or one of its subsidiaries owns the copyright in the selection, coordination, arrangement, and enhancement of the content of each Site.

Individual users of our Sites are permitted to download copies of the information on our Sites for their own personal use. This limited, revocable privilege to use the content in no way constitutes a transfer of any right, title, or interest in the material you download. You may not, under any circumstances, (a) modify the content of our Sites or use or exploit it for any commercial purpose, or for any public display, performance, sale, or rental; (b) decompile, reverse engineer, or disassemble any part of our Sites or the content; or (c) remove any copyright, trademark registration, or other proprietary notices from the content. No material from our Sites may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, exploited, or used in any manner or form except as expressly provided above without first obtaining written permission from Operator or one of its subsidiaries. The use of any materials from our Sites on any other Web site or networked computer environment is prohibited.

The trademarks and service marks used or displayed on our Sites (“Trademarks”) are registered and unregistered trademarks of the Operator, one of its subsidiaries, or third parties. Nothing on our Sites may be construed as granting – by implication, estoppel, or otherwise – any license or right to use any Trademarks displayed on the Site without the prior express written permission of Operator or the trademark owner. In particular, you may not use any trademark displayed on our Sites as a “hot” link without the prior written approval of the trademark owner.

RESPONSIBILITY FOR USER-GENERATED CONTENT POSTED ON OR THROUGH OUR SITES

In these Terms of Use, “User-Generated Content” or “UGC” refers to all of the content that you post on or through our Sites using the social networking tools we make available to you and that does not constitute Feedback.

You are responsible for UGC that you post: Under no circumstances will we be liable in any way for any UGC.

This means that you, not Operator, are entirely responsible for all UGC that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the UGC you post is not your original work, it is your responsibility to obtain any necessary permission to post it.

Because we do not control the UGC posted on or through our Sites, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand that by accessing our Sites, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any UGC posted, emailed, transmitted, or otherwise made available on or through our Sites. The UGC posted on or through our Sites expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of the Operator or any person or entity associated with the Operator.

You own UGC, but we may use it: You own the copyright in any original UGC you post. We do not claim any copyrights in UGC. However, by using our Sites you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize UGC you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any UGC that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.

We may disclose and/or remove UGC: Operator has certain rights. We have the right (but do not assume the obligation) to:

monitor all UGC;

require that you avoid certain subjects;

remove or block any UGC at any time without notice at our sole and absolute discretion;

disclose any UGC and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Operator or others, or to enforce these Terms of Use; and

terminate your access to and use of our Sites, or to modify, edit or block your transmissions thereto in our sole discretion.

You agree that our exercise of such discretion shall not render us the owners of UGC you post and that you will retain ownership thereof as described above.

Restrictions on UGC: It is a condition of these Terms of Use that you do not:

upload, post, transmit or otherwise make available

any UGC that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;

any UGC that constitutes or encourages activity illegal under criminal or civil law;

any UGC that is false, misleading, or fraudulent;

any UGC that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

any UGC that violates or infringes upon the rights of others, including UGC which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;

any UGC that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;

any request for or solicitation of any personal or private information from any individual;

any request for or solicitation of money, goods, or services for private gain;

any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

any UGC that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;

impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or

violate any local, state, national or international law, rule or regulation.

By posting UGC, you represent and warrant that (i) you own or otherwise control all of the rights to the UGC and have the right to grant the license set forth in these Terms of Use; (ii) the UGC is accurate, and (iii) you are at least eighteen years old and you have read and understood-and your UGC fully complies with-these Terms of Use and applicable laws and will not cause injury to any person or entity.

REMOVAL OF CONTENT

In general: On certain pages of our Sites, we may provide you a tool to report objectionable User-Generated Content. If that tool is not available, you can report objectionable UGC by contacting us using the information provided above. While we do not have any obligation to remove UGC from our Sites merely because of a removal request, we will endeavor to review all such requests and will remove UGC that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law. Please be aware, however, that if the UGC has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the UGC we remove from our Sites may remain on back-up servers.

Violation of copyrights Operator does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.

If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on our Sites or has been otherwise copied and made available on our Sites in a manner that constitute copyright infringement, please notify us immediately. Your notice must be in writing and must include:

an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;

a description of the copyrighted work that you claim has been infringed;

a description of where the material that you claim is infringing is located on our Sites (including the URL, title and/or item number if applicable, or other identifying characteristics);

your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and

a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Your statement must be addressed to the Operator who owns the platform, as follows:

Thaiwara.com

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.

YOUR FEEDBACK

In these Terms of Use, “Feedback” refers to the content you post on or through our Sites that is specifically about how we can improve our Sites and the products and services we make available through our Sites. Although we do not claim ownership of User-Generated Content you post on or through our Sites, the Feedback you provide to us will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

PASSWORD-PROTECTED AREAS OF OUR SITES

Certain areas of our Sites are password protected. You are responsible for maintaining the confidentiality of your passwords. We have the right to assume that anyone accessing our Sites using a password assigned to you has the right to do so. You will be solely responsible for the activities of anyone accessing our Sites using a password assigned to you, even if the individual is not, in fact, authorized by you. You agree to notify us promptly at [email protected] if you have reason to believe that your password may have been compromised or used without authorization.

DISCLAIMERS

OUR SITES, THEIR CONTENTS, AND ALL INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR SITES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, OPERATOR, ITS SUBSIDIARIES, AND ITS FRANCHISEES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO OUR SITES, THEIR CONTENTS, AND THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THESE SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OPERATOR, ITS SUBSIDIARIES AND ITS FRANCHISEES DISCLAIM ALL

REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THESE SITES; (D) THAT THE INFORMATION ON THESE SITES, INCLUDING MENUS AND PRICING INFORMATION, IS ACCURATE, COMPLETE OR CURRENT; OR (E) THAT THESE SITES WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO THIS ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, SHALL OPERATOR, ITS SUBSIDIARIES, OR ITS FRANCHISEES, OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, LICENSORS OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE OUR SITES, ANY CONTENT PUBLISHED ON OUR SITES, OR ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED OR PURCHASED THROUGH OUR SITES.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF OPERATOR, ONE OF ITS SUBSIDIARIES, OR A FRANCHISEE HAS

BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OPERATOR, ITS SUBSIDIARIES, ITS FRANCHISEES (AND ANY OTHER PERSON OR ENTITY WHOSE LIABILITY WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED FIVE DOLLARS ($5.00).

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO ALL OR PART OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

LINKS TO SITES OPERATED BY THIRD PARTIES

Our Sites may provide links to websites operated by third parties. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals or the accuracy or content of their websites. We do not assume any responsibility or liability for the actions, product, and content of any such sites. Before you use any site you should review the applicable conditions of use and policies. The inclusion of a link in our Sites does not imply our endorsement of the site. If you decide to access linked third-party websites, you do so at your own risk.

INTERPRETATION

As used in these Terms of Use, the term “including” means “including, but not limited to.”

WAIVER

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by any of us of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

SEVERABILITY

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

GOVERNING LAW, JURISDICTION, AND VENUE

These Terms of Use shall be governed under the laws of the Kingdom of Bahrain without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use shall be venued exclusively in the Kingdom of Bahrain. You hereby irrevocably consents and submits to the personal jurisdiction of said courts for all such purposes.

ENTIRE AGREEMENT

These Terms of Use, together with our Privacy Policy and any applicable privacy notice or click-through agreement, contain the entire understanding and agreement between you and us with respect to our Sites and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic between you and us with respect to our Sites.

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