Terms of Service and Privacy Policy

Last Updated: August, 2024

By downloading or using CallMe Cafe & Restaurant you agree to these Term of Service and Privacy Notice.

Table of Content

·          Terms of Service

·          Privacy Notice

Privacy Policy

This CallMe Cafe & Restaurant privacy notice ("Notice") describes how CallMe Cafe & Restaurant and its parent and other affiliated companies ("CallMe Cafe", "we" or "us") collect, use and disclose ("process") your personal data through our application, websites and online services and other CallMe Cafe owned or operated websites, mobile applications, and online services that link to this Policy (collectively, the "Sites"), through our programs and in our physical stores ("Services") and through services provided by you and contracts entered into with you. The purpose of this Notice is to let you know which personal data we collect about you, the reasons why we process such data, how long we keep it and what your rights are and how you can exercise them. This Notice does not apply to websites and services that display or link to different privacy statements. Websites and services co-branded with other partners may display or link to a joint privacy statement or separate privacy statements of our partners in addition to our Notice. Without limiting the generality of the foregoing, CallMe Cafe may transmit your information outside of Thailand in the manner and for the purposes described in this Notice.

What Types of Information Does CallMe Cafe Process?

Depending on the type of products or Services we offer or provide, personal data which identifies you, either directly or indirectly, as an individual ("Personal Data") that may be processed by CallMe Cafe may include:

·         identity data " your first name, last name, nickname, specimen signature, date of birth, gender and information in your household registration, identification (ID) card or passport which contains citizen ID card or passport number, nationality and photograph;

·         profile data " your CallMe Cafe account such as phone number, password, date of birth, gender, email and picture;

·         contact data " private or professional such as your job position, employer, address and e-mail address, phone number and social media account;

·         tax and financial data " your tax ID, credit card number, bank account details and other payment information;

·         transactions, benefits and preferences data " your marketing and communication preferences, your rewards and benefits under CallMe Cafe Card and purchase history;

·         communication data " your comment, request or complaint on CallMe Cafe product or Service, recorded phone conversation, chat logs;

·         CCTV data " closed-circuit television ("CCTV") footages that are installed at our head office and our physical stores;

·         geolocation data " we may collect information about the location of your device, such as information that identifies your device"s precise location (for example, GPS latitude and longitude level) or its approximate location (e.g., less precise location estimated based on a browser or device"s IP address) 

·         technical data " your internet protocol (IP) address, technical specifications and login credentials used to connect to CallMe Cafe website and apps. 

Our collection of online use information may involve the use of cookies and Web beacons. Cookies are small data files stored on your hard drive by a website. Among other things, cookies help us improve our Sites and your experience. We use cookies to see which areas and features are popular and to count visits to our Sites. Web beacons are electronic images that may be used on our Sites or in our emails. We use Web beacons to deliver cookies, count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon.

In addition to your Personal Data, you may also in some instances provide us with information about other people, such as name, phone number and email address, including when you participate in our marketing campaign and direct us to send someone a reward. Please see further information in section "Who Is Concerned by This Notice and From Whom Do We Collect Personal Data?" below.

We will not ask for any other sensitive personal data such as data related to your racial or ethnic origins, religious or philosophical beliefs, labour union membership, political opinion, genetic data, biometric data or data concerning your sex life or sexual orientation, unless it is necessary for our operation (including provision of Services to you) and we have a lawful basis to do so. Please note that before our processing, we may permanently mask, remove, black out or hide any of your information which is considered sensitive personal data and not necessary for our operation, and in no intention to alter, fabricate or forge the document or information received from you.

CallMe Cafe may also collect aggregated data or anonymized data that does not directly identify you.

We may combine information we collect about you with information we receive from third parties.

In some instances, CallMe Cafe may combine other information with Personal Data. If other information is combined with Personal Data or if other information is used to identify an individual, such information will be treated by us as Personal Data.

If You Fail to Provide Your Personal Data 

Where we are required by law to process your Personal Data or need to process your Personal Data under the terms of a contract we have with you (or take steps at your request before entering into a contract) and you fail to provide your Personal Data when requested, we may not be able to perform obligation under the contract we have with you or plan to enter into with you. In this case, we may have to decline to provide the relevant services, but we will notify you if this is the case.

How Does CallMe Cafe Process Information About You?

We may process your Personal Data insofar as there is a lawful basis for conducting such activities. We collect, use or disclose your Personal Data under the following circumstances:

1.    To perform a contract with you or to take steps at your request before entering into a contract

·         process your purchases of, or requests for, products and Services;

·         register and verify user accounts;

·         Provide benefit to members of CallMe Cafe Rewards loyalty program;

·         Provide rewards to participants of the marketing campaign;

·         Respond to your customer service inquiries, cope with your complaints and requests or take other actions in response to your inquiries; and

·         Communicate with you about our Sites or Services or performance of our obligations under contract with you or vice versa. 

2.    To comply with our various legal and regulatory obligations 

·         Cooperate, communicate with relevant authorities and respond to lawful authorities" order, as needed; and

·         Comply with legal and regulatory obligations which we are subject to.

3.    To fulfil our legitimate interest

·         Performance of a contract with our corporate customers or corporate Service Providers or to take steps at our corporate customers or corporate Counterparties request before entering into a contract including to:  

o    cope with customers complaints and requests;

o    improve CallMe Cafe products or Services;

o    communicate with corporate customers and corporate Counterparties for CallMe Cafe to provide or to receive Service, product or perform our obligations under contract or vice versa.

·         Research, development, and improvement of our Services to help with the improvement of our existing products and Services and the development of new products and Services so that we meet and exceed your needs and expectations; 

o    Quality control of Services; 

o    Advertise news, promotional campaign, products or Services that are similar to the ones offered to members of CallMe Cafe Rewards loyalty program;

o    Conduct analytics for the marketing of our own products or Services for products and Services improvement; and

o    Issue tax invoice per your request.

·         Security reasons (e.g. record of CCTV footage will be used for detection and prevention of crime; detection and prevention of safety incidents; detection and prevention of unauthorised access to CallMe Cafe premises and restricted areas; detection and prevention of gross misconduct; supporting safety, security and internal investigations; supporting criminal investigations; and for reviewing security & safety incidents, including security training exercises).

·         More generally including to: 

o    verify the data or information provided to us by any corporate customer or third party for other purposes as well as your identity, authorisation or capacity to represent your entity which is our corporate customer or other Counterparties in entering into a contract with us; 

o    comply with CallMe Cafe internal policy, procedure, standard or administration; 

o    seek advice from external law firm or other third party service provider; and

o    establish, exercise or defend a legal claim.

In any case, where relying on legitimate interest, we ensure the processing remains proportionate and that your interests or fundamental rights are preserved. 

4.    To respect your choice if we requested your consent for a specific processing

·         Process with health information for security and health and control purposes to comply with our security procedure; and 

·         Offer a variety of products or Services that may not be similar to the products or Services we have offered to you but should match your interests by creating personalized promotions and communicate with you about our brands, products, Services or events as a result of such personalized marketing including co-branded offers and affiliate and partner offers .

For certain types of Personal Data processing, we will provide you with specific information and invite you to consent such processing. Note that you may request to revoke your consent at any time, please refer to section "What Are Your Statutory Rights and What Choices Does CallMe Cafe Offer About Personal Data?" below.

Does CallMe Cafe Share Personal Data with Third Parties?

We share your Personal Data in limited ways:

·         We may share your Personal Data within CallMe Cafe for the purposes for which we collected the Personal Data, as described above;

·         We may share your Personal Data with companies that provide us with support services (such as credit card processing, other payment services providers, website hosting, email and postal delivery, outsourced customer services providers, insurance companies, external law firms, import custom clearance services providers, mailing houses or website hosts and data management services providers) and that help us market our products and Services (such as email vendors or marketing agencies). These companies may use your Personal Data to perform their functions on our behalf;

·         We may disclose specific information (i) upon lawful request, in response to legal process, and when required to comply with laws or legitimate orders of public authorities, (ii) to enforce our agreements, corporate policies, and terms of use or (iii) to protect the rights, property or safety of CallMe Cafe, our staff, employee, partner (collectively, the "Staff") s, agents, customers, and others.

·         If you participate in any blog or other online forum on our Sites, any Personal Data that you post on our Sites may be shared with other forum participants and Site visitors;

·         In the event of a merger, acquisition, financing, or sale of assets or any other situation involving the transfer of some or all of our business assets, we may disclose your Personal Data to those involved in the negotiation or transfer. If a change happens to our business, the part of our business that is (as the case may be) sold, acquired or merged, such entity may process your Personal Data in the same way as set out in this Notice; 

·         We may share your Personal Data with any other person who is under a duty of confidentiality to us; and

·         We may share your information in a way that does not directly identify you (e.g. anonymized data or aggregated data) for statistical analysis and other business purposes. 

Do We Transfer Your Personal Data Outside Thailand?

We may transfer your Personal Data to the countries outside of Thailand to our parent and other affiliated companies and our third party service providers as part of our normal business operations to perform our Services (e.g. our IT service provider).

How Long We Retain Your Personal Data?

Your Personal Data processed for the purposes hereunder will be stored only to the extent necessary during the term of your participation in the Services with us, for the period necessary to fulfil the purposes outlined in this, including during a transition period (e.g. for the compliance of our obligations regarding data retention as established in applicable laws), or responding to legal claims or regulatory requests (if any).

In principle we will retain your Personal Data as long as required or permitted by applicable law. For instancen accordance with general statute of limitation under Thai law.

When Personal Data is no longer needed, or in any event, after legal authority to retain it has expired, we will remove your Personal Data from our systems and records and/or take steps to properly anonymize it.

What Are Your Statutory Rights and What Choices Does CallMe Cafe Offer About Personal Data?

We believe in putting you in control of your Personal Data. You have the following rights under the conditions set out under applicable law and regulations pursuant to the conditions and requirements set forth thereunder

Right of access: You have the right to obtain from us the access to your Personal Data under our responsibility

Right to rectification: You have the right to obtain from us the rectification of your inaccurate or incomplete Personal Data to be accurate, up to date, completed, and not misleading. 

Right to erasure: You have the right to ask us to erase, destroy or anonymize your Personal Data, to the extent permitted by law. Note that this is not a blanket right to require all your Personal Data to be deleted. We will consider each request carefully in accordance with the requirements of any laws relating to the processing of your Personal Data.

Right to data portability: You have the right to receive your Personal Data which you have provided to us, unless it is impossible by technical circumstances. You also have the right to request us, where technically feasible, to directly send or transfer your Personal Data in such formats to other data controller if it can be done by the automatic mean. 

Right to object: You have the right to object to collection, use or disclosure of Personal Data, on grounds relating to your particular situation., in accordance with the statutory provisions. If you file an objection, we will continue to collect, use, or disclose your Personal Data only if we can document legitimate reasons that outweigh your interests, rights, and freedoms, or if collection, use or disclosure is for the assertion, exercise or defence of legal claims or scientific, historical research or statistical, as may be applicable.

Right to withdraw consent: If you have consented to collection, use or disclosure of your Personal Data by us, you have the right to withdraw your consent at any time. 

CallMe Cafe offers choices for you to request to update or change your Personal Data and how we communicate with you. Follow the opt-out instructions in promotional emails we send you.

If you opt out of receiving promotional communications from us, we may still send you non-promotional communications such as emails about your accounts or our ongoing business relations.

You can usually choose to set your browser to warn you when a cookie is being sent or to remove or reject cookies. Each browser is a little different, so look at your browser "Help" menu to learn the correct way to modify your cookie settings. If you choose to remove or reject cookies, it will affect many features or Services on our Sites.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your information (or to exercise any of your other rights). This is a security measure to ensure that your information is not disclosed to any person who has no right to receive it. Please include a scan/copy of your proof of identity for identification purpose when required.

You will not have to pay a fee to access your information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What If I Am A Minor?

We welcome everyone to become our valued customer and to become part of our CallMe Cafe community, However, if you are under the age of 20, an additional consent from your legal guardian is required prior to using our Services or having any interactions with us by any means.

How is Personal Data Secured?

CallMe Cafe takes reasonable steps to maintain appropriate physical, technical and administrative security to help prevent loss, misuse, unauthorized access, disclosure or modification of Personal Data.

While we take these reasonable efforts to safeguard your Personal Data, no system or transmission of data over the Internet or any other public network can be guaranteed to be absolutely secure. You are responsible for protecting your password(s) and maintaining the security of your devices. 

Privacy Notice Updates

Notice went into effect on date at the top of this page. We may update this Notice from time to time. 

We will notify you of any material changes through our Site or through our other usual communication channels that might affect the way we collect, use or disclose your Personal Data. We encourage you to look for updates and changes to this Notice by checking the date of our Notice when you visit our Sites.

Contact Us

We welcome your questions, comments and concerns relating to our processing of your Personal Data under this Notice. You may contact us by email at callmecafe@callplay.in.th , or by phone at 096-730-2188 .

CallMe Cafe Cafe & Restaurant

446/11 Sukhumvit 71 Road, Phra Khanong Nuea, Vadhana, Bangkok 10110 Thailand

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Terms of Service

Last Updated: August, 2024

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS SITES, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITES.

These Terms of Use apply to your access to, and use of, all or part of any website or mobile application of CallMe Cafe Cafe & Restaurant ("CallMe Cafe") and any other site, mobile application or online service where these Terms of Use are posted or incorporated by reference (collectively, the "Sites"). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with CallMe Cafe or its affiliated companies for products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity"s behalf, and that such entity agrees to indemnify you and CallMe Cafe for violations of these Terms of Use. This agreement contains disclaimers and other provisions that limit our liability to you.

In the event there is any conflict or inconsistency between these Terms of Use and any other terms of use that appear on the Sites and Sites, these Terms of Use will govern. However, if you navigate away from the Sites and Sites to a third party site, you may be subject to alternative terms and conditions of use, as may be specified on such site. In such event, the terms and conditions of use applicable to that site will govern your use of that site.

While we make reasonable efforts to provide accurate and timely information about CallMe Cafe and its affiliates on the Sites, you should not assume that the information is always up to date or that the Sites contain all the relevant information available about CallMe Cafe and its affiliates.

CallMe Cafe reserves the right to change or modify these Terms of Service or any policy or guideline of the Sites, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Sites, Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sites will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of our Sites. If you do not agree to the amended terms, you must stop using the Sites.

Eligibility, Registration and Account

The Sites may only be used by individuals aged twenty (20) years or older. If the User is under the age of twenty (20) years, User should review these Terms with User"s parent or guardian to make sure the User and User"s parent or guardian understand them.

In order to participate in certain areas of our Sites, you will need to register for an account. You agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify CallMe Cafe if you discover or otherwise suspect any security breaches relating to the Sites; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

Privacy

Please read the Privacy Notice carefully to understand how CallMe Cafe and its affiliates collect use and disclose personally identifiable information from users of the Sites.

Sites Disclaimer

The materials and information on the Sites may include technical inaccuracies or typographical errors. The materials, information and services on the Sites are provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, CallMe Cafe disclaims all warranties and conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose or need, accuracy, title and non-infringement as to the Sites and the information, content and materials contained therein, or that the use of the Sites is on an uninterrupted basis or is in compliance with laws applicable to users, or that information about users transmitted in connection with the Sites will be successfully, accurately or securely transmitted.

Copyright and Limited License

Unless otherwise indicated, the Sites and all content and other materials therein, including, without limitation, the CallMe Cafe logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the proprietary property of CallMe Cafe or its licensors or users and are protected by Thailand and international copyright laws.

You are granted a limited, non-sub licensable license to access and use the Sites and Site Materials for personal and informational purposes only. Such license is subject to the Terms of Use and does not include: (a) any resale or commercial use of the Sites or Site Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (g) any use of the Sites or the Site Materials other than for its intended purpose. Any use of the Sites or Site Materials other than as specifically authorized herein, without the prior written permission of CallMe Cafe, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.

Copyright Claim

If you believe any material available via the Sites infringes a copyright you own or control, you may file a notification of such alleged infringement with CallMe Cafe by sending an e-mail to  callmecafe@callplay.in.th

In the notification, you should identify the URL containing the materials that you believe to infringe a copyright you own or control and should also provide the sufficient supporting materials to show that you own or control the copyright on which basis you submit the notification. If you are authorized by the owner of the copyright to submit the notification, you should also provide the sufficient supporting materials to show such authorization. CallMe Cafe reserves the right to require you to provide additional supporting materials as we consider appropriate in our sole discretion. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys" fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

CallMe Cafe has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. CallMe Cafe may also, in its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Restrictions on Use

The Sites may include interactive areas in which you or other registered users may create, post, send or store messages, materials, data, information, text, music, sound, photos, video, graphics, website, tags, code, links or other items or materials on the Sites ("User Content"). By using the Sites, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Sites any of the following:
a. Unless specifically requested by CallMe Cafe, any "sensitive" personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, personal identification numbers, social security numbers, credit cards, bank accounts or other financial information
or ethnic origin, or other sensitive matters);
b. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, sexually explicit, suggestive, harassing, threatening, violent, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens our relationships with our employees, partners, customers or suppliers;
c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and/or publish such User Content;
d. User Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity;
e. Spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content;
f. User Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, state, national or international law;
g. Viruses, spyware, Trojan horses, easter eggs or any other harmful, disruptive or destructive files; and
h. User Content that, in the sole judgment of CallMe Cafe, is objectionable, restricts or inhibits any other person from using or enjoying the Sites or which damages the image or rights of CallMe Cafe, other users or third parties.

CallMe Cafe does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is CallMe Cafe liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The interactive areas are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of the Sites and agree to use the interactive areas at your own risk.

If you become aware of User Content that you believe violates these Terms of Use, you may report it by sending an e-mail to  callmecafe@callplay.in.th . Enforcement of these Terms of Use, however, is solely in our discretion and absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms of Use in other instances. In addition, these Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Sites will not contain any content that is prohibited by these Terms of Use. CallMe Cafe reserves the right, and has absolute discretion, to remove, screen or edit any User Content on the Sites at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense.

If you are viewing the Sites on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Sites and the computer system you are using to prevent unauthorized User Content.

License to User Content

You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content or otherwise have the right to grant the rights to CallMe Cafe that you grant herein. CallMe Cafe claims no ownership or control over any User Content, except as otherwise provided herein, on the Sites or in a separate agreement. However, by submitting or posting User Content on the Sites, you grant CallMe Cafe, its affiliates and designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the User Content and your name and likeness in connection with such use of your User Content. By posting User Content, you hereby release CallMe Cafe, its affiliates and designees and their employees, directors, officers and agents from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.

Third Party Content

CallMe Cafe may provide third party content on the Sites and links to web pages and content of third parties (collectively, "Third Party Content") as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that CallMe Cafe is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content contained therein at your own risk.

Advertisements and Promotions; Third-Party Products and Services

CallMe Cafe may display advertisements and promotions from third parties on the Sites or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. CallMe Cafe is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-CallMe Cafe advertisers or third party information on the Sites.

Limitation on Liability

To the maximum extent permitted by applicable law, CallMe Cafe and its affiliates and their officers, directors, employees, shareholders or agents shall not be liable for any direct, indirect, punitive or consequential damages, or any other damages of any kind, including but not limited to loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption, whether in tort (including without limitation negligence), contract or otherwise, arising out of or in connection with the use of or inability to use the Sites, the content or the materials contained in or accessed through the Sites, including without limitation any damages caused by or resulting from reliance by a user on any information obtained from CallMe Cafe and its affiliates and their designees, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to CallMe Cafe" records, programs or services. In no event (but subject to the maximum extent permitted by applicable law) shall the aggregate liability of CallMe Cafe and its affiliates and their officers, directors, employees, shareholders or agents, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Sites exceed any compensation you pay, if any, to CallMe Cafe for access to or use of the Sites during the six month period immediately prior to the event giving rise to such liability.

Indemnification

You agree to defend, indemnify and hold harmless CallMe Cafe and its affiliates and independent contractors, service providers and consultants, and their respective officers, directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys" fees) arising out of or related to (a) your use of the Sites; (b) any User Content or Ideas you provide; (c) your violation of these Terms of Use; (d) your violation of any rights of another; or (e) your conduct in connection with the Sites.

Modifications to the Sites

CallMe Cafe reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that CallMe Cafe will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.

Jurisdiction and Compliance with Laws

Access to and use of the Sites and these Terms of Use are governed by the laws of Thailand, without resort to conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, the Sites or these Terms of Use shall be instituted only in the courts of Bangkok, Thailand. You and CallMe Cafe agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.  In case of any conflict between the provisions of the English version of these Terms of Use and those of any other language version, the English version will prevail.

Termination

Notwithstanding any of these Terms of Use, CallMe Cafe reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites and your account and to block or prevent your future access to, and use of, the Sites.

Contact Us

You may contact us by email at callmecafe@callplay.in.th , or by phone at 096-730-2188.

CallMe Cafe Cafe & Restaurant

446/11 Sukhumvit 71 Road, Phra Khanong Nuea, Vadhana, Bangkok 10110 Thailand