BESTER EATS Terms and Conditions

“BESTER EATS” is a service provided and operated by BESTER GLOBAL co.,Ltd. (hereinafter referred to as the “Company”). The Company created this service with the goal of making everyone’s choice of a restaurant in daily life more fun. In order to use this service, you need to agree to this BESTER EATS Terms and Conditions first. Please read the following terms before you start using this service.

Article 1 (General Provisions)

This BESTER EATS Terms and Conditions (hereinafter referred to as the “Terms”) shall apply to all relationships between the Company and all parties who use the Service as defined herein (“Users”).
The Users are deemed to agree to the Terms.
The Company may revise the Terms without notifying the Users. Any changes or revisions to the Terms shall have precedence over previous version of the Terms, and shall become effective at the time when they are posted through the Service. If the Users continue to use the Service after such changes or revisions become effective, the Users are deemed to agree to the changed or revised Terms.

Article 2 (Definitions of Terms)

“Service” refers to “BESTER EATS,” an online community service.
“User(s)” refers to any party who uses the Service.
“Member(s)” refers to anyone who has registered as a member of the Service.
“Member Information” refers to all information provided by a Member including, but not limited to, email address, username, profile information.
“Content” refers to “Reviews” and other texts, information on restaurants, images, audio or video recordings, programs, and any other information, regardless of whether provided by the Company or the Users.
“Post” refers to uploading all Content through the post form of the Service.

Article 3 (Purpose and Content of the Service)

Through the Service, the Company provides the opportunity to exchange information for the Users upon choosing a restaurant by sharing Reviews posted by the Members, with the goal of making the process of choosing a restaurant more reliable and more fun for the Users. By providing to the Users the functions to edit, comment on, rate, or add tags to Reviews, the Company is aiming that the quality of those information continue to be improved.

Article 4 (Scope of the Service)

Through partnerships with a variety of other services, Reviews (including information of “Visited”) posted on the Service, information of “Wish to Visit”, and other fringe information (collectively, “Reviews, etc.”), username and icon of the posting Member may be made public through other mediums, such as other services, news sites, television, magazines, radio, film, etc. All Members who post Reviews, etc. on the Service are deemed to consent to such publicity through such media.

Article 5 (Member Information)

The Users, when using a part of the Service that require registration as a Member, shall comply with the following conditions.

When registering as a Member of the Service, the Users shall send the Member Information to the Company through the membership registration screen provided by the Service over the Internet, in the format specified by the Company.
If the information specified in the previous item is successfully sent, the Company will accept the applicant as a Member, provided, in the event that the applicant has previously violated the Terms, or if the Company determines the applicant is likely to violate the Terms, or if the Company determines that the applicant is otherwise inappropriate, the Company reserve the right to refuse the application.
The Users shall enter truthful and accurate information as their own Member Information.
If the Company determines that the Member Information is not truthful and/or accurate, the Company shall retain the right to delete the Member’s account without the permission of the Member.
All Member Information registered through the Service, regardless of whether private or public, shall be retained by the Company.
The Members shall take full responsibility for the disclosure of information they enter. (Please do not enter your personal information.)
Each Member shall bear responsibility for the use and management of Member Information.
Each Member shall bear responsibility for any and all actions and results arising from all actions made under their own Member Information, regardless of whether or not the Member acts directly.
When those under the age of 15 use the Service, the consent of their parent or guardian is required.

Article 6 (Handling of Personal Information)

The Company will appropriately handle the Personal Information of the Members in accordance with our Privacy Policy.

Article 7 (Membership)

If the Company determines that a Member falls on any of the followings with regard to the use of the Service, the Company may revoke a Member’s registration.

If a Member posts inappropriate information.
If a Member uses a password in an unauthorized manner.
If a Member’s Member Information contains false information.
If a Member violates the Terms.
If the Company determines having membership of the Service to be inappropriate with regard to a Member for any other reason.

Article 8 (Member's Passwords)

The Members shall be fully responsible for the management of the password (including passwords for external services provided by any third party having partnership with the Company regarding the Service. The same shall apply hereinafter.) they use to log in to the Service.
The Members shall be fully responsible for all aspects of managing their password including, but not limited to, setting a password that cannot easily be guessed by a third party, not disclosing their password to a third party, and logging out from the Service when using the Service on any computer or mobile device used by multiple people.
The Company shall bear absolutely no liability in the event of unauthorized use of a Member’s password due to disclosure to a third party outside the Service or for any other reason.
The Members shall not provide to third parties, or cause third parties to use, the password registered at the time of Member registration.
In the event that a registered password is used to use or access the Service, the Company may consider that the Service is used by the Member who registered the password. The Member shall be solely responsible for any and all consequences arising from such use.
In the event that a Member violates the terms of this Article, and thereby causes damages to the Company or the Service, the Member shall bear all liability for such damages.

Article 9 (Termination of Membership)

The Company shall accept an application for termination of membership by a Member when the Member applies for termination of membership in a manner specified by the Company and the Company receives such application.
Upon a termination of membership by a Member, the Company shall have no obligation to retain or hold any Content uploaded by the Member through the Service.
The Company shall bear no responsibility for any loss, damage, cost, and any other disadvantages incurred by other Users arising out of a Member’s termination of membership.

Article 10 (Disclaimer)

The Users shall be responsible for their own use of the Service. In addition, the Users are deemed to agree in advance to the following items.

Guarantee of Restaurant Information

The Company makes no guarantees with respect to any information posted regarding restaurants or other establishments. When making reservations, ordering, or before visiting the restaurant, it is recommended to call ahead and confirm with the restaurant information such as address, hours of operation, holidays, etc. Furthermore, please be aware that the Company will not compensate for any damage, loss, and cost arising out of posted restaurant information, nor be involved in any dispute or trouble between the Users due to posted restaurant information. In the event that a User finds posted restaurant information is incorrect, please contact us.

Guarantee of Reviews (Posted Content)

The Company makes no guarantees regarding the content of posted Reviews, images, or any other Content. Furthermore, please be aware that the Company will not compensate for any damage, loss, and cost arising out of posted content, images, or any other Content (including, but not limited to, damages due to computer viruses caused by any content created by the Users), nor be involved in any dispute or trouble between the Users due to posted those information.

Guarantee of Link Destinations

The Company makes no guarantees regarding any home page links or trackback URLs posted by the Users. Furthermore, please be aware that the Company will not compensate for any damage, loss, and cost arising out of link destinations, nor be involved in any dispute or trouble between the Users in relation to link destinations.

External Services

The Members acknowledge that they may become unable to use the Service, in part or in whole, due to changes in the content or operation of external services provided by any third party cooperating with the Company, or due to the Members becoming unable to use such external services, either in part or in whole. The Company shall not bear any liability regarding external services and any damage incurred by the Members in relation to such services.

Limitation of Liability for Damages

The Users acknowledge and agree that the Company bears no liability in relation to any and all damages caused by or related to (1) a User’s use of the Service or User’s disuse because the Service is unusable, (2) unauthorized access or unauthorized alterations of the Service, (3) actions of other Users of the Service, (4) identity theft committed by third parties, or (5) other matters due to or related to the Service (including any and all disadvantages such as emotional distress, lost profit, or other financial losses). Furthermore, excluding cases of the Company’s willful intent or gross negligence, should the Company incur liability for damages, the Company shall be liable only for damage or loss directly and actually suffered by the User, and shall bear no liability for losses and other damage arising from special circumstances (including cases where the Company predicted or could predict the occurrence of damage).

Booking for Restaurants through Booking Service

In case a User books a restaurant through the BESTER EATS Booking Service (hereinafter referred to as the “BESTER EATS Booking Service”) on the Service in any of the following manners, the Company is not a party of the transaction (including, but not limited to, guarantee for the acceptance of the request for booking, change of and cancellation for booking) between the restaurant and the User and is not involved in such transaction. The Company bears no liability for any dispute or trouble between the restaurant and the User.

In case a User registers booking for a restaurant through the BESTER EATS Booking Service and the Company sends to the User an email to accept the booking.
In case a User registers booking for a restaurant through the BESTER EATS Booking Service and communicates with the restaurant in relation to the booking time or other matters (including, cancellation for the booking) via phone or email, and the Company then sends to the User an email to accept the booking.

The Users acknowledge and agree that the request for booking may not be accepted due to the operation hours or other reasons of the restaurant (in such case, the Company notifies the User of it), that the Company may use and provide the Users’ information (name, contact information, etc.) to the restaurant for the purpose of notifying the contents of the request for booking, and that the Users shall be fully responsible for the management and use of the booking number issued by the Company upon the use of the BESTER EATS Booking Service and the Company bears no responsibility for unauthorized use of the booking number by any third party.

BESTER EATS Event Function

BESTER EATS Event Function is the function of the Service enabling the Users to plan, invite people to, and participant in events in the Service. The Company bears no liability for any and all damages incurred by the Users, for any cause, in relation to the use of the BESTER EATS Event Function and the event. In case of any dispute or trouble between the User and the restaurant or third parties in relation to the use of the BESTER EATS Event Function and the event, the Company bears no responsibility for any matter occurring in the event and any of the following matters.

Any act against the applicable laws or regulations.
Any act of collecting personal information , and use the Personal Data for the purpose other than the purpose of the event or provide it to any third party.
Any act of using discriminatory, aggressive, violent, sexual, or anti-social expression, or expression fomenting an illegal act.
Any act for-profit.
Any act of disguising its identity or spreading false or inaccurate information.
Any act of pre-election campaign, political campaign (including acts similar with those) or any act of breaching the laws and regulations of public office election.Delete of Event

Please be aware that the Company may delete the information regarding events posted by the Users for the reason of the management and operation of the Service.

Article 11 (Deletion of Content)

The Service is a community service consisting of Posts by the Users with its own responsibility. However, for the purpose of safe and comfortable use by the Users, in the event that any post, image, or other Content falling on any of the followings are found, the Company may remove such Content (including comments and statements made in the community), in whole or in part, without prior notice, though the Company does not assume any obligation to monitor or delete posted Contents. The Company may, at its sole discretion, judge and determine whether or not a Content falls on any of the followings. Furthermore, please be aware that the Company may be forced to remove posted Contents for the reason of the managing and operating the Service, even in the event that the Contents does not fall on any of the followings.
1. Contents that are libelous or slanderous to others (including Contents that defame individuals or restaurants or other establishments).
2. Contents that are supposed to be notified the relevant authorities such as issues with sanitation or hygiene.
3. Contents that are considered to be difficult to confirm the truthiness (including unfounded or baseless Contents).
4. Contents of ruction towards restaurants or other establishments, or Contents regarding troubles or payment.
5. Contents unrelated to the purpose of the Service or the subject of Reviews.
6. Contents that contain statements or other expressions that may glorify, induce, or promote suicide, self-harm, substance abuse, or other similar actions.
7. Contents that contain statements or other expressions that may lead to discrimination based on ethnicity, race, gender, or age, etc.
8. Contents that the Company determines to contain indecent expressions including, but not limited to, images, videos, illustrations, or paintings containing close-ups of breasts or buttocks, or exposed genitals.
9. Contents that contain violent or grotesque photographs, or images, words, or other expressions that the Users may find disturbing or unpleasant.
10. Contents that fall under the actions prohibited in Article 14, other Contents that may interfere with the Service, or which the Company otherwise determines to be inappropriate.
The Company shall bear no liability for any loss, damage, or disadvantage to the Users that arises due to the measure described in the preceding paragraph. Furthermore, please be aware that no complaints or questions will be accepted in relation to the actions that the Company carried out in accordance with the preceding paragraph.
The Company may take the following measures with regard to any Content (hereinafter referred to as the “Deletable Content”) that the Company has determined to fall on any of the items prescribed in Article11.1.
1. To amend or modify a part of the Deletable Content.
2. To suspend to provide the Service for a certain period to the User posting the Deletable Content.
3. To cancel the membership registration of the User posting the Deletable Contents.
4. To make the Deletable Content (or both of the Deletable Content and the User posting it) public inside or outside of the Service for the purpose of encouraging the appropriate use of the Service by other Users.
The Company makes no commitment to delete the Contents upon the request of deletion from the Users (including the request from restaurants to delete the comments regarding their own restaurants).

Article 12 (Temporary Interruption of Service)

The Company may, without prior notice to the Users, temporarily suspend or interrupt the provision of the Service for the following reasons. Furthermore, the Company shall bear no liability for any loss, damage, or disadvantage to the Users that arises due to the suspension of interruption of the Service.

To maintain, inspect, or repair the Service.
To maintain, inspect, or repair the equipment necessary for the operation of the Service.
System equipment trouble due to fire, power failure, etc.
Disruption of the provision of the Service due to acts of God, war, civil unrest, labor disputes, etc.
If the Company determines necessary to suspend or interrupt to provide the Service for operational, technological, or other reasons.

Article 13 (Copyright)

Copyright of a Content posted on the Service by a User shall, in principle, belongs to the User who posted it or to the creator of the Content. However, in regard to any Content posted on the Service by a User, the User shall, free of charge, grant to the Company, as well as third parties licensed by the Company, the non-exclusive and perpetual rights to duplicate, edit, reorganize, post, reproduce, publicly transmit, screen, exhibit, provide, sell, transfer, lend, translate, or adapt, as well as the rights of the original author in connection with the exploitation of a derivative work (this means the rights described in the Copyright Act, Articles 21 to 28, including commercial use). Users shall not exercise any moral rights regarding the Company’s use of Contents in accordance with this paragraph.
Excluding the copyrights provided in the preceding paragraph, all copyrights and other rights regarding the Service belong to the Company, and accordingly the Users may not, without the Company’s prior permission, duplicate, edit, reorganize, post, reproduce, publicly transmit, screen, exhibit, provide, sell, transfer, lend, translate, adapt, or otherwise secondarily use the Contents of the Service.
The Users shall represent and warrant that the Contents posted on the Service by the Users do not in any way violate the intellectual property rights of any third party (including, but not limited to, copyrights, neighboring rights, design rights, utility model rights, trademark rights, patent rights, and know-how).
The Company has no responsibility to compensate for any damage or loss suffered by any User as a result of the use of the Contents by either the Company or a third party.
In the event that a User gains any profit through the use of the Contents posted on the Service, the Company retains the right to charge the User for an amount equivalent to the amount of such profit.

Article 14 (Prohibited Activities)

Upon the use of the Service by the Users, the Company prohibits any action which falls on or is likely to fall on any of the following items. In the event that the Company determines that a User has violated the terms of this Article, the Company may, in regard to the violating User, (1) correct the violation, (2) temporarily suspend the use of the Service, (3) cancel the membership registration, and/or (4) publish the facts of the violation both inside and outside of the Service; provided, however, the Company does not assume any obligation to carry out the foregoing measures. The Company shall bear no liability for any loss, damage, or disadvantage to the Users that arises due to the measures described in this Article. Furthermore, please be aware that no complaints or questions will be accepted in relation to the actions of the Company carried out in accordance with this Article.

Actions of violating the Terms.
Actions of posting information about a restaurant or other establishment with the intention of receiving compensation such as money or goods from a third party that is not recognized by the Company.
Actions that violate laws or public morals.
Actions that lead to crime or encourage criminal acts.
Actions of infringing the intellectual property rights of the Company, other Members, or third parties (including, but not limited to, copyrights, neighboring rights, design rights, utility model rights, trademark rights, patent rights, or know-how).
Actions of transmitting or posting harmful programs, scripts, etc.
Actions of causing disadvantage to other Users or third parties.
Actions of posting any Content for the purpose of making a profit or offering personal sales or exchanges, or any advertising (unless agreed to by the Company).
Actions of soliciting other Users or third parties to businesses or other activities for the purpose of making a profit (including, but not limited to, solicitation for insurance and similar activities), or actions considered to lead those actions by the Company.
Actions regarding religious activity (including solicitation for religious activity and proselytization), or actions considered to lead those actions by the Company.
Actions of leading others to sites deemed to be inappropriate by the Company, such as adult sites, one-click fraud sites, or sites made to circulate viruses or other harmful computer programs (including acts of posting a link to such websites on the Service).
Actions of posting any Content to solicit third parties to pyramid schemes, chain mail, MLM (multi-level marketing), or lead mail.
Actions of providing and operating, or causing a third party to provide and operate, a service that competes with the Service, and then soliciting other Users to such competitive service (unless agreed to by the Company).
Actions for the purpose of utilizing the Service for other services that compete with the Service (including actions of collecting information, etc.).
Actions of impersonating the Company or a third party.
Actions of reproducing either support emails or private messages from the Company.
Actions of sharing a single user ID among several people or entities, or one person or entity owning several user IDs.
Actions that place a burden on the servers beyond that typically expected during normal use.
Actions that interfere with the operation of the Service, or that damage the Company’s reputation.
Other actions determined by the Company to be inappropriate.

Article 15 (Notification and Contact)

When contacting the Company, the Users shall use the forms or email address specified by the Company. Notifications from contact addresses other than those listed on the Service may not be accepted. Contact from the Company to the Users shall be made through announcement on the Service, or by email to the address of the Users. However, the Company shall bear no liability for any disadvantage to any User in the event that the User does not provide accurate contact information to the Company.

Article 16 (Transfer of Rights and Obligations)

Without the prior written consent of the Company, the Users shall not transfer, lend, or pledge as collateral any and all rights or obligations under the Terms.
In the event that the Company succeeds the business related to the Service, whether through merger, transfer of business, or for any other reason, to a third party, the Company may transfer to the successor its contractual status under the Terms, any right and obligation based on the Terms, as well as all Member Information and posted Contents. With regard to such transfer, the Users are deemed to have agreed in advance under the terms of this paragraph.

Article 17 (Severability)

If any provision of the Terms is found to be invalid under the law, the other provisions of the Terms shall nevertheless remain valid.
If any provision of the Terms is invalidated or revoked in relation to a User, the Terms shall nevertheless remain valid in relation to other Users.

Article 18 (Governing Law and Jurisdiction)

The Terms shall be interpreted in accordance with and governed by laws of Thailand. Furthermore, in the event that a dispute regarding the Terms arises between the Company and any User, the court located in Bangkok shall have exclusive first instance jurisdiction.

Established on April 1, 2022

Latest Amendment on November 6, 2022