Terms of Use
These Terms of Use ("Terms" or "Agreement") are an agreement between nDataThoth Co., Ltd. ("nDataThoth", "us", "we", or "our") and you ("User", "you", or "your"). This Agreement sets forth the general terms and conditions of your use of Cookie Wow website (https://cookiewow.com) and any of its products or services (collectively, "Cookie Wow Website" or "Services").
Accounts and Membership
If you create an account on the Cookie Wow Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and internet protocol address to prevent further registration.
User Content
We do not own any data, information or material ("Content") that you submit on the Cookie Wow Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review Content on the Cookie Wow Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Cookie Wow Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. However, you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
Billing and Payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase.
We reserve the right to change products, services and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Cookie Wow Website is offering products and services for sale. Once we receive your order and payment has successfully passed a fraud review, access will be granted to the product or service being purchased as soon as possible. Free products are provided with limited features. All fees are non-refundable.
Refund Policy
Since our Cookie Wow Website offers non-tangible, irrevocable goods we do not provide refunds after the product is purchased, which you acknowledge prior to purchasing any product on the Cookie Wow Website. Please make sure that you have carefully read the Service description before making a purchase.
Accuracy of Information
Occasionally there may be information on the Cookie Wow Website that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Cookie Wow Website or on any related Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Cookie Wow Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Cookie Wow Website should be taken to indicate that all information on the Cookie Wow Website or on any related Services has been modified or updated.
Third-Party Services
If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against nDataThoth Co., Ltd. with respect to such other services. nDataThoth Co., Ltd. is not liable for any damages or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting nDataThoth Co., Ltd. to disclose your data as necessary to facilitate the use or enablement of such other service.
Uptime Guarantee
We offer a Service uptime guarantee of 99% of available time per month. If we fail to maintain this service uptime guarantee in a particular month (as solely determined by us), you may contact us and request a credit off your Service fee for that month. The credit may be used only for the purchase of further products and services from us and is exclusive of any applicable taxes. The service uptime guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time (2) interruptions caused by you or your activities (3) outages that do not affect core Service functionality (4) causes beyond our control or that are not reasonably foreseeable and (5) outages related to the reliability of certain programming environments.
Backups and Recovery
We perform regular backups of the Cookie Wow Website and Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime. Notwithstanding the foregoing, in the event that you intentionally or accidentally delete your Content from Cookie Wow Website, you acknowledge and agree that such Content will be permanently deleted and cannot be recovered in which we are not obligated to recover the Content thereafter.
Links to Other Websites
Although this Cookie Wow Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Cookie Wow Website. Your linking to any other off-site websites is at your own risk.
Referral Program
We offer a Referral Program for customers who are interested in participating in sharing the referral code received from the program with a prospective customer who has not previously purchased any product or service with us to apply the referral code to their initial purchase checkout process. Referral program participants will receive reward for the purchase that has applied the referral code, and customers that make the first purchase using the referral code will receive a discount when purchasing such product or service.
To learn more about the terms and conditions of the aforementioned Referral Program.Please visit the Terms and Conditions of the Referral Program.
Prohibited Uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Cookie Wow Website or its Content: (a) for any unlawful purpose (b) to solicit others to perform or participate in any unlawful acts (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability (f) to submit false or misleading information (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet (h) to collect or track the personal information of others (i) to spam, phish, pharm, pretext, spider, crawl, or scrape (j) for any obscene or immoral purpose (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet, or (l) to resell or otherwise make the Services available to any third party, in whole or in part, directly or indirectly, or on a bundled or unbundled basis.
We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
Intellectual Property Rights
This Agreement does not transfer to you any intellectual property owned by nDataThoth or third parties, and all rights, titles, and interests in, including without limitation to copyrights, patents, trade secret, and other intellectual property rights vested in such property will remain (as between the parties) solely with nDataThoth or its licensors. All trademarks, service marks, graphics and logos used in connection with our Cookie Wow Website or Services, are trademarks or registered trademarks of nDataThoth or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Cookie Wow Website or Services may be the trademarks of other third parties. Your use of Cookie Wow Website and Services grants you no right or license to reproduce or otherwise use any nDataThoth or third-party trademarks.
Disclaimer of Warranty
You agree that your use of Cookie Wow Website or Services is solely at your own risk.You agree that such Services is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Services is done at your own discretion and risk and that you will be solely responsible for any damages, cost and expenses to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any products or services purchased or obtained through the Services or any transactions entered into through the Services. No legal advice or information, whether oral or written, obtained by you from us or through the Services shall create any warranty not expressly made herein.
You agree and acknowledge that nDataThoth is not a law firm, attorney, lawyer nor do we offer legal advice. We do not otherwise guarantee the legal accuracy or applicability of any documents for your legal needs.
All Services and/or information (including agreements, forms and other documents) available on Cookie Wow Website are provided without any warranty, express or implied, including as to their legal effect and completeness. The Services and information should be used as a guide and modified to meet your own individual needs and the laws of your country. Your use of the Services, information, forms or documents are at your own risk. nDataThoth and any of its employees, contractors, or attorneys who participated in providing the Services and information expressly disclaim any warranty and they are not creating or entering into any attorney-client relationship by providing the Services and information to you. However, please be informed that you shall consider seeking advice from your own company's legal counsel to assure that the advice is in consistent with your organization's business practices.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall nDataThoth, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if nDataThoth has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of nDataThoth and its affiliates, officers, employees, agents, suppliers and licensors, relating to the Services will be limited to the actual amount paid by you to nDataThoth for the occurrence giving rise to such liability. The limitations and exclusions shall apply if this remedy does not fully compensate you for any damages, losses or fails of its essential purpose.
Indemnification
You agree to indemnify and hold nDataThoth and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Cookie Wow Website or Services or any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Content and Postings
You may not modify, print, or copy any part of the Cookie Wow Website. Inclusion of any part of this Cookie Wow Website in another work, whether in printed or electronic or another form or inclusion of any part of the Cookie Wow Website in another website by embedding, framing or otherwise without the express permission of nDataThoth is prohibited.
You shall not upload Content that is defamatory, fraudulent, obscene, threatening, invasive of another person's privacy rights or that is otherwise unlawful. You shall not upload Content that infringes on the intellectual property rights of any other person or entity. You shall not upload any Content that includes any computer virus or other code designed to disrupt, damage, or limit the functioning of any computer software or hardware. By submitting or uploading files on the Cookie Wow Website, you grant nDataThoth to remove any file at any time and for any reason.
Dispute Resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Thailand without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Thailand. The exclusive jurisdiction and venue for legal actions related to the subject matter hereof shall be the competent courts located in Thailand, and you hereby submit to the competent jurisdiction of such courts.
Assignment
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Changes and Amendments
We reserve the right to modify this Agreement or its policies relating to the Cookie Wow Website or Services at any time, effective upon posting of an updated version of this Agreement on the Cookie Wow Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Cookie Wow Website after any such changes shall constitute your consent to such changes.
Acceptance of These Terms
You accept and acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Cookie Wow Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Cookie Wow Website and its Services.
Contacting Us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form, send an email to info@ndatathoth.com or write a letter to nDataThoth Co., Ltd., 7 Summer Point, 2nd Fl. Soi Sukhumvit 69, Phra Khanong Nua, Wattana, Bangkok 10110 Thailand.