There are no participation or membership fees associated with SWHK Promotional Offers.
SWHK Promotional Offers are one way in which SWHK endeavors to reward and thank loyal customers for patronizing our business and purchasing SWHK products.
SWHK Promotional Gifts and/or Prizes may be earned through participating SWHK Brands only, and not all SWHK Brands will have the ability to award SWHK Promotional Gifts and/or Prizes. The participating SWHK Brands will be mentioned. In case all SWHK Brands are participating, then there will be no mention of specific brands.
SWHK reserves the right to change, modify, discontinue or cancel all or any part of the SWHK Promotional Offers, at any time and in its sole discretion, without notice to you. SWHK may conduct test programs from time to time in certain markets which may have additional/different terms than those described in the SWHK Promotional Offers in your market. SWHK has no obligation to expand or continue any test or the SWHK Promotional Offers, and may discontinue any offer at any time. SWHK cannot guarantee that all participants will be winners, in any sort of Promotional Offer and Campaign.
SWHK, its respective affiliates, and its respective franchisees, suppliers and vendors (including, without limitation, technology developers and/or providers) make no representations, warranties or conditions of any kind, express or implied, with respect to the SWHK Promotional Offers, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. SWHK does not represent or warrant that the SWHK Brands Menus, SWHK websites or third party delivery apps will always be accessible or that orders will always be accepted.
In the event that SWHK, any of its respective affiliates, or any of its respective franchisees, suppliers and/or vendors (including, without limitation, technology developers and providers) are found liable to you for any reason, you shall only be entitled to recover actual and direct damages, and such damages shall not exceed EUR 100. Sponsors and their respective parents, subsidiaries and affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with the SWHK Promotional Offers, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if SWHK or its respective authorized representatives have been advised of the possibility of such damages.
SWHK may engage third-party partner companies to provide certain SWHK Promotional Offers and SWHK Promotional Gifts and related services. SWHK is not responsible, and assumes no liability, for the goods and services of such partner companies (including any changes to or discontinuances of such partner companies’ goods or services). Neither SWHK, its affiliates, and/or its respective franchisees, suppliers and/or vendors will be liable for any acts, errors, or omissions of any third party or program partner.
The laws of certain jurisdictions may not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in these Program Terms. In any such jurisdiction, SWHK’s liability is limited to the greatest extent permitted by law.
By participating in SWHK Promotional Offers, you agree to release SWHK and all of its respective affiliates, parents, subsidiaries, franchisees, vendors and suppliers, and each of their officers, directors, employees and agents from any and all liability, loss or damage incurred through your participation in any SWHK Promotional Offers including, but not limited to, the earning of SWHK Promotional Gifts, and the receipt, possession, use and/or misuse of any SWHK Gift and/or Prizes.
SWHK may amend or replace these Program Terms at any time. SWHK will post the amended or replaced Program Terms to its website at https://www.byswhk.com/uae/terms-and-conditions/. As permitted by applicable law, any amendment or replacement will become effective at the time SWHK posts the amended or replaced Program Terms to its website. Your continued participation in any SWHK Promotional Offer and/or any concurrent Promotional Campaign program will constitute your acceptance to any amendment to or replacement of these Program Terms.
These Program Terms and any disputes arising under or related to them will be governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai. Any claim, dispute or controversy (whether in contract, regulatory, tort or otherwise, whether pre-existing, present or future and including constitutional, statutory, common law, intentional tort and equitable claims) arising from or relating to any SWHK Promotional Offer or Program Terms shall be exclusively referred to and settled by the Dubai Courts.
These Program Terms constitute the entire and exclusive agreement between you and SWHK with respect to the SWHK Promotional Offers. These Program Terms supersede all prior or contemporaneous communications, agreements, advertising, descriptions, terms and conditions, and proposals, whether electronic, oral, or written, with respect to the SWHK Promotional Offers or any other version of a member loyalty or rewards program from SWHK or any of its affiliates. Both you and SWHK acknowledge that neither you nor SWHK has been induced to enter into these Program Terms by any representations or promises not specifically stated in these Program Terms.
If and to the extent that there is any conflict among or between any SWHK Brand website, third party delivery app (including any SWHK Brand app pages) or other SWHK Brand Program marketing, promotion, communication or descriptive materials and these Program Terms, the language in these Program Terms will control. SWHK’s failure to or decision not to enforce any provision in these Program Terms will not constitute a waiver of that or any other provision. The invalidity or unenforceability of any provision of these Program Terms will not affect the validity or enforceability of any other provision.