Wendy’s COMPANY

Wendy’s assigns work with our Wendy’s franchisee to run quick service restaurants throughout Jamaica.

Wendy’s provides automated and centralized order processing and delivery dispatch solutions so that we, along with our franchisees, can deliver exceptional service to our customers. For this purpose, we collect and use some basic personal information about customers.

We also collect and use personal information about our employees and franchisees.

This privacy policy explains those personal information practices.

WHAT PERSONAL INFORMATION DO WE COLLECT?
Information collected from Customers
Typically, when a customer contacts us, either by telephone or through our website, we collect customers’ names, addresses, phone numbers, email address and any comments that a customer may provide to us. Wendy’s provides the information you provide to Wendy’s to the independent franchisee that serves you. The information you provide to such franchisee is governed by their personal information practices and privacy practices. You should consult with the franchisee who serves you to find out how and why they collect and use personal information.

Information Collected from Potential Franchisee
Typically, when a potential franchisee contacts us we collect the potential franchisee’s names, addresses, phone numbers, email address as well as financial information and work/education background and history.

Information Collected from Employees/Potential Employees
With respect to potential employees, we collect only that information that is reasonably necessary to assess an individual’s application for and suitability for employment and to administer our employees. The information that is collected includes names, addresses, phone numbers, email address, bank accounts as well as information regarding performance, work/education background and history and such information contained in a résumé or that is obtained from references.
Personal information does not include the business contact information of our franchisees/employees such as Wendy’s business telephone, mobile phone and email addresses of our employees, nor does it include the name and business title of Wendy’s employees.

WHY DO WE COLLECT PERSONAL INFORMATION?
Customer Personal Information
We collect, use and maintain personal information (including delivery address, email, and past order history) for the following service purposes:
• to fulfill orders;
• to anticipate order preferences when you contact us again; and
• to provide faster, better service.
If you tell us that you do not wish us to keep the above information, we will destroy it.

However, at present our systems cannot track these types of requests beyond its destruction.

As such, if you order from us again, we will collect this information upon submission of the new order and it will not be automatically destroyed. Refer to the section below entitled “How can I access and update my Personal Information?” for instructions on how to notify us of your preferences. In that case, you will need to provide personal information each time that you contact us to place an order.

We may also use personal information we keep for marketing purposes such as to contact you (whether by email, telephone, direct mail, or another medium of communication) about:
• promotions or contests;
• new products or product promotions;
• special offers;
• asking for feedback on new products;
• asking for feedback on your dining experience and our customer service; and
• responding to your comments or concerns.

Personal information is shared with our affiliates, franchisees, agents, representatives, contractors and service providers, some of whom may be located outside of Jamaica, for the purposes described above. Our affiliates are subject to and abide by this privacy policy. We require our affiliates, franchisees, agents, representatives, contractors and service providers to use personal information we share with them only in accordance with this privacy policy and the applicable law.
We will not use or disclose your personal information for marketing purposes, however, we may disclose personal information in connection with a reorganization or an acquisition. If you tell us that you do not wish us to do so, refer to the section below entitled How can I access and update my Personal Information? for instructions on how to notify us of your preferences.
We do not disclose customer’s personal information to others without your consent, except as required or permitted by law.
Franchisee Applicants Personal Information
We use personal information of franchisee applicants only for the purpose of determining whether or not to grant a franchise to the applicant. If the applicant is successful we will also retain and use the information collected in the course of assessing the application for a franchise for use in connection with the franchise agreement. We may retain applicant information for a period of twelve months from the date of application for the purpose of assessing an individual’s suitability for other franchise opportunities with our organization. Applicant’s personal information is destroyed after twelve months from the date of application if no franchise rights are granted. Disposal is executed by shredding or another secure disposal mechanism.
Applicants for Employment Personal Information
We use personal information of applicants for employment only for the purpose of assessing suitability for employment. If the applicant is successful we will also retain and use the information collected in the course of assessing the application for employment. We may retain applicant information for a period of twelve months from the date of application for the purpose of assessing an individual’s suitability for other employment opportunities with our organization. Applicant personal information is destroyed after twelve months from the date of application if no employment with our organization materializes in that time period. Disposal is executed by shredding or another secure disposal mechanism.
Employee Personal Information
We collect and use personal information about our employees for employment purposes, such as:
• to manage an individual’s employment relationship with us;
• to evaluate an individual’s performance in their job;
• to administer compensation and insurance, employment and retirement related benefits;
• to promote the health and safety of the workplace;
• to accommodate an employee in a return to work program after a disability; and
• if applicable, to investigate whether to terminate an employment relationship or to make a decision about whether to terminate employment.
From time to time we may monitor emails and computer use of our systems by employees. This is done in order to ensure that company systems and email infrastructure are used exclusively for legitimate business purposes and to protect our systems from unauthorized use. We try to minimize intrusiveness when we do this.
We also may use personal information in our files about individuals who were, but are no longer, employed by us, for some of the purposes listed above to the extent necessary to satisfy an obligation which survives employment or to assess a former employee’s suitability for new employment with us and to contact individuals about such potential employment opportunities.
Employees are made aware of the purpose for which their personal information is collected, used or disclosed through the availability of this Privacy Statement.
Sharing of Employee Personal Information
We may retain a service provider to perform on our behalf certain administrative services in support of our business. Such service providers include our payroll service and our outsourced benefit and RRSP carrier. Accordingly, in certain instances service providers may be provided with personal information to the extent that it is necessary in the performance of those specific administrative services provided to us. We require service providers to use and take steps to protect any personal information we provide to them. At a minimum, they must take precautions to hold information secure and they must adhere to the principles set out in this Privacy Statement. Personal information may also be shared with our affiliates. Our affiliates are subject to and abide by this privacy policy.

Sometimes, individuals or organizations may ask for information about our existing or former employees. Typically we do not disclose personal information about our employees or former employees unless specifically directed to do so by the employee or if we are compelled by law or a court order. However, in a tender or other competitive bid process we may be asked to provide information about our individual employees and their credentials, including their résumé and we will disclose this information in these circumstances.
Sometimes our former employees ask us to share their personal information with other organizations for the purposes of an employment reference. We do not provide employment references other than to confirm the position or positions held and the employee’s tenure with us. An employee’s request for a reference means that we are authorized to disclose such information to the person seeking the reference, or a person acting on their behalf.

HOW DO WE SAFEGUARD PERSONAL INFORMATION?
We retain the personal information that we collect for so long as such personal information is useful or may be required. Except where required or authorized at law, when personal information is no longer required for the purposes for which it has been collected, such personal information (if it continues to be in our possession) will be made anonymous or destroyed.
Personal Information may be stored and processed outside of Jamaica, including the United States. As such, personal information may be accessed by foreign governmental authorities and otherwise in accordance with the laws applicable in the jurisdiction in which it is stored.

HOW CAN I ACCESS AND UPDATE MY PERSONAL INFORMATION?
We make efforts to ensure that the personal information we use and keep is accurate, complete and up-to-date. You may request to review and/or correct your personal information.
Also you may contact us to tell us, if you do not wish us to:
• Keep your personal information for future service purposes;
• Use your personal information for marketing purposes; or
• Share your personal information for marketing purposes.
Please feel free to contact us if have any questions about the collection, use, disclosure or storage of personal information by service providers located outside of Jamaica or wish to access written information about the policies and practices utilized in connection with service providers outside of Jamaica. Contact us by calling 876-941-6912.

HOW CAN I REQUEST A DELETION OF MY PERSONAL DATA?
Deletion of Personal Data: Upon termination of the Services, for any reason, and if requested by Customer in writing, GARA Restaurants Limited, trading as Wendy’s Jamaica shall as soon as reasonably practicable delete the Personal Data, PROVIDED that Wendy’s Jamaica may: (a) retain one copy of the Personal Data as necessary to comply with any legal, regulatory, judicial, audit or internal compliance requirements; and/or (b) defer the deletion of the Personal Data to the extent and for the duration that any Personal Data or copies thereof cannot reasonably and practically be expunged from Wendy’s systems. A customer may request deletion by emailing info@wendysjamaica.com with their full name, email address and telephone number. Or Login to their Profile and delete their User Account from the Wendy’s database.

HOW DO YOU MONITOR COMPLIANCE WITH THESE PRACTICES?
Our Director, Human Resources, is the person responsible for our personal information practices and monitors ongoing compliance with our privacy policy. You can contact our Vice President Human Resources by mail as follows:

CONTACT INFORMATION

OUR AFFILIATES SUBJECT TO THIS PRIVACY POLICY
The following Wendy’s Franchisee has adopted and abides by this privacy policy:
• GARA Restaurants Limited

CHANGES TO OUR PRIVACY POLICY
This privacy policy is effective as of 2024. It may be amended from time to time in which event, we will post the revised version here.

© 2024 Quality Is Our Recipe, LLC

TERMS OF USE
Wendy’s & GARA RESTAURANTS LTD TERMS OF USE
These Terms of Use (“Terms”) govern your use of the Wendy’s & GARA websites on which they appear, and your use of the features therein. Wendy’s & GARA may revise the information, services and the resources contained in this web site from time to time and we reserve the right to make such changes without obligation to notify past, current or prospective visitors.

NO WARRANTY/LIMITATION ON LIABILITY
Wendy’s & GARA strive to ensure that the information contained in this web site is accurate and reliable. However, Wendy’s & GARA and the World Wide Web (or Web Site Host) are not infallible, and errors may sometimes occur. Therefore, to the fullest extent permissible pursuant to applicable law, Wendy’s & GARA make no representations about the reliability of the features of this Site, the Wendy’s & GARA Content (defined below), Submitted Content (defined below), or any other Site feature. You acknowledge that any reliance on such material and/or systems will be at your own risk. Wendy’s & GARA are not responsible for the information, data, text, or other materials that may appear in Submitted Content or may otherwise be submitted by users. Opinions expressed in Submitted Content do not necessarily reflect the opinions of Wendy’s & GARA, and Wendy’s & GARA do not endorse and have no control over Submitted Content. Submitted Content is not necessarily reviewed by Wendy’s & GARA prior to posting and Wendy’s & GARA make no warranties, express or implied, as to the Submitted Content or to the accuracy and reliability of the Submitted Content Wendy’s & GARA make no representations regarding the amount of time that any Wendy’s & GARA Content or Submitted Content will be preserved.
Wendy’s & GARA disclaim any warranty of any kind, whether expressed or implied, as to any matter whatsoever relating to this web site, including without limitation the merchantability or fitness for any particular purpose. Wendy’s & GARA are not liable or responsible for any damages or injuries caused by use of this web site (such as viruses, omissions or misstatements).  THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WENDY’S & GARA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL WENDY’S & GARA BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND WENDY’S & GARA’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. 

COMMUNICATING WITH Wendy’s & gara
On certain areas of our site, you may be given the ability to contact us by electronic mail, for example, to sign up for services such as e-mail notifications and newsletters about our products, to register for a particular sweepstakes or contest, or to participate in our interactive forums, like chat rooms and message boards. The information that you provide to us through this Site is governed by our Privacy Policy.
These areas are designed to give our users the ability to contact us with questions or concerns, to engage in dialogue with us and other Site users, or to take advantage of other features we may provide from time to time. They are not intended for, and should not be used to, submit unsolicited ideas. It is company policy not to accept such unsolicited ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or similar materials from outside parties. By entering the site, you acknowledge and agree that any materials, ideas, or other communications you transmit to us in any manner and for any reason will not be treated as confidential or proprietary. It is Wendy’s & GARA’s policy not to accept, and to return, any unsolicited ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other similar materials. Nevertheless, should you submit such materials, you understand that you have no ownership rights in any ideas you may submit, and you expressly disclaim any rights or causes of action you may have with respect to any materials you may submit.

WENDY’S & GARA PROPERTY
This web site contains many valuable trademarks owned and used by Wendy’s & GARA and its subsidiaries and affiliates throughout the world. These trademarks are used to distinguish Wendy’s & GARA’s quality products and services. The text, graphics and html code contained in this web site are the exclusive property of Wendy’s & GARA. Wendy’s & GARA Content is protected from reproduction and simulation under national and international laws and except where otherwise noted, is not to be copied, distributed, displayed, reproduced, or transmitted in any form, by any means, without the prior express written permission of Wendy’s & GARA.
Third party content, such as user-posted content, including graphics, video clips, images, trademarks, trade names, characters, and trademarks and copyrights is the property of the third parties that market or license that content, and is used by s Wendy’s & GARA subject to license or subject to the fair use provisions of Jamaican copyright or trademark law or made permissible under other applicable law.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to our Proprietary Rights Complaint Process page, and follow the instructions in that area.

USER-SUBMITTED CONTENT
On certain areas of our Site, you may be able to submit text, files, images, photos, videos, sounds, musical works, works of authorship, and other materials and content (“Submitted Content”). You have no ownership rights in your account or other access to the Site or features therein, and Wendy’s & GARA may delete all Submitted Content at any time, with or without notice, if Wendy’s & GARA deem that you have violated these Terms, the law, or for any other reason. Wendy’s & GARA assume no liability for any information removed from our Site and reserve the right to permanently restrict access to the Site or for features therein.
By posting, displaying, publishing or otherwise submitting Submitted Content on or through this Site, you understand and acknowledge that any materials, ideas, or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, video, scripts, music, photographs, designs, plans, charts, or other materials you transmit to Wendy’s & GARA may be used by Wendy’s & GARA anywhere, anytime, and for any reason whatsoever subject to following terms:
• You hereby grant to Wendy’s & GARA a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute Submitted Content. This license includes the right to host, index, cache, distribute, and tag any Submitted Content, as well as the right to sublicense Submitted Content to third parties, including other users, for use on other platforms, such as for use on mobile phones, in video or music software computer programs.
• You represent and warrant that you own the Submitted Content displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of your Submitted Content, and our use thereof, does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any Submitted Content displayed, published, or posted by you to the Site.
• You agree that your Submitted Content is gratuitous and made without restriction and will not place Wendy’s & GARA under any obligation. You agree that Wendy’s & GARA are free to disclose the ideas contained in the Submission, including, for example, ingredient or menu item suggestions, on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Submission, Wendy’s & GARA do not waive any rights to use similar or related ideas previously known to Wendy’s & GARA, or developed by its employees, or obtained from sources other than you. Your posting of Submitted Content is further subject to the following posting rules:
• You may not post any content that, as determined in Wendy’s & GARA’s sole discretion, is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate.
• You may not post any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of Wendy’s & GARA. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
• You may not post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing website visitors to a location for more information about a product or service.
• You may not post any software, files, or links to other sites, and you may not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You may not modify in any way any specifications, technology or application codes provided to you by Wendy’s & GARA or as embedded in the Submitted Content unless expressly authorized in writing by Wendy’s & GARA.
• You may not share or transfer password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of any account you have been permitted to create on this Site and for the confidentiality of your password. Wendy’s & GARA do not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms, please contact Restaurants of Jamaica Limited, 2D Valentine Drive, Kingston 19, Jamaica, W.I.

WEB SITE ACCESS
• Wendy’s & GARA hereby grant you permission to use the Site as set forth in this Terms of Use, provided that: (i) your use of the Site as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Site in any medium without Wendy’s & GARA’s prior written authorization; (iii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
• In order to access some features of the Site, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Wendy’s & GARA immediately of any breach of security or unauthorized use of your account. Although Wendy’s & GARA will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Wendy’s & GARA or others due to such unauthorized use.
• You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to the s Wendy’s & GARA servers in a given period of time than a human can reasonably produce in the same period by using a conventional online Web browser. Notwithstanding the foregoing, Wendy’s & GARA grant the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Wendy’s & GARA reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submitted Content.

INDEMNIFICATION
You agree to indemnify and hold Wendy’s & GARA, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees, and agents harmless from any claims, damages, and expenses, including reasonable attorney’s fees, related to your violation of these Terms, or any violations thereof by your dependents or which arises from the use of Submitted Content.

HYPER-LINKS
The Wendy’s & GARA web site may link to sites not maintained by or related to Wendy’s & GARA. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with this web site or Wendy’s & GARA. Wendy’s & GARA have not reviewed the sites hyper-linked to or from this web site and is not responsible for the content of any other site. These links are to be accessed at the user’s own risk. Wendy’s & GARA make no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to or from this web site. Furthermore, Wendy’s & GARA do not implicitly endorse third-party sites hyper-linked to or from this web site.

TEXT MESSAGING NOTICE
If you choose to participate in any Wendy’s promotion that may involve the use of text messaging (either sending or receiving), Wendy’s will not charge you for the text messaging; however, standard text messaging rates will apply to each text message sent or received as provided in your wireless rate plan (contact your carrier for pricing plans and details).

MISCELLANEOUS
These terms constitute the entire agreement between you and Wendy’s & GARA and govern your use of the Wendy’s Jamaica site and supersede all prior or contemporaneous communications and proposals whether electronic, oral or written, between you and Wendy’s & GARA with respect to the Wendy’s Jamaica site and services. Both you and Wendy’s & GARA acknowledge and agree that no partnership is formed and neither of you nor Wendy’s & GARA has the power or the authority to obligate or bind the other.
The failure of Wendy’s & GARA to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavour to give effect to the parties’ original intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
Software that may be available in connection with this site is subject to United States export controls. No software may be downloaded from this site or otherwise exported or re-exported in violation of Jamaican laws. Downloading or using the software is at your sole risk.

The failure of Wendy’s & GARA to comply with this Agreement because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, or local governmental authorities or for any other reason beyond the reasonable control of, Wendy’s & GARA shall not be deemed a breach of this Agreement. If Wendy’s & GARA fail to act with respect to your breach or anyone else’s breach on any occasion, Wendy’s & GARA are not waiving its right to act with respect to future or similar breaches.
The headings in this Agreement are for your convenience and reference. These headings do not limit or affect this Agreement.
If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

ARBITRATION AND DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to your use of the Wendy’s Jamaica site or your Submitted Content shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Jamaican law and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Wendy’s & GARA will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Wendy’s & GARA shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. The prevailing party shall be entitled to an award by the arbitrator of reasonable attorneys’ fees and other costs reasonably incurred in connection with the arbitration.  THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT USE THIS WEBSITE OR SUBMIT CONTENT IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE TERMS.
BY USING THE WENDY’S JAMAICA SITE OR SUBMITTING CONTENT, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH YOUR USE OF THE YUM! BRANDS INC & ROJ SITE OR YOUR SUBMITTED CONTENT WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

GOVERNING LAW AND JURISDICTION
These Terms are governed by Jamaican Law and are subject to all applicable local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of you or Wendy’s & GARA Restaurants Limited in connection with your use of the Wendy’s & GARA Restaurants Limited site or your Submitted Content, shall be governed by, and construed in accordance with, the laws of Jamaica, without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth above and/or for entering any judgment on an arbitration award, shall take place in Jamaica.
This Agreement constitutes a binding agreement between you and Wendy’s & GARA and is accepted by you upon your use of the site. This Agreement constitutes the entire agreement between you and Wendy’s & GARA regarding the use of the site and the features therein. By using this site, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by this Agreement.

Wendy’s TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. ACCESS TO AND USE OF THIS SITE IS PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS. USE OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS, VIEW OR USE THIS SITE IN ANY MANNER.
This site is operated by Wendy’s and the following terms and conditions (“Terms and Conditions”) govern your use of this site and the information services contained herein Additional terms and conditions of use applicable to specific areas of this site may also be posted in such areas and, together with these Terms and Conditions, govern your use of those areas. These Terms and Conditions, together with any such additional terms and conditions as well as the Privacy Policy are referred to as this “Agreement”. Wendy’s reserves the right, in its sole discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the site. Your use and continued use of the site constitutes your binding acceptance of this Agreement, including any changes or modifications made by Wendy’s as permitted above. If at any time this Agreement becomes unacceptable to you, you should immediately cease all use of this site.

RESTRICTION OF LIABILITY
Wendy’s will not be liable for any damages or injuries caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Under no circumstances shall Wendy’s be liable for any damages resulting from the use of this site or the Materials (as defined below), including without limitation, indirect, special, consequential, incidental or punitive losses, damages or expenses or lost profits or savings even if Wendy’s has been advised of their possible existence, or even if Wendy’s or an authorized Wendy’s representative has been advised of the possibility of such damages, or both.

RESTRICTIONS ON USE
Except as stated herein, all information and materials contained in this site including the design of this site, the text, graphics, logos, images, icons, interfaces and the selection, assembly and arrangements thereof (the “Materials”) are the sole property of Wendy’s, its affiliates, subsidiaries, assigns and related companies or the respective owners of such Materials. You may not use the Materials except as specifically contemplated herein. Modification or use of the Materials for any other purpose will violate the intellectual property rights of the respective owners of such Materials. You may not use the Materials on any other website. You agree to prevent any unauthorized use of the Materials. You may not resell, redistribute, decompile, reverse engineer, disassemble or otherwise convert any Materials from this site to a human perceivable form. Except as specifically provided herein, you may not copy, distribute, republish, upload, post, or transmit Materials from this site in any way without Wendy’s prior written consent. The Materials in this site are provided for lawful purposes only, and you may not use this site in any manner which is contrary to any applicable local, provincial, national, international, and foreign laws which govern your use of this site. You may not use this site in any manner which could damage, disable, overburden, or impair this site or interfere with any other party’s use and enjoyment of this site.

SUBMISSIONS
Wendy’s is pleased to hear from you and welcomes your comments regarding Wendy’s products and services. However, please do not send us information or post it on this site unless you are willing to a) let Wendy’s have it, and b) let the world know about it. All remarks, suggestions, ideas, graphics, or other information communicated to Wendy’s through or as a result of this site (together, the “Submissions”) will forever be the property of Wendy’s. Wendy’s will not be required to treat any Submission as confidential and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Wendy’s operations. Without limitation, Wendy’s will have exclusive ownership of all present and future existing rights to Submissions of every kind and nature everywhere. Except as noted below in this paragraph, Wendy’s will be entitled to use the Submissions for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submissions. Any personally identifiable information that may be received at this site is provided voluntarily by the visitor to this site and is subject to the Privacy Policy on this site. By transmitting the Submissions to Wendy’s you represent and warrant that you own or otherwise control all rights to the Submissions. You agree that you are responsible for whatever Submissions you submit, and you, not Wendy’s, have full responsibility for its content, including its legality, reliability, appropriateness, originality, and copyright.

JURISDICTION
Except as described otherwise, the Materials are made available only to provide information and promote Wendy’s products and services in Jamaica. Wendy’s controls and operates this site from its headquarters in Kingston, Jamaica and makes no representation or warranty that the Materials and the Wendy’s products and services described in this site are appropriate or available for use in other jurisdictions. If you use this site from another country, you are responsible for compliance with applicable laws.

DISCLAIMER
The Materials could include technical inaccuracies or typographical errors. Wendy’s may make changes or improvements at any time.
THE MATERIALS IN THIS SITE ARE PROVIDED IN GOOD FAITH ON AN “AS IS” BASIS AND WITHOUT WARRANTIES, CONDITIONS OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. Wendy’s DISCLAIMS ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THIS SITE OR ANY OF THE MATERIALS. Wendy’s DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE AND THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE AND THE MATERIALS WILL BE ACCESSIBLE AND PERFORM IN ACCORDANCE WITH YOUR EXPECTATIONS OR THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Wendy’s DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Wendy’s) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE DISCLAIMERS CONTAINED HEREIN SHALL APPLY TO ALL DAMAGES OR INJURIES INCURRED FROM OR RELATED TO YOUR USE OF THIS SITE AND THE MATERIALS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD Wendy’s, ITS EMPLOYEES, DIRECTORS, AND RELATED ENTITIES HARMLESS FROM AND AGAINST ALL LIABILITIES, COSTS AND EXPENSES INCLUDING REASONABLE ATTORNEYS’ FEES, RELATED TO ANY VIOLATION OF THIS AGREEMENT BY YOU.

MISCELLANEOUS
This Agreement will be governed by and interpreted pursuant to the laws in force in the Republic of Jamaica, without regard to its conflict of law principles. In the event of any dispute or controversy arising from this site, you expressly consent to the sole and exclusive jurisdiction and venue of the courts of Jamaica. If any part of the Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of the use of this site for illegal purposes will be provided to law enforcement authorities. This Agreement is the entire agreement between the parties relating to the use of this site. Wendy’s products and services are available in many parts of the world. However, this Wendy’s site may describe products and services that are not available worldwide. This site may be linked to other sites which are not maintained by Wendy’s. Wendy’s is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by Wendy’s of the sites.

TRADEMARK INFORMATION
Wendy’s, all logos, registered trademarks, and other logos and/or slogans used in this site are used under license from Wendy’s, LLC. All trademarks are the property of the respective trademark owners Wendy’s. All Rights Reserved.

© 2024 GARA Restaurants Limited. All rights reserved.

© 2024 Quality Is Our Recipe, LLC