The information provided on the Why Not? Italian Restaurant & Wine Bar website (whynotchiangmai.com) is for general informational purposes only. Please read this disclaimer carefully before using our website or services.
1. Information Accuracy
While we strive to keep the information on our website up to date and accurate, we make no representations or warranties of any kind about the completeness, accuracy, reliability, suitability, or availability of the information, products, services, or related graphics.
- Menu items, prices, and availability may change without notice
- Wine selections and vintages are subject to availability
- Opening hours may vary on public holidays
- Images are for illustration purposes and may not reflect actual dishes
2. Dietary Information & Allergies
We provide dietary information (vegan, vegetarian, gluten-free, etc.) as a guide only:
- Our kitchen handles common allergens including gluten, dairy, nuts, and seafood
- Cross-contamination may occur despite precautions
- Always inform your server of any allergies or dietary restrictions
- We cannot guarantee that any item is completely free of allergens
IMPORTANT: If you have severe allergies, please discuss your needs with our staff before ordering. We take allergies seriously but cannot guarantee a completely allergen-free environment.
3. Wine Information
Information about wines in our 'Let's Wine' catalog is provided for educational and informational purposes:
- Tasting notes are subjective and may vary from your experience
- Vintage availability is subject to change
- Wine ratings are from third-party sources and may not reflect current assessments
- Alcohol content and other details are approximate
4. Health & Alcohol
Please consume alcohol responsibly:
- You must be 20 years or older to purchase or consume alcohol in Thailand
- We reserve the right to request identification
- We may refuse service to intoxicated individuals
- Don't drink and drive - please use a designated driver or taxi service
5. External Links
Our website may contain links to external websites. We have no control over the content and nature of these sites and are not responsible for:
- The content, privacy practices, or availability of linked websites
- Any loss or damage arising from your use of external links
- The accuracy of information on third-party platforms
6. Limitation of Liability
To the maximum extent permitted by Thai law, Why Not? Italian Restaurant & Wine Bar, its owners, employees, and partners shall not be liable for any:
- Direct, indirect, incidental, or consequential damages
- Loss of data or business interruption
- Personal injury from dining at our establishment
- Any claims arising from information on this website
7. Changes to Disclaimer
We reserve the right to modify this disclaimer at any time. Changes will be effective immediately upon posting. Your continued use of our website constitutes acceptance of any changes.
8. Developer Liability & Intellectual Property
This website was developed by Texavy NZ. The following provisions clarify the respective responsibilities and intellectual property rights:
8.1 Content Liability Limitation
Texavy NZ, as the website developer, is not liable for:
- Content, images, text, or materials provided by Why Not? Italian Restaurant & Wine Bar
- Accuracy, completeness, or legality of restaurant-provided information
- Third-party content, including wine descriptions, ratings, or reviews
- User-generated content or customer reviews
- Any claims arising from the use or misuse of website content
Legal Basis: Under New Zealand's Copyright Act 1994 (Section 92B) and Thailand's Copyright Act B.E. 2537 (1994) as amended by B.E. 2565 (2022), internet service providers and website developers are not liable for content created or provided by third parties when acting as intermediaries. The developer's role is limited to providing technical infrastructure and does not extend to editorial control or content verification.
8.2 Developer Intellectual Property Rights
Texavy NZ retains full intellectual property rights to:
- Website source code, architecture, and technical implementation
- Custom software components, modules, and functions
- Database structure, schemas, and technical design
- Administrative systems and content management interfaces
- Technical documentation and development methodologies
- All original code, algorithms, and technical solutions
Legal Basis: Under New Zealand's Copyright Act 1994 (Sections 14-21) and Thailand's Copyright Act B.E. 2537 (1994) (Sections 6-15), original works including computer programs, databases, and technical documentation are automatically protected upon creation. The developer, as the author and creator of the technical implementation, holds copyright in the code, structure, and technical design, separate from the content copyright held by the restaurant.
8.3 Separation of Rights
The intellectual property rights are clearly separated:
- Restaurant Content Rights: Why Not? Italian Restaurant & Wine Bar owns all rights to restaurant-specific content, branding, logos, menu items, wine descriptions, photographs, and business information
- Developer Technical Rights: Texavy NZ owns all rights to the website code, technical architecture, administrative systems, and development methodologies
- Third-Party Rights: Third-party content (wine ratings, reviews, external images) remains the property of respective copyright holders
8.4 Indemnification
Why Not? Italian Restaurant & Wine Bar agrees to indemnify and hold harmless Texavy NZ from any claims, damages, or liabilities arising from:
- Content provided by the restaurant or its representatives
- Infringement of third-party intellectual property rights in restaurant-provided materials
- Violations of applicable laws or regulations in restaurant operations or content
- Any misrepresentation or false information in restaurant-provided content
8.5 Technical Warranty Limitation
Texavy NZ provides the website technical infrastructure on an 'as-is' basis:
- No warranty is provided regarding uninterrupted or error-free operation
- Technical support is provided as per separate service agreements
- The developer is not responsible for third-party service failures (hosting, payment processors, etc.)
- Security measures are implemented following industry standards, but no system is completely secure
8.6 Governing Law
These developer provisions are governed by the laws of New Zealand and Thailand. The developer is based in New Zealand and operates under New Zealand law, while the website serves a business operating in Thailand. Both jurisdictions recognize the separation of technical infrastructure provision from content liability, and both provide strong intellectual property protections for software developers and original works.
If you have any questions, please contact us at
legal@whynotchiangmai.com