Terms and Conditions

TERMS OF USE

Use of Services

DINEST TECHNOLOGIES LIMITED

Company number: 14968237
Registered office address:
167-169 Great Portland Street, London, England, W1W 5PF

+447405266040

1. General

1.1. DINEST. The following Terms of Use of DINEST (the ToU) shall apply to DINEST’s mobile application, which allows anyone to consult the food reviews published by DINEST on restaurants, bars, food trucks, markets and other F&B businesses, as well as associated services available upon registration of an Account (as defined below), available on smartphones, tablets, and other electronic devices, on iOS and Android (the App), and to the website accessible at dinestapp.com and any other services available at the same URL address (together the Services)

1.2. Acceptation of the ToU. Any access or use of the Services are subject to the terms of these ToU as may be amended from time to time. Anyone who accesses, browses and/or uses the Services through whatever platform (each a User) acknowledges to have read, understood and agreed to the terms of these ToU and the Privacy Policy accessible at dinestapp.com

1.3. Links to third party platforms. The Services may contain links to third party platforms maintained by other content providers. DINEST hereby disclaims any representations and warranties regarding the content or accuracy of materials on such third party platforms.

1.4. Amendments. The terms of these ToU may be amended from time to time and such amendments shall be notified to visitors on DINEST’s website or through the App. By continued access or use of the Services after any amendment of the terms of these ToU, Users agree to be bound by any such amendment.

2. Registration

2.1. Account. Certain Services and sections of the Services require the registration of an account by the Users and the registration of their name, e-mail address, date of birth and residence address (the Account) and to sign-in before they can be used. By registering an Account or using the Services through any other means, Users warrant that they are the age of legal majority, but at least 18 years old, and have unrestricted legal capacity in their country of domicile or residence.

2.2. By registering an Account, you become a registered user (the Registered User) and can upgrade to Business User or Dinest User. All Users are able to consult the food reviews, but only Registered Users can benefit from all the Services provided by DINEST, such as booking a table, ordering food, ordering food to take away, making payments, etc. The Business Users are representatives of restaurants, bars, food trucks, markets and other F&B businesses wishing to edit the content of their business page and to use the Services in relation thereof. The Dinest Users are commercial partners of DINEST wishing to provide content and reviews of restaurants bars, food trucks, markets and other F&B businesses.

2.3. Accuracy. Registered Users warrant that all information provided to DINEST in the registration process or otherwise is true and accurate. Registered Users shall keep such information up to date at any time.

2.4. Confidentiality. Registered Users agree to keep their login and password confidential. Registered Users acknowledge that they are fully responsible for the use that is made of their Account, including any third party use irrespective of whether Registered Users authorized such use or not. Registered Users shall be fully liable for any losses and/or damages that may result from any such use. Registered Users agree to immediately notify DINEST of any unauthorized access or use of their Account or any other breach of security.

2.5. Cancellation of Account. DINEST reserves the right to temporarily or permanently cancel an Account at any time without notice and without any compensation, for any reason whatsoever, without incurring any liability.

3. User Content

3.1. User Content. Subject to Sections 8.2 and 10.3, Business Users and Dinest Users are granted the possibility to post on, transmit through, or link from the Services text, files, images, photos, videos, sounds, or other materials (the User Content).

3.2. License on User Content. Business Users and Dinest Users hereby grant DINEST a worldwide, free of charge, perpetual, irrevocable, transferable, assignable license, with right of sublicense, and any intellectual property rights related thereto, to use the User Content in connection with the Services and in accordance with the Privacy Policy available at dinestapp.com.

3.3. Responsibility. Business Users and Dinest Users understand and agree that all User Content posted on, transmitted through, or linked from the Services, are the sole responsibility of the Business Users or DINEST Users from whom such User Content originates. DINEST has no liability related to the User Content, whether arising under intellectual property laws, libel, privacy, obscenity, or otherwise.

3.4. Restrictions. Business Users and Dinest Users represent and warrant that their User Content: (i) shall not infringe any intellectual property right, or other proprietary right or right of publicity or privacy; (ii) shall not violate any law or regulation; (iii) shall not be defamatory or trade libelous; (iv) shall not be obscene or contain pornography; (v) shall not include incomplete, false or inaccurate information about yourself or any information about any other individual or company; (vi) shall not be inadequate or inadequate language; (vii) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (viii) shall not be contrary to these ToU or any editorial guidelines provided by DINEST.

3.5. No obligations. DINEST reserves the right (but not the obligation) to take any action with respect to the User Content, if DINEST believes that it may create liability for DINEST or may cause DINEST to lose the services of DINEST’ Internet service providers or other suppliers and/or providers.

3.6. No warranties. Unless pre-approved by DINEST, DINEST cannot, nor undertakes any obligation to, control the User Content. By its very nature, the information in the User Content may be changed frequently, may be inaccurate and in some cases may be mislabeled or deceptively labeled. DINEST does not make any representation or warranty, express or implied, as to the accuracy, timeliness, or completeness of such information, nor does DINEST undertake to verify, update or correct such information. DINEST also does not make any representation or warranty, express or implied, regarding any User Content. DINEST reserves the right to adjust, refuse or remove any User Content at our sole discretion, in particular to comply with any applicable law.

3.7. DINEST content. Except if specifically provided otherwise in these ToU, nothing in these ToU, in particular this Section 3, shall prevent DINEST to upload, adapt, modify, amend or delete any content included in the Services and more generally on the DINEST platform.

4. Use of the Services and license

4.1. License. Subject to the Registered Users’ compliance with the terms of these ToU, DINEST grants the Registered Users a non-exclusive, non-transferable, revocable and limited license, without right of sublicense, to use the Services, including without limitation and if available (i) online booking services; (ii) independent delivery services and take away; (iii) online payments services, (iv) online catering services as well as similar services, the list of which may be extended end/or modified from time to time.

4.2. Services provided by third parties. Part of the Services may be provided by third parties and/or require the use of platforms maintained by other content providers in which case the terms and conditions applicable to the provision of such services and/or use of such platforms shall apply to the provision of the Services in addition to the terms of these ToU. The use of such Services may also be subject to the payment of a fee by the Registered User, who may be requested to provide additional data to DINEST and to third parties providing the relevant Services.

4.3. Restrictions. To the extent permitted by applicable law, Users are not allowed to (i) copy, modify or create derivatives of the Services, in particular of the App; (ii) resell, transfer, assign, lease, lend, or license the Services, in particular the App, to third parties; and (iii) deep-link, reverse engineer, disassemble or monitor (e.g. spider, scrape) the Services, in particular the App. Without prejudice to the terms of these ToU, DINESTand/or its licensors reserve all rights on the Services not expressly granted herein.

4.4. No obligations. DINEST shall have no obligation to monitor the use of the Services or to edit, review or modify any content of the Services. DINEST reserves its right to edit, review or modify the content of the Services without prior notice at any time, including without limitation for purposes of compliance with the terms of these ToU or any applicable law. DINEST reserves its right to investigate on any infringement or behavior affecting the Services and to cooperate with competent authorities in case of violation of any applicable law.

4.5. Representations and warranties of the Users. Users represent and warrant that (i) they will not infringe, or cause a third party to infringe, any applicable law or regulation by using the Services; (ii) they will not use their Account and the Services for any unlawful purpose; (iii) they will not infringe any intellectual property right, or other proprietary right or right of publicity or privacy, by using the Services; (iv) they will not include incomplete, false or inaccurate information about themselves or any information about any other individual, company or other legal entity; and (v) their use of the Services shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

5. Intellectual property

5.1. Ownership of DINEST. Without prejudice to Section 5.2, DINEST and its licensors own any copyright and intellectual property rights in and to the Services and on the content published on and/or through the Services, or have acquired an appropriate consent or license from third parties in relation thereto.

5.2. Ownership of the Business Users and the Foodie Users. Without prejudice to Section 3.2, Business Users and Foodie Users or their licensors retain ownership of all rights, title and interest in and to their User Content.

5.3. Infringement. If Users think that the Services or the provision of any content of the Services infringe any copyright or other intellectual property right, Users may at all times contact DINEST at Contact@dinestapp.com and ask DINEST to remove such content from the Services.

6. Privacy and data protection

7. Suspension and termination

Registered Users agree that DINEST may, at DINEST’s sole discretion, suspend or terminate their Account, and/or their access and/or their use to all or part of the Services with or without notice and for any reason, including without limitation, breach of the terms of these ToU. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating their relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, their right to access and/or use the Services will immediately cease, including any license for the use of the Services pursuant to Section 4.1. Subject to applicable law, DINEST reserves the right to remove or delete any information and/or content, in particular the User Content, including any Account or login information.

Specific conditions for business users

8. Business users

8.1. Registration. Business Users shall first register as Registered User and then upgrade to Business Users by providing the information requested during the registration process. Business Users are provided with a login and each Business User is linked to the page of a specific restaurant, bar, food truck, market or other F&B business, either existing prior to the registration of the Business User or created upon successful registration of the Business User.

8.2. Content. Business Users are able to upload and modify the content only with respect to the page relating to the restaurant, bar, food truck, market or other F&B business to which they are linked. However, Business Users cannot modify User Content uploaded by other Users.

8.3. Services. The Business Users can also subscribe for the provision of specific Services to be provided in relation to the restaurant, bar, food truck, market or other F&B business to which they are linked, including without limitation the provision of online booking services; the provision of independent delivery services and take away; the provision of online payments services, as well as similar services, the list of which may be extended end/or modified from time to time. The provision of such Services may require the services of third parties and/or require the use of platforms maintained by other content providers in which case the terms and conditions applicable to the provision of such services and/or use of such platforms shall apply to the provision of the Services on the page of the restaurant, bar, food truck, market or other F&B business to which the Business User is linked, in addition to the terms of this ToU. The provision of such Services on the page of the restaurant, bar, food truck, market or other F&B business to which the Business User is linked may also be subject to the payment of a fee by the Registered User.

General provisions

10. No warranties and liability

10.1. No warranties. Users agree that their access and use of the Services shall be at their sole risk and liability. Users acknowledge that the content of the Services is provided to them “as is” and “as available”, and that to the fullest extent permitted by applicable law, DINEST disclaims all warranties, express or implied, in connection with the Services, including User Content, their access and use thereof.

10.2. No further representations and warranties. Furthermore, DINEST makes no warranties or representations about and bears, unless fraudulent intent or gross negligence, no liability for (i) the accuracy or completeness of the content of the Services, including User Content, such as errors, mistakes, inaccuracies of content, as well as its timely and proper delivery; (ii) limitations to access and use of the Services; (iii) personal injury; or (iv) property damage, of any nature whatsoever resulting from (a) the Users’ access or use of the Services; (b) any unauthorized access or use of any and all data, personal information and/or financial information stored through or on the Services; (c) any interruption or cessation of transmission to or from the Services; (d) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party; (e) any errors or omissions in any content; (f) or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, published, uploaded, linked from, or otherwise made available via the Services.

10.3. No liability. To the extent permitted by applicable law, DINEST waives all liability for any direct, indirect, consequential or special losses or damages of any kind whatsoever, arising from, or in connection with, the access and use of the Services, including authorized or unauthorized third party use of Accounts, or any reliance on any of the content, including User Content, provided on or otherwise in connection with the Services.

11. Indemnification

Users shall defend, hold harmless and indemnify DINEST for any claim, demand, dispute, litigation, damage or loss (including reasonable attorney’s fees) incurred by DINEST arising out of the Users’ access and use of the Services and/or any infringement of the terms of these ToU.

12. Miscellaneous

12.1. Severability. If any provision of these ToU is or becomes invalid, unenforceable or non-binding, this shall not affect any other provision thereof. In such event, such invalid, unenforceable or non-binding provision shall nonetheless be enforced to the fullest extent permitted under applicable law, insofar as the invalid, unenforceable or non-binding provision shall be replaced by a valid, enforceable and binding provision reflecting to the greatest extent possible the intent of the original provision.

12.2. No Waiver. The failure of DINEST to enforce any of the provisions of these ToU or any rights with respect thereto shall in no way be considered as a waiver of such provisions or rights or in any way affect the validity of these ToU. The waiver of any breach of these ToU by DINEST shall not be construed as a waiver of any other prior or subsequent breach.

12.3. No Assignments. Users shall not be permitted to assign any rights created under the terms of these ToU without the prior written consent of DINEST.

13. Contact

If Users have any questions regarding the Services, or the ToU please contact DINESTat contact@dinestapp.com .