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Terms and conditions

Updated, June 30, 2018

These Terms of Service (the "Terms") govern your access to and use of the Dining Hour website and mobile application (“Site"). By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with Dining Hour Inc., a Delaware Corporation (Dining Hour).

If you do not agree to any of the Terms, you may not access the Site or use any content, features, and services (the “Services”) made available by Dining Hour. By accessing and using the Site and Services, you represent and warrant that you have the right, authority and capacity to enter into this Contract and abide by the Terms mentioned below, are legally entitled to enter into this Contract, and not prohibited by law from accessing or using the Site or Services, whether or not you are a registered user of the Services.

1. Introduction

Dining Hour Website and Mobile Application aim at enabling diners to find and book the perfect table at discounted price every time they dine by providing them information about various discount offers available at different restaurants at different times and giving them a hassle free facility of making and managing table reservations at the restaurant of their choice by using various functions, features and filters available on the Site.

2. Definitions

Parties : "You" and "your" refer to you, as a user of the Site. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. "We" , "us" , "our", “Dining Hour” and “Company” refer to Dining Hour Inc.
Content : Content means and includes text, images, photos, audio, video, location data, and all other forms of data or communication available on the Site. "Your Content / User Content" means Content that you submit or transmit to or in connection with the Site, such as ratings, reviews, messages, and information that you publicly display or is displayed in your account profile. "Dining Hour Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than Dining Hour or its users, which is made available in connection with the Site. "Site Content" means all the Content that is made available in connection with the Site, including Your/User Content, Dining Hour Content and Third Party Content.

3. Using the App 3.1 Eligibility

You must be of the age of 18 years or more to access or use the Site. You must have the capacity and authority and to enter into these Terms. Also, you should not have been banned by us from getting any services of this Site previously for any appropriate reason. You are permitted to use this application subject to the terms, conditions and restrictions mentioned in these terms.

3.2 Access

User may access and use the Site by creating an account with the site or by registering as a Guest User.

  • As a Guest User, you can simply start browsing restaurants available and displayed on Site based on location, cuisine, special interest dietary preference and select the one which meets your criteria. The discount offers by the Restaurants are clearly mentioned for different times of the day and the week. User can choose the time and click on ‘Book’ to reserve a table at the Restaurant.
  • If you choose to create an account with the Site, You are responsible for maintaining the security of your account. You are also solely responsible for all the activities that occur in your account or in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
  • When creating an Account, you agree to provide true, accurate, current, and complete data about yourself (“Account Information”). You also agree to promptly update your Account Information to keep it true, accurate, current, and complete if any of your information changes. Each user may only have one Account with Dining Hour. Signing up for multiple Accounts and/or your failure to maintain accurate, complete, and up-to-date Account information, may result in, without limitation, your inability to access and use the Services, for which Dining Hour will have no liability. You are solely responsible for maintaining the confidentiality of your Account and your Account Information, and, except as otherwise required by applicable laws, you are solely responsible for all use of your Account, whether or not authorized by you. Dining Hour will not be liable for any loss that you may incur as a result of someone else using your password or account or any other Account Information.
  • If Dining Hour reasonably believes that any account and/or Password is being misused in any manner, Dining Hour shall have the right to cancel access rights of such Account immediately without notice, and block access to all users from that IP address.
4. Reservation Policy 4.1 Restaurant Table Reservation Service

Dining Hour provides to its users the services of making reservation for tables at the third party restaurants giving various discount offers at different times through the Site. When you request a reservation at a Restaurant, the reservation is not confirmed until you receive a confirmation on or through the Services. Once confirmed, you agree to honor the reservation by arriving at the Restaurant on time and by paying for the meal. You also agree not to book more than one reservation for your personal use during any one meal time and agree that you will not resell or attempt to resell any reservations made through the Services.

4.2 Changes and Cancellation of Reservation

For editing or cancelling the reservation user can simply click on reservations, go to upcoming reservations, select the reservation and then click on edit / cancel the reservation button, as the case may be. User can click on edit for changing the dates of reservation and click on cancel for cancelling the reservation. In case of changing the reservation, the booking will be subject to the availability of table for the day or time to which the User wants to change their booking.

4.3 Not showing up at the restaurant without cancelling

Dining Hour firmly believes that the User must honour the booking once made. If you cannot honour the booking due to some reason, you must cancel the reservation as that will help someone else avail the respective discount offer. If you book, do not cancel and then you do not turn up either, we will take it as a mischief. If it happens more than three times, we may suspend your account and/or blacklist you from the Site. Other than this, any kind of dispute that you may have with the Restaurant relating to your absence from the restaurant after making reservation will be a matter solely between you and the restaurant authority. We will not have any responsibility or liability whatsoever in such dispute.

4.4 Late arrival

We expect your timely arrival at the restaurants for which you have made reservations. In case if you cannot reach there according to your reserved time, it is your duty to inform the Restaurant about such delay for their convenience in adjusting your booking. We shall not be responsible to you or the Restaurant for any consequences of such delay. The matter of late-arrival and its effect on services by them will be a matter solely to be dealt by and between you and the Restaurant.

4.5 Limited Liability of Dining Hour

Once your Reservation is confirmed, it is the sole responsibility of Restaurant to honour your reservation. Dining Hour is only a platform connecting you with the Restaurant. Dining Hour shall not be liable in any manner whatsoever for any acts or omissions on part of the Restaurant including but not limited to unavailability of table, deficiency in service, quality of food, any mistake or deceit in billing calculation, misconduct of any official or employee at the Restaurant, denial to entertain late arrival etc. Restaurants are responsible for providing and updating accurate information regarding discount offers, related schemes, days and timing of offers through Dining Hour. Failure of restaurants to maintain accuracy, provide, update or honour Offers listed on Dining Hour is not the responsibility of Dining Hour and Dining Hour will be in no manner liable for any loss, harm, inconvenience suffered by you due to such failure of the Restaurant.

5. Purpose of Use

We grant every user right to use the content available on the Site subject to these Terms of Service. You may not use the content or services provided by Dining Hour or available on Site for any purpose that is unlawful or prohibited by the Terms of Service. The Services and Dining Hour Content are offered solely for User’s personal use for the purposes described in the Terms.

Prohibited Activities

You agree that you shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that

  • belongs to another person and to which you do not have any right to;
  • is harmful, abusive, defamatory, obscene, invasive of another's privacy, hateful, or racially, ethnically or religiously objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
  • infringes any Intellectual Property or other proprietary rights of any person or entity;
  • interrupts any other person’s use of the Site;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is offensive or unlawful in nature;
  • contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
You agree not to (and not to allow, encourage or enable any third party to)
  • take any action that may impose an unreasonable load on the Services or Dining Hour’s infrastructure;
  • utilize any device, software, or method that will interfere or attempt to interfere with the functionality of the Services;
  • promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes;
  • send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site's search results or any third party website;
  • rent, lease, copy, provide access to or sublicense any portion of the Services or Dining Hour Content to a third party;
  • reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable laws;
  • collect or attempt to collect personally identifiable information of any person or entity without their express written consent;
  • copy, modify or remove any Services or Content or create any derivative product from any of the foregoing;
  • remove or obscure anything contained in the Services or Content;
  • use the Services or Content for any illegal purpose or unauthorised use or in violation of the Terms or any applicable law;
  • use the Services for a purpose and in a manner that may interfere with any other party's use and enjoyment of any Services;
  • attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means.
6. User Data Privacy

Dining Hour may, with your consent, need your personal information including but not limited to name, user name, password, contact number, name, choice of food, location etc for the purpose of carrying out its functions. The data is used by us only to provide services requested by you, resolve disputes; troubleshoot problems thereto, promote services and measure consumer interest in our services, customize your experience; detect and protect us against error fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection and for no other purposes. We may occasionally ask you to engage in factual or interest based surveys. These surveys may ask you for more information around your interest and demographic information (like movies of choice, or preferred cuisines). The data so collected through surveys is solely to enhance your experience in the usage of our Services.

Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to

  • take action regarding suspected illegal activities;
  • enforce or apply our Terms and Privacy Policy;
  • comply with legal process or other government inquiry;
  • protect our rights, reputation, and property, or that of our users, affiliates, or the public.

Dining Hour is committed to helping you safeguard your privacy online. Please review our privacy policy for details about how we collect, use, and disclose information in connection with the Services. You represent that you have read and understood our Privacy Policy and agree to the collection, use, storage and processing of your personal information by us subject to the restrictions under applicable laws and the privacy policy.

7. Termination of Account

Dining Hour expressly reserves all its rights and remedies under applicable laws including the right, in its sole discretion, to refuse or restrict service, terminate your account/ part of your account, terminate/suspend your access to the services or the Site, terminate this agreement, refuse/remove any content available on the Site, remove or edit content, cancel reservations, or deny access to the Services when it seems to be appropriate, with or without any prior notice of violation of terms of use.

8. Intellectual Property Rights

The content on the Site including but not limited to text, graphics, photographs, software, features, material, video and audio content and the like, unless otherwise stated, is subject to intellectual property rights of Dining Hour under applicable laws. You must not repost, republish, reproduce or copy any of the content without express written prior permission of Dining hour. You must also not sell or distribute content to third parties, prepare derivative works or otherwise exploit the content. Any act on your part doing the acts prohibited by this clause will amount to infringement of our Intellectual Property Rights.

Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the Dining Hour Content by User shall constitute a material breach of this Agreement. Dining Hour retains all rights in the Services and Dining Hour Content and any associated patents, trademarks, copyrights, trade secrets, or other intellectual property rights. No license, right, or interest in any Trademark or Intellectual Property of Dining Hour or any third party is granted under these Terms.

9. Extracting data from website/App database

The framing, scraping, data-mining extraction or collection of any data including the reviews, feedback, comments by the Users from the Site (also includes Mobile Application) in any form and by any means with or without the use of any automated system or software to extract data including but not limited to, robots, spiders, scrapers or harvesting bots is strictly prohibited unless there is a directly concluded written license agreement with us which permits you to have access on such data. You may only use or reproduce data on our website/App for your personal and non-commercial use. Also, you may not mirror any material contained in the database of our Site.

10. DMCA

If you believe that material located on or linked to by Dining Hour violates your copyright, you are encouraged to notify Dining Hour on [email protected] in accordance with the Digital Millennium Copyright Act (“DMCA”). Dining Hour will respond to all such notices, including if required or appropriate by removing the infringing material or disabling all links to the infringing material.

11. Third Party Links

The Site may have links that lead to third party websites or applications (“Third Party Site”). These links are put for the purpose of providing requested services only. We do not control or endorse any Third Party Site. We do not verify the content or products of the third party sites. Relying on content and services of the third party sites or using them will be on your own risk. You agree that we are not responsible for the availability or contents of such Third Party Sites.

12. Content:
  • You may be authorized to post content on our Site including but not limited to user information, feedback, reviews, rating, and comments. No such content posted by you should be written intentionally to mislead public or to defame anyone. Such content should not be written and posted in inappropriate language or with inappropriate User ID.
  • You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Dining Hour. You may expose yourself to liability if, for example, Your Content contains material that is false, misleading, or defamatory; violates any third-party right; contains material that is unlawful; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
  • We have a right to monitor, edit, modify or remove in our sole discretion, any User Content for any justifiable reason including but not limited to content being inappropriate, incorrect, misleading, abusive, unlawful or due to receipt of any sort of claim on or relating to the content.
  • Subject to the provision laid down in the Privacy Policy and these Terms, by submitting the User Content in form of feedback, reviews, comments, you give us consent to have worldwide, royalty-free, non-exclusive, perpetual and transferable license to copy, redistribute, use and otherwise fully exploit the content. If you do not wish us to have the above rights, you may let us know on the contact details provided in the Provacy Policy.
13. Approval to send Marketing Material

Dining Hour may wish to and require to send to you marketing and promotional material for the App and also the marketing and promotional material supplied by the Restaurant for circulation among consumers. However, in accordance with the provisions of the Privacy Policy, We will take your approval before sending you emails, texts or physical material related to marketing and promotional activities as described above.

14. Indemnification

You agree to defend, indemnify and hold harmless Dining Hour, its parents, subsidiaries, affiliates, associated companies and the respective directors, employees, contractors, suppliers partners, agents and representatives from all liabilities, claims, damages, losses, expenses , actions including without limitation attorneys’ fees arising from or relating to

  • your access to or use of the Site, Services and Content
  • User Content provided or used by you
  • your violation of the Terms
  • any products or services purchased or obtained by you in connection with the Site, or
  • the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Dining Hour reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Dining Hour. Dining Hour will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
15. Limitation of Liability

Any transactions relating to booking of table or reservations or services not directly offered by Dining Hour are to be settled inter-se between the parties to such transaction and all warranties express or implied of any kind, regarding any matter pertaining thereto, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed by Dining Hour. Dining Hour merely endeavours to provide a platform where you and other party may exchange information and carry out a reservation on such basis. Dining Hour makes no claim or representation with respect to any third party, such as the businesses or advertisers listed on the site or the site's users. Accordingly, the Dining Hour entities are not liable to you for any loss or damage that might arise from their actions or omissions, including, for example, if another user or business misuses your content, identity or personal information, or if you have a negative experience with one of the businesses or advertisers listed or featured on the site. Your purchase and use of products or services offered by third parties through the site is at your own discretion and risk. Dining Hour shall not be liable for any loss or inconvenience suffered by you while making bookings with the restaurants, denial of discounts by restaurants, denial of services or poor services by the restaurants. Also, we are not responsible for any content available on our Site except for the content created by us to provide you the services for the purpose of the App. Dining Hour will not be responsible for any derogatory, threatening, defamatory, immoral, obscene, unlawful, incorrect, inaccurate, incomplete or offensive content sent using and/or included on Dining Hour’s site or Services by any third party.

16. Disclaimer of Warranty

We take care about your needs but we guarantee uninterrupted and error-free services. We will make all reasonable efforts to make and keep the Site accurately available and accessible for you all the time. However, we shall not be responsible for any trouble faced by you in using the Site due to circumstances out of our control. The services, products, information and materials contained in or accessed through this Site are provided on ‘as is’ basis without any kind of warranty. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. We disclaim all the warranties of any kind, express or implied, including without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We also disclaim all the warranties for the quality and availability of services and the discount by the restaurant you choose via our Site and Services.

17. General Representation and Warranties

You represent and warrant that

  • your use of the Site will be in strict accordance with the Terms, Dining Hour’s Privacy Policy, and all applicable laws and regulations and
  • your use of the Site will not infringe or misappropriate the intellectual property rights or any other proprietary right of any third party.

18. Governing Law and Jurisdiction

These terms of services shall be governed by and construes in accordance with the laws of the State of _______. Any dispute arising out of subject matter of these terms shall be governed by the competent courts of State of ______.

19. Modification or Amendment in Terms

We may, from time to time, in our sole discretion, with or without notice amend, update or modify these terms at our sole discretion. Such amendments, updates or modifications will be effective when published on or through the Services or Site. It is your sole responsibility to check and review these terms regularly. Your continued access or use of the Site after any such modifications or amendments shall indicate your acceptance to continue to be bound by the Terms as modified or amended.

20. Modification in Services

Dining Hour reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Site or Application, including with respect to participating Restaurants. Dining Hour shall have no liability to you for any of the foregoing actions. If you object to any such changes or modifications, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with the Services

21. Severability

If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

22. Force Majeure

We shall not be liable for any failure to perform obligations hereunder due to any cause beyond our reasonable control including but not limited to mechanical, electronic or communications failure, degradation, natural calamity, civil disturbance or any other unforeseeable act that cannot be prevented by the reasonable efforts of Dining Hour.

23. Assignment

These Terms are not assignable, transferable or sub-licensable except with our prior written consent. We hold right to assign, transfer, sub-license or delegate any of the rights and obligations hereunder without consent.

24. No Agency

These terms of service do not create any partnership, agency, joint venture or employer-employee relationship and neither party has any authority to bind the other party in any respect.

25. No Waiver

Any failure on Dining Hour's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of Dining Hour to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.