Last updated on: 1 January 2024
1.1
These are the terms and conditions (“Terms”) on which Dines App Limited (“Dines”, “we”, “us” or “our”) makes the Dines Mobile Ordering applications, which are usable via a web browser application ("Web App"), or downloadable on the Apple App Store for iOS devices (the “App”), and available to individuals who wish to use the Mobile Ordering app to pay for meals (“Users” or “you”) at hospitality establishments that accept payments via the App (“Venue”), subject to any rules or policies applied by any App Store provider or operator from which the User downloaded the App.
1.2
By downloading the App, Users accept and agree to be bound by these Terms, including our Privacy Policy (www.dines.co.uk/privacy).
1.3
We may modify these Terms at any time. All updated versions will be displayed on this page. Where appropriate, we will notify Users of changes to these Terms either by emailing Users (at the email address entered by them on the App during sign up) or by posting a notice on the App.
2.1
When the following words are used in these Terms, this is what they will mean:
Payment Processor: a PCI DSS compliant payment gateway selected by Dines from time to time, to store, process and transmit a User’s credit or debit card payment data, including Stripe Payments Europe Ltd.
Device: a User’s compatible mobile telephone, smartphone or handheld device, with a Web Browser Application or the App on a compatible iOS device.
Bill: the digital medium through which the Venue communicates to the User(s) the total amount payable to the Venue by a particular group and through which the User(s) can make payments against the total amount.
3.1
To use the App to order items and make payments, the User will be utilising the Payment Processor’s services to provide their credit or debit card details, or use a Mobile Wallet solution, including Apple Pay or Google Pay (the "Payment Method"). If the Payment Methods cannot be verified by the Payment Processor, or are blocked / refused service via the Payment Processor, we reserve the right to refuse the User access to making payments through the App.
3.2
For the avoidance of doubt, Users are able to pay for alcoholic products, as supplied by Venues, through the App. For this reason, it is the Venue’s sole responsibility to ensure that the User that is being supplied the alcoholic products and making payments towards it is of the legally acceptable age to do so under English Law. Dines does not accept any responsibility over the enforcement of said legal requirements for the sale and consumption of alcoholic products, and therefore will not be held liable should a User misrepresent their age to a Venue with a view to paying for alcoholic products through the App illegally.
4.1
Dines will make reasonable efforts to ensure (but does not warrant that) the App is operational 24 hours a day, 7 days a week. Notwithstanding this, Users hereby acknowledge that their use of the App may be interrupted from time to time, for example, when we perform maintenance services or as a result of delays or delivery failures resulting from the use of communications networks and facilities.
4.2
We reserve the right to suspend a User’s access to or use of the App without notice in the event he/she breaches these Terms or if we reasonably suspect he/she has breached the Terms.
4.3
We accept no liability for any interruptions to or suspensions of the User’s use of the App. This does not affect the User’s obligation to pay any outstanding amounts on open Bills (as may be notified to the Users by Dines).
4.4
In the unlikely event that there is any defect with the App, please contact Dines as soon as reasonably possible on care@dines.co.uk. Whilst we do not warrant that the App will be error-free or that we will be able to fix all defects, we will use reasonable endeavours to do so.
5.1
Except as expressly set out in these Terms or as permitted by any local law, the User agrees not to:
5.1.1
copy the App or elements of the App, except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
5.1.2
rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
5.1.3
disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing; or
5.1.4
provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us.
5.2
The User must not:
5.2.1
use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by using fraudulent bank cards, or hacking into or inserting malicious code, including viruses, or harmful data, into the App;
5.2.2
transmit any material that is defamatory, offensive or otherwise objectionable in relation to the User’s use of the App;
5.2.3
use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
5.2.4
collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App; and
5.2.5
abuse the Dines Booking system through sending repeated booking requests which are subsequently cancelled or are not attended. To ensure fair usage of the App, we reserve the right to suspend any account suspected of abusing the Dines Booking system with no prior warning.
6.1
Users acknowledge that any purchases the User makes using the App are the subject of a contract between the User and the Venue.
6.2
For the avoidance of doubt, Dines is not responsible for the accuracy of items listed, their prices, or their availability, and any concerns or queries relating to items should be directed directly towards the Venue.
7.1
Should a User wish to request a refund from a Venue for any payment made towards a Bill, he/she must inform the Venue directly. Within seven (7) days of making the payment in question, the User must get in contact directly with the Venue with full details of his/her payment, including the date and amount, and why they require a refund.
7.2
As per 6.1 above, any payments made by a User through Dines are treated as solely between the User and Venue. Therefore, pursuance of a refund for any reason, such as inadequate or mis-sold services, are solely matters to be dealt with by the User and Venue directly. Dines bears no responsibility and holds no liability for the actions of the Venue when preparing and providing services to Users.
7.3
Dines will not be required to assist in processing any refunds under 7.1 above unless it is verified by the relevant Venue.
7.4
Should a User have mistakenly made a payment for an incorrect amount (“Incorrect Payment”) and the Venue is not willing to approve a refund or is not contactable, with no response to the User’s communication attempts for greater than 14 days, as per 7.1 above, the User can in turn contact Dines to assist in contacting the Venue, but Dines cannot and will not guarantee that a refund will be processed.
7.5
All refunds for payments made through the App will be processed within five to ten (5-10) working days.
7.6
Should a refund be processed very soon after a payment has been made, then this may not appear as a separate refund item on bank statements. Instead, the original charge will be removed from your statement in a few days, as if it never occurred in the first place.
8.1
In consideration of the User agreeing to abide by these Terms, Dines grants the User a non-transferable, non-exclusive licence to download and use the App on the Device for his/her personal use only, subject to compliance with these Terms.
8.2
Users acknowledge that all intellectual property rights in the App anywhere in the world belong to Dines or its licensors, that rights in the App are licensed (not sold) to the Users, and that the Users have no rights in, or to, the App, other than the right to download a copy of the App and use it in accordance with these Terms. Users acknowledge that they have no right to have access to the App in source-code form. Dines reserves all other rights.
9.1
The User acknowledges that the App has not been developed to meet his/her individual requirements, and that it is therefore the User’s responsibility to ensure that the facilities and functions of the App meet the User’s requirements.
9.2
We only provide access to and use of the App for domestic and private use. The User agrees not to use the App for any commercial, business or resale purposes, and we have no liability to the User for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.3
Dines will only be liable to a User for any loss or damage suffered by the User and which is a foreseeable result of our breach of these Terms or our negligence, up to the limit specified below. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by the User and us at the time the User entered into these Terms.
Dines’ maximum aggregate liability under or in connection with this agreement, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to £100.
9.4
Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
10.1
Users acknowledge that they cannot exercise their legal right to cancel their order for the supply of the App (as digital content) if the download process has started upon their request. However, the User is able to immediately uninstall the App from his/her Device if he/she wishes, and in doing so will terminate these Terms.
10.2
We may terminate these Terms immediately by written notice to the User if the User commits a material or persistent breach of these Terms which the User fails to remedy (if remediable) within 14 days after the service of written notice requiring the User to do so.
On termination for any reason, all rights granted to the User under these Terms shall cease and the User must immediately uninstall the App from his/her Devices.
11.1
Users can contact Dines Customer Care by e-mailing us at care@dines.co.uk.
12.1
Users are required to provide Dines with certain pieces of information when placing orders via the App. We will also collect information from all Users relating to their use of the App. Our use of this information is subject to our Privacy Policy, available on www.dines.co.uk/privacy. By using the App, all Users consent to use of that information and warrant that all information provided is accurate.
13.1
Dines may transfer its rights and obligations under these Terms to another organisation, and will always notify the User in writing if this happens, but this will not affect the User’s rights or its obligations under these Terms.
13.2
A User may only transfer their rights or obligations under these Terms to another person if Dines agrees in writing.
13.3
This contract is between the User and Dines. No other person shall have any rights to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
13.4
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5
These Terms, their subject matter, and their formation, are governed by the laws of England and Wales. Users hereby agree that the courts of England and Wales shall have the exclusive jurisdiction to deal with any dispute or claim arising out of or in connection with these Terms or their subject matter or formation