Last updated on: 16 March 2020
1.1
These are the terms and conditions (“Terms”) on which Dines App Limited (“Dines”, “we”, “us” or “our”) makes the Dines application, which is downloadable on iOS and Android (the “App”), and usable via a web browser application ("Web App") with limited functionality, available to individuals who wish to use the app to pay for meals (“Users” or “you”) at food 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, running on the iOS or Android operating systems.
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 make payments, the User must first sign up for a Dines Account (“Account”). The User agrees to provide accurate and up-to-date information at all times, which may include:
3.1.1
first name and last name;
3.1.2
email address; and
3.1.3
valid credit or debit card details.
3.2
Users will be connected to the Payment Processor to complete the sign-up details by providing credit or debit card details. Once the Payment Processor has verified the User’s credit or debit card details, the User’s Account will be activated. If the credit or debit cards cannot be verified by the Payment Processor, we reserve the right to refuse the User access to making payments through the App.
3.3
Users can import the relevant information in 3.1.1 and 3.1.2 above from an existing third party social media or email account, such as Facebook or Google’s Gmail. Users consent to our collection and use of their personal information, including profile photographs, if they follow this course of action.
3.4
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
Users may choose to pay through the App, and therefore ask the Venue to prepare for the User(s) a Bill, in which the User(s) can access through the App and make payments towards. Dines is not responsible for ensuring the accuracy of the Bill. Any queries or issues with the total of the Bill should be directed to the Venue. Our obligation is only to facilitate the payment of the amount shown on the Bill.
6.3
All Users can use the App to make payments, either in full or in part, towards a Bill. It is the responsibility of the Users, that have chosen the access the respective Bill, to ensure that the full amount is settled. A Venue will not close a Bill until it has been settled in full.
6.4
The amount of discount stated on the App for a particular Venue (the “Dines Deal”) only applies to food items that can be ordered individually on the Venue’s menu, exclusive of any set menu offers, meal deals, or other equivalent promotions offered by the Venue, unless explicitly stated in the Venue’s description on the App.
6.5
The Dines Deal as shown on the app, available on a per day basis, is chosen and set 7 days in advance, solely at the discretion of the Venue. We reserve the right to change Dines Deal amounts immediately at any time, although we will aim to give 7 days’ notice.
6.6
For the avoidance of doubt, A Dines Deal on any particular day will be valid from 4:00am until 3:59am the following day.
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. We take no responsibility and hold no liability for the actions of the Venue when preparing and providing services to Users.
7.3
Dines will not process a refund 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, as per 7.1 above, the User can in turn contact Dines directly to pursue the refund.
7.5
No later than fourteen (14) days of making the Incorrect Payment in question, the User must email Dines on care@dines.co.uk, and provide at least the following pieces of information:
7.5.1
the User’s email address linked to their Account;
7.5.2
the name of the Venue;
7.5.3
the date of the payment, and the amount paid; and
7.5.4
further information relevant to the Incorrect Payment, such as the correct amount the user intended to pay, and details of the subsequent actions and/or payments undertaken by the user after realising that an Incorrect Payment has been made.
7.6
Dines, at its sole discretion, may then choose to investigate the circumstances of the Incorrect Payment, the reasons behind why a Venue chose to refuse the refund request or is unavailable to contact, and will then respond to the User via email with a decision to either approve and process the refund request, or reject the request and provide details of the grounds on which the request has been rejected.
7.7
Any decision made by Dines under 7.6 are final, and do not affect a User’s statutory rights.
7.8
A refund request made under 7.4 above received outside of the fourteen (14) day period will not be accepted unless there are exceptional circumstances as determined by Dines in its sole discretion. Dines reserves the right to refuse any refund request that it is not able to verify.
7.9
All refunds for payments made through the App will be processed within five to ten (5-10) working days.
8.1
Dines Cashback ("Cashback") is the marketing name provided to a credit based redemption system, whereby credit may be earned by Users to then subsequently be used on payments made through the App. When a User has earned a Cashback balance of greater than £0.01, this Cashback value can be applied at the point of payment to reduce the overall cost of the bill when paying through the Dines app by the amount of the Cashback balance. The use of any available Cashback is subject to a minimum spend on the total bill, which is set at £7.00, and is subject to change from time to time.
8.2
A User can earn Cashback on their spend at the percentage rate displayed at the time of the bill being paid at the Partner Venue. The spend is classes as what is paid via a User’s linked debit or credit card, their Apple Pay token or their Google Pay token, towards food and drinks items, or any mandatory service charge, as displayed, on their contribution towards paying a Bill. Dines Cashback will not be earned for any payments made towards voluntary gratuity or tips. The maximum amount of Cashback a User can have in their balance is £250. Once this number has been reached, the User will not earn any further Cashback, until they reduce the balance to a value lower than the £250 through valid payments being made with Cashback applied.
8.3
Dines Cashback will be earned immediately to the paying User’s Account balance upon completion of the relevant payment only, and therefore cannot be transferred from one User’s Account to another Account.
8.4
Should a User’s payment be refunded, any Dines Cashback earned for said payment will also be immediately deducted from the User’s Account balance. For the avoidance of doubt, the User’s payment will be refunded to their issuing card balance within 5-10 working days, as per 7.9 above.
8.5
Dines may also, in its sole discretion, add further Dines Cashback to a User’s Account. Should we suspect any fraudulent activity or breach of these Terms by a User with a view to obtaining additional Dines Cashback outside of the usual parameters in which Dines Cashback is appropriately earned, we may also remove Dines Cashback from a User’s Account, suspend said Account, and correct any payment values to the accurate amounts that should have been paid, whilst investigations are undertaken.
8.6
A User may choose to use their Dines Cashback only at the point of payment. He/she is under no obligation to use any available amount of Dines Cashback when making a payment, and may choose to continue to earn Dines Cashback instead of using it towards a bill by tapping 'Save for later' via the menu shown in the App.
8.7
If the value of the User’s elected payment amount towards a Bill is greater than the value of the available Cashback the User wishes the use, the remaining amount shall be debited from the User’s linked debit or credit card, alongside any gratuity the User may wish to voluntarily add to their payment amount. For the avoidance of doubt, a User can only use Cashback for contributions made towards food and drinks items, and mandatory service charges, and cannot use Cashback to contribute towards voluntary gratuity or tips.
8.8
Dines Cashback balances will expire without notice if a User deletes his/her account, or is not used within 12 months. Dines Cashback which has expired becomes void and may not be used.
8.9
Dines Cashback has no cash value and cannot be exchanged for cash. For the avoidance of doubt, Cashback can only be used when paying for bills via the Dines App.
8.10
If a User has a complaint relating to the amount of Dines Cashback earned or not earned on his/her account, the User must inform Dines as soon as possible and provide us with all information relating to the matter. Provided that we issue the correct amount of Dines Cashback to a User’s account within a reasonable period of time after receiving a complaint and accepting the User’s claim, we shall have no further liability to the User.
8.11
Dines Cashback which is either erroneously applied to a User’s Account balance or issued in respect of an Incorrect Payment which is later refunded to the User, will be deducted from that User’s Account without notice or liability.
8.12
Dines reserves the right to terminate the Cashback system at any time without notice. The Cashback system will also be deemed invalid and obselete should Partner Venues no longer opt in to accept Cashback or offer Cashback earnings through the Dines app. For the avoidance of doubt, any Cashback accrued by a user will become invalid and hold no monetary value shoudl the Cashback system be terminated/invalid.
9.1
Users can earn additional Dines Cashback through a referral scheme (“Referrals”) that is made available, from time to time, within the App.
9.2 To take part, a User must share their unique referral code, as displayed within the ‘Profile’ section of the App, with a peer or relative (aged 16 or over) to use when prompted during the sign-up process for a new Dines Account. A user cannot possess more than one active Dines Account, and therefore it is not permitted for any individual to create multiple Dines Accounts to be used by the same individual, with a view to manipulating and abusing the referral scheme for monetary gain.
9.3
Upon successfully applying a referral-code, the new User will immediately be rewarded with a value of Cashback, as chosen by Dines, from time to time. The amount of Cashback that can be claimed upon using a referral code will be clearly displayed throughout the Dines App under the 'Profile' tab. Upon completion of the first payment as a new User, the Account that is linked to the unique referral code will then also be awarded the same amount of Dines Cashback.
9.4 There is a maximum limit to the number of new Users that can be referred by a particular user, which is currently set at 30 referrals, and Dines reserves the right to adjust this upper limit at any time. Furthermore, Dines reserves the right to remove the Referral Scheme at any time. Any unique referral codes shared with peers or relatives (aged 16 or over) but not yet redeemed before we revoke the promotion, will no longer be usable by new Users.
9.5 Any attempt to manipulate the system and use of Dines Cashback by use of bulk entry via third parties or syndicates, macros, ‘script’, ‘brute force’, masking identity by manipulating IP addresses, using identities other than their own or any other automated means (including systems which can be programmed to enter), will render the Dines Cashback invalid and may potentially lead to all Accounts affiliated with said activity to be permanently closed down. Any payments made using Cashback obtained inappropriately will be adjusted where possible and payments will be corrected.
9.6 Dines reserves the right, where necessary, to undertake all such action as is reasonable to protect itself against fraudulent or invalid Referrals including, without limitation, to require further verification as to the identity, age, and other relevant details of a customer, and to charge the stored payment card for the User should they have inappropriately availed of Dines Cashback by abusing the Referral Scheme by the amount of Cashback that has been accrued and spent through the app in breach of these Terms & Conditions.
9.7
By using Dines Cashback, Users agree to release Dines from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Referral scheme.
9.8
Unique referral codes should only be used for personal and non-commercial purposes. This means that User can share Unique referral codes with personal connections via social media where he/she is the primary content owner. Public distribution on sites where he/she is merely a contributor but not the primary content owner (e.g., Wikipedia, coupon websites) is not allowed and any Cashback obtained through these means will be removed from the User's balance.
10.1
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.
10.2
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.
11.1
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.
11.2
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.
11.3
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.
11.4
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.
12.1
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.
12.2
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.
13.1
Users can contact Dines by e-mailing us at care@dines.co.uk or by writing to us at Dines App Limited, 3Space, Keeton’s and Collett, Keeton’s Rd, London, SE16 4EE. Should we need to contact Users at any time, we will do so by e-mail to the email addresses provided during the sign-up process.
14.1
Users are required to provide Dines with certain pieces of information when signing up, as set out in 3.1 above. 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.
14.2
Users may be offered the option to link one or more social networking profiles to the User’s Account. Where the User chooses to do so, for the avoidance of doubt, Dines will not post any updates on the User’s behalf on social networks, without the User’s express permission.
15.1
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.
15.2
A User may only transfer their rights or obligations under these Terms to another person if Dines agrees in writing.
15.3
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.
15.4
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.
15.5
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