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DineWight Terms of Use

Updated on 11th October, 2021.

Introduction

These DineWight Terms of Use (this “Agreement”, referred to also as “Terms of Use” and “Terms”) apply to your access or use of the DineWight websites, mobile sites, and applications (collectively the “DineWight Sites”) and the content, features, and services (the “Service”) made available by DineWight. The DineWight app is referred to as the “App”).

In this Agreement “DineWight”, “we” and “us” mean DineMe Limited of 20-22 Wenlock Road, London, England, N1 7GU, the company that is providing the Service to you, and with whom you are entering into this Agreement. The terms “User” and “you” mean any user of the Service.

By accessing or using the Service or by clicking “accept” or “agree” to this Agreement, you acknowledge that you have read, understand, and agree to be bound by this Agreement, and you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Service.

Changes to Terms of Use

DineWight reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without notice provided such changes are only made either to reflect changes in the law or minor operational changes, in either case where your rights are not materially affected.

We will notify you of any other changes the next time you log into the App. Where you have an account with us but have not downloaded the App, we will give you at least 30 days’ notice of any other change by sending you an email and/or SMS with details of the change or notifying you of a change when you next start the DineWight Sites.

If you do not accept the notified changes you will not be able to continue to use the DineWight Sites and the Service.

Your Privacy

Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you read that information.

Your Account

If you choose to, you may set up an account on the DineWight Sites. If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures when setting up an account or otherwise using the DineWight Sites, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at Support@DineWight.co.uk.

Communications from DineWight

If you use the DineWight Sites and Services, we may communicate with you via electronic messages, including email, text message (SMS), or mobile push notifications in accordance with our Privacy Policy.

Technical Requirements

Use of the Service requires internet access through your computer or mobile device. You are responsible for all mobile network data charges resulting from your use of the Service. DineWight does not guarantee that the Service will be compatible with all devices and operating systems or will be supported by all mobile networks.

Updates to DineWight Sites and Service

From time to time, we may automatically update the DineWight Sites and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the DineWight Sites (for instance if you have downloaded the App) for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the DineWight Sites and the Service.

We will not make any changes that will materially adversely reduce the functionality of the Service without giving you notice.

Intellectual Property Rights

All intellectual property rights in the DineWight Sites, the Documentation and the Service throughout the world belong to us (or our licensors) and the rights in the DineWight Sites and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the DineWight Sites, the Documentation, or the Service other than the right to use them in accordance with these Terms.

You may print off one copy, and may download extracts, of any page(s) from the DineWight Sites or Service for your personal use and you may draw the attention of others within your organisation (if relevant) to content posted on our DineWight Sites.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on the DineWight Sites or Service must always be acknowledged.

You must not use any part of the content on the DineWight Sites for commercial purposes without obtaining a licence to do so from us or our licensors (including distributing said content through another service).

If you print off, copy, or download any part of the DineWight Sites in breach of these Terms, your right to use the DineWight Sites and Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

License to use the DineWight Sites and Service

We license you to use:

  • the DineWight Sites and any updates or supplements to them.
  • any related electronic documentation made available with the DineWight Sites (Documentation).
  • the Service,

as permitted in these Terms.

Licence Restrictions

You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the DineWight Sites or the Service in any form, in whole or in part to any person without prior written consent from us;
  • not copy the DineWight Sites, Documentation or Service, except as part of the normal use of the DineWight Sites or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the DineWight Sites, Documentation or Service nor permit the DineWight Sites or the Service or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the DineWight Sites and the Service on devices as permitted in these Terms of Use;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the DineWight Sites or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the DineWight Sites to obtain the information necessary to create an independent program that can be operated with the DineWight Sites or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
  • is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
  • is not used to create any software that is substantially similar in its expression to the DineWight Sites;
  • is kept secure; and
  • is used only for the Permitted Objective;
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the DineWight Sites or any Service.

Use Restrictions

You must:

  • not use the DineWight Sites or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the DineWight Sites, any Service or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the DineWight Sites or any Service, including by the submission of any material (to the extent that such use is not licensed by these Terms);
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the DineWight Sites or any Service;
  • not use the DineWight Sites or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

Our Responsibility

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The DineWight Sites is for domestic and private use. If you use the DineWight Sites for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the DineWight Sites and the Service. The DineWight Sites and the Service are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You should not rely on any dietary advice or suggestions made on the DineWight Sites, and you should always make your own enquiries regarding any dietary requirements you have with businesses featured on the DineWight Sites before placing an order or reserving a table with them. We cannot be held responsible if you become ill after visiting any of the businesses on the DineWight Sites. Although we make reasonable efforts to update the information provided by the DineWight Sites and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete, or up to date. The information we include on the DineWight Sites about the businesses featured and their menus is taken from the information made publicly available by those businesses.

Check that the DineWight Sites and the Service are suitable for you. The DineWight Sites and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the DineWight Sites and the Service (as described on the app store site if you are downloading the App, and in the Documentation generally) meet your requirements.

We are not responsible for events outside our control. If our provision of the Service or support for the DineWight Sites or the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end your contract with us and/or delete your account with the DineWight Sites and delete the App.

Your Content

Whenever you make use of a feature that allows you to upload content to the DineWight Sites, or you make contact with businesses featured on the DineWight Sites, you must comply with the standards set out in these Terms of Use, including the Content Standards set out below.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to the DineWight Sites will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the DineWight Sites a limited licence to display such content on the DineWight Sites, use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the DineWight Sites constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting or upload you make on the DineWight Sites if, in our opinion, your post does not comply with the Content Standards set out below.

Content Standards

These content standards (Content Standards) apply to any and all material which you contribute to the DineWight Sites (Contribution).

A Contribution must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

  • Be defamatory of any person or business.
  • Be obscene, offensive, hateful, or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any copyright, database right or trademark of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be in contempt of court.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience, or needless anxiety.
  • Be likely to bully, intimidate, humiliate, harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person.
  • Give the impression that the Contribution emanates from DineWight if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation, or instigation of acts of terrorism.
  • Contain any advertising or promote any services or web links to other sites.

User-Generated Content

The DineWight Sites and Service may include information and materials uploaded by other users of the DineWight Sites and Service, including reviews and comments relating to different business featured on the DineWight Sites and Service. This information and these materials have not been verified or approved by us. The views expressed by other users on the DineWight Sites and Service do not represent our views or values. We do not have any obligation to oversee, monitor or moderate any content uploaded to the DineWight Sites, or facility to post content on the DineWight Sites.

If you wish to complain about information and materials uploaded by other users, please contact us on Support@DineWight.co.uk.

Third Party Websites, Apps and Services

The DineWight Sites or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their terms and conditions and/or privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

The independent sites referred to include those sites advertised or linked to by advertisements and content on the DineWight Sites. These sites and the businesses behind them are not endorsed by us. We have not verified the accuracy or ownership of any of the content contained in such advertisements or the sites they link to, and are not liable for the same.

If you click away from the DineWight Sites to any of these sites, you do so at your own risk, and we are not responsible or liable for any action you take once you have left the DineWight Sites. If you take any action after visiting such third party sites that results in damage being caused to the DineWight Sites or those third party sites, we may in our sole discretion deactivate your account and block your access to the DineWight Sites and Service.

Additional Terms

Apple App Store and Google Play’s terms also apply.

The ways in which you can use the DineWight Sites and Documentation may also be controlled by the Apple App Store and Google Play’s rules and policies and Apple App Store and Google Play’s rules and policies will apply instead of these Terms where there are differences between the two.

DineWight Sites Usage and Devices

In return for your agreeing to comply with these Terms, you may:

  • download the App onto your devices and view, use and display the DineWight Sites and the Service on your devices for your personal purposes only.
  • use any Documentation to support your permitted use of the DineWight Sites and the Service.
  • receive and use any free supplementary software code or update of the DineWight Sites incorporating “patches” and corrections of errors as we may provide to you.

Non-Transferrable Service Rights

We are giving you personally the right to use the DineWight Sites and the Service as set out in these Terms of Use. You may not transfer the DineWight Sites or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

Account Usage on Third Party Device

You should only use your account to access the Services on a device that you own or are solely responsible for at the time of use. If you cease to be the owner or be responsible before said device, you shall sign out of your account.

If you download or stream the DineWight Sites onto any phone or other device not owned by you, you will be responsible for complying with these Terms, whether or not you own the phone or other device.

Termination of Right to use the Service

If you have broken these Terms in a serious way, we may end your rights to use the DineWight Sites and Services at any time by contacting you. If what you have done can be put right, we will give you a reasonable opportunity to do so.

If we end your rights to use the DineWight Sites and Service:

  • You must stop all activities authorised by these Terms, including your use of the DineWight Sites and any Service.
  • You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
  • We may remotely access your devices and remove the App from them and cease providing you with access to the Service.
  • Your account will be deleted, including any associated information or data.

In any event, we do not guarantee that the DineWight Sites, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the DineWight Sites for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

Termination of Agreement

You may end this Agreement at any time by deleting your account with us by contacting Support@DineWight.co.uk. If you simply delete the App from your device, your account will stay in existence until you delete it, and you will still be bound by this Agreement if you use any of the DineWight Sites or Service.

Service Availability

DineWight may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability.

Transfer of Agreement to Another Legal Entity

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

Third Party Rights

This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

Get Support and Report Problems

Contacting us (including with complaints). If you think the DineWight Sites or the Service are faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at Support@DineWight.co.uk.

How we will communicate with you. If we have to contact you, we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.

Court Intervention

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.

Delayed Enforcement

Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Use, or if we delay in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Law

These Terms of Use are governed by English law, and you can bring legal proceedings in respect of the DineWight Sites and Service in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the DineWight Sites and Service in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Sites and Service in either the Northern Irish or the English courts.

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