FR EN

Terms of Service

Last revised: February 28, 2016

1. Welcome to DINR!

Please read these terms of service carefully.

By using the DINR application (the “App”) and the restaurant reservation services (together with App and all its Content (defined below), the “Services”) offered by DINR Inc. (together with its affiliates, representatives, consultants, partners, employees, officers and directors – collectively, “DINR”, “we”, “us”, or “our”) you’re agreeing to comply and be bound to these terms of service (“Terms”).

You’re also agreeing to read our Privacy Policy to understand how we collect, use and disclose your personally identifiable information.

If you don’t agree to these Terms, please don’t use our Services.

Take note that these Terms don’t alter in any way the particular terms, conditions or policies of any other agreement you may have with any participating restaurants.

If you have any questions, please email us at help@getdinr.com.

2. How DINR Works

DINR is a restaurant reservation service provided by DINR and is available in both French and English.

The Services allow participating restaurants to post, edit and remove restaurant availabilities. You can search, browse and reserve these availabilities through the App. All reservations are referred to as “Reservations” and are guaranteed reservations because you provided DINR with your credit card information upon the creation of your account.

DINR will authorize a $1.00 charge on your card to guarantee your reservation. The authorization will be released once you've arrived at the restaurant.

Because we’ll send you reminder email notifications 2.5 hours prior to your reservation, you’ll have the chance, up to two (2) hours prior to your Reservation, to cancel your Reservation. If you don’t cancel your Reservation within this allotted Reservation time frame and don’t present yourself within twenty (20) minutes after your Reservation, you may be charged an amount of $30.00 per person.

Also, if you present yourself at your Reservation with a party size that is different than what you reserved for via the Services, the restaurant may cancel your reservation.

DINR shall have the right to process the appropriate payment of all lawful No-Shows.

3. Creating an Account

You can browse the restaurants on DINR without creating an account. But to use the Services you’ll have to create an account.

You can create an account with DINR through the App by providing us with current, complete and accurate information about yourself. You’ll be prompted to provide us with your name, email, mobile phone number, password as well as your credit card information ("Account Information"). You can also create an account with your Facebook login and by providing your credit card information. Please don’t impersonate anyone else. If you don’t follow these rules, we may cancel your account. To create an account, you need to be at least eighteen (18) years old, or old enough to form a binding contract where you live.

You’re responsible for all the activity on your account, and for keeping your Account Information confidential. We’re not responsible for any loss, claim or other liability you may suffer from the unauthorized use of your Account Information or as a result of not keeping your Account Information current and confidential.

If you find out that someone else has used your account without your permission or believe that your account is no longer secure for any reason, you should report it to help@getDINR.com.

4. Your Conduct

Lots of people use DINR. We expect all of you to behave responsibly. In exchange for us providing you with access to and use of the Services, you agree that you alone are responsible for your conduct while using the Services and that you will not do any of the following when accessing or using the Services:

  • Don’t try to interfere with the proper workings of the Services.

  • Don’t bypass any measures we’ve put in place to secure and protect the Services.

  • Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to DINR or another party.

  • Don’t take any action that interferes with, disrupts, damages or imposes an unreasonable load on our infrastructure, or on our third-party providers (we reserve the right to determine what’s reasonable.)

  • Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Services.

  • Don’t take apart or reverse engineer any aspect of the Services in an effort to modify, hack, emulate or access elements like source code, underlying ideas, algorithms or other data.

  • Don’t use the Services for any commercial purposes.

  • Don’t collect any personally identifiable information about other users.

  • Don’t infringe upon or violate the rights of DINR, our users or any third party.

The enforcement of the user conduct rules in these Terms is solely at our discretion. If we fail to enforce these rules in certain instances it doesn’t constitute a waiver of our right to enforce such rules in other instances.

5. Our Rights

To operate effectively and efficiently, we need to be able to maintain control over the Services. Therefore, we reserve the right to make decisions to protect the health and integrity of the Services. DINR reserves these rights:

  • We can make certain changes to the DINR website and Services without notice or liability.

  • We have the right to decide who’s eligible to use DINR. We can cancel and terminate accounts or decline to offer our Services (particularly if you’re abusing them or breaching your obligations).

  • We have the right to cancel any restaurant availability or Reservation at any time and for any reason.

DINR is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.

6. Modification to Terms

We may change these some of these Terms from time to time. If we make any non-substantial or non-material changes, we’ll let you know by sending you a written notification by email of any such change or modification. New versions of the Terms will never apply retroactively because we’ll indicate the exact date they go into effect.

7. Your Mobile Services

When you access and use the Services through the App, you’ll be subject to your wireless service carrier's standard charges, data rates and other fees related to mobile services. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices.

By using the App, you agree that we may, in accordance with our Privacy Policy , communicate with you via your mobile services regarding the Services by push notifications.

8. Limited License to the Content

The term "Content" used in these Terms includes, without limitation, information, data, text, photographs, videos, audio clips, layout, design, formatting, software, scripts, graphics, restaurant posts and interactive features generated, provided, or otherwise made accessible on or through the Services.

Subject to these Terms, DINR grants you a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and access the Content and the Services. Any unauthorized use of the Content or Services, without DINR’s prior written permission is strictly prohibited and we will terminate the limited license granted by these Terms and may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil or criminal penalties. Unless explicitly stated in these Terms, nothing herein may be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

You acknowledge that all Content accessed by you using the Services is undertaken at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate. You further acknowledge that we have the right to terminate and revoke the limited license granted herein at any time and for any reason, at our sole discretion.

9. Third-Party Sites and Third-Party Content

DINR may provide you with third-party content via our website and the Services and may provide you with links to other websites, applications, services or resources on the Internet, including through use of an API or by linking your account on DINR with an account on the third party service, such as social networks (“Third-Party Sites”) and to access websites and content of third parties (collectively, “Third-Party Content”) as a service to those interested in this information.

DINR does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding any Third-Party Content including, but not limited to, its accuracy or completeness. DINR is not responsible or liable in any manner for the content, functions, accuracy, legality, appropriateness or any other aspect of such any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content.

DINR provides these links only as a convenience and have no control over these other resources and, therefore, you agree to use and access all Third-Party Content at your own risk.

10. Trademarks

The DINR and "D" logo are trademarks or registered trademarks of DINR Inc. in the Canada and other international jurisdictions. These marks may not be reproduced or used without our prior written permission. You may not use any metatags or any other “hidden text” using “DINR” or any other name, trademark or product or service name of DINR without our prior written permission.

In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark or trade dress of DINR and may not be copied, imitated or used, in whole or in part, without our prior written permission.

All other trademarks, registered trademarks, product names and corporate names or logos made available via the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by DINR.

11. Indemnification

If you do anything that gets us sued, or breach any of the obligations you have under these Terms, you agree to defend, indemnify, and hold DINR (as defined above) harmless from any and all liabilities, damages, claims, and expenses (including reasonable attorneys’ fees and other legal and accounting costs) that arise from or relate to your (or any party using your account) (i) use or misuse of the App and the Services or (ii) violation of any third party right (including, without limitation any intellectual property right, confidentiality, property or privacy right) or any disputes or issues between you and any third party.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree that you’ll cooperate and help us in asserting any defenses.

12. Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of DINR (as defined above).

Each of the subsections below (A and B) only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

A. Disclaimers

You agree to access and use our Services solely at your own risk. The Services are provided to you “as is” and on an “as available” basis.

Other than any warranties stipulated by law, DINR makes no warranties of any kind, express or implied, that use of the Services will be uninterrupted, error free or that the Services will meet your requirements or be accurate, reliable, complete, or up-to-date; nor do we make any warranty, express or implied, as to:

  • (i) the results that may be obtained from use of the Services;

  • (ii) complete and guaranteed protection of information, including personal information, that you provide to us;

  • (iii) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement;

  • (iv) any warranties arising out of course-of-dealing, usage, or trade;

  • (v) any warranties whatsoever regarding any products, services, information or other material advertised, made available, or referred to you through the Services; and

  • (vi) any warranties that the App, the Services, its servers, or emails sent from us are free from harmful components, such as viruses.

You assume all risk for all damages, including damage to your computer system, mobile device or loss of data that may result from your use of or access to the Services. Any content, materials, information or software downloaded, used or otherwise obtained through the use of the Services is done at your own discretion and risk.

B. Limitation of Liability

To the fullest extent permitted by law, in no event will DINR (as defined above) be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to:

  • (i) damages resulting from your access to, use of, or inability to access or use the Services;

  • (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services;

  • (iii) any errors or inaccuracies in the information contained in the Services;

  • (iv) any third-party claims or losses of any nature including but not limited to lost profits;

  • (v) any purchase of a third party product or service based on the information contained in the Services;

  • (vi) any third-party content uploaded onto or downloaded from the Services; or

  • (vii) any bugs, viruses, trojan horses, or the like (regardless of the source of origination).

In no event shall DINR’s liability for direct damages be in excess of (in the aggregate) fifty Canadian dollars ($50.00).

13. Governing Law

Before resorting to the courts, we at DINR strongly encourage you to contact us if you’re having any issue or problem. In the unfortunate situation where legal action does arise, these Terms and your access to and use or non-use of the Services (and all other policies incorporated by reference) shall be governed by and construed in accordance with the laws of the Province of Quebec and Canada.

In the event of any matter, dispute or legal action arising out of or in connection with these Terms or your use or non-use of the Services, you and DINR irrevocably submit to the exclusive jurisdiction of the courts of Quebec in the judicial district of Montréal.

These terms shall be deemed to have been entered into and fully performed in the Province of Quebec, Canada.

14. All the Rest

These Terms and the other material referenced in them are the entire agreement between you and DINR with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and DINR with respect to the Services and govern our future relationship.

If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or DINR to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.

These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get DINR’s prior written consent. DINR has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. In such circumstances, DINR will provide you and all users notice via email or by conspicuously posting the notice on our website.

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