Terms of Service

DINR App Terms of Service

Last revised: October 2024

1. Welcome to DINR!

Please read these terms of service carefully.

By signing up for an account, using or downloading 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”, “DINR by Somm™, “we”, “us”, or “our”) you’re agreeing to comply and be bound to these terms of service (“Terms”).

If you don’t agree to these Terms, please don’t use our Services. If you are dissatisfied with these Terms or any other terms, conditions, rules, policies, guidelines or practices application to the App or the Services, your sole and exclusive remedy is to discontinue access and use of the Services.  

DINR Inc., is a technology and software services company and partners with restaurants. In no way does DINR or the App purport to represent or act on behalf of partnering restaurants and please 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.

These Terms are effective on the earlier of the date (a) you click to accept these Terms, or (b) you first sign up for an account, download the App or otherwise use the Services. You’re also agreeing and acknowledging our Privacy Policy, as revised from time to time, to understand how we collect, use and disclose your personally identifiable information.

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

2. How DINR Works

The DINR application 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 inventory and availabilities. As a user of the app, you can search, browse and reserve these availabilities through the DINR application. 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 (“Reservations”).

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.

Every restaurant sets their own cancellation and no-show fee. These details are reiterated on your in-app reservation confirmation screen and your consent is required in order to secure your reservation. While DINR does not immediately or automatically process no-show or late-cancellation penalty fees, DINR does have the right to process the appropriate payment of all lawful no-shows.

The restaurant will honor your reservation upon booking in the DINR app. However, if you’re egregiously late, arrive with a different party size, or are otherwise disrespectful, the restaurant is entitled to decline seating you.

3. Creating an Account

To fully utilize the DINR app you will need 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. 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.

It is your responsibility to update or change your Account Information, as appropriate, including connected credit card details. 

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, it is your responsibility to report it community@getdinr.com.

4. Your Privacy and Personal Information

For a summary of how DINR collects, uses and discloses personal information, please see DINR’s Privacy Policy. When you use the Services, you may also interact with others, including our participating restaurants. The others with whom you interact may also collect, use and disclose your personal information. DINR’s Privacy Statement only describes how DINR collects, uses and discloses your personal information. To understand how others with whom you interact collect, use and disclose your personal information, you must review their privacy policies.

5. Your Conduct

DINR is loved by thousands of foodies. 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, including not probing, scanning or testing the vulnerability of 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 either: (a) “crawl” or “spider” any part of the Services; or (b) send spam or store or transmit any virus, software, script or code that permits unauthorized access to, or to alter, disable, encrypt, erase or otherwise harm any computer systems, software or data.

• Don’t take apart, copy, create derivative works from 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 or make the Services, Content or app available for the benefit of anyone other than yourself.

• Don’t frame or mirror any part of the Services, or otherwise incorporate any portion of the Services into any product or service.

• 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.

6. Our Rights

DINR and its licensors have and will retain all right, title and interest in and to the App, Services and the Content, and the software and systems used to provide them (including all patent, copyright, trademark, trade secret and other intellectual property rights), and all copies, modifications and derivative works of any of them. You acknowledge that you are obtaining only a limited right (as set out in Section 8) to access and use the App, Services and the Content. No rights are granted to you under these Terms other than as expressly set forth in these Terms.

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.

7. Modification to Terms

We may change these some of these Terms from time to time. If we make any material changes to these terms, 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.

8. Your Mobile Services and App Stores

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. You are solely responsible for these standard, data rates and other fees associated with your use of the App or the Services through a mobile device. 

If you obtained the App from the Apple App Store (an “Apple App”), this applies to you: You acknowledge and agree that these Terms are solely between you and DINR, and not with Apple, Inc. (“Apple”) and DINR, not Apple, is solely responsible for the Apple App and the content thereof. You may only use the Apple App on Apple branded products that you own or control. You must comply with the App Store Terms of Service. In the event of any inconsistency between a term of these Terms and a term of the App Store Terms of Service, the term of the App Store Terms of Service will prevail. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App. In the event of any failure of the Apple App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to DINR as the supplier of the Apple App. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple App or your possession and/or use of the Apple App, including, but not limited to (a) product liability claims, (b) any claim that the Apple App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to DINR as supplier of the Apple App. You acknowledge that, in the event of any third-party claim that the Apple App or your possession and use of the Apple App infringes that third party’s intellectual property rights, DINR, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, to the extent required by these Terms. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. If you have any questions, complaints or claims with respect to the Apple App, you may direct them to Somm at legal@getdinr.com. You agree to comply with all applicable third party terms of agreement when using the Apple App, including your wireless data service agreement. You and Somm acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and you will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

If you obtained or downloaded the App through the Google Play Store (a “Google App”), the following applies to you: The following applies to any App you obtain through the Google Play Store (a “Google App”): You acknowledge and agree that these Terms are solely between you and DINR, and not with Google, Inc. or any of its subsidiaries (collectively, “Google”). You must comply with Google’s then-current Google Play Terms of Service. In the event of any inconsistency between a term of these Terms and a term of the Google Play Terms of Service, the term of the Google Play Terms of Service will prevail. Google is only a provider of the Google Play Store where you obtained the Google App. DINR, and not Google, is solely responsible for the Google App. Google has no obligation or liability to you with respect to the Google App or these Terms. You acknowledge and agree that Google is a third-party beneficiary of these Terms.

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.

9. 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.

10. License to Use Your Feedback 

We welcome your feedback, but note that when you provide use any suggestion, enhancement request, recommendation, correction, feedback or other ideas or comments related to your use of the Services (“Feedback”), you grant DINR and its affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) license to use and incorporate into its services the Feedback provided by you. 

11. Open Source, Third-Party Sites and Third-Party Content

The App may contain or be provided together with free or open source software. Notwithstanding the sections titled “Limited License to the Content” and “Our Rights”, each item of free or open source software is subject to its own applicable license terms. Copyrights to the free and open source software are held by the respective copyright holders indicated therein.

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.

12. 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.

13. Termination and Suspension

If you fail to comply with these Terms, then, without limiting any other right or remedy available to DINR, DINR may suspend or terminate your license to use all or any part of the Services, Content or App, with or without notice to you, and without any liability to you or any other person. DINR may suspend or terminate your license to use all or any part of the Services, Content or App, at any time, for any reason or no reason, with or without notice to you, and without any liability to you or any other person. If DINR terminates or suspends your license to use all or any part of the App and/or some or all of the Services or Content, then these Terms will nevertheless continue to apply in respect of your use prior to such termination or suspension.

14. 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.

15. 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 secure or free from harmful components, such as viruses.

DINR makes no representations or warranties about any participating restaurant or other third party websites or related content directly or indirectly accessed through links in the App. 

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). Any action commenced by you against DINR must be brought within twelve (12) months of the cause of action arising.

16. Governing Law and Dispute Resolution 

Before resorting to the courts, we at DINR strongly encourage you to contact us if you’re having any issue or problem. 

These Terms, and any dispute, controversy or claim arising under, out of, in connection with, or related to (a) the App, the Services or the Content, or (b) these Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, shall be governed by and interpreted according to the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to any conflicts of law rules that might apply the laws of any other jurisdiction. 

Any dispute or claim arising out of or relating to this Agreement will be referred to and finally resolved by arbitration under the Arbitration Act (Ontario) or the International Commercial Arbitration Act (Ontario), as applicable. The arbitration will take place in Toronto, Ontario, unless the parties agree otherwise. You agree that good faith negotiations and arbitration will all be without recourse to the courts and that the award of the arbitrator will be final and binding, except that: (a) either party may appeal an arbitration award to the courts of Ontario on a question of law; and (b) either party may apply to the courts of Ontario for an interim measure of protection or for any order for equitable relief which the arbitrator does not have the jurisdiction to provide.

17. Class Action Waiver

Any proceedings to resolve or litigate any dispute, controversy or claim arising under, out of, in connection with, or related to (a) the Services, the Content or the App, or (b) these Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, will be conducted solely on an individual basis. Neither you nor DINR will seek to have any such dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then this section will not apply to those parts.

18. Injunction 

You acknowledge that any breach, threatened or actual, of these Terms will cause irreparable harm to DINR, such harm would not be quantifiable in monetary damages, and DINR would not have an adequate remedy at law. You agree that DINR shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms, and without the necessity of showing or proving any actual or threatened damage or harm, notwithstanding any rule of law or equity to the contrary. You hereby waive any requirement that DINR post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to DINR to enforce any provision of these Terms.

19. Export Controls

These Terms are expressly made subject to any laws, regulations, orders or other restrictions on export from the United States of America or Canada of the App or any of the Services or Content, or any information about any of them, which may be imposed from time to time by the governments of the United States of America or Canada. You shall not export the App or any of Services or Content, or any information about any of them without the prior written consent of DINR and compliance with such laws, regulations, orders and other restrictions. You represent and warrant that (a) you are not located in a country that is subject to a U.S. or Canadian government embargo, or that has been designated by the U.S. or Canadian government as a “terrorist supporting” country, and (b) you are not listed on any U.S. or Canadian government list of prohibited or restricted parties.

20. 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.

Failure by DINR to insist on strict performance of any of the terms or conditions of these Terms will not operate as a waiver by DINR of that or any subsequent default or failure of performance. 

DINR’s affiliates, DINR’s directors, officers, employees, partners, suppliers and agents, are third party beneficiaries of the sections titled “Indemnification” and “Disclaimer and Limitation of Liability”. Apple, Google and their subsidiaries are third party beneficiaries of these Terms. There are no other third party beneficiaries of these Terms.