Payments Terms of Service

Payments Terms of Service˝Please read these Payments Terms of Service carefully as they contain important information about yourlegal rights, remedies and obligations. By using the Payment Services, you agree to comply with and bebound by these Payments Terms of Service.˝Please note: Section 23 of these Payments Terms of Service contains an arbitration clause and classaction waiver that applies to all DineAtMine Members. If you reside in the United Kingdom, this provisionapplies to all disputes with DineAtMine. If you reside outside of the United Kingdom, this provision applies to any action you bring against DineAtMine in the United Kingdom. It affects how disputes withDineAtMine are resolved. By accepting these Payments Terms of Service, you agree to be bound by thisarbitration clause and class action waiver. Please read it carefully.˝Last Updated: June, 2020˝These Payments Terms of Service (“Payments Terms”) constitute a legally binding agreement (“Agreement”) between you and DineAtMine governing the Payment Services (defined below) conductedthrough or in connection with the DineAtMine Platform.˝When these Payments Terms mention “DineAtMine,” “we,” “us,” or “our,” it refers to the DineAtMinecompany you are contracting with for Payment Services, which may be DineAtMine, Ltd. Your contracting entity will generally be determined for each payment or payout based on the jurisdiction in whichyour Payment Method or Payout Method was issued, as further set forth in Section 21 (“DineAtMineContracting Entity”).˝The DineAtMine Terms of Service (“DineAtMine Terms”) separately govern your use of the DineAtMinePlatform. All capitalised terms have the meaning set forth in the DineAtMine Terms unless otherwisedefined in these Payments Terms.˝Our collection and use of personal information in connection with your access to and use of the Payment Services is described in DineAtMine’s Privacy Policy.˝Table of Contents˝Scope and Use of the Payment Services˝Key Definitions˝Modification of these Payments Terms˝Eligibility, Member Verification˝Account Registration˝Payment Methods and Payout Methods˝Financial Terms for Chefs˝Financial Terms for Guests˝Appointment of DineAtMine as Limited Payment Collection Agent˝General Financial Terms˝Taxes˝Damage to Reservations˝Currency Conversion˝Prohibited Activities˝Intellectual Property Ownership, Rights Notices˝Feedback˝Disclaimers˝Liability˝Indemnification˝Termination, Suspension, and other Measures˝DineAtMine Contracting Entity˝Applicable Law and Jurisdiction˝Dispute Resolution and Arbitration Agreement˝General Provisions˝Additional Clauses for Users Contracting with DineAtMine UK˝Contacting DineAtMine˝1. Scope and Use of the Payment Services˝1.1 DineAtMine provides payments services to Members, including payment collection services, paymentsand payouts, in connection with and through the DineAtMine Platform (“Payment Services”).˝1.2 DineAtMine may restrict the availability of the Payment Services, or certain services or featuresthereof, to carry out maintenance measures that ensure the proper or improved functioning of thePayment Services. DineAtMine may improve, enhance and modify the Payment Services and introducenew Payment Services from time to time.˝1.3 The Payment Services may contain links to third-party websites or resources (“Third-Party Services”).Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. DineAtMine is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-PartyServices. Links to such Third-Party Services are not an endorsement by DineAtMine of such Third-PartyServices.˝1.4 You may not use the Payment Services except as authorised by United Kingdom law, the laws of thejurisdiction in which you reside, and any other applicable laws. In particular, but without limitation, thePayment Services may not be used to send or receive funds: (i) into any United Kingdom embargoedcountries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals orthe U.S. Department of Commerce’s Denied Persons List or Entity List. You represent and warrant that:(i) neither you nor your Chef Services are located or take place in a country that is subject to a UKGovernment embargo, or that has been designated by the UK Government as a “terrorist supporting”country; and (ii) you are not listed on any UK Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in yourlocal jurisdiction.˝1.5 Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence withrespect to your use of or access to that Payment Service, unless specified otherwise.˝2. Key Definitions˝“Adjusted Exchange Rate” means the Base Exchange Rate plus a 3% fee charged by DineAtMine forcertain cross-border transactions.˝“Base Exchange Rate” means a system-wide rate used by DineAtMine if the Reservation Currency isdifferent than the Meal Country Currency. It does not include any fee or mark-up by DineAtMine.DineAtMine establishes the Base Exchange Rate using data from one or more third parties such asStripe (www.stripe.com).˝“Reservation Currency” means the currency in which a Guest pays for his or her reservation. The Guestwill be able to see (and in some cases, select) their Reservation Currency when checking out. TheReservation Currency for a reservation may be different from the relevant Meal Country Currency.˝“Meal Country Currency” means the default currency associated with the country in which the Meal islocated. For example, the Meal Country Currency for a Meal located in London would be GBP and theMeal Country Currency for a Meal located in Japan would be Japanese Yen.˝“Payout” means a payment initiated by DineAtMine to a Member for services (such as Meal Fees andCo-Chef Services Fees) performed in connection with the DineAtMine Platform.˝“Payment Method” means a financial instrument that you have added to your DineAtMine Account,such as a credit card, debit card, or PayPal account.˝“Payout Method” means a financial instrument that you have added to your DineAtMine Account, suchas a PayPal account, direct deposit, a prepaid card, or a debit card (where available).˝3. Modification of these Payments Terms˝DineAtMine reserves the right to modify these Payments Terms at any time in accordance with this provision. If we make changes to these Payments Terms, we will post the revised Payments Terms on theDineAtMine Platform and update the “Last Updated” date at the top of these Payments Terms. We willalso provide you with notice by email of the modification at least thirty (30) days before the date theybecome effective, however, Members contracting with DineAtMine UK will receive notice at least two(2) months prior to the effective date. If you disagree with the revised Payments Terms, you may terminate this Agreement with immediate effect. We will inform you about your right of refusal and yourright to terminate this Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the Payment Services will constitute acceptance of the revised Payments Terms.˝4. Eligibility, Member Verification˝4.1 You must be at least 18 years old and able to enter into legally binding contracts to use the PaymentServices. By using the Payment Services you represent and warrant that you are 18 or older.˝4.2 If you are agreeing to these Payments Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to thesePayments Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.˝4.3 DineAtMine may make access to and use of certain areas or features of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting specificeligibility criteria.˝4.4 We may make inquiries we consider necessary to help verify or check your identity or prevent fraud.In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include (i) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; (ii) requiring you to take steps to confirm ownership of your email address, Payment Methods or PayoutMethods; or (iii) attempting to screen your information against third-party databases. DineAtMine reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable toobtain or verify any of this information.˝5. Account Registration˝5.1 In order to use the Payment Services, you must have an DineAtMine Account in good standing. Ifyou or DineAtMine closes your DineAtMine Account for any reason, you will no longer be able to usethe Payment Services.˝5.2 You may authorise a third party to use your DineAtMine Account in accordance with the DineAtMine Terms. You acknowledge and agree that anyone you authorise to use your DineAtMine Accountmay use the Payment Services on your behalf and that you will be responsible for any payments madeby such person.˝6. Payment Methods and Payout Methods˝6.1 When you add a Payment Method or Payout Method to your DineAtMine Account, you will beasked to provide customary billing information such as name, billing address, and financial instrumentinformation either to DineAtMine or its third-party payment processor(s). You must provide accurate,current, and complete information when adding a Payment Method or Payout Method, and it is yourobligation to keep your Payment Method and Payout Method up-to-date at all times. The informationrequired for Payout Methods will include:˝for direct deposit, your address, name on the account, account type, routing number, and account number;˝for PayPal, your address, email address, and payout currency; and˝for Payoneer prepaid debit cards, your address, and Payoneer account information.˝6.2 When you add or use a new Payment Method, DineAtMine may verify the Payment Method by authorising a nominal amount, not to exceed one GBP (£1), or a similar sum in the Payment Method’s localcurrency (e.g., one euro or one British pound). For further verification, we may also (i) authorise yourPayment Method for one or two additional nominal amounts, each not to exceed two GBPs (£2) or asimilar sum in the Payment Method’s local currency (e.g., two euros or two British pounds), and ask youto confirm these amounts, or (ii) require you to upload a billing statement. When you add a PaymentMethod during checkout, we will automatically save that Payment Method to your DineAtMine Accountso it can be used for a future transaction.˝6.3 To verify your Payout Method, DineAtMine may send one or more payments of nominal amounts toyour Payout Method. We may, and retain the right to, initiate refunds of these amounts from your Payout Method.˝6.4 Please note that Payment Methods and Payout Methods may involve the use of third-party paymentservice providers. These service providers may charge you additional fees when processing paymentsand Payouts in connection with the Payment Services (including deducting charges from the Payoutamount), and DineAtMine is not responsible for any such fees and disclaims all liability in this regard. YourPayment Method or Payout Method may also be subject to additional terms and conditions imposed bythe applicable third-party payment service provider; please review these terms and conditions beforeusing your Payment Method or Payout Method.˝6.5 You authorise DineAtMine to store your Payment Method information and charge your PaymentMethod as outlined in these Payments Terms. If your Payment Method’s account information changes(e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we mayacquire that information from our financial services partner or your bank and update your PaymentMethod on file in your DineAtMine Account.˝6.6 You are solely responsible for the accuracy and completeness of your Payment Method and PayoutMethod information. DineAtMine is not responsible for any loss suffered by you as a result of incorrectPayment Method or Payout Method information provided by you.˝7. Financial Terms for Chefs˝7.1 Generally˝Generally speaking, DineAtMine will collect the Total Fees from a Guest at the time the Guest’s reservation request is accepted by the chef, or at any other time mutually agreed between the Guest andDineAtMine.˝7.2. Payouts˝7.2.1 In order to receive a Payout you must have a valid Payout Method linked to your DineAtMine Account. DineAtMine will generally initiate Payouts to your selected Payout Method: (i) for Reservationswithin 24 hours of the Guest’s scheduled arrival time (or within 24 hours of 3:00pm local time - or3:00pm UTC if local time is unknown - if the arrival time is flexible or not specified); (ii) for Experiencesand Events within 24 hours of the start of the Visit; and (iii) for all other Chef Services at the time specified via the DineAtMine Platform. In certain jurisdictions or instances, DineAtMine may offer you a different time or trigger for payment. The time it takes to receive Payouts once released by DineAtMinemay depend upon the Payout Method you select. DineAtMine may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.˝7.2.2 Your Payout for a reservation will be the Meal Fee less applicable Chef Fees and Taxes.˝7.2.3 DineAtMine will remit your Payouts in your currency of choice, depending upon your selections viathe DineAtMine Platform. If the currency of your Meal Fee at the time of reservation is different fromyour selected Payout currency when we initiate your Payout, we will apply the Base Exchange Rate toyour Payout. Amounts may be rounded up or down as described in Section 10.5 (“Rounding Off”).˝7.2.4 For compliance or operational reasons, DineAtMine may limit the value of each individual Payout. Ifyou are due an amount above that limit, DineAtMine may initiate a series of Payouts (potentially overmultiple days) in order to provide your full payout amount.˝7.3 Co-Chefing˝7.3.1 If a Chef and a Co-Chef agree on a Co-Chef Services Fee, DineAtMine will automatically deduct theCo-Chef Services Fees from the Chef’s Meal Fee and pay that fee to the Co-Chef at the same timeDineAtMine initiates the Chef’s Payout.˝7.3.2 In the event that a refund is due to a Guest, DineAtMine will automatically deduct the amount ofthe refund, on a pro-rata basis, from the next Payout due to each of the Chef and the Co-Chef.˝7.4 If you owe any amount to DineAtMine (e.g., as a result of your reservations, Reservation Modifications, cancellations or other actions as a Guest, Chef or Co-Chef), you authorise DineAtMine to collectthese amounts from you by withholding the amounts from your future Payouts and/or charging anyPayment Method on file in your DineAtMine Account. Any funds collected by DineAtMine will setoff theamount owed by you to DineAtMine and extinguish your obligation to DineAtMine. In addition to theamount due, if there are delinquent amounts or chargebacks associated with your Payment Method,you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.˝8. Financial Terms for Guests˝8.1 You authorise DineAtMine to charge your Payment Method the Total Fees for any reservation requested in connection with your DineAtMine Account. DineAtMine will collect the Total Fees in the manner agreed between you and DineAtMine via the DineAtMine Platform. DineAtMine will generally collectthe Total Fees after the Chef accepts your reservation request. However, if you pay with a push Payment Method (such as Boletos or Sofort), DineAtMine will collect the Total Fees at the time of yourreservation request. DineAtMine may offer alternative options for the timing and manner of payment;any additional fees for using offered payment options will be displayed via the DineAtMine Platform andincluded in the Total Fees, and you agree to pay such fees by selecting the payment option. If DineAtMine is unable to collect the Total Fees as scheduled, DineAtMine will collect the Total Fees at a laterpoint. Once the payment transaction for your requested reservation is successfully completed you willreceive a confirmation email.˝8.2 When you request to book a Meal, DineAtMine may also (i) obtain a pre-authorisation via yourPayment Method for the Total Fees or (ii) charge or authorise your Payment Method a nominal amount,not to exceed one GBP (£1), or a similar sum in the currency in which you are transacting (e.g., oneeuro or one British pound), to verify your Payment Method.˝8.3 If a requested reservation is cancelled either because it is not accepted by the Chef or you cancelthe reservation request before it is accepted by the Chef, any amounts collected by DineAtMine will berefunded to you, and any pre-authorisation of your Payment Method will be released (if applicable). Thetiming to receive the refund or for the pre-authorisation to be released will vary based on the PaymentMethod and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.˝8.4 You authorise DineAtMine to perform the Payment Method verifications described in Sections 6 and8, and to charge your Payment Method for any reservations made in connection with your DineAtMineAccount. You hereby authorise DineAtMine to collect any amounts due by charging the PaymentMethod provided at checkout, either directly by DineAtMine or indirectly, via a third-party online pay-ment processor, and/or by one or more of the payment methods available on the DineAtMine Platform(such as gift cards).˝8.5 If DineAtMine is unable collect any amounts due via your selected Payment Method, you authoriseDineAtMine to charge any other Payments Methods on file in your DineAtMine Account (unless youhave previously removed the authorisation to charge such Payment Method(s)). You also authoriseDineAtMine to charge any Payment Method on file in your DineAtMine Account in the event of a Damage Claim pursuant to Section 12 (“Damage to Reservations”).˝8.6 If you Overeat at an Reservation, you authorise DineAtMine to charge any Payment Method(s) youhave on file in your DineAtMine Account to collect Overconsumption Fees payable under the DineAtMineTerms. In addition, DineAtMine may recover any costs and expenses it incurs in collecting the Overconsumption Fees by charging any Payment Method(s) you have on file in your DineAtMine Account.˝8.7 DineAtMine is not responsible for any fees that a Guest’s third-party payment service provider mayimpose when DineAtMine charges the Guest’s Payment Method, and DineAtMine disclaims all liability inthis regard.˝9. Appointment of DineAtMine as Limited Payment Collection Agent˝9.1 Each Member collecting payment for services provided via the DineAtMine Platform (such as ChefServices or Co-Chef Services, or transactions facilitated through the Resolution Centre) (“ProvidingMember”) hereby appoints DineAtMine as the Providing Member’s payment collection agent solely forthe limited purpose of accepting funds from Members purchasing such services (“Purchasing Members”).˝9.2 Each Providing Member agrees that payment made by a Purchasing Member through DineAtMine,shall be considered the same as a payment made directly to the Providing Member, and the ProvidingMember will provide the purchased services to the Purchasing Member in the agreed-upon manner as ifthe Providing Member has received the payment directly from the Purchasing Member. Each ProvidingMember agrees that DineAtMine may refund the Purchasing Member in accordance with the DineAtMine Terms. Each Providing Member understands that DineAtMine’ obligation to pay the ProvidingMember is subject to and conditional upon successful receipt of the associated payments from Purchasing Members. DineAtMine guarantees payments to Providing Members only for such amounts that havebeen successfully received by DineAtMine from Purchasing Members in accordance with these PaymentsTerms. In accepting appointment as the limited payment collection agent of the Providing Member,DineAtMine assumes no liability for any acts or omissions of the Providing Member.˝9.3 Each Purchasing Member acknowledges and agrees that, notwithstanding the fact that DineAtMineis not a party to the agreement between you and the Providing Member, DineAtMine acts as the Providing Member’s payment collection agent for the limited purpose of accepting payments from you onbehalf of the Providing Member. Upon your payment of the funds to DineAtMine, your payment obligation to the Providing Member for the agreed upon amount is extinguished, and DineAtMine is responsible for remitting the funds to the Providing Member in the manner described in these Payments Terms,which constitute DineAtMine’ agreement with the Purchasing Member. In the event that DineAtMinedoes not remit any such amounts, the Providing Member will have recourse only against DineAtMineand not the Purchasing Member directly.˝10. General Financial Terms˝10.1 Service Fees and Other Fees˝10.1.1 DineAtMine collects the Service Fees charged by DineAtMine pursuant to the DineAtMine Terms.Where applicable, DineAtMine may also collect Taxes (such as VAT in Europe) in respect of the Chef Feesand Guest Fees. DineAtMine deducts the Chef Fees from the Meal Fees before remitting the Payout tothe Chef as described in these Payments Terms. Guest Fees are included in the Total Fees collected byDineAtMine.˝10.1.2 More information about when Services Fees apply and how they are calculated can be found onour Service Fees page. DineAtMine may charge additional fees for use of certain Payment Services andany applicable fees will be disclosed to Members via the DineAtMine Platform.˝10.2 Cancellations and Refunds˝10.2.1 If a Guest cancels a confirmed reservation, DineAtMine will refund the amount of the Total Feesdue to the Guest pursuant to the Meal’s cancellation policy and as otherwise in accordance with theDineAtMine Terms (including the Guest Refund Policy or Extenuating Circumstances Policy). DineAtMinewill also initiate a Payout of any portion of the Total Fees due to the Chef under the applicable cancellation policy.˝10.2.2 If a Chef cancels a confirmed reservation, DineAtMine will provide the Guest a full refund of theTotal Fees within a commercially reasonable time of the cancellation. In some instances, DineAtMine mayallow the Guest to apply the refund to a new reservation, in which case DineAtMine will credit theamount against the Guest’s subsequent reservation at the Guest’s direction.˝10.2.3 If, as a Chef, you cancel a confirmed reservation, you agree that DineAtMine may collect any cancellation fees imposed pursuant to the DineAtMine Terms. In these instances, DineAtMine will treat yourcancellation as a payment authorization.˝10.2.4 If a Chef modifies or cancels an Experience, Event, or other Chef Service, DineAtMine will provideGuests a refund in accordance with the DineAtMine Terms.˝10.2.5 All refunds may be subject to the DineAtMine Terms, Extenuating Circumstances Policy, and GuestRefund Policy. If a Guest or DineAtMine decides for any reason to cancel a confirmed reservation pursuant to the DineAtMine Terms, Guest Refund Policy, or Extenuating Circumstances Policy, you agreethat DineAtMine will not have any liability for such cancellations or refunds aside from its obligations toremit refunds or Payouts pursuant to these Payments Terms.˝10.2.6 If, as a Chef, your Guest cancels a confirmed reservation or DineAtMine decides that it is necessary to cancel a confirmed reservation, and DineAtMine issues a refund to the Guest in accordance withthe Guest Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy, youagree that in the event you have already been paid, DineAtMine will be entitled to recover the amountof any such refund from you, including by subtracting such refund amount out from any future Payoutsdue to you.˝10.3 Resolution Center˝You agree that DineAtMine may collect from you any amount paid through the Resolution Centre inconnection with your DineAtMine Account by charging the Payment Method associated with the relevant reservation or any other Payment Method on file in your DineAtMine Account, or by withholdingthe amount from your future Payouts. DineAtMine will process such payments otherwise in accordancewith these Payments Terms.˝10.4 Recurring Payments˝10.4.1 For certain reservations (such as for Reservation Reservations of twenty-eight (28) nights ormore), DineAtMine may require a Guest to make recurring, incremental payments toward the TotalFees owed (“Recurring Payments”). More information on Recurring Payments (including the amountand the frequency of payments) will be made available via the DineAtMine Platform if applicable to areservation.˝10.4.3 If Recurring Payments apply to a confirmed reservation, then the Guest authorises DineAtMine tocollect the Total Fees, and the Chef agrees that DineAtMine will initiate Payouts, in the increments and atthe frequency agreed to and identified via the DineAtMine Platform.˝10.4.4 Guests may stop payment of a Recurring Payment by notifying DineAtMine orally or in writing atleast three (3) business days before the scheduled date of the payment. DineAtMine may require thatyou give written confirmation of a stop-payment order within fourteen (14) days of an oral notification.If you fail to provide written confirmation within fourteen (14) days as requested, DineAtMine is not obligated to honour your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact DineAtMine pursuant to Section 26.˝10.5 Rounding Off˝10.5.1 DineAtMine may, in its sole discretion, round up or round down amounts that are payable fromor to Members to the nearest whole functional base unit in which the currency is denominated (i.e., tothe nearest GBP, euro or other supported currency); for example, DineAtMine may round up anamount of £101.50 to £102.00, and round down an amount of £101.49 to £101.00.˝10.5.2 For currencies denominated in large numbers, DineAtMine may determine the functional base unitin which those currencies are denominated to be 10, 100 or 1,000 of the currency; the correspondingexamples for such currencies would be for DineAtMine to round up an amount of 1,045 up to 1,050 and1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and837,499 down to 837,000.˝10.6 Payment Processing Errors˝We will take steps to rectify any payment processing errors that we become aware of. These steps mayinclude crediting or debiting (as appropriate) the same Payout Method or Payment Method used for theoriginal Payout to or payment by you, so that you end up receiving or paying the correct amount.˝10.7 Reservation Modifications˝If, as a Guest, you owe additional amounts to DineAtMine due to a Reservation Modification, youagree that DineAtMine may collect such amounts by charging the Payment Method used to make yourreservation (or, if that Payment Method is not available, through any other authorised Payment Methodin your DineAtMine Account). If, as a Chef, you owe DineAtMine any amounts due to a ReservationModification, you agree that DineAtMine may collect those amounts pursuant to Section 7 (“FinancialTerms for Chefs”) and as otherwise permitted under these Payments Terms.˝10.8 Collections˝If DineAtMine is unable to collect any amounts you owe under these Payments Terms, DineAtMine mayengage in collection efforts to recover such amounts from you. DineAtMine will deem any owedamounts overdue when: (a) for authorised charges, ninety (90) days have elapsed after DineAtMinefirst attempts to charge the Member’s Payment Method or the associated services have been provided,whichever is later; and (b) for withholdings from a Chef’s future Payouts, one hundred and eighty (180)days have elapsed after the adjustment is made to the Chef’s account or the associated services havebeen provided, whichever is later. Any overdue amounts not collected within one hundred and eighty(180) days after they become overdue will be deemed to be in default. You hereby explicitly agree thatall communication in relation to amounts owed will be made by electronic mail or by phone, as providedto DineAtMine and/or DineAtMine by you. Such communication may be made by DineAtMine, DineAtMine, or by anyone on their behalf, including but not limited to a third-party collection agent.˝10.9 DineAtMine Travel Credits˝DineAtMine Travel Credits may be redeemed for applicable reservations via the DineAtMine Platform asspecified in the DineAtMine Referral Program Terms & Conditions or other terms and conditions provided with the Travel Credit. You may only redeem DineAtMine Travel Credits after the DineAtMineTravel Credits are reflected in your DineAtMine Account.˝11. Taxes˝11.1 In any jurisdiction where DineAtMine facilitates Collection and Remittance pursuant to the DineAtMine Terms, you hereby instruct and authorise DineAtMine to collect Local Taxes from Guests onthe Chef’s behalf at the time the Meal Fees are collected, and to remit such Local Taxes to the Tax Authority. The amount of Local Taxes, if any, collected and remitted by DineAtMine will be visibleto and separately stated to both Guests and Chefs on their respective transaction documents. You expressly agree to release, defend, indemnify, and hold DineAtMine and its affiliates and subsidiaries, andtheir officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Local Taxes, including, without limitation, theapplicability of, calculation, collection or remittance of Local Taxes in any amount or at all as toyour transactions or Reservations.˝11.2 You agree that any claim or cause of action relating to DineAtMine’ facilitation of Collection andRemittance shall not extend to any supplier or vendor that may be used by DineAtMine in connectionwith facilitation of Collection and Remittance of Local Taxes, if any. Guests and Chefs agree thatwe may seek additional amounts from you in the event that the Taxes collected and/or remitted areinsufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy forLocal Taxes collected is a refund of Local Taxes collected by DineAtMine from the applicableTax Authority in accordance with applicable procedures set by that Tax Authority.˝12. Damage to Reservations˝12.1 If you as a Guest (i) agree to pay the Chef in connection with a Damage Claim, or (ii) DineAtMinedetermines that you are responsible for damaging while being on a Reservation or any damage or removal of personal or other property located at the Reservation location pursuant to the DineAtMineTerms, you authorise DineAtMine to charge the Payment Method used to make the reservation in orderto collect any amount associated with the damage, as well as any amount of the Damage Claim exceeding any costs of the object. DineAtMine may charge the Payment Method used to make the reservation for the amount of the Damage Claim. If we are unable to collect from your Payment Methodused to make the reservation, you agree that DineAtMine may charge any other Payment Method onfile (and not otherwise unauthorised) in your DineAtMine Account at the time of the Damage Claim.˝12.2 DineAtMine also reserves the right to otherwise collect payment from you and pursue any remedies available to DineAtMine in situations in which you are responsible for a Damage Claim, including,but not limited to, in relation to any payment requests made by Chefs under the DineAtMine ChefGuarantee.˝12.3 If required by a Chef, may be applied to any additional overconsumption from a Guest.˝13. Currency Conversion˝13.1 DineAtMine will do a currency conversion in the following situations:˝Where a Guest submits a reservation request for a Meal using a Reservation Currency that is differentfrom the Meal Country Currency, DineAtMine will calculate the Total Fees in the Reservation Currencyby applying either the Base Exchange Rate or the Adjusted Exchange Rate to the Total Fees in the MealCountry Currency at the time of the reservation request. Any fees that are based on a percentage ofthe applicable Meal Fees (such as Guest Fees), will be calculated based on the Meal Fees in the Reservation Currency (i.e., after conversion from the Meal Country Currency). The Base Exchange Rate will beapplied if DineAtMine is unable to process your transaction in the default currency of your PaymentMethod; in all other cases, the Adjusted Exchange Rate will apply.˝When a confirmed reservation is modified or cancelled, and a currency conversion has been applied,the Guest’s payment will be processed using the same Base Exchange Rate or Adjusted Exchange Rateapplied at the time of the original reservation.˝13.2 When you as a Guest submit a reservation request for a Meal, and such request will be subject toa currency conversion, you will be able to view the exchange rate applied to do the currency conversionbefore you checkout.˝14. Prohibited Activities˝You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligationsthat may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:˝breach or circumvent any applicable laws or regulations, agreements with third parties, third-partyrights, or the DineAtMine Terms, Policies, or Standards;˝use the Payment Services for any commercial or other purposes that are not expressly permitted bythese Payments Terms;˝register or use any Payment Method or Payout Method with your DineAtMine Account that is not yoursor you do not have authorisation to use;˝avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by DineAtMine or any of DineAtMine’ providers or any other third party to protectthe Payment Services;˝take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;˝attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to providethe Payment Services; or˝violate or infringe anyone else’s rights or otherwise cause harm to anyone.˝15. Intellectual Property Ownership, Rights Notices˝15.1 The Payment Services are protected by copyright, trademark, and other laws of the United Kingdom and foreign countries. You acknowledge and agree that the Payment Services, including all associated intellectual property rights, are the exclusive property of DineAtMine, DineAtMine and its licensors.You will not remove, alter or obscure any copyright, trademark, service mark or other proprietaryrights notices incorporated in or accompanying the Payment Services. All trademarks, service marks,logos, trade names, and any other proprietary designations of DineAtMine or DineAtMine used on or inconnection with the Payment Services are trademarks or registered trademarks of DineAtMine orDineAtMine in the United Kingdom and abroad. Trademarks, service marks, logos, trade names, andany other proprietary designations of third parties used on or in connection with Payment Services areused for identification purposes only and may be the property of their respective owners.˝15.2 You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell,transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Payment Services, except as expressly permitted in these Payments Terms. No licenses or rights are granted to youby implication or otherwise under any intellectual property rights owned or controlled by DineAtMine,DineAtMine, or its licensors, except for the licenses and rights expressly granted in these PaymentsTerms.˝16. Feedback˝We welcome and encourage you to provide feedback, comments, and suggestions for improvements tothe Payment Services (“Feedback”). You may submit Feedback by emailing us, through the “Contact”section of the DineAtMine Platform, or pursuant to Section 26 (“Contacting DineAtMine”). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submittingFeedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation toyou.˝17. Disclaimers˝17.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. The PaymentServices are provided “as is”, without warranty of any kind, either express or implied.˝17.2 Notwithstanding DineAtMine’ appointment as the limited payment collection agent of ProvidingMembers for the purposes of accepting payments from Purchasing Members through the DineAtMinePlatform, DineAtMine explicitly disclaims all liability for any act or omission of any Member or other thirdparty. DineAtMine does not have any duties or obligations as agent for each Providing Member exceptto the extent expressly set forth in these Payments Terms, and any additional duties or obligations asmay be implied by law are expressly excluded.˝17.3 If we choose to conduct identity verification on any Member, to the extent permitted by applicablelaw, we disclaim warranties of any kind, either express or implied, that such checks will identify priormisconduct by a Member or guarantee that a Member will not engage in misconduct in the future.˝17.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have otherstatutory rights. However, the duration of statutorily required warranties, if any, shall be limited to themaximum extent permitted by law.˝18. Liability˝18.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arisingout of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your DineAtMine Account in any way, you are responsible for the actions taken bythat person. Neither DineAtMine nor any other party involved in creating, producing, or delivering thePayment Services will be liable for any incidental, special, exemplary, or consequential damages, includinglost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure orthe cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inabilityto use the Payment Services, or (iii) from any communications, interactions, or meetings with otherMembers or other persons with whom you communicate, interact, transact, or meet with as a result ofyour use of the Payment Services, whether based on warranty, contract, tort (including negligence),product liability, or any other legal theory, and whether or not DineAtMine has been informed of thepossibility of such damage, even if a limited remedy set forth herein is found to have failed of its essentialpurpose. Except for our obligations to pay amounts to applicable Providing Members pursuant to thesePayments Terms or an approved payment request under the DineAtMine Chef Guarantee, in no eventwill DineAtMine’ aggregate liability arising out of or in connection with these Payments Terms and youruse of the Payment Services including, but not limited to, from your use of or inability to use the PaymentServices, exceed the amounts you have paid or owe for reservations via the DineAtMine Platform as aGuest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Chefor Co-Chef, the amounts paid by DineAtMine to you in the twelve (12) month period prior to the eventgiving rise to the liability, or one hundred GBPs (£100), if no such payments have been made, asapplicable. The limitations of damages set forth above are fundamental elements of the basis of thebargain between DineAtMine and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you resideoutside of the UK, this does not affect DineAtMine’ liability for death or personal injury arising from itsnegligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or anyother liability which cannot be excluded or limited under applicable law.˝18.2 If you reside in the EU, Section 18.1 does not apply, and DineAtMine is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicariousagents. The same applies to the assumption of guarantees or any other strict liability, or in case of aculpable injury to life, limb, or health. DineAtMine is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of DineAtMine in whose proper fulfilment you regularly trust and musttrust for the proper execution of the contract but the amount shall be limited to the typically occurringforeseeable damage. Any additional liability of DineAtMine is excluded.˝19. Indemnification˝You agree to release, defend (at DineAtMine’s option), indemnify, and hold DineAtMine and its affiliatesand subsidiaries, and their officers, directors, employees, and agents, harmless from and against anyclaims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii)your improper use of the Payment Services; (iii) DineAtMine’ Collection and Remittance of LocalTaxes; or (iv) your breach of any laws, regulations, or third-party rights.˝20. Termination, Suspension, and other Measures˝20.1 You may terminate this Agreement at any time via the “Cancel Account” feature on the DineAtMine Platform or by sending us an email, or by following the termination procedures specified in theDineAtMine Terms. Terminating this Agreement will also serve as notice to cancel your DineAtMine Account pursuant to the DineAtMine Terms. If you cancel your DineAtMine Account as a Chef, DineAtMinewill provide a full refund to any Guests with confirmed reservation(s). If you cancel your DineAtMineAccount as a Guest, DineAtMine will initiate a refund for any confirmed reservation(s) based on theMeal’s cancellation policy.˝20.2 Without limiting our rights specified below, DineAtMine may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address (ortwo (2) months’ prior notice for Members contracting with DineAtMine UK).˝20.3 DineAtMine may immediately, without notice terminate this Agreement if (i) you have materiallybreached your obligations under this Agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights;or (iv) DineAtMine believes in good faith that such action is reasonably necessary to protect otherMembers, DineAtMine, DineAtMine, or third parties (for example in the case of fraudulent behavior of aMember).˝20.4 In addition, DineAtMine may limit or temporarily or permanently suspend your use of or access tothe Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, or if (ii) you have breached thesePayments Terms, the DineAtMine Terms, applicable laws, regulations or third-party rights, (iii) you haveprovided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method orPayout Method, or (iv) DineAtMine believes in good faith that such action is reasonably necessary toprotect the personal safety or property of DineAtMine, its Members, DineAtMine, or third parties, or toprevent fraud or other illegal activity.˝20.5 In case of non-material breaches and where appropriate, you will be given notice of any measureby DineAtMine and an opportunity to resolve the issue to DineAtMine' reasonable satisfaction.˝20.6 If you are a Chef and we take any of the measures described in this Section we may refund yourGuests in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, andyou will not be entitled to any compensation for pending or confirmed reservations that were cancelled.˝20.7 If your access to or use of the Payment Services has been limited or this Agreement has been terminated by us, you may not register a new DineAtMine Account or attempt to access and use the Payment Services through other an DineAtMine Account of another Member.˝20.8 In the case that you reside in Germany, if you or we terminate this Agreement, the clauses of these Payments Terms that reasonably should survive termination of these Payments Terms will remain in effect.˝21. DineAtMine Contracting Entity˝21.1 Generally speaking, the DineAtMine entity with whom you are contracting for the Payment Servicesis determined for each payment or payout based on the jurisdiction where the Payment Method orPayout Method was issued. The jurisdictions and the corresponding DineAtMine contracting entity areset forth below:˝Jurisdiction Local Contracting Entity˝United Kingdom ˝DineAtMine, Ltd.˝22. Applicable Law and Jurisdiction˝22.1 If you are contracting with DineAtMine UK, these Payments Terms will be interpreted in accordancewith the laws of the United Kingdom, without regard to conflict-of-law provisions. Judicialproceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 23 must be brought in courts of the UK unless we both agree to some other location. You and weboth consent to venue and personal jurisdiction in courts of the UK.˝22.3 If you are contracting with DineAtMine UK, these Payments Terms will be interpreted in accordancewith English law. The application of the United Nations Convention on Contracts for the InternationalSale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. If you are acting as a consumeryou agree to submit to the non-exclusive jurisdiction of the English courts. Judicial proceedings that youare able to bring against us arising from or in connection with these Payments Terms may only bebrought in a court located in England or a court with jurisdiction in your place of residence. If DineAtMine wishes to enforce any of its rights against you as a consumer, we may do so only in the courts ofthe jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to theexclusive jurisdiction of the English courts.˝23. Dispute Resolution and Arbitration Agreement˝23.1 This Dispute Resolution and Arbitration Agreement shall apply if you (i) are contracting withDineAtMine UK; or (ii) bring any claim against any DineAtMine entity in the United Kingdom (to the extent not in conflict with Section 22).˝23.2 Overview of Dispute Resolution Process. DineAtMine is committed to participating in a consumer friendly dispute resolution process. To that end, these Payments Terms provide for a two-part processfor individuals to whom Section 23.1 applies: (1) an informal negotiation directly with DineAtMine’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association(“ARIAS UK”) using its specially designed Consumer Arbitration Rules (as modified by this Section 23).Specifically, the process provides:˝Claims can be filed with ARIAS UK online (www.arias.org.uk);˝Arbitrators must be neutral and no party may unilaterally select an arbitrator;˝Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;˝Parties retain the right to seek relief in small claims court for certain claims, at their option;˝The initial filing fee for the consumer is capped at £200;˝The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under £25,000, by the submission of documents;˝The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.˝23.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you andDineAtMine each agree to notify the other party of the dispute and attempt to negotiate an informalresolution to it first. We will contact you at the email address you have provided to us; you can contactDineAtMine’s customer service team by emailing us. If after a good faith effort to negotiate one of usfeels the dispute has not and cannot be resolved informally, the party intending to pursue arbitrationagrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the ARIAS UK and the written Demand for Arbitration (available atwww.arias.org.uk) provided to the other party, as specified in the ARIAS UK Rules.˝23.4 Agreement to Arbitrate. You and DineAtMine mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Payment Services (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this ArbitrationAgreement can be enforced or applies to our Dispute, you and DineAtMine agree that the arbitratorwill decide that issue.˝23.5 Exceptions to Arbitration Agreement. You and DineAtMine each agree that the following claimsare exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court ofcompetent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation orviolation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual propertyrights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminentdanger or commission of a crime, hacking, cyber-attack).˝23.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement ofthis provision. The arbitration will be administered by ARIAS UK in accordance with the Consumer Arbitration Rules (the “ARIAS UK Rules“) then in effect, except as modified here. The ARIAS UK Rules areavailable at www.arias.org.uk or by calling the ARIAS UK˝23.7 Modification to ARIAS UK Rules - Arbitration Hearing/Location. In order to make the arbitrationmost convenient to you, DineAtMine agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in San Francisco County; (c) in any other location towhich you and DineAtMine both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under £25,000, by solely the submission of documents to the arbitrator.˝23.8 Modification of ARIAS UK Rules - Attorney’s Fees and Costs. You may be entitled to seek anaward of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the ARIAS UK rules. Unless the arbitrator determines that your claim was frivolous or filedfor the purpose of harassment, DineAtMine agrees it will not seek, and hereby waives all rights it mayhave under applicable law or the ARIAS UK rules, to recover attorneys’ fees and expenses if it prevailsin arbitration.˝23.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusionsupon which the arbitrator based the award. Judgment on the arbitration award may be entered in anycourt with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individualclaim.˝23.10 Jury Trial Waiver. You and DineAtMine acknowledge and agree that we are each waiving the rightto a trial by jury as to all arbitrable Disputes.˝23.11 No Class Actions or Representative Proceedings. You and DineAtMine acknowledge and agreethat we are each waiving the right to participate as a plaintiff or class member in any purported classaction lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and DineAtMine both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over anyform of any class or representative proceeding. If this paragraph is held unenforceable with respect toany Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to suchDispute.˝23.12 Severability. Except as provided in Section 23.11, in the event that any portion of this ArbitrationAgreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.˝23.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Payments Terms”), ifDineAtMine changes this Section 23 (“Dispute Resolution and Arbitration Agreement”) after the dateyou last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject any such change by sending us written notice (including by email) within thirty(30) days of the date such change became effective, as indicated in the “Last Updated” date above orin the date of DineAtMine’ email to you notifying you of such change. By rejecting any change, you areagreeing that you will arbitrate any Dispute between you and DineAtMine in accordance with the provisions of the “Dispute Resolution” section as of the date you last accepted these Payments Terms (oraccepted any subsequent changes to these Payments Terms).˝23.14 Survival. Except as provided in Section 23.12 and subject to Section 20.8, this Section 23 will surviveany termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your DineAtMine Account.˝24. General Provisions˝24.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines, orstandards, these Payments Terms constitute the entire Agreement between DineAtMine and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings oragreements between DineAtMine and you regarding the Payment Services.˝24.2 No joint venture, partnership, employment, or agency relationship exists between you or DineAtMine as a result of this Agreement or your use of the Payment Services.˝24.3 If any provision of these Payments Terms is held to be invalid or unenforceable, such provision willbe struck and will not affect the validity and enforceability of the remaining provisions.˝24.4 DineAtMine’ failure to enforce any right or provision in these Payments Terms will not constitute awaiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies underthese Payments Terms will be without prejudice to its other remedies under these Payments Terms orotherwise permitted under law.˝24.5 You may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without DineAtMine’ prior written consent. DineAtMine may without restriction assign, transfer, ordelegate this Agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ priornotice (or two (2) months’ prior notice for Members contracting with DineAtMine UK). Your right toterminate this Agreement at any time remains unaffected.˝24.6 This Agreement does not and is not intended to confer any rights or remedies upon any personother than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third-party beneficiaries of this Agreement for purposes of enforcing provisions related topayments, but that their consent or agreement is not necessary for any changes or modifications to thisAgreement.˝24.7 Unless specified otherwise, any notices or other communications permitted or required under thisAgreement, will be in writing and given by DineAtMine via email, DineAtMine Platform notification, ormessaging service (including SMS and WeChat). For notices made to Members residing outside of Germany, the date of receipt will be deemed the date on which DineAtMine transmits the notice.˝24.8 If you are contracting with DineAtMine UK you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that DineAtMine UK isnot committed or obliged to use an alternative dispute resolution entity to resolve disputes with consumers.˝25. Additional Clauses for Users Contracting with DineAtMine UK˝The following paragraphs will apply if you are contracting with DineAtMine UK:˝25.1 Payment Service User˝25.1.1 The Payment Services include the payment collection service provided to Chefs contracting withDineAtMine UK. The payment collection service constitutes a “payment service” regulated under thePayment Services Regulations and for these purposes DineAtMine UK treats Chefs as the “paymentservice user.”˝25.1.2 By agreeing to these Payments Terms you as Chef have consented to DineAtMine UK’s paymentof each Payout to your chosen Payout Method. Chefs may change a Payout Method up to one (1) daybefore the time agreed for the Payout as set out in Section 7.2. DineAtMine UK will be deemed to havereceived the Chef's payment order to the Chef on the same date DineAtMine UK agrees to initiate thePayout in accordance with Section 7.2.˝25.1.3 DineAtMine UK will endeavour to ensure but cannot always guarantee that Chefs based in theEEA will receive each Payout by the end of the business day following DineAtMine UK’s initiation of thePayout.˝25.2 Communication. DineAtMine will provide the Chef notice via email when we initiate each Payout.We will also provide notice to a Chef’s registered email address if the Payout is returned to us becauseof an error. It is your responsibility as a Chef to ensure that you provide us with a current, accurate, andvalid email address.˝25.3 Resolution Procedures for Diverted Payouts˝25.3.1 If you as a Chef believe that a Payout properly due to you has been or may be diverted withoutyour permission (“Diverted Payout”) because your password or other credentials to log into yourDineAtMine Account (“Credentials”) are lost or stolen, you should notify DineAtMine UK pursuant toSection 26 immediately. As a Chef you may be liable for losses relating to any Diverted Payout arisingfrom the use of lost, stolen, or misappropriated Credentials (including the loss of a mobile phone onwhich you have installed the Application) or where you have failed to keep your Credentials safe, up toa maximum of £50. Provided that you notify us of any Diverted Payout without delay and at the verylatest within 13 months of the date of the payment, you may be entitled to a refund of that payment.˝25.3.2 We will not be liable for any loss arising from: (i) Diverted Payouts where you acted fraudulentlyor where, with intent or gross negligence, you failed to use the DineAtMine Platform and/or PaymentServices in accordance with the DineAtMine Terms or these Payments Terms (including the obligation tokeep your Credentials safe); (ii) or any payout transaction which we facilitated in accordance with information provided by you where the information you provided was incorrect.˝25.3.3 If you as Chef claim not to have received a Payout properly due to you via your chosen PayoutMethod, DineAtMine UK will (if requested) make immediate efforts to trace the payment and will notifyyou of the outcome. Unless we can prove that the payment was received by you via your chosen Payout Method, we will refund the amount.˝25.3.4 Any complaints about the Payment Services should be made to DineAtMine UK pursuant to Section 26. Complaints that are made in accordance with this section that relate to the provision of Payment Services by DineAtMine UK will be eligible for referral to the Financial Ombudsman and will be subject to the Rules of the Financial Ombudsman Service. The UK Financial Ombudsman Service offer afree complaints resolution service to individuals, micro-enterprises, small charities, and trustees of smalltrusts. You can contact the UK Financial Ombudsman by (i) telephone from inside the UK: 0300 123 9123or 0800 023 4567; from other countries: +44 20 7964 0500, on Monday to Friday, 8am to 8pm and onSaturday 9am to 1pm; (ii) post: South Quay Plaza, 183 Marsh Wall, London E14 9SR; or (iii) email: enquiries@financial-ombudsman.org.uk. The UK Financial Ombudsman Service is also available in a number of different languages and if you need it you will be put in touch with a translator when you contactthe UK Financial Ombudsman Service.˝25.4 Section 8, “Financial Terms for Guests”, shall be amended by adding the following: “You acknowledge that if your DineAtMine Account is located in Brazil and you are paying by credit card, you maypay for your reservation in multiple instalments as long as your credit card supports instalments and isissued in Brazil. The number of instalments may vary, but will be presented to you before you completeyour reservation transaction. You also acknowledge that the Total Fees may be increased in case youchoose to pay for your reservation using credit card instalments.”˝26. Contacting DineAtMine˝You may contact DineAtMine regarding the Payment Services using the information below:˝71-75 Shelton Street,Covent Garden, London, WC2 H9JQ , customerservice@dineatmine.com.uk˝These Payments Terms are available at www.DineAtMine.com.uk/paymentsterms DineAtMine will provide a copy of these Payments Terms on request. If you have any questions about these PaymentsTerms, please email us.˝