Terms OF SERVICE

Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the DineAtMine Platform, you agree to comply with and be bound by these Terms of Service. ˝

 

Please note: Section 19 of these Terms of Service contains an arbitration clause and class action waiver that applies to all DineAtMine Members. If you reside in the United Kingdom, this provision applies 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 with DineAtMine are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully. ˝

 

Last Updated: July 2023˝

Thank you for using DineAtMine! ˝

 

 

These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and DineAtMine (as defined below) governing your access to and use of the DineAtMine website, including any subdomains thereof, and any other websites through which DineAtMine makes the DineAtMine Services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services

(Collectively, "DineAtMine Services"). The Site, Application and DineAtMine Services together

are hereinafter collectively referred to as the “DineAtMine Platform”. Our Chef Guarantee Terms, Guest Refund Policy, Nondiscrimination Policy and other Policies applicable to your use

of the DineAtMine Platform are incorporated by reference into this Agreement. ˝

 

When these Terms mention “DineAtMine,” “we,” “us,” or “our,” it refers to the DineAtMine company you are contracting with.˝ If you reside in the United Kingdom, you are contracting with DineAtMine, 71-75 Shelton Street, Covent Garden, London, WC2 H9JQ United Kingdom.˝

If you change your place of residence, the DineAtMine company you contract with will be determined by your new place of residence as specified above, from the date on which your place of residence changes.

 

Our collection and use of personal information in connection with your access to and use of the DineAtMine Platform is described in our Privacy Policy. ˝

Any and all payment processing services through or in connection with your use of the DineAtMine Platform ("Payment Services") are provided to you by one or more DineAtMine Payments entities (individually and collectively, as appropriate, "DineAtMine Payments") as set out in the Payments Terms of Service ("Payments Terms").˝

 

Chefs alone are responsible for identifying, understanding, and complying with all laws, rules

and regulations that apply to their Menus and Chef Services. For example, some cities have

laws that restrict their ability to chef paying guests for short periods or provide certain Chef Services. In many cities, Chefs may have to register, get a permit or obtain a license before preparing food or serving alcohol for sale.

 

Some cities may require a license. Chefs are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Chef Services they offer. Certain types of Chef Services may be prohibited altogether. Penalties may include fines or other enforcement. We provide some information in our Help Centre to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your Menu(s) and Chef Service(s) on DineAtMine, you should always seek legal guidance.˝

 

Table of Contents

  • Scope of DineAtMine Services˝

  • Eligibility, Using the DineAtMine Platform, Member Verification˝

  • Modification of these Terms˝

  • Account Registration˝

  • Content˝

  • Service Fees˝

  • Terms specific for Chefs˝

  • Terms specific for Guests˝

  • Reservation Modifications, Cancellations and Refunds, Resolution Centre˝ Ratings and Reviews˝

 

  • Damage to Property’s, Disputes between Members˝ Rounding off, Currency conversion˝ Taxes˝

  • Prohibited Activities˝

  • Term and Termination, Suspension and other Measures˝

  • Disclaimers˝

  • Liability˝

  • Indemnification˝

  • Dispute Resolution˝

  • Feedback˝

  • Applicable Law and Jurisdiction˝

  • General Provisions˝

 

1. Scope of DineAtMine Services˝

1.1 The DineAtMine Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Chefs” and the services they offer are “Chef Services”) to publish such Chef Services on the DineAtMine Platform (“Menus”) and to communicate and transact directly with Members that are seeking to book such Chef Services (Members using Chef Services are “Guests”). Chef Services include the offering of meals (“Menu”) ˝

 

1.2 As the provider of the DineAtMine Platform, DineAtMine does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Menus or Chef Services. Chefs alone are responsible for their Menus and Chef Services. When Members make or accept a Reservation, they are entering into a

contract directly with each other. DineAtMine is not and does not become a party to or other

participant in any contractual relationship between Members, nor is DineAtMine a real estate

broker or insurer. DineAtMine is not acting as an agent in any capacity for any Member, except

as specified in the Payments Terms. ˝

1.3 While we may help facilitate the resolution of disputes, DineAtMine has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Menus or Chef Services, (ii) the truth or accuracy of any Menu descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. DineAtMine does not endorse any Member, Menu or Chef Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by DineAtMine about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to visit in an Property, participate in an Experience or Event or use other Chef Services, accept a Reservation request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Menu at the time the photograph was taken, and are therefore not an endorsement by DineAtMine of any Chef or Menu.˝

1.4 If you choose to use the DineAtMine Platform as a Chef or Co-Chef (as defined below), your relationship with DineAtMine is limited to being an independent, third-party contractor, and not an employee, agent, joint venture or partner of DineAtMine for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of DineAtMine.˝

 

1.5 To promote the DineAtMine Platform and to increase the exposure of Menus to potential Guests, Menus and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Menus and other Member Content may be translated, in whole or in part, into other languages. DineAtMine cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The DineAtMine Platform may contain translations powered

 

by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. ˝

1.6 The DineAtMine Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions

and privacy practices. 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-Party Services. Links to such Third-Party Services are not an endorsement by DineAtMine of such Third-Party Services. ˝

1.7 Due to the nature of the Internet, DineAtMine cannot guarantee the continuous and uninterrupted availability and accessibility of the DineAtMine Platform. DineAtMine may restrict the availability of the DineAtMine Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper

 

or improved functioning of the DineAtMine Platform. DineAtMine may improve, enhance and modify the DineAtMine Platform and introduce new DineAtMine Services from time to time.˝

 

2. Eligibility.

Using the DineAtMine Platform, Member Verification˝

 

2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the DineAtMine Platform or register an DineAtMine Account. By accessing or using the DineAtMine Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract. ˝

2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Chef Service(s) are located or take place in a country that is subject to a UK Government 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.˝

 

2.3 DineAtMine may make the access to and use of the DineAtMine Platform, or certain areas or features of the DineAtMine Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or Reservation and cancellation history.˝

2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your

local jurisdiction (if available). ˝

2.5 The access to or use of certain areas and features of the DineAtMine Platform may be subject to

separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to specific area or feature of the DineAtMine Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.˝

 

2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the DineAtMine Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.˝

 

3. Modification of these Terms˝

 

DineAtMine reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the DineAtMine Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the DineAtMine Platform will constitute acceptance of the revised Terms.˝

 

4. Account Registration

 

4.1 You must register an account ("DineAtMine Account") to access and use certain features of the DineAtMine Platform, such as publishing or Reservation a Menu. If you are registering a DineAtMine Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.˝

4.2 You can register an DineAtMine Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your DineAtMine Account and your SNS Account at any time, by accessing the "Settings" section of the DineAtMine Platform.˝

 

4.3 You must provide accurate, current and complete information during the registration process and keep your DineAtMine Account and public DineAtMine Account profile page information up-to- date at all times.˝

 

4.4 You may not register more than one (1) DineAtMine Account unless DineAtMine authorizes you to do so. You may not assign or otherwise transfer your DineAtMine Account to another party.˝

4.5 You are responsible for maintaining the confidentiality and security of your DineAtMine Account credentials and may not disclose your credentials to any third party. You must immediately notify DineAtMine if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your  

 

DineAtMine Account. You are liable for any and all activities conducted through your DineAtMine Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).˝

 

4.6 DineAtMine may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your DineAtMine Account. For example, we may allow Members associated with an Enterprise (as defined in our Privacy Policy) to book for other Members, or we may allow Chefs to add other Members as Co-Chefs (as defined below) to help manage their Menus. These features do not require that you share your credentials with any other person. No third party is authorized by DineAtMine to ask for your credentials, and you shall not request the credentials of another Member. ˝

 

5. Content˝

 

5.1 DineAtMine may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the DineAtMine Platform ("Member Content"); and (ii) access and view Member Content and any content that DineAtMine itself makes available on or through the DineAtMine Platform, including proprietary DineAtMine content and any content licensed or authorized for use by or through DineAtMine from a third party ("DineAtMine Content" and together with Member Content, "Collective Content").˝

5.2 The DineAtMine Platform, DineAtMine Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United Kingdom, Europe and the United States and other countries. You acknowledge and agree that the DineAtMine Platform and DineAtMine Content, including all associated intellectual rights, are the exclusive property of DineAtMine and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the DineAtMine Platform, DineAtMine Content or Member Content. All trademarks, service marks, logos, trade

 

names, and any other source identifiers of DineAtMine used on or in connection with the DineAtMine Platform and DineAtMine Content are trademarks or registered trademarks of DineAtMine in the United Kingdom and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the DineAtMine Platform, DineAtMine Content, and/or Collective Content are used for identification purposes only and may be the property of

their respective owners. ˝

 

5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the DineAtMine Platform or

Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by DineAtMine or its licensors, except for the licenses and rights expressly granted in these Terms. ˝

5.4 Subject to your compliance with these Terms, DineAtMine grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the DineAtMine Platform and accessible to you, solely for your personal and non-commercial use.˝

5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the DineAtMine Platform, you grant to DineAtMine a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the DineAtMine Platform, in any media or platform. Unless you provide

 

specific consent, DineAtMine does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content. ˝

 

5.6 DineAtMine may offer Chefs the option of having professional photographers take photographs of their Chef Services, which are made available by the photographer to Chefs to include in their Menus with or without a watermark or tag bearing the words "DineAtMine.uk.com Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Chef Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the DineAtMine Platform if they no longer accurately represent your Menu, if you stop chefing the Chef Service featured, or if your DineAtMine Account is terminated or suspended for any reason. You acknowledge and agree that DineAtMine shall have the right to use any verified images in advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Menu or otherwise, without further notice or compensation to you. Where DineAtMine is not the exclusive owner of Verified Images, by using such Verified Images on or through the DineAtMine Platform, you grant to DineAtMine an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/ or any other business purposes in any media or platform, whether in relation to your Menu or otherwise, without further notice or compensation to you. DineAtMine in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the DineAtMine Platform solely for your personal and non-commercial use.˝

 

5.7 You are solely responsible for all Member Content that you make available on or through the DineAtMine Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the DineAtMine Platform or you have all rights, licenses, consents and releases that are necessary to grant to DineAtMine the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or

DineAtMine's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other

proprietary or intellectual property rights, or rights of publicity or privacy, or result in the

violation of any applicable law or regulation. ˝ DineAtMine Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the DineAtMine Platform or you have all rights, licenses, consents and releases that are necessary to grant to DineAtMine the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or

DineAtMine's use of the Member Content (or any portion thereof) will infringe, misappropriate

or violate a third party's patent, copyright, trademark, trade secret, moral rights or other

proprietary or intellectual property rights, or rights of publicity or privacy, or result in the

violation of any applicable law or regulation.˝

 

5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates DineAtMine’s Content Policy or any other DineAtMine policy. DineAtMine may, without prior notice, remove or disable access to any Member Content that DineAtMine finds to be in violation of these Terms or DineAtMine’s then-current Policies or Standards, or otherwise may be harmful or objectionable to DineAtMine, its Members, third parties, or property. ˝

 

5.9 DineAtMine respects copyright law and expects its Members to do the same. If you believe that any content on the DineAtMine Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy. ˝

 

6. Service Fees˝

 

6.1 DineAtMine may charge fees to Chefs ("Chef Fees") and/or Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the DineAtMine Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.˝

 

6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Chef or Guest prior to publishing or Reservation a Menu. DineAtMine reserves the right to change the Service Fees at

 

any time, and we will provide Members adequate notice of any fee changes before they become effective.˝

 

6.3 You are responsible for paying any Service Fees that you owe to DineAtMine. The applicable Service

 

Fees are due and payable and collected by DineAtMine Payments pursuant to the Payments Terms. Except as otherwise provided on the DineAtMine Platform, Service Fees are non-refundable.˝

 

7. Terms specific for Chefs˝

7.1 Terms applicable to all Menus˝

 

7.1.1 When creating a Menu through the DineAtMine Platform you must (i) provide complete and accurate information about your Chef Service (such as menu description, location, and calendar availability),

(ii)          disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by DineAtMine. You are responsible for keeping your Menu information (including calendar availability) up-to-date at all times.˝

7.1.2 You are solely responsible for setting a price (including any Taxes if applicable) for your Menu (“Menu Fee”). Once a Guest requests a Reservation of your Menu, you may not request that the Guest pays a higher price than in the Reservation request.˝

7.1.3 Any terms and conditions included in your Menu, in particular in relation to cancellations, must not conflict with these Terms or the cancellation policy you have selected for your Menu.˝

7.1.4 Pictures, animations or videos (collectively, "Images") used in your Menus must accurately reflect the quality and condition of your Chef Services and the dedicated dining area if applicable. DineAtMine reserves the right to require that Menus have a minimum number of Images of a certain format, size and resolution, well lit and visually striking.˝

7.1.5 The placement and ranking of Menus in search results on the DineAtMine Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Guest’s current GPRS location, Chef requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Chef Service, and/or ease of reserving.˝

 

7.1.6 When you accept or have pre-approved a Reservation request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Chef Service(s) to the Guest as described in your Menu when the Reservation request is made. You also agree to pay the applicable Chef Fee and any applicable Taxes, which will be collected pursuant to the Payments Terms. ˝

7.1.7 DineAtMine recommends that Chefs obtain appropriate insurance for their Chef Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest has booked for, if applicable) while visiting at your Property or participating in your Experience, Event or other Chef Service.˝

 

7.2 Menu Properties˝

7.2.1 You may only list one meal per Meal Category (aka 1 Brunch, 1 Lunch, 1Tea and 1Dinner).”

7.2.2 If you choose to require a security deposit for your Property in order to be able to host, there˝ is no such provision at this point˝

7.2.3 You represent and warrant that any Menu you post and the Reservation of, or a Guest's visit at, an Property will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Chef, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Property at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Property, if applicable).˝

 

 

7.3 Menu Experiences, Events and other Chef Services˝

 

7.3.1 To list an Experience, Event or other Chef Service, you must create a Menu and submit the Experience, Event or Chef Service to DineAtMine. To be considered for publishing on the DineAtMine Platform, Experiences, Events or other Chef Services must at all times meet the quality standards for Experiences and meet Guest demand. DineAtMine reserves the right to decide, in its sole discretion, if a submitted Experience, Event or other Chef Service will be published on the DineAtMine Platform. ˝

7.3.2 When menu an Experience, Event or other Chef Service you must, where applicable, fully educate and inform Guests about (i) any risks inherent to the Experience, Event or other Chef Service, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Experience, Event or other Chef Service (including dress codes, equipment, special certifications or licenses, etc.).˝

7.3.3 If you wish to list an Experience on behalf of a Nonprofit (“Social Impact Experience”), you must comply with the eligibility requirements for chefing a Social Impact Experience. When menu a Social Impact Experience you (i) represent and warrant that you are duly authorized to act on behalf of your Nonprofit and (ii) acknowledge and agree that all payouts will be directed to an account owned by your Nonprofit. You and your Nonprofit acknowledge that menu a Social Impact Experience does not create a commercial fundraising or co-venture, or charitable trust relationship with DineAtMine and DineAtMine is not a professional fundraiser or commercial participator. Nonprofits, and not DineAtMine, are responsible for determining what, if any, portion of their Menu Fee is a charitable contribution and for providing Guests charitable tax receipts for any applicable charitable contributions. You and your Nonprofit are solely responsible for complying with all laws that apply to your organization and your Social Impact Experience. ˝

7.3.4 You represent and warrant that you (i) understand and comply with all laws, rules and regulations that may apply to your Experience, Event or other Chef Service(s), and (ii) will obtain any required licenses, permits, or registrations prior to providing your Experience, Event or other Chef Service(s). You can find additional information about some of the legal obligations that may apply to you on our Responsible Chefing pages.˝

 

7.3.5 You must provide an Experience, Event or other Chef Service in person and may not allow any third party to provide the Experience, Event or other Chef Service on your behalf, unless authorized by DineAtMine. ˝

 

8. Terms specific for Guests˝

 

8.1 Terms applicable to all Reservations˝

8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by the Chef, you can book a Menu available on the DineAtMine Platform by following the respective Reservation process. All applicable fees, including the Menu Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to Reservation a Menu. You agree to pay the Total Fees for any Reservation requested in connection with your DineAtMine Account. ˝

 

8.1.2 Upon receipt of a Reservation confirmation from DineAtMine, a legally binding agreement is formed between you and your Chef, subject to any additional terms and conditions of the Chef that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Menu. DineAtMine Payments will collect the Total Fees at the time of the Reservation request or upon the Chef’s confirmation pursuant to the Payments Terms.˝

 

8.1.3 If you book a Chef Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Chef, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Chef. If you are Reservation for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Chef Service if accompanied by an adult who is responsible for them. ˝

 

8.2 Reservation Property’s˝

8.2.1 You understand that a confirmed Reservation of an Property (“Property Reservation”) is a limited license granted to you by the Chef to enter, occupy and use the Property for the duration of your visit, during which time the Chef (only where and to the extent permitted by applicable law) retains the right to re-enter the Property, in accordance with your agreement with the Chef.˝

8.2.2 You agree to leave the Chef’s property no later than the leave time that the Chef specifies with you individually or such other time as mutually agreed upon between you and the Chef. ˝

8.3 Reservation Experiences, Events and other Chef Services˝

8.3.1 You should carefully review the description of any Experience, Event or other Chef Service you intend to book to ensure you (and any additional guests you are Reservation for) meet any minimum age, proficiency, fitness or other requirements which the Chef has specified in their Menu. You are required to inform the Chef of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to safely participate in any Experience, Event or other Chef Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Chef Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other Chef Service. ˝

8.3.2 Before and during an Experience, Event or other Chef Service you must at all times

adhere to the Chefs’ instructions. ˝

8.3.3 You may not bring any additional individuals to an Experience, Event or other Chef Service unless such an individual was added by you as an additional guest during the Reservation process on the DineAtMine Platform. ˝

 

9. Reservation Modifications, Cancellations and Refunds, Resolution Centre˝

 

9.1 Chefs and Guests are responsible for any modifications to a Reservation that they make via the DineAtMine Platform or direct DineAtMine customer service to make ("Reservation Modifications"), and agree to pay any additional Menu Fees, Chef Fees or Guest Fees and/or Taxes associated with such Reservation Modifications. ˝

9.2 Guests can cancel a confirmed Reservation at any time subject to the Menu’s cancellation policy, and DineAtMine Payments will provide any refund to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any amounts due to the Chef under the applicable cancellation policy will be remitted to the Chef by DineAtMine Payments pursuant to the Payments Terms. ˝

 

9.3 If a Chef cancels a confirmed Reservation, the Guest will receive a full refund of the Total

Fees for such Reservation and DineAtMine may publish an automated review on the Menu cancelled by the Chef indicating that a Reservation was cancelled. In addition, DineAtMine

 

may (i) keep the calendar for the Menu unavailable or blocked for the dates of the cancelled Reservation, and/or (ii) impose a cancellation fee, unless the Chef has a valid reason for cancelling the Reservation pursuant to DineAtMine’s Extenuating Circumstances Policy or has legitimate concerns about the Guest’s behaviour.˝

9.4 For Experiences, Events and other Chef Services, if inclement weather creates an unsafe or uncomfortable scenario for Guests, Chefs may modify or cancel a Chef Service. If there is a substantial change in the itinerary or the Chef Service needs to be cancelled, DineAtMine will work with the Chef to provide Guests an alternative date for the Chef Service, an appropriate refund or a Reservation.˝

9.5 In certain circumstances, DineAtMine may decide, in its sole discretion, that it is necessary to cancel a confirmed Reservation and make appropriate refund and payout decisions. This may be for reasons set forth in DineAtMine's Extenuating Circumstances Policy or (i) where DineAtMine believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to DineAtMine, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.˝

9.6 If a Guest suffers a Travel Issue pursuant to the Guest Refund Policy, DineAtMine may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy. ˝

 

9.7 Members may use the Resolution Centre to send or request money for refunds, additional Chef Services, Co-Chef Services or Damage Claims related to Reservations. You agree to pay all amounts sent through the Resolution Centre in connection with your DineAtMine Account, and DineAtMine Payments will handle all such payments pursuant to the Payments Terms.˝

9.8 Non-Payment˝

 

If Guest is in “default”, meaning the Guest fails to pay the Chef Fees or any other amounts when due under the Terms of Service, or a written agreement for payment terms incorporating the Terms of Service (signed by an authorized representative of DineAtMine), DineAtMine will be entitled to the remedies described in this Section 9.8 in addition to such other remedies that may be available under applicable law or in such written agreement. For the avoidance of doubt, Guest will be deemed to be in default on default on the earliest occurrence of any of the following: (a) Guest fails to pay the Chef Fees when due,

(b) Guest fails to pay a balance that is due or to bring, within a reasonable period of time but no more than 30 days, an account current after a credit or debit card is declined or expires, (c) Guest fails to pay an invoice issued to the Guest by DineAtMine within the time period agreed or, if none, within 30 days, (d) Guest initiates a chargeback with a bank or other financial institution resulting in a charge made by DineAtMine for Chef Fees or such other amount due being reversed to the Guest, or (e) Guest takes

other actions or fails to take any action that results in a negative or past-due balance on the Guest’s account.˝If Guest is in default, we may, without notice, temporarily or permanently close Guest’s Account and revoke Guest’s access to the Site and Site Services, including Guest’s authority to use the Site to process any additional payments, enter into Service Contracts, or obtain any additional Chef Services from other Users through the Site. However, Guest will remain responsible for any amounts that accrue on any open Projects at the time a limitation is put on the Guest’s Account as a result of the default.

Without limiting other available remedies, Guest must pay DineAtMine upon demand for any amounts owed, plus interest on the outstanding amount at the lesser of one and one-half percent (1.5%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law. At our discretion and to the extent permitted by applicable law, DineAtMine or its Affiliates, DineAtMine Escrow or Elance Ltd., may, without notice, charge all or a portion of the amount that is owed to any Payment Method on file on the Guest’s Account; set off amounts due against other amounts received from Guest or held by for Guest by DineAtMine, DineAtMine Escrow or another Affiliate; make appropriate reports to credit reporting agencies and law enforcement authorities; and cooperate with credit reporting agencies and law enforcement authorities in any investigation or prosecution.˝

9.9 No Return Of Funds˝

 

Guest acknowledges and agrees that DineAtMine or its Affiliates, DineAtMine Escrow and will charge Guest’s designated Payment Method for the Chef Fees incurred as described in the applicable Escrow Instructions and the Fee and ACH Authorization Agreement and that once DineAtMine or its Affiliates, DineAtMine Escrow debits the Guest’s designated Payment Method for the Chef Fees, the charge or  debit is non-refundable, except as otherwise required by applicable law. Guest also acknowledges and agrees that the Terms of Service provide a dispute resolution process as a way for Guest resolve disputes. To the extent permitted by applicable law, Guest therefore agrees not to ask its credit card company, bank, or other Payment Method provider to charge back any Chef Fees or other fees charged pursuant to the Terms of Service for any reason. A chargeback in breach of the foregoing obligation is a

material breach of the Terms of Service. If Guest initiates a chargeback in violation of this

Agreement, Guest agrees that DineAtMine or its Affiliates, DineAtMine Escrow may dispute or appeal the chargeback and institute collection action against Guest and take such other action it deems appropriate. ˝

 

10. Ratings and Reviews˝

10.1 Within a certain timeframe after completing a Reservation, Guests and Chefs can leave a

Public review (“Review”) and submit a star rating (“Rating”) about each other. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of DineAtMine. Ratings and Reviews are not verified by DineAtMine for accuracy and may be incorrect or misleading. ˝

10.2 Ratings and Reviews by Guests and Chefs must be fair, truthful and factual and may not

Contain any offensive or defamatory language. Ratings and Reviews must comply with DineAtMine’s Content Policy and Extortion Policy. ˝

10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party write a positive or negative Review about another Member.˝

 

11. Damage to Properties, Disputes between Members˝

11.1 As a Guest, you are responsible for leaving the Property (including any personal or other property located at the Property) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Property, excluding the Chef (and the individuals the Chef invites to the Property, if applicable).˝

 

 

11.2 If a Chef claims and provides evidence that you as a Guest have damaged an Property or any personal or other property at an Property ("Damage Claim"), the Chef can seek payment from you through our Resolution Centre. If a Chef escalates a Damage Claim to DineAtMine, you will be given an opportunity to respond. If you agree to pay the Chef, or DineAtMine determines in its sole discretion that you are responsible for the Damage Claim, DineAtMine Payments will collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. DineAtMine also reserves the right to otherwise collect payment from you and pursue any remedies available to DineAtMine in this regard 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 Chef Guarantee. ˝

11.3 Members agree to cooperate with and assist DineAtMine in good faith, and to provide

DineAtMine with such information and take such actions as may be reasonably requested by DineAtMine, in connection with any Damage Claims or other complaints or claims made by Members relating to Properties or any personal or other property located at an Property (including, without limitation, payment requests made under the DineAtMine Chef Guarantee), Experiences, or Co-Chef agreements. A Member shall, upon DineAtMine's reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by DineAtMine or a third party selected by DineAtMine or its insurer, with respect to losses for which a Member is

requesting payment from DineAtMine (including but not limited to payments under the

DineAtMine Chef Guarantee).˝

11.4 If you are a Guest or a Co-Chef, you understand and agree that DineAtMine may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to an Property or any personal or other property located at an Property (including without limitation amounts paid by DineAtMine under the DineAtMine Chef Guarantee). You agree to cooperate with and assist DineAtMine in good faith, and to provide DineAtMine with such information as may be reasonably requested by DineAtMine, to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as DineAtMine may reasonably request to assist DineAtMine in accomplishing the foregoing. ˝

 

12. Rounding off, Currency conversion˝

12.1 DineAtMine may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Chefs to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest GBP, euro or other supported currency); for example, DineAtMine will round up an amount of £101.50 to £102.00, and round down an amount of £101.49 to £101.00. For currencies that are denominated in large numbers, DineAtMine may an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 837,500 up to 838,000 and

837,499 down to 837,000. ˝

12.2 The DineAtMine Platform facilitates Reservations between Guests and Chefs who may prefer to pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences. Although the DineAtMine Platform allows Members to view the price of Menus in a number of currencies, the currencies available for Members to make and receive payments may be limited, and may not include the default currency in any given geographic location. Details regarding currency conversion, including any associated fees, are detailed in the Payments Terms.

 

13. Taxes˝

13.1 As a Chef you are solely responsible for determining your obligations to report, collect,

remit or include in your Menu Fees any applicable VAT or other indirect sales taxes, tourist or

other visitor taxes or income taxes ("Taxes").˝

13.2 Tax regulations may require us to collect appropriate Tax information from Chefs, or to withhold Taxes from payouts to Chefs, or both. If a Chef fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.˝

13.3 You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your place or residency is located may require Taxes to be collected from Guests or Chefs on Menu Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Menu Fees set by Chefs, a set amount per day.˝

13.4 In certain jurisdictions, DineAtMine may decide in its sole discretion to facilitate collection and remittance of Sales Taxes from or on behalf of Guests or Chefs, in accordance these Terms ("Collection and determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; for example, DineAtMine may round up

Remittance") if such jurisdiction asserts DineAtMine or Chefs have a Sales Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize DineAtMine (via DineAtMine Payments) to collect Sales Taxes from Guests on the Chef's behalf at the time Menu Fees are collected, and to remit such Sales Taxes to the Tax Authority. The amount of Sales Taxes, if any, collected and remitted by DineAtMine will be visible to and separately stated to both Guests and Chefs on their respective transaction documents. Where DineAtMine is facilitating Collection and Remittance, Chefs are not permitted to collect any Sales Taxes being collected by DineAtMine relating to their Property’s in that jurisdiction. ˝

 

13.5 You agree that any claim or cause of action relating to DineAtMine's facilitation of Collection and Remittance of Sales Taxes shall not extend to any supplier or vendor that may be used by DineAtMine in connection with facilitation of Collection and Remittance, if any. Guests and Chefs agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Sales Taxes collected is a refund of Sales Taxes collected by DineAtMine from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.˝

 

13.6 DineAtMine reserves the right, with prior notice to Chefs, to cease the Collection and Remittance in any jurisdiction for any reason at which point Chefs and Guests are once again solely responsible and liable for the collection and/or remittance of any and all Sales Taxes that may apply to Property’s in that jurisdiction.˝

 

 

 

14. Prohibited Activities˝

14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the DineAtMine Platform. In connection with your use of the DineAtMine Platform, you will not and will not assist or enable others to:˝breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards; use the DineAtMine Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies DineAtMine endorsement, partnership or otherwise misleads others as to your affiliation with DineAtMine; copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the DineAtMine Platform in any way that is inconsistent with DineAtMine’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties; use the DineAtMine Platform in connection with the distribution of unsolicited commercial messages (“spam"); offer, as a Chef, book any Menu if you will not actually be using the Chef Services yourself; contact another Member for any purpose other than asking a question related to a your own Reservation, Menu, or the Member's use of the DineAtMine Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval; use the DineAtMine Platform to request, make or accept a Reservation independent of the DineAtMine Platform, to circumvent any Service Fees or for any other reason; request, accept or make any payment for Menu Fees outside of the DineAtMine Platform or DineAtMine Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of

 

these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold DineAtMine harmless from any liability for such payment; discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;˝ use, display, mirror or frame the DineAtMine Platform or Collective Content, or any individual element within the DineAtMine Platform, DineAtMine's name, any DineAtMine trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the DineAtMine

 

Platform, without DineAtMine's express written consent; dilute, tarnish or otherwise harm the DineAtMine brand in any way, including through unauthorized use of Collective Content, registering and/or using DineAtMine or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to DineAtMine domains, trademarks, tag lines, promotional campaigns or Collective Content; use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the DineAtMine Platform for any purpose; avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to

 

circumvent any technological measure implemented by DineAtMine or any of DineAtMine's providers or any other third party to protect the DineAtMine Platform; attempt to decipher, decompile, disassemble

or reverse engineer any of the software used to provide the DineAtMine Platform; take any

action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the DineAtMine Platform; export, re-export, import, or transfer the Application except as authorised by United Kingdom law, the export control laws of your jurisdiction, and any other applicable laws; or violate or infringe anyone else’s rights or otherwise cause harm to anyone.˝

14.2You acknowledge that DineAtMine has no obligation to monitor the access to or use of

The DineAtMine Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the DineAtMine Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist DineAtMine in good faith, and to provide DineAtMine with such information and take such actions as may be reasonably requested by DineAtMine with respect to any investigation undertaken by DineAtMine or a representative of DineAtMine regarding the use or abuse of the DineAtMine Platform. ˝

14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to DineAtMine by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.˝

 

15. Term and Termination, Suspension and other Measures˝

15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or DineAtMine terminate the Agreement in accordance with this provision. ˝

15.2 You may terminate this Agreement at any time via the "Cancel Account" feature on the DineAtMine Platform or by sending us an email. If you cancel your DineAtMine Account as a Chef, any confirmed Reservation(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel

your DineAtMine Account as a Guest, any confirmed Reservation(s) will be automatically cancelled and any refund will depend upon the terms of the Menu’s cancellation policy.˝

15.3 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. ˝

15.4 DineAtMine may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards,(ii)you have violated applicable laws, regulations or third party rights, or (iii) DineAtMine believes in good faith that such action is reasonably necessary to protect the personal safety or property of DineAtMine, its Members, or third parties (for example in the case of fraudulent behavior of a Member).˝

15.5 In addition, DineAtMine may take any of the following measures (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 these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the DineAtMine Account registration, Menu process or thereafter, (iv) you and/or your Menus or Chef Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or DineAtMine otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed Reservations or failed to respond to Reservation requests without a valid reason, or (vii) DineAtMine believes in good faith that such action is reasonably necessary to protect the personal safety or property of DineAtMine, its Members, or third parties, or to prevent fraud or other illegal activity:˝refuse to surface, delete or delay any Menus, Ratings, Reviews, or other Member Content;˝ cancel any pending or confirmed Reservations;˝ limit your access to or use of the DineAtMine Platform;˝ temporarily or permanently revoke any special status associated with your DineAtMine Account; or˝ temporarily or in case of severe or repeated offences permanently suspend your DineAtMine Account.˝ In case of non-material breaches and where appropriate, you will be given notice of any intended measure by DineAtMine and an opportunity to resolve the issue to DineAtMine's reasonable satisfaction.˝

15.6 If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed Reservations that have been cancelled, irrespective of preexisting cancellation policies, and (ii)  you will not be entitled to any compensation for pending or confirmed Reservations that were cancelled.˝

15.7 When this Agreement has been terminated, you are not entitled to a restoration of your DineAtMine Account or any of your Member Content. If your access to or use of the DineAtMine Platform has been limited or your DineAtMine Account has been suspended or this Agreement has been terminated by us, you may not register a new DineAtMine Account or access and use the DineAtMine Platform through an DineAtMine Account of another Member.˝

15.8 Unless you reside in Germany, if you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.˝

 

 

 

16. Disclaimers˝

If you choose to use the DineAtMine Platform or Collective Content, you do so voluntarily and at your sole risk. The DineAtMine Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.˝ You agree that you have had whatever opportunity you deem necessary to investigate the DineAtMine Services, laws, rules, or regulations that may be applicable to your Menus and/or Chef Services you are receiving and that you are not relying upon any statement of law or fact made by DineAtMine relating to a Menu.˝ If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future. ˝You agree that some Experiences, Events or other Chef Services may carry inherent risk, and by participating in those Chef Services, you choose to assume those risks voluntarily. For example, some Chef Services may carry risk of illness, bodily injury, disability, or death, and you freely and wilfully assume those risks by choosing to participate in those Chef Services. You assume full responsibility for the choices you make before, during and after your participation in a Chef Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Chef Service and to the maximum extent permitted by law, you agree to release and hold harmless DineAtMine from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Chef Service or in any way related to your Chef Service. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.˝

 

17. Liability˝

17.1 Unless you reside in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the DineAtMine Platform and Collective Content, your publishing or Reservation of any Menu via the DineAtMine Platform, your visit at any Property, participation in any Experience or Event or use of any other Chef Service or any other interaction you have with other Members whether in person or online remains with you. Neither DineAtMine nor any other party involved in creating, producing, or delivering the DineAtMine Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the 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 Terms, (ii) from the use of or inability to use the

DineAtMine Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the DineAtMine Platform, or (iv) from your publishing or Reservation of a Menu, including the provision or use of a Menu’s Chef 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 the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obli

gations to pay amounts to applicable Chefs pursuant to these Terms or an approved payment request under the DineAtMine Chef Guarantee, in no event will DineAtMine’s aggregate liability arising out of or in connection with these Terms and your use of the DineAtMine Platform including, but not limited to, from your publishing or Reservation of any Menus via the DineAtMine Platform, or from the use of or inability to use the DineAtMine Platform or Collective

Content and in connection with any Property, Experiences, Event or other Chef Service, or interactions with any other Members, exceed the amounts you have paid or owe for Reservations via the DineAtMine Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Chef, the amounts paid by DineAtMine to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred GBPs (£100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain 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 reside outside of the UK., this does not affect DineAtMine’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.˝

17.2 If you reside in the EU, DineAtMine is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable 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 must trust for the proper execution of

the contract but the amount shall be limited to the typically occurring foreseeable damage. Any

additional liability of DineAtMine is excluded. ˝

 

18. Indemnification˝

You agree to release, defend (at DineAtMine’s option), indemnify, and hold DineAtMine and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, 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 Terms or our Policies or Standards, (ii) your improper use of the DineAtMine Platform or any DineAtMine Services, (iii) your interaction with any Member, visit at an Property, participation in an Experience, Event or other Chef Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, visit, participation or use, (iv) DineAtMine’s Collection and Remittance of Sales Taxes, or (v) your breach of any laws, regulations or third party rights.˝

 

19. Compliance with standard health regulations

DineAtMine has also taken the required guideline and health measure to protect its Members on every health issues that may be arises. DineAtMine Chefs are also required to comply with all health guidelines related to the Covid 19 and all other health crisis.

 

 

 

20. Dispute Resolution and Arbitration Agreement˝

20.1 This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the United Kingdom; or (ii) do not reside in the United Kingdom, but bring any claim against DineAtMine in the United Kingdom (to the extent not in conflict with Section 22). ˝

20.2 Overview of Dispute Resolution Process. DineAtMine is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two- part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with DineAtMine’s customer service team, and (2) a binding arbitration administered by “ARIAS” using its specially designed Consumer Arbitration Rules (as modified by this Section 19). Specifically, the process provides:˝Claims can be filed with ARIAS online (arias.org.uk/about/);˝ 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.˝

20.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and DineAtMine each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact DineAtMine’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees 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 and the written Demand for Arbitration (available at

arias.org.uk/about/) provided to the other party, as specified in the ARIAS Rules.˝

20.4 Agreement to Arbitrate. You and DineAtMine mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the DineAtMine Platform, the Chef Services, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and

DineAtMine agree that the arbitrator will decide that issue.˝

20.5 Exceptions to Arbitration Agreement. You and DineAtMine each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or

commission of a crime, hacking, cyber-attack). ˝

20.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by ARIAS in accordance with the Consumer Arbitration Rules (the “ARIAS Rules“) then in effect, except as modified here. The ARIAS Rules are available at arias.org.uk/about/˝

 

 

 

20.7 Modification to ARIAS Rules - Arbitration Hearing/Location. In order to make the arbitration most 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 London County; (c) in any other location to which 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.˝

20.8 Modification of ARIAS Rules - Attorney’s Fees and Costs. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the ARIAS rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, DineAtMine agrees it will not seek, and hereby waives all rights it may have under applicable law or the ARIAS rules, to recover attorneys’ fees and expenses if it prevails in arbitration. ˝

20.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court 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 individual claim. ˝

20.10 Jury Trial Waiver. You and DineAtMine acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes. ˝

20.11 No Class Actions or Representative Proceedings. You and DineAtMine acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action 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 any

form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute. ˝

20.12 Severability. Except as provided in Section 20.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect. ˝

20.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if DineAtMine changes this Section 20 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these 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 or in the date of DineAtMine’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and DineAtMine in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).˝

20.14 Survival. Except as provided in Section 19.12 and subject to Section 15.8, this Section

19 will survive any termination of these Terms and will continue to apply even if you stop using the DineAtMine Platform or terminate your DineAtMine Account. ˝

us will be considered non-confidential and non-proprietary to you. By submitting Feedback 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 to you. ˝

 

21. Feedback

˝We welcome and encourage you to provide feedback, comments and suggestions for improvements to the DineAtMine Platform (“Feedback “). You may submit Feedback by emailing us, through the “Contact” section of the DineAtMine Platform, or by other means of communication. Any Feedback you submit to

22. Applicable Law and Jurisdiction˝

22.1 If you reside in the United Kingdom, these Terms will be interpreted in accordance with the laws of the United Kingdom, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 20 must be brought in state or federal court in London, UK, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in London, UK. ˝

22.2 If you reside outside of the United Kingdom, these Terms will be interpreted in accordance with Irish law. The application of the United Nations Convention on Contracts for the International Sale 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 consumer, you agree to submit to the non-exclusive jurisdiction of the Irish courts. Judicial proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in a court located in Ireland 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 of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts. ˝

 

23. General Provisions˝

 

23.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between DineAtMine and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between DineAtMine and you in relation to the access to and use of the DineAtMine Platform.˝

23.2 No joint venture, partnership, employment, or agency relationship exists between you and DineAtMine as a result of this Agreement or your use of the DineAtMine Platform. ˝

23.3 These Terms do not and are not intended to confer any rights or remedies upon any

person other than the parties. ˝

23.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. ˝

23.5 DineAtMine’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law. ˝

23.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without DineAtMine's prior written consent. DineAtMine may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected. ˝

 

23.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by DineAtMine via email, DineAtMine Platform notification, or messaging service (including SMS and WeChat). For notices made to Members residing outside of UK, the date of receipt will be deemed the date on which DineAtMine transmits the notice. ˝

 

22.8 If you reside in the EU you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that DineAtMine Ireland is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.˝ 22.9 If you have any questions about these Terms ˝ please email us at customerservice@dineatmine.uk.com

Have the best home cooked food through DineAtMine