By accessing or using the Services or by clicking “accept” or “agree” to this Agreement, (1) you represent and certify that you are of legal age and not prohibited by law from accessing or using the Services (including, if applicable, purchasing, giving, using, or redeeming any vouchers or gift cards (as such terms are defined herein)).(2) you acknowledge that you have read, understand, and agree to be bound by this Agreement.
VIP Dine Ltd and Reserved may update or revise this Agreement (including any Restaurants, VIP Dine Ltd and Reserved Policies) from time to time.
You agree that you will review this Agreement periodically.
You are free to decide whether to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services.
You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement.
If you do not agree to the terms of this Agreement or any modified version of this Agreement, you must terminate your use of the Services, in which case you will no longer have access to your booking or account (as defined below). Except stated by us, any use of the Services (e.g., the use of the Reservation Services, Waitlist Services, Payment Services, or the purchase of Vouchers or Gift Cards is subject to the version of this Agreement in effect at the time of use.
User agrees to use the Reservation Services or Waitlist Services only to book reservations or join waitlists at Restaurants and then honour those reservations or waitlist requests by arriving at the Restaurants on time and ordering and paying for meals.
User further agrees not to book more than one reservation or join more than one waitlist for User’s personal use during any one mealtime (e.g., lunch, dinner, etc.).. Resale or attempted resale of reservations or waitlist spots is prohibited and is grounds for, among other things, cancellation of your reservations, removal from the waitlist or termination of your access to the Services.
From time to time, VIP Dine Ltd and Reserved may offer additional Services such as payment services made available on the platform for Restaurant Sites (the “Payment Services”), electronic and physical gift cards and gift certificates issued by Restaurants or Food and Beverage Outlets, electronic gift cards and gift certificates issued by participating third-party restaurants (each, a “Merchant Gift Card”) and other services.
You may (but are not required to) create an account with VIP Dine Ltd or Reserved or The Restaurant Site (“Account”) in order to use the Reservation Services, Waitlist Services or to purchase, gift, or redeem (as applicable).
However, you must have an Account in order to use the Payment Services. When registering for an Account, you must provide true, accurate, current, and complete data about yourself on the restaurant’s registration form (“Registration Data”).
You also agree to promptly update the Registration Data to keep it true, accurate, current, and complete.
You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you.
You agree to immediately notify the individual restaurant used or VIP Dine Ltd or Reserved of any unauthorized use of your Account or any other breach of security related to your use of the Services.
Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier data or text message charges resulting from your use of the Services, including from any notifications provided by the Services.
In order to use the text message-based services, you must maintain an active account with a carrier of electronic communications through mobile devices and you may not use a prepaid cellular phone to access such text message services.
VIP Dine Ltd and Reserved or the restaurant site does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers.
VIP Dine Ltd , Reserved and the participating restaurant (restaurant site where the booking has been made) reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Reserved, VIP Dine Ltd and Restaurants, and/or Merchants. Restaurants, VIP Dine and Reserved shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.
The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws.
All text, graphical content, video, data, and other content made available through the Services are provided to User by Restaurant partner of VIP Dine and Reserved or its partners or licensors solely to support User’s permitted use of the Services.
Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the Restaurant Content by User shall constitute a material breach of this Agreement.
VIP Dine and Reserved and its partners or licensors retain all rights in the Services and content any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of VIP Dine and Reserved or any third party is granted under this Agreement.
Subject to the terms and conditions of this Agreement, VIP Dine and Reserved or Restaurant and Bar Partner grants User a non-exclusive, non-transferable, revocable license to use the VIP Dine and Reserved mobile applications, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted use of the Services.
The Services and VIP Dine and Reserved Content are offered solely for User’s personal use for the purposes described in this Agreement.
Any and all other uses are prohibited.
Restaurants, VIP Dine and Reserved where the bookings are being made for expressly reserves all its rights and remedies under applicable laws (including state, federal, and provincial/territorial laws).
Restaurants, VIP Dine and Reserved reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services.
You agree not to (and not to allow any third party to):
(1) use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Services or Restaurants, VIP Dine and Reserved Content, except as expressly authorized by Restaurants, VIP Dine and Reserved;
(2) take any action that imposes or may impose (in Restaurants, VIP Dine and Reserved’s sole determination) an unreasonable or a disproportionately large load on the Services or Restaurants, VIP Dine and Reserved’s infrastructure.
(3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services;
(4) rent, lease, copy, provide access to or sublicense any portion of the Services or Restaurants, VIP Dine and Reserved to a third party;
(5) use any portion of the Services or Restaurants, VIP Dine and Reserved’s Content to provide, or incorporate any portion of the Services or Content into, any product or service provided to a third party;
(6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Restaurants, VIP Dine and Reserved);
(7) modify any Services or Content or create any derivative product from any of the foregoing;
(8) remove or obscure any proprietary or other notices contained in the Services or Content ;
(9) use the Services or Restaurants, VIP Dine and Reserved’s Content for any illegal purpose; or
(10) publicly disseminate information regarding the performance of the Services or Restaurants, VIP Dine and Reserved Content or access or use the Services or Restaurants, VIP Dine and Reserved Content for competitive analysis or benchmarking purposes.
Although the Restaurants, VIP Dine and Reserved Sites may be accessible worldwide, not all features or services discussed, referenced, provided or offered through or on the Restaurants, VIP Dine and Reserved Sites are available to all persons or in all geographic locations, or appropriate or available for use
You may not use, export, or re-export any Restaurants, VIP Dine and Reserved Sites or other aspects of the Services (or any copy or adaptation of the foregoing) in violation of applicable law.
Restaurants, VIP Dine and Reserved may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation.
Without limiting the foregoing, Restaurants, VIP Dine and Reserved may suspend your access to the Services if we believe you to be in violation of any part of this Agreement (including any Restaurants, VIP Dine and Reserved Policies). After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account, and, where applicable, you may lose access to and be unable to use any accumulated dining points.
You agree that Restaurants, VIP Dine and Reserved shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement.
You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which Restaurants, VIP Dine and Reserved will have no liability whatsoever.
You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by Restaurants, VIP Dine and Reserved and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity).
You will indemnify, hold harmless, and (at Restaurants, VIP Dine and Reserved’s request) defend Restaurants, VIP Dine and Reserved, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “Restaurants, VIP Dine and Reserved Parties”) from and against all claims resulting from (1) any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of this Agreement.
EXCEPT AS EXPRESSLY SPECIFIED HEREIN, IN NO EVENT SHALL THE VIP Dine LTD , RESERVED or RESTAURANT PARTNERS HOLDING SITE BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH
(1) THIS AGREEMENT (INCLUDING ANY CHANGES THERETO),
(2) ANY USE OF THE RESTAURANT, RESERVED AND SITES, SERVICES, THE WEBSITE CONTENT, OR THE USER CONTENT,
(3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF ANY OF THE SERVICES), OR
(4) YOUR VISIT TO ANY RESTAURANT OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY RESTAURANT OR MERCHANT IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE VIP Dine LTD AND RESERVED SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE RESERVED/VIPDINE CONTENT.
Restaurants, VIP Dine and Reserved IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY RESTAURANT FOR WHICH A USER HAS MADE A RESERVATION, CLAIMED AN OFFER OR PROMOTION, OR PAID A BILL USING THE PAYMENT SERVICES OR ANY MERCHANT THAT ISSUES A MERCHANT GIFT CARD. IFYOU ARE A RESIDENT OF THE UNITED KINGDOM OR EUROPEAN UNION, THE LIMITATION OF LIABILITY IN THIS AGREEMENT SHALL NOT APPLY TO ANY DAMAGE ARISING FROM OUR WILLFUL MISCONDUCT AND GROSS NEGLIGENCE, NOR SHALL IT APPLY TO DAMAGE FROM INJURY TO LIFE, BODY OR HEALTH. IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE IS NOT ENFORCEABLE AT LAW, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE GIFT CARD TERMS, YOU EXPRESSLY AGREE THAT OUR LIABILITY TO YOU (FOR AY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO FIFTY GREAT BRITISH POUNDS (£50).
You and Restaurants, VIP Dine and Reserved understand and agree that the disclaimers, exclusions, and limitations in this Section 19 and in Section 20 are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that Restaurants, VIP Dine and Reserved would be unable to make the Services available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
It is agreed that any disputes should be settled in United Kingdom and England Laws.