Last Updated: December 16, 2020
- What personal information we collect about you;
- How we collect this personal information;
- How we use this personal information;
- Who we share this personal information with;
- The rights you have regarding your personal information;
- The steps we take to safeguard your personal information; and,
- Much more so please give it a read!
We really respect the privacy rights of Our Users, including the person accessing and using this app or website (You). We really strive to provide You with all the details You need about how We collect, use, or disclose Your personal information so that You can provide Us with meaningful consent to use Your personal information. For Your convenience, personal information is information about an identifiable individual (as defined by applicable privacy or data protection laws). Put simply, it is information that can, alone or with other information, identify You as an individual.
a. Modifications to the Policy
We may make modification(s), change(s), or amendment(s) to the Policy from time to time. These modification(s), change(s), or amendment(s) become effective as soon as the updated Policy is published on the Website or the App. If the Policy changes in the future, We will post an updated version on the Website. Your continued use of the Services after any modification(s), change(s), or amendment(s) to the Policy have been made constitutes an acceptance of the modification(s), change(s), or amendment(s). As such, We recommend that You check the Policy periodically to see if it has been updated, and if so, to review it. If You do not agree to the updated Policy, either in whole or in part, then You may not use the Services. You can tell if the Policy has changed by checking the effective date that appears at the top of the Policy. Depending on the circumstances and subject to Our sole discretion, We may also decide to send You a notice electronically that the Policy was changed.
2. What We collect
dineTab collects Your personal information whenever You use the Services. We only collect the personal information that is necessary to provide You with the Services. As such, We may collect the following information from You whenever You use the Services:
- Phone number
- Email address
- GPS location (if You grant Us permission)
- Credit card number (which is not retained longer than is necessary to complete the transaction), and, if necessary, credit card billing address and mailing address (which is not retained longer than is necessary to complete the transaction)
- Facial images (only if You upload a picture)
- Transactions at the SMBs made with the App
- Firebase & Google analytics data, which includes information such as device models, operating systems, session duration, Your activities & behaviour on the Services, and demographical information (please visit this website for further information: )
We may also get information about You from third parties, such as Google or Apple. This information can include Your:
- Name; and,
- Email address
As mentioned above, We only collect Your GPS location if You have permitted Us to do so. If You have previously consented to this but would now like to disable it, You can disable location gathering by going to the settings in Your device. For Android phones, this is normally found in the “App permission” section in the settings, and under the category “Location”. In iPhones, this is normally found in the “Privacy” section in the settings, and under “Location Services”. You will then see a list of applications that have access to Your location. Find the App in the list and turn off the App’s ability to have access to Your location
3. How We collect it
We collect Your personal information through a variety of means. For instance, when You sign up for an account or contact Us, We collect the following information:
- Phone Number
- Email address
- GPS location (if You grant permission)
- Stripe account number
When You complete a transaction with the SMBs through the App, We collect the following information:
- Credit card number (which is not retained longer than is necessary to complete the transaction), and, if necessary, credit card billing address and mailing address (which is not retained longer than is necessary to complete the transaction)
- A record of the transaction
When You are using the App, We automatically collect Firebase & Google analytics data. If You choose to upload Your photo to Your account, We also collect Your facial image.
4. What We use Your personal information for
We use the personal information We collect about You in order to provide You with the Services. This includes:
- Helping the employees of the SMBs identify You to charge You for the SMBs’ products and services;
- Helping the SMBs offer personalized promotions or special offers to their regular customers;
- Processing Your financial & payment information (like Your credit card number, billing address, and mailing address) to complete Transactions at the SMBs;
- Allowing You to ‘check-in’ at the SMBs (if You have permitted Us to collect GPS location information);
- Delivering better customer service (for instance, Our customer service representatives can more quickly address Your complaints by knowing Your name and order history);
- Assessing the performance of the Services, including as part of Our analytics practices which help Us understand how Our users use the Services;
- Using Your personal information and combining it with other data to create profiles about You which include details about Your personal preferences, interests, or behaviours;
- Addressing problems with, improving, and optimizing Our Services, including identifying and repairing errors in the Services;
- Generating Firebase & Google Analytics data and using such data to conduct activities such as collecting crashes to improve the performance of the Services and events for the Users’ behaviours;
- Communicating with You about Your account (including Your activities on the Services), any policy changes, and for any other purposes You have allowed Us to when You signed up to the Services;
- Providing You with customized materials about offers, products, or services that may be of interest to You, including new content or services;
- Analyzing aggregated, non-identifiable information to conduct activities such as research and development of new technologies (including new products and services) and security procedures (including improving their performance, resilience, reliability, or efficiency);
- Managing Your account and preventing it from unauthorized access or fraud;
- Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
- Ensuring internal quality controls;
- Complying with any legal obligations; and,
- Auditing relating to interactions, transactions, and other compliance activities.
As mentioned above, We collect some of Your financial information, such as Your Credit card number. Again, this information is not retained longer than is necessary to complete the transaction with the SMBs. We use this financial information to facilitate Your transaction with the SMBs, such as processing and fulfilling Your payment to the SMBs and sending You messages that confirm the completion of Your payment.
We will retain Your personal information only for a time and to the extent necessary for the purposes for which it was collected as described in the Policy and for reasonable backup, archival, audit, or other similar purposes. Please see the ‘Data Retention’ section of the Policy for further details
a. Do We use any automated decision-making processes?
We currently do not use any automated decision-making processes to make predictions, recommendations, or decisions about You. However, some third parties that We work with might. For instance, Stripe, Our payment processor, possibly does. Please see Stripe’s website for more details. For more information about the policies of the third parties We work with, please visit their websites or contact them. If You would like a full list of the third parties We work with, please contact Us. However, You can find many of them listed in Section 5 below.
If We decide to start making predictions, recommendations, or decisions about You using automated decision-making processes, We will inform You by either sending You an email (if You have an account registered with dineTab) or publishing a notice on the Website and the App that the Policy has been modified, changed, or amended. We will also provide You provide You with an opportunity to submit observations.
5. Who We share Your information with
We may also use third party APIs and software development kits (SDKs) to provide You with the Services. Some of the APIs and SDKs We currently use include Segment, Mailchimp, App Annie, Firebase, Flutter, and Google Tag Manager. APIs and SDKs may allow third parties to collect Your personal information and use it for a variety of purposes, including to provide You with customized content or to provide analytics services to other companies.
We share Your personal information with the SMBs whose products and services You purchase. Beyond that, We do not share, sell, or rent Your personal information in personally identifiable form with any third party, except if, and to the extent necessary, in Our good faith judgment, doing so is required to:
- complete Your purchase;
- comply with laws or regulations;
- respond to a valid subpoena, order, or government request;
- establish or exercise Our legal rights or defend against legal claims;
- investigate, detect, supress, prevent, or take action regarding illegal or prohibited activities, suspected fraud, situations involving potential threats to the reputation or physical safety of any person; or,
- as otherwise required by law.
We may anonymize Your personal information and maintain and use it in anonymous form that may later be combined with other information to generate aggregated, but still anonymous, information. Such anonymous and aggregated information may be sold, traded, rented, or shared.
If dineTab is to be sold, merged, or amalgamated or substantially all of its assets are to be sold or disposed of, Your personal information may be transferred to a potential purchaser if, and to the extent necessary, it is required for the purposes of deciding whether to proceed with the proposed transaction and completing it. If such a sale, merger, acquisition, or disposal is completed, the purchaser may use and disclose Your personal information only to the extent described in the Policy if the information relates solely to the carrying on of the business or activity or the carrying out of the objects for which the sale, merger, or acquisition took place.
a. International Transfers
We store some or all of Your data in the cloud using the Google Cloud platform (the Cloud Provider). As such, Your personal information may be collected, used, processed, transferred, and retained in multiple countries including Canada and the United States, and thus may be outside the region in which You are situated and may have different privacy or data protection legislation, and may therefore be subject to the laws of those countries.
If You are a resident of a country which restricts data transfers outside of that jurisdiction or region without Your consent, by agreeing to the Policy and using the Services, You consent to Your personal information being transferred outside of Your country for processing or storage by or on behalf of Us and the Cloud Provider. If You reside in the European Economic Area (EEA), We may transfer Your personal information to Canada or the United States. If We transfer it to Canada, We use the European Commission Adequacy Decision as a safeguard. If We transfer it to the United States, We use the Model Clauses or self-certification under the Privacy Shield as safeguards.
Regardless of where You reside, if We transfer Your personal information outside of Your jurisdiction, We take steps to reasonably ensure that Your personal information is appropriately safeguarded and its use, collection, or disclosure is in accordance with the Policy.
We aim to provide You with a safe experience. We have in place certain physical, electronic, technological, and organizational safeguards to appropriately protect the security and privacy of Your personal information against loss, theft, unauthorized access, unauthorized disclosure, and unauthorized copying, use, or modification. For example, We use secure HTTPS certificates, SSL (Secure Socket Layers), Tokens, and other standard, industry-wide, commercially reasonable security practices.
Moreover, We use the following services provided by Google, which We have ensured provide standard, industry-wide, commercially reasonable security practices: Google Maps, Firebase & Google Analytics, and Google Cloud. You may find more information about their security practices on their respective websites.
Please note, however, that while We try to make the Services secure and reliable for the Users, We cannot guarantee the security or confidentiality of any data or material, including Your personal information, transmitted to or from the Services or via email. The transmission of data through the internet is never completely secure. As such, You acknowledge that any transmission of information to and from the Services carries some risk and that You do so at Your own risk.
We take the security and confidentiality of Your data very seriously. We limit access to Your personal information within the Company to individuals on a need-to-know basis. More specifically, this means We only let those individuals who need Your personal information to provide the Services have access to this information. Currently, this is limited to only senior management and executives. If this changes, We will let You know. We will notify You by either sending You an email (if You have an account registered with dineTab) or publishing a notice on the Website and the App that the Policy has been modified, changed, or amended.
As mentioned above, We will retain Your personal information only for a time and to the extent necessary for the purposes for which it was collected as described in the Policy and for reasonable backup, archival, audit, or other similar purposes. Please see the ‘Data Retention’ section of the Policy for further details.
7. Your Rights
Depending on Your jurisdiction, and subject to certain limitations, You may have the following rights regarding Your personal information:
- Right of Access: You may have the right to access the personal information We have on You by obtaining a copy of this personal information
- Right of Rectification: You may have the right to request the correction or amendment of any errors in the personal information We have about You
- Right of Deletion/Anonymization: You may have the right to request Us to delete the personal information We have about You or to anonymize it
- Right to Data Portability: You may have the right to take Your personal information from Our platform to another platform, which may include the right to ask Us to provide You with Your data in an accessible and transferable format
- Right to withdraw consent: You may have the right to withdraw Your consent for Us to use Your personal information
- Right to restrict or object to certain processing: You may have the right to restrict or object to certain processing of Your personal information, like using Your personal information to send You targeted promotions
- Right to know which third parties are involved: You may have the right to request a list of third parties to whom We may have provided Your personal information
Please note that if You choose to exercise Your right to withdraw Your consent for Us to use Your personal information, We may no longer be able to provide You with the Services.
If You would like to exercise any of these rights, or obtain further information about them, please contact Us. Please note that if You contact Us to do any of the things listed above, We may require You to provide sufficient personal information to allow Us to identify You. However, this personal information will only be used for this purpose. If You contact Us to exercise these rights, We will respond to Your request within a reasonable time and at little or no cost to You. You can contact us via the Contact Us on the Website or in the ‘Contact Us’ section of the App. Moreover, You can reach Thierry Rassam, Our Chief Privacy Officer, at email@example.com.
a. Data Retention & Deletion
We will only retain Your personal information for as long as is necessary to achieve the purposes for which it was collected as stated in the Policy. Normally, We will keep Your personal information for as long as You have an account with Us. You may, at any time, close Your account by contacting Mazen Akkaoui, Our Chief Product Officer, at firstname.lastname@example.org. Please note that We may have to keep Your personal information for a certain minimum amount of time for legal or legitimate business purposes such as minimum data retention laws, preventing fraud and abuse, or meeting Our contractual obligations.
We will delete Your personal information upon fulfillment of the purposes for which Your data was collected or if You request Us to delete it. We delete Your personal information by removing all data associated with Your account on all of Our databases. If You would like more information on how We delete Your data, or if You would like to delete this data, please contact us.
8. Children’s Online Privacy Protection
The Services are not intended for use by children under the age of 14. We do not knowingly collect or use any personal information from any children under the age of 14. We do not allow Children under the age of 14 to register with or use the Services or provide personal information. If We become aware that We have unknowingly collected personal information from a child under the age of 14, We will make commercially reasonably efforts to delete such personal information from Our database.
You may reside in a jurisdiction that, because of Your age, requires Your parental or guardian authority to consent on Your behalf in order for You to use the Services. If this applies to You, please ask Your parental or guardian authority to review the Policy. By Your use of the Services, You acknowledge and represent that Your parental or guardian authority has agreed to the Policy and has given their consent for You to use the Services.
9. Links to Other Sites
These links are provided for Your convenience only. As such, We are not responsible for the availability of any websites or resources that the links may lead to. Links may be removed, or they may direct to incorrect websites or resources. Also, We may remove any link to any internal or external website or to resources at any time for any reason whatsoever. As these links are provided for Your convenience only, We have no obligation to maintain these links on the Services, including maintaining the correct, most up-to-date links, and it is Your sole responsibility to find the relevant websites or resources.
10. Communications & Notifications
We may send You electronic messages concerning Your use of the Services. These electronic messages may be sent for reasons such as:
- Updating You on the status of Your order;
- Providing You with proof of payment for Your purchase with the SMBs;
- Security reasons; or,
- Any issues encountered when facilitating the transaction between You and the SMBs.
You acknowledge and agree that You may incur charges from third parties (like standard messaging charges for text messages) as a result of these communications. We are not liable for the payment of these charges.
We may also send You promotional emails and messages if You have previously consented to receiving such communications. You can opt-out of any promotional communications You have previously consented to by contacting Thierry Rassam, Our Chief Privacy Officer, at email@example.com. You can also always unsubscribe from receiving promotional emails from Us by simply clicking the “unsubscribe” link provided at the bottom of every promotional Company email from Us. However, You cannot opt-out of communications necessary for Us to administer Your account and for the purposes of providing You the Services. If You no longer want these communications, please delete Your account.
Please Contact Us with regards to anything relating to the Policy, including any questions, comments, or complaints You may have
If You have any questions or comments or wish to make a complaint about the Policy, please feel free to contact us by clicking Contact Us, or by delivery in person, by courier or by the mail, to dineTab at 8 Place du Marronier, Saint-Lambert, Québec, J4S-1Z7. You may also email Thierry Rassam, Our Chief Privacy Officer, at firstname.lastname@example.org. If You contact Us about Your personal information, We will respond to Your request within a reasonable time and at little or no cost to You.
Last Updated: December 16, 2020
Important Stuff – Please Read.
PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICES. THE TERMS IMPACT YOUR RIGHTS AND, MOST IMPORTANTLY, MAY LIMIT YOUR ABILITY TO ENFORCE THOSE RIGHTS. THE TERMS LIMIT YOUR ABILITY TO BRING FORTH OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE OR REPRESENTATIVE PROCEEDING OF ANY KIND. THEY ALSO INCLUDE AN AGREEMENT TO ARBITRATE, WHICH WOULD REQUIRE YOU TO SUBMIT YOUR CLAIMS AGAINST US TO BINDING ARBITRATION, FURTHER LIMITING YOUR ABILITY TO ENFORCE YOUR RIGHTS. PLEASE READ THE TERMS VERY CAREFULLY AND CONTACT US IF YOU HAVE ANY QUESTIONS AT LEGAL@DINETAB.COM OR BY CLICKING CONTACT US, OR BY DELIVERY IN PERSON, BY COURIER OR BY THE MAIL TO 8 Place du Marronier, Saint-Lambert, Québec, J4S-1Z7.
By accessing or using any of the Services, You hereby represent and warrant that You have read, understood, and agree to be bound by the Terms. If You do not agree to the Terms, then You may not access or use the Services.
Also, dineTab can change, modify, or replace the Terms at any time and at its sole discretion without incurring any liabilities or obligations. dineTab will publish a new copy of the Terms on the Website and the App. dineTab will also indicate, on the top of the page, which date the Terms were last updated. If dineTab makes any significant or material changes to the Agreement, it may send You an email (if You have an account registered with dineTab) or publish a notice on the Website and the App. Any modifications to the Terms become effective as soon as the modified Terms are published on the Website or the App. Your continued use of the Services after any changes to the Terms have been made constitutes an acceptance of the change(s). As such, please regularly check the Terms to see if they have been modified. If You do not agree to the modified Terms, either in whole or in part, then You may not use the Services.
Similarly, We may change, modify, replace, suspend, limit, restrict, or discontinue the Services or any part of the Services. This may include, but is not limited to, specific features and content. You acknowledge and agree that We may do so at Our sole discretion and at any time without notice or liability.
What We Do
dineTab provides its users (the Users) the ability to pay their invoice through the App for products and services they purchase at businesses that partner with Us (the SMBs). dineTab is not a restaurant or a food preparation business or otherwise a retailer of any of the products and services the Users pay for through the App. We do not offer the SMBs’ products or services (the SMBs’ Products & Services) themselves nor are We involved in the production of the SMBs’ Products & Services offered by the SMBs. dineTab is a limited agent for these third party SMBs with the authority to collect payment from You on behalf of the SMBs for the purchase of the SMBs’ Products & Services. We simply facilitate transactions and provide You with the ability to pay Your invoice at the SMBs directly through the App. In other words, We are not responsible for the SMBs’ Products & Services themselves. We do not verify the SMBs compliance with any applicable laws or regulations and are not responsible for any defects in the SMBs’ Products & Services, including in terms of their safety. This is the sole responsibility of the SMBs. Accordingly, the SMBs’ Products & Services You purchase and consume constitutes a separate agreement between You and the SMBs to which dineTab is neither now, nor going forward, a party. Furthermore, all complaints regarding the SMBs’ Products & Services should be directed to the SMBs. We do not assist in resolving these complaints nor do We have any obligation whatsoever to compensate You for any issues You encounter with the SMBs or the SMBs’ Products & Services.
Creating an Account
In order to use the Services, You will need to create an account with Us. When creating an account, You will have to provide Us with some of Your personal information, such as name, telephone number, email address, and financial information (such as credit card information). You agree that You will provide accurate, complete, truthful and current information. You further agree that We may verify this information at any time.
During the account creation process, We will require You to create and use a mechanism to uniquely verify Your identify. This verification may use a variety of forms, like alphanumeric password or a biometric characteristic (such as fingerprints) and may be combined with other identification methods such as two-factor authentication (collectively, the Identification Methods). You agree that You will keep Your account secure by restricting others from accessing Your account, including by restricting knowledge or use of the Identification Methods and otherwise keeping them secure and confidential. Moreover, You agree to promptly notify Us of any unauthorized access to Your account or of any security breaches. You also agree to accept all responsibility for all of Your account activities, including those activities that are the result of unauthorized access to Your account. In addition, You agree to provide Us with whatever proof We may reasonably need to verify Your identity.
By using the Services, You verify that:
- You are the age of majority or older in Your jurisdiction of residence; or,
- if You are between the ages of 14 and the age of majority in Your jurisdiction of residence, You are using the Services under the supervision of a parent or legal guardian who agrees to be bound by the Terms.
The Services are not targeted towards, nor intended for use by, people under the age of 14. By using the Services, You acknowledge that You are 14 years old or older.
Furthermore, if You are under the age of majority in Your jurisdiction of residence, and Your jurisdiction of residence prevents people under the age of majority from using the Services or entering into a legally binding agreement such as the Terms, then You may not use the Services.
Communication & Notifications
We may send You electronic messages concerning Your use of the Services. These electronic messages may be sent for reasons such as providing proof of payment for Your purchase with the SMBs, for security reasons, or any issues encountered when We facilitate the transaction between You and the SMBs. You acknowledge and agree that You may incur charges from third parties (like standard messaging charges for text messages) as a result of these communications. We are not liable for the payment of these charges.
You may only access and use the Services in the manner provided by Us through the Website and the App and in accordance with the Terms. You agree that You will only use the Services to complete transactions of payment with the SMBs and uses that are ancillary to these transactions, such as creating an account or contacting Us for issues encountered with the Services.
You further agree that You will not:
- license, sell, rent, lease, transfer, distribute, assign, host, or otherwise exploit the Services for commercial or any other purposes;
- use the Services for any unlawful purposes and to violate any applicable laws;
- use the Services to prejudice any of Our commercial or economic interests;
- use the Services to violate any of Our rights (including, but not limited to, intellectual property and contractual rights), including vis-à-vis You or any third party;
- use the Services to violate the rights of any third party, including any intellectual property rights; and,
- copy, modify, transfer, sell, reproduce, translate, publish, distribute, license, circulate, broadcast, perform, or transmit the Services in any way, shape, or form, without the prior written consent of one Our duly authorized representatives.
Please make sure You are using the right app, the most current version of it, and have the right devices
You further agree that We are not liable for any harm You experience by You downloading the incorrect application, by You not using the most current version of the App or the Website, or You using devices that are incompatible with the Services. It is Your responsibility to ensure that You are using the correct App, the most current version of the App, and the appropriate devices to properly access the Services. We reserve the right to immediately terminate Your use of the Services if You are using any incompatible or unauthorized devices to access the App and the Website.
The Services may include images, text, works, audio files, sounds and other content and data that are owned by Us (Our Content) or third parties (Third Party Content). You agree that all of the Terms relating to the Services apply to Your access to and use of any of Our Content and Third Party Content. You further agree to comply with any terms and conditions that are specific to the Third Party Content, including the terms and conditions specified under the Terms. We are not responsible, and assume no liability, for any Third Party Content.
All content and data made available by Us through the Services, including any Third Party Content, (collectively, the Content) is owned solely and exclusively by Us and/or the relevant third parties. You may not, unless expressly permitted in the Terms:
- publish, publicly perform or display, or communicate to the public or otherwise distribute to any third party any of the Content;
- market, sell, re-sell or make commercial use of the Services or any of the Content;
- systematically collect from the Services and use any of the Content, including the use of any data mining, robots, or similar data gathering and extraction methods; or,
- copy, reproduce, modify, adapt, edit, translate, publish, perform, transmit, display, or otherwise make derivative uses of or exploit the Services or the Content.
If You make any information, data or content available to Us on or through the Services, including by contacting us, or providing comments or ideas about the Services (User Content), You are deemed to grant Us a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, perpetual, worldwide license to store, use, copy, reproduce, modify, adapt, edit, translate, publish, perform, disclose, and display any such User Content that You make available on, through, or in connection with the Services without any payment or restriction. You are solely responsible and liable for any User Content You make available on or through the Services or that is made available using Your account. If You make User Content available, You represent that You have the right to do so.
Regarding the User Content, please be cool. The Service are no place for illegal or hateful content. You may not create, post, or transmit to or from the Services any User Content or any other material, files, or content that may:
- violate any applicable law;
- contain viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties;
- violates or infringe any of Our rights or the rights of any third parties, including intellectual property rights;
- be false, misleading, inaccurate, defamatory, libelous, disparaging, obscene, discriminatory, or offensive to Us or any third party; and,
- constitute unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters.
We reserve the right to remove or edit any User Content that We, at Our sole discretion, determine violates the Terms or prejudices Our rights, or the rights of third parties, in any way, shape, or form.
User Content is not generated by Us nor does it constitute the advice, opinion, or representation of Us or any of Our affiliates or representatives. User Content may include, but is not limited to, the opinions of the Users who have purchased the SMBs’ Products & Services, and any such opinions, statements, or advice are theirs and theirs only. As such, You acknowledge that We are not liable to You or to any third party for any harm caused by the User Content. We do not assume any responsibility or liability to any person for any User Content, including User Content which violates the Terms.
However, We may, from time to time, block or remove User Content that violates the Terms. You acknowledge that We may do so at Our sole discretion. Nonetheless, We do not warrant or represent that We continually monitor, moderate, block or remove the User Content nor are We obligated to do so.
dineTab hereby grants You a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license to:
- access the Services for the purpose of receiving the Services in accordance with the Terms; and,
- access, view and print any information and documentation made available on the Services, for Your personal, non-commercial and informational use only to assist You in the access and use of the Services.
Except for the limited licenses and rights expressly granted to You in the Terms, the Terms do not grant You any other right or license, whether express or implied, by estoppel, or otherwise in or under any patent, trademark, copyright, or other intellectual property or proprietary right of dineTab or any third party. dineTab may terminate this license at any time for any reason whatsoever subject to its sole discretion.
You acknowledge and agree the Services use certain intellectual properties that are exclusively owned by Us and may be protected by copyright, trademark, trade secret, patent, or other forms of intellectual property protection, including intellectual property treaties in Canada and around the world. Accepting the Terms or using the Services does not constitute an express or implied license, in whole or in part, exclusive or shared, to any of Our intellectual property rights other than in accordance with the Terms.
For further clarity, You may not use or commercialize any of Our intellectual property, or any of its derivatives, without the prior and express written consent of dineTab. Also, all product, brand and company names, logos, and trademarks displayed on the Services or used in connection with the Services are the property of dineTab or its suppliers, partner businesses or third party licensors. Any use of any of the marks appearing on the Services or in connection with the Services without the express written consent of dineTab or the owner of the mark, as appropriate, is strictly prohibited.
Fee & Payment
As mentioned earlier, We are a limited agent for the SMBs. We charge You for the SMBs’ Products & Services on the behalf of the SMBs. By using the Services, You agree that We may charge You for the Products on the payment method (Payment Method) provided by You. These charges may include the cost of the Products, any applicable taxes, and other charges related to Us providing You with the Services (collectively, the Fees). The appropriate forms of Payment Methods will be determined by Us and may include methods such as credit cards and mobile payment applications like Apple Pay. We may add or remove forms of Payment Methods from time to time subject to Our sole discretion. It is Your responsibility to provide Us with a valid Payment Method at all times.
We use Stripe as Our payment processor (the Payment Processor). We may change the Payment Processor at any time subject to Our sole discretion. Even though Stripe is a third party, by using the Services, You agree to their terms and conditions also. A copy of their terms and conditions can be found here on their website. This link is provided for Your convenience only. The Payment Processor may change its terms and conditions or their location. It is Your sole responsibility to find the applicable terms and conditions. In addition, the Payment Method also has their own terms and conditions, which You are also subject to by using the Services, so it’s a good idea to read their terms and conditions also.
Please note We have no obligation to provide refunds or credits to You for any Fees You pay. We may grant them, however, but subject to Our sole discretion. We are not responsible for any acts, errors, omissions, representations, warranties, contractual breaches or negligence of any kind by the Payment Processor or the Payment Method.
Our Services are currently free to use. If that changes, and it might, We’ll let You know. You can then decide if You want to continue using the Services or not.
Our links or Third Party links
dineTab provides links on the Services, including those operated by parties other than Us. These links are provided for Your convenience only and We are not responsible for the availability of such websites or resources. Links may be removed, or they may direct to the incorrect websites or resources. It is Your sole responsibility to find the correct website or resource.
You acknowledge that We may remove any link to any internal or external website or to resources at any time for any reason whatsoever.
You agree to defend, indemnify, and hold harmless the Us from and against any claims, actions, demands, losses, liabilities, damages, costs and expenses suffered by such persons, including without limitation, reasonable legal and accounting fees, alleging or resulting, directly or indirectly, from Your:
- breach of the Terms;
- access or use of the Services;
- Your violation of any law or the rights of a third party, including the SMBs; and
- related to any of Your User Content.
THE SERVICES ARE PROVIDED “AS-IS”
YOU UNDERSTAND AND AGREE THAT THE SERVICES, ANY OF THE CONTENT AND OTHER INFORMATION, DATA AND MATERIALS AVAILABLE ON THE SERVICES OR PROVIDED AS PART OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED FOR HEREIN AND PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, FROM A COURSE OF DEALING OR USAGE OF TRADE, AND INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS, ANY CONDITION OR WARRANTY OF MERCHANTABILITY, TITLE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND ANY CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT OFFER ADVICE OR RECOMMENDATIONS CONCERNING INFORMATION OR DATA CONTAINED IN ANY OF THE SERVICES OR THE CONTENT AND ANY ACTIONS TAKEN, OR FAILURES TO ACT, IN RELIANCE ON ANY OF THE CONTENT (OR OTHERWISE ON THE SERVICES) BY YOU OR ANY OTHER PERSON IS YOUR SOLE RESPONSIBILITY AND LIABILITY. FOR FURTHER CLARITY, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE TO YOU FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFITS, DAMAGES FOR PERSONAL INJURY, ECONOMIC ADVANTAGE, GOODWILL, DATA, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES.
WE SPECIFICALLY MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE OR ANY OF THE SERVICES (INCLUDING THE PROVISION OF ANY OF THE CONTENT) WILL BE ACCURATE, RELIABLE, COMPATIBLE WITH YOUR COMPUTER OR ANY SMART DEVICES, OR COMPLETE OR WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT ANY ERRORS CAN OR WILL BE CORRECTED OR THAT ANY OF THE SERVICES, THE CONTENT, DATA OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE SERVICES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ELEMENTS.
YOU ACKNOWLEDGE THAT WE DO NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THE SERVICES. EXCEPT AS OTHERWISE AGREED IN WRITING, THE COMPANY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SERVICES OR WITH ANY OF THE TERMS, CONDITIONS, GUIDELINES, PRACTICES OR POLICIES OF THE COMPANY IN OPERATING THE SERVICES AND IN PROVIDING THE SERVICES YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USING THE SERVICES.
LIMITATION OF LIABILITY
CERTAIN JURISDICTIONS PROHIBIT CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY. AS SUCH, SOME OF THE BELOW PROVISIONS MAY NOT BE APPLICABLE TO YOU AS YOUR JURISDICTION MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABLITY IN WHOLE OR IN PART. NOTHING IN THE TERMS SHALL AFFECT YOUR STATUTORY RIGHTS IN THIS REGARD.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, BE LIABLE TO YOU, OR TO ANY OTHER PARTY, FOR ANY LOSSES, COSTS OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF (OR THE INABILITY TO USE) THE SERVICES, OR ANY OF OUR CONTENT OR THIRD PARTY CONTENT (REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY, BY STATUTE OR OTHERWISE AND REGARDLESS OF THE OCCURRENCE OF A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE). WITHOUT PREJUDICING ANY OF THE ABOVE STATEMENTS, OUR AGGREGATE LIABILITY IN CONNECTION WITH THE TERMS SHALL NOT EXCEED CDN $100.00 OR THE AMOUNTS THAT YOU HAVE PAID THE COMPANY IN RESPECT OF THE SERVICES IN THE 30 DAY PERIOD THAT IMMEDIATELY PRECEEDED THE DATE OF YOUR CLAIM, WHICHEVER IS GREATER.
IN NO EVENT WHATSOEVER SHALL ANY OF THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND THIRD-PARTY CONTRACTORS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES”) BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF THE SERVICES OR THE PROVISION OF THE SERVICES (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE WEBSITE OR THE USE OF, OR RELIANCE ON, ANY OF THE CONTENT (WHETHER THE COMPANY’S CONTENT OR OTHERWISE) OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE SERVICES, OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA OR LOSS OF USE OR LACK OF AVAILABILITY OF THE SERVICES OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT OR ANY OTHER ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE COMPANY PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE AND USE OF THE WEBSITE, SERVICES AND ANY PROVIDED SUPPORT IS ASSUMED BY YOU.
We shall not be liable for any failure to perform Our obligations hereunder where the failure results from any cause beyond Our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
The terms and conditions of the Terms that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of the Terms. You agree that the limitations of liabilities set out in the Terms are fair and reasonable in the circumstances.
Suspension and Termination of Access
dineTab may suspend or terminate Your access to the Services immediately without prior notice and without further obligation or liability to You if, in dineTab’s sole discretion, it determines that You have breached or failed to comply with any provision(s) of the Terms. dineTab may also suspend Your access to the Services or terminate the Terms at any time without written notice to You for any reason whatsoever.
If the Terms are terminated for any reason, You are still bound by the Terms as set out herein. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination, interpretative provisions, and Your warranties and indemnities shall survive any termination of the Terms.
dineTab has no liability of any kind or any nature whatsoever to You solely by reason of any change, modification, suspension or discontinuance of the Services in accordance with the Terms. You agree that You shall not make any claim against dineTab, including with respect to any lost revenue, profits or opportunities as a result of such change, modification, suspension or discontinuance or on account of any expenditures made or actions taken in reliance on the expected continuation of the Services or the Terms.
We shall not be required to refund to You any amounts prepaid, if any, for use of the Services if We have terminated Your account or Your use of, or access to, the Services for breach of the Terms. If We terminate Your access to the Services, any fees or charges paid by You in advance, if any, shall be refunded on a pro rata basis.
We have the right to investigate and prosecute violations of any of the Terms to the full extent of the law. In these investigations, You agree to cooperate and provide Us with any evidence We may need to determine whether a violation of the Terms occurred. You acknowledge that We may involve or cooperate with other investigative bodies, including law enforcement agencies. You further acknowledge that We may, at times, monitor Your use and access to the Services to ensure that You are not engaging in conduct that violates Our legal rights or to comply with the order of any governmental, judicial, law enforcement, or administrative agencies or bodies.
Moreover, You acknowledge that We are vested with the sole authority and responsibility to investigate, defend, settle, and discharge any intellectual property infringement claim from any third party that alleges that the App, or Your use or possession of the App, infringes their intellectual property rights as between Us and the download service provider (such as Apple).
No delay or omission by dineTab to exercise any right or power it has under the Terms or to object to the failure of any covenant of You to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by dineTab must be in writing and signed by an authorized representative of dineTab.
If any provision of the Terms are held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of the Terms, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision of the Terms shall be valid and enforceable to the extent permitted by law.
dineTab may provide notices or communications to You on the Services or to Your electronic mail account as registered in Your account with Us. You agree that such notices shall constitute notice to You whether or not You actually access the notice.
If You have any questions about the Terms, or need to provide notice to, or communicate with, Us under the Terms, please contact Us at email@example.com. You can also reach us by clicking Contact Us, or by delivery in person, by courier or by the mail, at 8 Place du Marronier, Saint-Lambert, Québec, J4S-1Z7.
The Terms are personal to You, and are not assignable, transferable, or sublicensable by You except with dineTab’s prior written consent. We may assign, transfer, or delegate any of its rights and obligations hereunder without Your consent.
Applicable Law and Dispute Resolution
dineTab wishes to resolve all disputes in an amicable, cost-efficient, and effective manner. If any dispute arises between You and Us (the Dispute), You agree to first reach out to Us and notify Us about the Dispute. You and dineTab further agree that each will use good faith efforts to informally resolve the Dispute.
If after sixty (60) days from the time You notify Us about the Dispute and the Dispute is not resolved informally, and insofar as this provision is enforceable in Your jurisdiction, You agree that the Dispute between You and Us shall be exclusively resolved through arbitration and according to the Arbitration Rules of the ADR Institute of Canada, Inc. The arbitration shall take place in Montréal, Québec and the language of the arbitration shall be in English, unless otherwise required by law or expressly agreed to by You and Us in writing. You and dineTab agree that the arbitration shall be strictly confidential and take place before a single (1) arbitrator who must be mutually agreed upon. The result of the arbitration will be final and binding and not subject to appeals of any kind. The arbitrator’s decision shall have the same authority that a judge in a court of law would have and thus be fully executable and judgment may be entered upon it by any court of competent jurisdiction.
In the event that the arbitration provision is unenforceable in Your jurisdiction, You acknowledge and agree that the Services are administered by dineTab from a site that is located in Québec, Canada. You acknowledge and agree that Your use of the Services and all of the communications, transmissions and transactions associated with the Services and the provision of the Services shall be deemed to have occurred in the Québec, Canada. You agree that the Terms shall be exclusively governed by, construed and interpreted in accordance with the laws of the Québec, Canada and that federal laws of Canada applicable therein and that the law of Québec, Canada is the proper law. You irrevocably attorn to the exclusive jurisdiction of the Courts of the Province of Québec in respect of all matters and disputes arising hereunder.
To the extent permitted by law, You and dineTab agree to resolve any and all disputes on an individual basis and capacity, and not as a class member in any purported class or representative action. You and dineTab also agree not to join in on any claim, existing now or in the future, with the claims of another person (legal or natural) to participate in any class, representative, or collective proceeding of any kind. Furthermore, You expressly agree that, in the event that there is a Dispute and the Dispute is to be resolved in a court of law, the Dispute shall not be resolved by jury trial and You hereby waive any right to trial by jury.
The Terms constitute the entire agreement between You and Us as it relates to the access to, and use of, the Services and supersede all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between Us and You.