Terms

These terms and conditions (the “Terms”) (together with the documents referred to in it) tell you the terms on which you may make use of our website www.dinermojo.com, its mobile version and the mobile app “DinerMojo” (the “App”, and together the “Sites”). Use of the Sites includes accessing, browsing, or registering to use the Sites.

Please read these Terms carefully before you start to use the Sites, as these will apply to your use of the Sites. By using the Sites, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Sites.

The Sites are owned and operated by DinerMojo Limited, a company registered in England and Wales under number 9037722 with its registered office at 22 The Quadrant, Richmond, Surrey, TW9 1BP (“DinerMojo”, “we”, “our”, and “us”).



1. INTRODUCTION

1.1 These Terms constitute the agreement between you and us for the use of the Sites and the contents and services available through them.

1.2 Our Privacy Policy will also apply to your use of the Sites. This policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Sites, you consent to such processing and you warrant that all data provided by you is accurate.

1.3 We may change these Terms from time to time. Any changes we may make to these Terms in the future will be posted on our website: www.dinermojo.com, and, where appropriate, notified to you by email. Please review this page frequently to see any updates or changes to these Terms.

1.4 If we do not exercise or enforce any legal right or remedy which may be available to us, this will not be taken to be a formal waiver of our rights.

1.5 If any part of these Terms shall be unlawful or unenforceable for any reason, this shall not affect the remainder of these Terms and that part shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

1.6 If we are acquired by, or merge with, a third party, we may transfer any or all of our rights and obligations under these Terms to that third party or the newly merged entity.



2. THE SITES

2.1 We may update the Sites from time to time, and may change the content at any time. However, please note that any of the content on the Sites may be out of date at any given time, and we are under no obligation to update it.

2.2 We do not guarantee that the Sites, or any content on it, will be free from errors or omissions.



3. ACCESSING THE SITES

3.1 You acknowledge that access to the Sites is dependent on you being able to receive data on your device. You are responsible for making all necessary payments including in respect of internet and network connections relating to the receipt and/or submission of Site data. We are not responsible for the availability of the internet, or any errors in or damage to connections, equipment, or software that may occur in relation to your use of the Sites.

3.2 We provide the Sites on an 'as is' and 'as available' basis with all faults. We do not guarantee that the Sites, or any content on them, will always be available or be uninterrupted. Access to the Sites is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Sites without notice. You agree that your use of the Sites is at your own risk. We will not be liable to you if for any reason any of the Sites are unavailable at any time or for any period.

3.3 You are responsible for making all arrangements necessary for you to have access to the Sites. You are also responsible for ensuring that all persons who access the Sites through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

3.4 To the maximum extent permitted by law, we disclaim any and all implied conditions and warranties that the Sites and the services available through them are of satisfactory quality, accurate, fit for a particular purpose, or non-infringing.



4. YOUR ACCOUNT AND PASSWORD

4.1 We permit access to certain parts of the Sites only to users who have registered with us. In order to access the services we offer, you must register with us. You must be 18 years or older to be eligible to register with us, use the Sites and the content and services provide through them. By using the Sites, you represent and warrant that you are 18 years or older. If you register with us, you must provide true and accurate information about yourself. Should the registration information provided prove false or misleading, we may suspend or terminate your account.

4.2 You are responsible for maintaining the confidentiality of your account details, including any user identification codes, passwords or any other piece of information that forms part of our security procedures, and you must not disclose these to any third party.

4.3 You are responsible for all activity under your account even if someone else uses your account. You authorise us to act on instructions received under your account and we will not be liable for any loss that you might suffer through following such instructions whether by you or another person.

4.4 You acknowledge that we may, at any time and at our sole discretion, suspend or terminate your account and/or disable any user identification code or password, whether chosen by you or allocated by us, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

4.5 You acknowledge that we may, at any time and at our sole discretion, request that you re-register with the Sites.

4.6 In the event that your mobile device is lost or stolen you agree that it is your responsibility to notify us at team@dinermojo.com as soon as reasonably possible following such loss or theft. Any points redeemed on a stolen device before DinerMojo is notified, will not be credited back to your account.

4.7 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at team@dinermojo.com.

4.8 You agree that during your use of the Sites you will not submit content that could be regarded as defamatory, offensive, inappropriate, illegal or in any way negatively reflect on DinerMojo’s brand. You accept that we have sole discretion over deciding whether submitted content breaches these conditions



5.0 EARNING POINTS, REDEEMING POINTS AND MOJO LEVELS

Participating Restaurants are those restaurants that have accepted the Terms and Conditions applicable to restaurants and which are listed in the Sites.

5.1 Points are awarded (“Earned”) for spend at Participating Restaurants, for example £1 = 1 point (the “Earning Ratio”). This “Earning Ratio” may be varied at any time at the complete discretion of DinerMojo

5.2 Points may also be awarded for customer actions such as referrals and other actions as notified to customers either on the website of through the App.

5.3 Points may be earned at Participating Restaurants (as listed in the App). DinerMojo reserves the right to verify and allocate points to customers based upon genuine images of receipts for spend at Participating Restaurants.

5.4 DinerMojo reserves the right to reject submissions from customers where the information on the image of receipts required to validate spend is illegible or inappropriate at our sole discretion. Customers will be notified of any rejected submission.

5.5 Earn submissions must be made within 3 calendar months of the receipt date.

5.6 Points cease to be valid one calendar year after earned unless redeemed. Redeemed points are debited on a First In First Out (FIFO) basis meaning that oldest points will be redeemed first.

5.7 Total points earned in the last 12 months on a rolling basis (the “Year’s Points”) are used to determine the DinerMojo tiering (Mojo) level. If the Year’s Points fall below any tiering threshold for more than 3 months, the customer Mojo level will move to the level that corresponds to their current Year’s Points.

5.8 Participating Restaurants may offer privileges and offers to specific Mojo levels ("Tier Privileges"). Any Tier Privileges offered by Participating Restaurants are notified on one or more of the Sites and can be changed or removed at any time at the complete discretion of the Participating Restaurant or us. Tier Privileges offered by Participating Restaurants are available to the DinerMojo member and up to one guest with the following additional restrictions being optionally applied to each Tier Privilege by the relevant Participating Restaurant:

  • Tier Privileges can be claimed at most once per day
  • Tier Privileges can only be claimed by those members who order a main course
  • Only valid for members who are dining in at the Participating Restaurant (i.e. not for take-aways or deliveries)
  • Tier Privileges available to one person cannot be allocated to the other person (i.e. member cannot claim a Tier Privilege for themself and also claim their guest's same Tier Privilege and vice versa).

5.9 Points may be redeemed at Participating Restaurants for discounts shown as available on one or more of the Sites. Unless pre-agreed by the Participating Restaurant, the discounts:

  • cannot be combined with any other discounts made available by the Participating Restaurants
  • apply to bills relating to groups of at most 10 people. In this situation, if the total party size exceeds 10 and the bill is split so that Points can be redeemed for a discount against part of that bill, the member redeeming the Points can only use their Points for discounts against one of the resultant split bills.

5.10 Participating Restaurants may also publish special offers which can be redeemed using points. Special offers are made available at the complete discretion of Participating Restaurants and can be changed or removed at any time.



6. INTELLECTUAL PROPERTY RIGHTS AND USE OF THE APP

6.1 We grant you a non-exclusive, non-transferable licence to install and use a copy of the App on your mobile device in the United Kingdom for the purposes of the services offered by the App only, which include (where applicable in relation to each venue) to search for and contact participating restaurants and receive information and offers from venues listed on the Sites.

6.2 We are the owner or the licensee of all intellectual property rights in the Sites, and in the material published on it. Those works are protected by copyright, trade marks, database right and other intellectual property rights. All such rights are reserved.

6.3 You may not without our prior written consent (except to the extent required in order to use the Sites in accordance with these Terms) copy, sell, reproduce, publish, modify, or distribute any of the content published, displayer or performed on the Sites or systematically extract such content or in any way use or exploit commercial any such content.



7. REFERRAL SCHEME

7.1 If:

7.1.1 you use the App to refer the App to a friend (a “Referral”);

7.1.2 that friend registers an account with us; and

7.1.3 that friend earns points using the App, then we shall credit your account with a reward as specified within the App (the “Referral Credit”).

7.2 Referrals should only be used by you for personal (family and friends) purposes and may not be traded or used for commercial purposes.

7.3 Referral Credits cannot be transferred to other users of the App.

7.4 No cash alternative to the Referral Credit is available.

7.5 The Referral Credit shall remain in your account indefinitely until:

7.5.1 it is used by you;

7.5.2 it is revoked by us in accordance with clause 7.7;

7.5.3 it expires in accordance with clause 7.8.

7.7 We reserve the right to suspend your account or revoke any and all Referral Credits at any time if we in our discretion consider that such Referral Credit was earned inappropriately.

7.8 You acknowledge that we may, at any time and at our sole discretion, suspend or discontinue the referral scheme. If we do so, we shall where possible, provide you with advance notice of any such changes.



8. LIMITATION OF OUR LIABILITY

8.1 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

8.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Sites or any content on it, whether express or implied.

8.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

8.3.1 use of, or inability to use, the Sites; or

8.3.2 use of or reliance on any content displayed on the Sites.

8.4 Please note that we only provide the Sites for domestic and private use. You agree not to use the Sites for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Sites or to your downloading of any content on it, or on any website linked to it.

8.6 We assume no responsibility for the content of websites linked on the Sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.



9. VIRUSES

9.1 We do not guarantee that the Sites will be secure or free from bugs or viruses.

9.2 You are responsible for configuring your information technology, computer programmes and platform in order to access the Sites. You should use your own virus protection software.

9.3 You must not misuse the Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Sites, the server on which the Sites are stored or any server, computer or database connected to the Sites.



10. LINKING TO THE SITES

10.1 You may link to the Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

10.2 You must not establish a link to the Sites in any website that is not owned by you.

10.3 The Sites must not be framed on any other site, nor may you create a link to any part of the Sites other than the home page.

10.4 We reserve the right to withdraw linking permission without notice.



11. THIRD PARTY LINKS

Where the Sites contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or the performance of the services. Your dealings with, and interest in, services, merchants or promotions found on or via the Sites are solely between you and the person with whom you are dealing. Accordingly, you use these services at your own risk and we accept no responsibility for them or for any loss or damage that may arise from your use of them.



12. APPLICABLE LAW

These Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.



13. INDEMNITY

You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of these Terms, or your infringement of any law or the rights of a third party in the course of using the Sites.



14. NO AGENCY

DinerMojo is not your agent for any purpose in relation to these Terms or your use of the Sites.



15. COOKIES, WEB BEACONS AND SIMLAR TECHNOLOGIES

15.1 When you visit or interact with the Sites, we or our authorised service providers may use cookies, web beacons and other similar technologies for storing information to help provide you with a better, faster and safer experience and for advertising purposes.

15.2 Our cookies and similar technologies have different functions. They are either necessary for the functioning of our services, help us improve our performance, give you extra functionality, or help us to serve you relevant and targeted ads. Sometimes these cookies are linked to your PII to improve your user experience (for example, by remembering your email address used to sign-in).

15.3 You are free to block, delete or disable these technologies if your device so permits. You can manage your cookies and your cookie preferences in your browser or device settings.

15.4 Where possible, we may utilize security measures to prevent unauthorised access to our cookies and similar technologies.

15.5 Service providers are companies that help us with various aspects of our business, such as site operations, services, applications, advertisements and tools. We use some authorised service providers to help us to serve you relevant ads on our services and other places on the Internet. These service providers may also place cookies on your device via our services (third party cookies). They may also collect information that helps them identify your device, such as IP-address, ID for Advertising (IDFA), or other unique or device identifiers.

15.6 Cookies use technologies that are essentially small data files placed on your computer, tablet, mobile phone or other devices (referred to collectively as a "Device") that allow us to record certain pieces of information whenever you visit or interact with our sites, services, applications, messaging and tools.

15.7 The specific names and types of the cookies, web beacons and other similar technologies (such as flash cookies, HTML 5 cookies and other web application software methods) we use may change from time to time.

15.8 Cookies can be disabled or removed by tools that are available in most commercial browsers. The preferences for each browser you use will need to be set separately and different browsers offer different functionality and options. The “similar technologies” referenced above can operate across all of your browsers, and in some instances may not be fully managed by your browser and may require management directly through your installed applications or device.

15.9 We may use the terms "cookies" or "similar technologies" interchangeably in our policies to refer to all technologies that we may use to store data in your browser or Device or that collect information or help us identify you in the manner described above.

15.10 We offer certain features, services, applications and tools that are available only through the use of these technologies. You are usually free to block, delete or disable these technologies if your browser, installed application or device so permits. However, if you decline cookies or other similar technologies, you may not be able to take advantage of certain site features, services, applications or tools. You may also be required to re-enter your password more frequently during your browsing session. For more information on how you can block, delete or disable these technologies, please review your browser or device settings.

15.11 Generally, these technologies allow our sites, services, applications and tools to store relevant information in your browser or device and later read that information in order to identify you to our servers or internal systems. We do not store any of your personal information on any of our cookies or other similar technologies.

15.12 Any personal information that we collect and store through use of these technologies is first obtained through notice and consent: We obtain your consent by providing you with transparent notice of use of the technologies and providing you with the opportunity to make a choice to disable these technologies as set forth above.

15.13 We may work with third-party companies, commonly known as service providers, who are authorised to place third-party cookies, web beacons or similar technologies for storing information on our sites or in our services, applications and tools with our permission. These service providers may help us to provide you with a better, faster and safer experience and may use these technologies to help us deliver our own content and advertising, and compile anonymous site metrics and analytics. We do not explicitly permit any of these service providers to collect any of your personal information on our sites or in our services, applications or tools for their own purposes. Third-party cookies are covered by the third parties' privacy policy.

15.14 We may use third parties, such as advertising networks and exchanges, to allow us to serve you advertisements. These third-party ad networks and exchange providers may use third-party cookies, web beacons or similar technologies to collect information. They may also collect your device identifier, IP address or identifier for advertising (IDFA). The information that these third parties collect may be used to assist us in providing you with more relevant advertising that we serve on our sites or elsewhere on the web. Third-party cookies are covered by the third parties' privacy policy.



Last Updated: August 2017