Times Internet Limited ("TIL") reserves the right to suspend / cancel, or discontinue any or all channels, products or service at any time without notice, make modifications and alterations in any or all of the content, products and services contained on the site without prior notice.
TIL reserves the right to charge subscription and / or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of this Site.
Unless otherwise stated, copyright and all intellectual property rights in all material presented on the site and mobile apps (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the property of Times Internet Limited, its parent, affiliates and associates and are protected under applicable Indian laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of TIL; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Site / Service, including without limitation, the size, color, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
TIL grants you permission to only access and make personal use of the Site and You agree not to, directly or indirectly download or modify / alter / change / amend / vary / transform / revise / translate / copy / publish / distribute or otherwise disseminate any content on TIL's Site / Service, or any portion of it; or delete or fail to display any promotional taglines included in the Site / Service either directly or indirectly, except with the express consent of TIL. However, you may print or download extracts from these pages for your personal / individual, non-commercial use only. You must not retain any copies of these pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for personal / individual use. TIL forbids you from any attempts to resell or put to commercial use any part of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any other merchant; any renting, leasing, or otherwise transferring rights to the Site / Service; displaying the name, logo, trademark or other identifier of another person (except for indiatimes.com or you) in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Service on the Site, or any data gathering or extraction tools; or any use of meta tags. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site. No part of the Site may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission.
Dineout is designed to help you find the best of restaurants, nightlife, events and movies around you and your city. In order to do this, Dineout requires the use of such information including, but not limited to, your email, password and or other informations that was used while Signing Up with the services. Dineout offers Sign Up process with our own sign up system and other platforms such as Facebook and Google+.
Dineout uses Facebook Connect and Google+ platforms as a medium for signing up only. The user data collected by Dineout shall only be through the above mediums which will be be provided by the intended user through their Facebook or Google+ profile, no other data shall be collected/used by Dineout apart from those that was permitted during Sign Up process.
However, kindly note that the manner in which Facebook and Google+ uses, stores and discloses your information is governed solely by its policies, and TIL/Dineout bears no liabilities/responsibility for its privacy practices and/or other actions of any third party site or service that may be enabled within the Service.
For certain services such as email, personal web pages, contests and shopping, signing up by the visitor is required. To sign up for these services you have to open an account by completing the signing up process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. By Signing Up, you agree to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the Site. Each sign up is for a single individual user only. To access these services, you will be asked to enter your individual Email Address and Password, as chosen by you during your signing up. Therefore, we do not permit any of the following :-
If Dineout reasonably believe that an account and Password is being used / misused in any manner, Dineout shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Dineout immediately of any unauthorized use of your account or any other breach of security. Dineout will not be liable for any loss that you may incur as a result of someone else using your password or account. However, you could be held liable for losses incurred by TIL/Dineout or another party due to someone else using your account or password.
We may use the personal information to provide the services you request. However, to the extent we use your personal information to market to you, we will also provide you the ability to opt-out of such uses. The personal information shall be used by us to resolve disputes; troubleshoot problems; help/promote a safe service; measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection. In our efforts to continually improve our products and services, we collect and analyze demographic and profile data about our users' activity on our mobile application.
We may occasionally ask you to engage in factual or interest based surveys. These surveys may ask you for more information around your interest and demographic information (like movies of choice, or prefered cuisines). The data so collected through surveys is solely to enhance your experience in the usage of the mobile application, providing you with content that we think you might be interested in, and to display content according to your preferences. It is however clarified that, filling in of such surveys is optional.
Dineout is about recommending you restaurants / places around you and your city and in order to do that we would need to know your location. Whenever you open and interact with Dineout app or visit dineout.co.in on your mobile, we use the location information from your mobile device or browser (latitude and longitude) to customize the experience around your location (i.e., showing you recommended places to eat, club or watch a movie nearby). Your location information is NEVER shared with others. Dineout mobile app also allows you to select a locality of your choice or let the app determine your current location by tapping on your location name on Location Change screen. It allows us to tell you where the recommendations are based on the location that is determined by the device or your selection.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any of our servers, or the network(s) connected to any TIL server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
You represent that you have valid rights and title in any and all Content/Images that you submit on the Site, that you have not infringed on any IPR belonging to any party and further that you will indemnify TIL or its affiliates including Dineout for all claims arising out of any content that you post on the Site or its products.
Dineout accepts no responsibility for the said Content / Images. However, you understand that all Content / Images posted by you becomes the property of Dineout and you agree to grant/assign to Dineout, a non-exclusive, royalty free, perpetual, irrevocable and sub-licenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content / Images (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world".
You represent that you are a responsible adult (18 years or above) and/or otherwise capable of entering into and performing legal agreements, and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Service, they may do so only with the involvement of a parent or legal guardian, under such person´s account and otherwise subject to these Terms. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member / utilize the Site or Service and you shall be solely responsible for all Content/Images that you upload post or otherwise transmit.
Dineout endeavours to provide a web platform for various community interactions for persons to interact and exchange views with each other. The content posted on such services is by general public therefore the accuracy, integrity or quality of such content cannot be guaranteed. You understand that by using such services, you may be exposed to objectionable matter. By using the facility of review/rating and other community services you agree not to upload, post, or otherwise transmit any matter or views, which are, defamatory, abusive, pervasive, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. You may also not indulge in cyber stalking, become or create a nuisance for any visitor / user of the Site.
You may not send, submit, post, or otherwise transmit, material or messages that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this Site or Mobile, or other user's ability to engage in real time exchanges.
You agree that You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that -• belongs to another person and to which you do not have any right to; • is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; • harm minors in any way; • infringes any patent, trademark, copyright or other proprietary rights; • violates any law for the time being in force; • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; • impersonate another person • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
Any transactions relating to booking of table or reservations of goods or services not directly offered by Dineout are to be settled inter-se between the parties to such transaction and all warranties express or implied of any kind, regarding any matter pertaining thereto, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed by TIL/Dineout. Dineout merely endeavours to provide a platform where you and other party may interact, exchange information or carry out a reservation on such basis that are mutually agreed between you and the other party. Dineout shall not be liable for any loss that you may incur, while making reservations or bookings of the third party. Under no circumstances shall TIL/Dineout be held responsible or liable, in any way, for any content which in Legal opinion is derogatory, threatening, defamatory, obscene or offensive or offends public sensibilities or morals and shall also not assume liability for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted or uploaded on the Site, or any infringement of another's rights, including intellectual property rights. You specifically agree that Dineout is not responsible for any content sent using and/or included in Dineout's site/mobile/service by any third party.
You hereby agree and assure Dineout that the Site/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. You further concur that you will not, through Site/Mobile/Service:• post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus trojan horses, time bombs, bots, botnets, malicious content, content theft, data manipulation, threats or any other harmful programs or elements or component; • delete from the Site any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify; • not use the Site / Mobile / Service in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any TIL / Dineout's server, or the network(s), computer systems / resource connected to any Dineout's server, or interfere with any other party's use and enjoyment of the Site/Mobile/Service; • obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site/Mobile/Service; • engage in any activity that causes / may harm minors; or • perform any activity which is likely to cause such harm; • impersonate any person or entity, including, but not limited to, Dineout's official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; • take any action which encourages or consists of any threat of harm of any kind to any person or property; • carry out any "denial of service" (DoS, DDoS) or any other harmful attacks on application or internet service or; • use the Site/Mobile/Service for illegal purposes; • disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any Dineout's website or mobile apps. • transmit through the Site or Mobile apps, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable material of any kind or nature. This includes text, graphics, video, programs or audio, etc.; • collect or attempt to collect personally identifiable information of any person or entity without their express written consent and you shall maintain records of any such written consent throughout the terms of this agreement and for a period of 2 years thereafter; • engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site. • upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", duplicative messages or any other form of solicitation. • encumber or suffer to exist any lien or security interest on the subject matter of this Agreement; or • make any representation or warranty on behalf of TIL. You agree not to post, distribute, transmit or otherwise make available any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: • infringement of any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software; • right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; • any confidentiality obligation. Unless otherwise permitted, you will: (i) display the Service on your Site or Products in the exact form received by you, and not modify or edit any of the foregoing without Dineout's prior written consent; (ii) ensure that the fundamental meaning of the Service is not changed or distorted; (iii) comply with all applicable laws and all limitations and restrictions (if any) placed by Dineout on the use, display or distribution of any Service and (iv) not archive any of the Service for access by users at any future date after the Service has been removed from your Website or product accordingly. You acknowledge that the service must link and redirect to the appropriate Dineout's web page when a user clicks on the Service (e.g. a headline). You shall not display the Service in such a manner that does not allow for successful linking and redirection to, and delivery of, Dineout's Web page, nor may you frame any Dineout's Web page.
You will not use any communication tool or other means available on the Site to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). Dineout will not sell, lease or rent its e-mail subscriber lists to third parties. You may not harvest information about users of Dineout for the purpose of sending or to facilitate the sending of unsolicited bulk communications. We may terminate your access or use of the service immediately, with or without any notice, and take any other legal action if you, or anyone using your access details to the Site or Mobile apps, violates these terms. We may adopt any technical remedy (including any filtering technology or other measures) to prevent unsolicited bulk communications from entering, utilizing or remaining within our computer or communication networks. Such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the Dineout's Web Sites.
TIL/Dineout disclaims all warranties, express or implied, statutory or otherwise, as to the Services provided, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement are disclaimed and excluded.
Dineout and its parent, affiliates and associates shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages (including, without limitation, damages for loss of business projects, damage to your computer system or damages for loss of profits, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Dineout sites/mobile/services, with the delay or inability to use the Dineout's sites/mobile/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Dineout sites/mobile/services, or otherwise arising out of the use of the TIL sites/mobile/services) arising in contract, tort or otherwise from the use of or inability to use the Site, or any of its contents, or from any act or omissions a result of using the Site or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the site. No representations, warranties or guarantees whatsoever are made by Dineout as to the (accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any products, services, content, information, or other material purchased or obtained from the website or mobile apps will meet your expectations or requirements; or (d) any errors in the website or mobile apps will be corrected.
All the contents of this Site and Mobile apps are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Site and Mobile apps is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Site or Mobile app. The information from or through this site is provided on "AS IS" basis, and all warranties and conditions, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without Certain links on the Site lead to resources located on servers maintained by third parties, these sites of third party(s) may contain Dineout's-logo, please understand that it is independent from Dineout, over whom Dineout has no control or connection, business or otherwise as these sites are external to Dineout. You agree and understand that by visiting such sites you are beyond the Dineout's website. Dineout, therefore neither endorses nor offers any judgement or warranty and accepts no responsibility or liability for the authenticity, availability, suitability, reliability, accuracy of the information, software, products, services and related graphics contained, of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or interactions/s on these site(s), as the same is provided on "as is" without warranty of any kind. Dineout gives no warranty and makes no representation whether expressed or implied, that the information contained in this site is error free. Dineout shall not be responsible nor liable for any consequential damages arising on account of your relying on the contents of the advertisement. Before relying on the material, users should independently verify its relevance for their purposes, and should obtain any appropriate professional advice.
Certain elements of the Site will contain material submitted by users. Dineout accepts no responsibility for the content, accuracy, conformity to applicable laws of such material. You will indemnify and hold harmless Dineout against all third party claims, demands and actions brought against Dineout which arises from or relates to the material submitted by you.
Part of the Site contains advertising information or promotion material or other material submitted to Dineout by third parties. Responsibility for ensuring that material submitted for inclusion on Site or Mobile apps complies with applicable International and National law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Dineout found on or through the Website and or Mobile apps, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. TIL will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Dineout advertisers on the Website and Mobile apps. Dineout reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Site and Mobile apps will be subject to these terms and conditions.
Dineout may send information and offer products and services to you from time to time. For further details relating to our policy relating to such offer please refer to our privacy statement. Notwithstanding the foregoing, Dineout reserves the right to disclose any information in response to / that it is required to be shared, disclosed or make made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to Dineout.
Further, Dineout can and you authorize Dineout/TIL to disclose your name, street address, city, state, zip code, country, phone number, email, and company name to Intellectual Property right's owners, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Dineout and you shall have no authority to bind Dineout in any manner, whatsoever.
TIL shall have no liability to you for any interruption or delay, to access the Site or Mobile apps irrespective of the cause.
The Agreement shall be governed by the Laws of India. The Courts of law at Delhi/New Delhi shall have exclusive jurisdiction over any disputes arising under this agreement.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
We reserve the right to remove any messages we deem to be inappropriate, i.e, racist, sexist or threatening. Messages using inappropriate language will also be removed. We do not wish to be censors, but our forums must remain civilized and respect the rights of others.
You and Dineout agree that any cause of action arising out of or related to the Dineout's websites or mobile apps, only, must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.
By using Dineout's sites and services, you signify your acceptance of this Privacy Statement. If you do not agree or are not comfortable with any policy described in this Privacy statement, your only remedy is to discontinue use of Dineout sites or mobile apps. We reserve the right, to modify this Privacy Statement at any time.
Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.
If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
Notice of Copyright Infringement and Grievance Redressal Mechanism:
Dineout is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site or mobile apps, or items advertised on the site or mobile apps, by end users or any other third parties.
Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to email@example.com or Ms. Anchal Chanana ("Grievance Officer").
Ms. Anchal Chanana
Grievance Redressal Officer
Times Internet Limited
Plot No. 391, Udyog Vihar, Phase – III,
Gurgaon - 122016
Copyright © 2014, dineout.co.in (Times Group Property). All Rights Reserved. This disclaimer/ terms of service notification is subject to change without notice.