Introduction

Welcome to the DineBox, a brand owned by the DineBox. By using the DineBox, intended as a website at www.thedinebox.com or software applications (collectively, the "the DineBox", the "Service", the "System"), the user of our services expressly agrees to have read, understood and accepted these Terms and Conditions and our Privacy Policy.

If you do not agree with one or more of the clauses in our legal documentation, please do not use our services.

In order to use the service, you must:

  • You must be over 18 years of age. In the event that you are 13 years of age or older, you must have a parent or guardian consent to accept the rules contained herein.
  • You may accept and sign (by implication) our legal documentation.
  • You must be a resident of the country from which you are signing the contract.

The user also guarantees that all data provided to the DineBox at the time of signing the contract is true, accurate and complete and undertakes to keep it true.

Amendments to the agreements

From time to time, we may, at our discretion, make changes to the Service and/or our legal documentation. When we make significant changes to the legal documentation, we will notify users via the System. The continued use of the DineBox after such changes, implies an express acknowledgement and acceptance of the changes..

Licenses

The DineBox and the content provided through it are property of the DineBox or its licensors and we grant them to users under a limited, non-exclusive and revocable license for their personal and non-commercial use of the Service.

The DineBox retains ownership of all copies of software applications even after installation on users' devices. You may not assign, transfer or sub-license any of your rights under this License to any third party.

All the DineBox trademarks, service marks, trade names, logos, domain names and all other features of the the DineBox trademark are the exclusive property of the DineBox. This License does not grant any right to use the trademarks, the DineBox service marks, trade names, logos, domain names, or other features of the the DineBox trademark, whether for commercial or non-commercial use.

The user agrees not to use the the DineBox Service (including but not limited to its content) in any way that is not expressly provided for by these Conditions.

Third party software collections included in the the DineBox Service are licensed according to the rules set forth in these Terms.

Third-party services

The DineBox, in order to properly provide its services, may (now or in the future) use third party applications, websites and content directly offered by third parties ("Third Party Applications"). The use of these applications is subject to their own terms of use. You acknowledge and agree that the DineBox is not responsible for the behavior, features, or content of any third party application.

Cooking contents and responsibilities

”Chefs” on the DineBox are those people who directly cook and prepare the ordered foods and dishes by the user. In this sense, since DineBox does not directly prepare or craft the final products, we are not responsible for potential damages, issues, accidents direct or consequential occurred as consequence of food assumption by the final user. In this sense, DineBox does not monitor, review or verify the effective quality of the final products ordered by the user, in full accordance with the regulation AB 626 of California.

The DineBox is not responsible for the quality, quantity or type of final prepared dishes/foods by Chefs. If you believe that any Content infringes any intellectual property rights, please contact us using the support@thedinebox.com.

Payments

The DineBox currently accepts any credit card as method of payment. Using a determined credit card, the user expressly demonstrates to be the legal owner of the card or to have the full right to use it through our Platform.

User guidelines

The DineBox respects intellectual property rights and expects users to do the same. the DineBox has established some basic rules that users should follow when using the Service to ensure that the DineBox remains a product that everyone can use. Please, follow these rules and encourage other users to behave in the same way.

The following actions are not permitted for any reason:

  • copy, redistribute, reproduce, "extract", record, transfer, perform or publicly display, transmit or make available to the public any part of the the DineBox Service or Content, or alternatively make any use of the the DineBox Service or Content that is not expressly permitted under the Agreements or applicable law, or that otherwise infringes the intellectual property rights (such as copyright) of the the DineBox Service, Content or any part thereof;
  • use the the DineBox Service to import or copy local files for which you do not have the necessary legal rights to do so;
  • reverse engineer, decompile, disassemble, modify or create derivative works based on the the DineBox Service, Content or any part thereof, except as permitted by applicable law;
  • circumvent any technology used by the DineBox, its licensors or other third parties to protect Content or Service;
  • sell, rent, subcontract or lease any part of the the DineBox Service or Content;
  • circumvent any territorial restrictions applied by the DineBox or its licensors;
  • remove or modify any copyright, trademark or other intellectual property notices contained in or provided through the the DineBox Service (including for the purpose of concealing or modifying any proprietary or proprietary notices of any Content);
  • crawl within the the DineBox Service, or use other automated means (including bots, scraper and spiders) to collect information from the DineBox;

Please respect the DineBox, the owners of the Content and other users of the DineBox. Do not engage in any activity, post User Content (if applicable) or register and/or use a user name that is or includes material:

  • offensive, disparaging, defamatory, pornographic, threatening or obscene;
  • illegal or designed to promote or commit illegal acts of any kind, including but not limited to infringement of the intellectual property rights, privacy rights or exclusive rights of the DineBox or any third party;
  • malicious such as malware, Trojan horses or viruses, or otherwise capable of interfering with your access to the Service;
  • conceived or capable of causing disturbance or harassment to other users;
  • capable of faking or misrepresenting its affiliation with other users, persons or entities, or otherwise fraudulent, false, deceptive or misleading;
  • which uses automated means to artificially promote content;
  • which involves the transmission of unsolicited mass messages or other forms of spam ("spam"), junk mail, chain letters or the like, including through the inbox of the DineBox;
  • that involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes or pyramid schemes, that are not expressly authorized by the DineBox;
  • that connects, refers to or otherwise promotes commercial products or services, unless expressly authorized by the DineBox;
  • that interferes with or in any way disrupts the the DineBox Service, tampers with, violates or attempts to probe, examine or vulnerability test the the DineBox Service or computer systems or network, rules of use or any other security component, authentication measure or other the DineBox protection measure applicable to the Service, Content or any part thereof; or
  • that causes conflicts with the Agreements, as determined by the DineBox.

You understand and agree that the publication of such User Content may result in the immediate termination or suspension of your DineBox account. You also agree that the DineBox may recall your username for any reason.

The password protects the user account, and the user is solely responsible for keeping it confidential and secure. You understand that you are responsible for all use of your user name and password within the Service. In the event of theft or loss of your username or password, or if you believe that there has been unauthorized access to your account by a third party, please notify us immediately and change your password as soon as possible.

Chefs guidelines

The DineBox, though its platform, allows the registration and the enlisting action of Chefs, allowing them the chance to sell prepared dishes/food on the Website. In this sense, Chefs must not:

  • Declare false, misleading or incomplete information during the registration process.
  • Prepare foods or dishes using ingredients that are damaged, harmful, outdated or do not have a certain quality standard.
  • Prepare the food in a different way from what is stated directly on the website. Any dish or food incorrectly prepared will be the sole responsibility of the Chef, not ours.

Finally, any chef understands that he or she is the sole responsible for any potential damage, issue, problem or accident occurred as direct consequence of food assumption by the final user.

Limitations and Service modifications

The DineBox will make reasonable efforts to keep the the DineBox Service operational. However, from time to time, some technical difficulties or maintenance operations may cause temporary interruptions. To the extent permitted by applicable law, the DineBox reserves the right to modify or discontinue, periodically and at any time, temporarily or permanently, the functions and capabilities of the the DineBox Service, with or without notice and without any liability to users, except where prohibited by law, for any interruptions, changes or terminations of the the DineBox Service or other related functions.

Termination and cancellation

The Agreements will remain in force until terminated by the user or the DineBox. However, the user understands and agrees that the DineBox may at any time suspend or completely deny access to the services to any user, without any written notice.

Similarly, we reserve the full right to suspend or terminate any chef account if it violated these Terms and Conditions, without any written or verbal notice.

Warranty and disclaimer

The dinebox tries to provide the best possible service, but the user understands and agrees that the the dinebox service is provided "As is" and "As available" without any warranty or express or implied status of any kind. You use the dinebox service at your own risk. To the maximum limits laid down by applicable law, the dinebox and all content owners do not provide any insurance and deny any warranty or satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. The dinebox and the content owners do not warrant that in any way the dinebox service is free of malware or other harmful components. In addition, the dinebox does not provide any insurance and does not warrant, affirm or assume the responsibility of any application of third parties (or its content), user content or other products or services published or offered by third parties on or through the service the dinebox or a website linked through hypertext link or presented in a banner or other advertising. You acknowledge and accept that the dinebox is not responsible for any transaction between user and suppliers third parties of applications or third-party products or services published on or through the dinebox service. In this response, no advice or information provided for oral or written by the user to the dinebox will constitute any form of warranty for the dinebox. If prohibited by applicable law, some aspects of this section can not apply to certain jurisdictions.

Limitations

You agree that, to the extent permitted by applicable law, the only and solely remedy for any problems with the dinebox service consists in uninstalling the dinebox software and stopping using the dinebox service. Even if the dinebox does not assume any liability for third party applications or their content, and even if the relationship with these third party applications may be adjusted by separate agreements with those third parties, to the extent permitted by law only and only remedy offered by the dinebox for any problems or dissatisfaction with third party applications or their content consist in uninstalling and / or stop using these third-party applications.

In the maximum extent permitted by law, in no event shall the dinebox and its officials, shareholders, employees, agents, directors, affiliates, branches, successors, assignees, suppliers or licensors may be considered liable for (1) any indirect, special, incidental damages , punitive, exemplary or consequent; (2) any loss of use, data, business or useful (direct and indirect).

Severability and waiver

Except as otherwise stated in the Agreements, where any provision of the Agreements is held to be invalid or unenforceable for any reason or at any level, such invalidity or un-enforceability shall not in any way interfere with or render invalid or unenforceable the remaining provisions of the Agreements, and the enforcement of such provision shall be enforced to the fullest extent permitted by law.

Any failure by the DineBox or third party beneficiaries to enforce the Agreements or related clauses shall not void the DineBox's or third party beneficiary's right to do so.

Assignment

The DineBox may assign the Agreements or any part thereof, and may also delegate any obligations under the Agreements. You may not assign the Agreements or any part thereof, nor transfer or sublicense your rights under the Agreements to any third party.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold the DineBox harmless from and against any damages, losses and expenses of any kind (including reasonable attorneys' fees and costs) arising out of: (1) your violation of this Agreement; (2) any User Content; (3) any activity in which you engage or perform through the the DineBox Service; and (4) your violation of any law or the rights of any third party.

Jurisdiction

The DineBox operates in full accordance with the applicable laws of the State of California and federal laws provided by the United States of America. In this sense, any dispute or legal controversy will be resolved in the exclusive courts of the State of California.

Contacts

If you have any questions about the the DineBox Service or Agreements, please contact us at support@thedinebox.com.