Terms and Conditions

All references to "you" and "your" are deemed to refer to any user and/or visitor of www.dinedesk.com ("Site") operated by us.

Any use by you of the Site is conditional upon your acceptance of these Terms & Conditions, including our Privacy Policy. Your continued use of the Site will be deemed acceptance of these Terms & Conditions, including our Privacy Policy.


Any use by you of the DineDesk system is conditional upon your acceptance of these Terms & Conditions, including our Privacy Policy. Your continued use of the Site will be deemed acceptance of these Terms & Conditions, including our Privacy Policy.

1. Grant of Software License

Upon payment of theLicense Fee, as set forth below, DineDesk grants to the Customer a limited, non-transferable license to use DineDesk's proprietary software at its premises, that is used to provide the DineDesk Restaurant System, solely for Customer's or Customer's subsidiary's own use on that equipment unit which runs the DineDesk Software Products (the"License")."DineDesk Restaurant System"shall mean the provisioning of the proprietary restaurant online reservation, Guest Management and table management services, tools and offerings that are comprised, without limitation, of the DineDesk Software.

Customer acknowledges that the License shall not be construed to convey any rights or proprietary interests in the Software Products to Customer, other than the License as specified herein. Notwithstanding the above, upon prior written notice to and approval by DineDesk, Customer shall have the right to transfer the Software Product(s) only to a subsidiary, affiliate or operating division of Customer, under the same terms and conditions as set forth in this Agreement.

Customer agrees that Dine Desk can use Customer's or Customer's subsidiary's name and logo for marketing purposes as in its marketing documents, marketing literature, brochures, websites, press releases, paper prints or any other format.

Customer understands that the feature set or usage of product is limited to the product features as are listed on the DineDesk website.

2. License Term and Termination

This Agreement shall be deemed effective upon activation of customer license (the"Effective Date). The License shall continue in accordance with div 3.1 below, unless terminated as follows: 1) Customer gives 90-day notice that it wishes to terminate the contract; 2) Customer fails to comply with its obligations as set forth herein and such failure continues from Fifteen (15) days after receipt of notice from DineDesk, then DineDesk may immediately and without notice terminate the License, require the immediate return to DineDesk of all Software Products and all Licensee (and Licensee's sub-licensees, subsidiaries, affiliates, operating divisions and all other related parties) access and exercise any other remedy existing at law or in equity.

3. Licence Fees

3.1 Continued payment of the License Fee, as set forth below (collectively, the"Fees"), shall entitle the Customer to the License and DineDesk's normal maintenance and support, including server maintenance for table management services and reservations services and any additional support, whether technical or otherwise, that may be required by the Customer within a 24-hour turn-around time on business days, and provide and make available to the Customer updates, revisions and releases of the Software Products for such Software Products (the"Maintenance") as long as the subscription is active.

3.2 License Fees.Customer shall pay, by "payment methods" agreed during subscription signup. Customer shall pay this License Fee regardless of the amount of Customer's use of the Software Products. Payment is due within 15 days of the issue of an invoice.

3.3 Payment Methods.Customer shall pay to Dine Desk by cheque or wire transfer in favor of to "Dine Desk Hospitality Solutions Pvt Ltd".

3.4 Non Payment.If Customer does not pay for charges when due and nonpayment continues for fifteen (15) days after notice by DineDesk, then DineDesk may at its sole discretion declare all unpaid charges and fees immediately payable, and immediately terminate the License and this Agreement.

3.5 Currency.Customer shall pay all Fees in Indian Rupees ("INR"), such that DineDesk shall receive all Fees as specified in this Agreement net of all monetary exchange costs. To the extent that Customer does not pay in any other currency and DineDesk is required to exchange the Fees from an alternate currency into INR, Customer shall pay all fees associated with such exchange.

3.6 Integrations or additional features.Customer shall use the Dine Desk products on as is basis. In case any modifications, integrations with other systems or additional features are needed, customer will pay Dine Desk an amount that is negotiated and approved by both parties.. The decision to undertake the enhancements will purely lie with Dine Desk.

4. Customer Rights and Obligations. As conditions to the grant of the License, the Customer agrees as follows:

4.1 that all copies of Software Products provided by DineDesk, in any form, are and remain the property of DineDesk or its licensor. Customer (i) has no right, title or interest in the Software Products except as stated herein, (ii) shall not sell, transfer or otherwise make available the same administrative access to Software Products to others except as set out in 1.2 to the Customer's subsidiary, affiliate or operating division, and (iii) shall take any action necessary with its employees who are permitted access to each Software Product to satisfy its obligations;

4.2 to keep confidential Software Products containing trade secrets and that this obligation survives termination of this Agreement;

4.3 not to reverse assemble or decompile any Software Product in whole or part;

4.4 to pay DineDesk for services necessitated by Customer's failure, or by the failure of those to whom Customer grants access to the Software Products, to utilize current Software Product releases;

4.5 to determine the appropriate use and limitations of each Software Product;

4.6 that existing artwork or images that the Customer may want to include in the Customer's project may be protected under copyright law. The unauthorized incorporation of such material into the Customer's new work could be a violation of the rights of the copyright owner. It shall be the sole responsibility of the Customer to obtain any permission required from the copyright owner. DineDesk shall not be liable for any violation by the Customer of any copyrights or other protected intellectual property;

4.7 that the Customer shall have the license to use the "DINEDESK" trademark for the limited purpose of featuring the trademark in the application and at all web landing pages and software screens relating to the DineDesk Restaurant System as integrated as part of theCustomer's product and service offerings, shall be included within the License. Customer's website home page will not be required to contain any reference to"DINEDESK" or any of its trademarks or logos. Any notifications sent by the DINEDESK system that is licensed by the customer shall not be required to contain the "DINEDESK" trademark. Following the termination of this Agreement, such trademark license shall terminate and the Customer shall immediately cease all use of such DineDesk trademarks.

4.8 that DineDesk will provide access to their existing web-based login to access the DineDesk system from the customer's website. The Customer will provide identifying graphics and/or text information to be integrated into the site. The site will present identity, links and contact information exclusive to Customer.

4.9 DineDesk reserves the right, without prior approval from or notice to the Customer, to make changes to the Software Products and to substitute Software Products and related materials reflecting those changes provided the Software Products delivered substantially conforms to the new specifications and does not remove any materially important functionality existing in the Software Products prior to the introduction of the new specifications.

5. Cancellation

The customer wishing to cancel subscription to Dine Desk services can do so by sending a request to support@dinedesk.com. The services will be immediately cancelled and refund policy will apply.

6. Refund Policy

The subscription will be cancelled with in 3 days of getting notice from customer. If the customer has paid the subscription charges in advance, they will be refunded back within 15 days either by payment mode convenient to Dine Desk. The refund will be calculated after deducting the service charges applicable for transaction of refund. The subscription charges for the tenure before the cancellation request cannot be refunded.

7. Customer Satisfaction

The Customer shall have all things in readiness for the Initial Integration, including, but not limited to, prerequisite software, equipment, connections and facilities for installation at the time the Software Products are delivered. In the event the Customer shall fail to have all things in readiness for installation on the scheduled Initial Integration date, the Customer shall reimburse DineDesk for any and all expenses caused by the Customer's failure to have things in readiness, unless the Customer has notified DineDesk at least seven (7) business days prior to the scheduled Initial Integration date.

8. Orders

Any service that is outside the scope of this Agreement may be provided, as available, in accordance with DineDesk's then current terms, conditions and charges.

9. Confidentiality

Customer acknowledges and agrees that any and all information emanating from the DineDesk's business in any form, including, but not limited to, Data (as defined below) is"Confidential Information," and Customer agrees that it will not, during or after the term of this Agreement, permit the duplication, use, or disclosure of any such Confidential Information to any person (other than an employee, agent or representative of the other party who must have such information for the performance of its obligation hereunder or in the execution of the duties of his or her employment), unless such duplication, use or disclosure is specifically authorized by DineDesk in writing. Customer shall use reasonable diligence, and in no event less than that degree of care which Customer uses in respect to its own confidential information of like nature, to prevent the unauthorized disclosure or reproduction of such information. Without limiting the generality of the foregoing, to the extent that this Agreement permits the copying of Confidential Information, all such copies shall bear the same confidentiality notices, legends, and intellectual property rights designations that appear in the original versions.

For the purposes of this div, the term "Confidential Information" shall not include: information which is in the public domain; information known to Customer as of the date of this Agreement, unless Customer agreed to keep such information in confidence at the time of its receipt; and information properly obtained hereafter from a source who is not under an obligation of confidentiality with respect to such information. The provisions of this div 7 shall survive termination or expiration of this Agreement.

10. Customer Information

The Parties hereby agree that Customer shall have ownership of all information and data regarding the customer's guests, generated in connection with the DineDesk Restaurant System (including names, addresses, usernames and passwords) and the advertising content secured thereby (collectively, the " Data). Each party shall provide access to all Data to the other party on an ongoing basis. The Customer agrees to use Data, subject to DineDesk's privacy policy, during the Term (i) for the sole purpose of enabling the Customer to provide the DineDesk Restaurant System pursuant to the terms of this Agreement, including permission for the Customer to store such Data in its databases as necessary to provide the DineDesk Restaurant System during the Initial Term and any Renewal Term and (ii) in aggregate statistical data form (e.g., number of impressions, number of clicks, demographics, timing of reservations, seating times, reservation times. Under no circumstances would the guest data from other customers shall be shared to you or vice versa.

11. Indemnification

The Customer shall indemnify, defend and hold harmless DineDesk and its equity holders, directors, officers, employees, agents and affiliates (each of the foregoing, a "DineDesk Indemnified Party" ) from and against, and shall reimburse DineDesk for, any and all losses that have been suffered or incurred by DineDesk and that have resulted from, or been occasioned by, (i) any breach or alleged breach by the Customer of any of its representations, warranties, covenants and other agreements set forth herein, or (ii) any injury to or death of any person, including the Customer's employees and agents, or damage to or destruction of any property of either Party hereto, or third parties or their property in any manner arising out of or by reason of the performance of this Agreement on the part of the Customer and/or its employees or agents, or as a result of any act or omission, negligent or otherwise, of the Customer, except to the extent such injury, damage, destruction and/or loss is a result of the negligence or willful misconduct of DineDesk, its officers, directors, agents and/or employees.

12. Limitation of Liability


13. Warranty

DineDesk represents and warrants that all Software Products shall substantially conform to the Software's features list on website. The Customer's exclusive remedy and DineDesk's entire responsibility under this warranty shall be to use reasonable efforts to correct or replace, at no additional charge to the Customer, any part of the Software Products found to be defective.

DineDesk further warrants that any Services provided by DineDesk under this Agreement shall be performed in a fully workmanlike manner and in accordance with the prevailing professional standards of the software industry. DINEDESK FURNISHES THE ABOVE WARRANTIES IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DineDesk does not warrant that the operation of the Software Products will be uninterrupted or free of errors. In the event DineDesk's servers are down for more than one (1) hour in any day, except for scheduled and normal outages necessary for upload and installation of upgrades and patches (for which, DineDesk will provide the Customer with at least twenty four (24) hours advance notice), the Customer shall not be charged shall receive a credit for such day's pro-rata License Fee. Any and all warranties shall be void if the Software Products have been modified without authorization by DineDesk or if installed on or used with equipment by the Customer which does not meet the minimum requirements necessary for proper operation as set forth by DineDesk. DineDesk shall not be liable for any failure or delay in performance due to any cause beyond its control and has no obligation arising out of the abnormal use of any item, site conditions not conforming to DineDesk's specifications, or any causes external to any item, including but not limited to accident, acts of God, fire or water damage, criminal conduct, neglect, acts of war, riots, strikes, lightning, electrical disturbances or other similar causes.

14. Miscellaneous

14.1 Assignment. The Customer may assign this Agreement in whole or part only with the prior written consent of DineDesk. DineDesk may assign this Agreement in whole or part and all or part of the payments to the extent that DineDesk's obligations to the Customer are not affected. DineDesk shall notify Customer of any such assignment and, upon request of assignee, Customer shall pay assignee directly for all payments assigned. Assignee will be entitled to assert all assigned rights but will not be obligated to Customer for any of DineDesk's obligations, and Customer agrees that any claim by way of abatement, defense, counterclaim or the like will not be asserted against assignee.

14.2 Amendments, Modifications or Supplements. Amendments, modifications or supplements to this Agreement shall be permitted, provided: (1) changes shall be in writing signed by the authorized representatives of both parties; (2) changes shall reference this Agreement and identify the specific articles or divs contained herein which are amended, modified or supplemented; (3) changes shall not adversely affect vested rights or causes of action which have accrued prior to the effective date of such change.

14.3 Governing Law. The validity, construction, interpretation and performance of this Agreement shall be governed by and construed in accordance with the domestic laws of the Hyderabad, India, without regard to its conflicts of laws principles and the parties hereto irrevocably submit to the jurisdiction and venue of the courts of Hyderabad, India to resolve any dispute arising hereunder or related hereto.