GENERAL TERMS AND CONDITIONS OF SERVICE

1. Definitions

For the purposes of these General Terms:

• “Subscription” means the paid plan taken out by the User that allows, for its duration, to take advantage of offers published by the Restaurants according to the methods indicated on the Platform;
• “Account” means the account created by the User upon completion of registration on the Platform;
• “Diner” means the User and their possible guests;
• “Access Credentials” means the username and password chosen by the User when creating the Account and necessary to access their personal profile and the functionalities of the Platform;
• “Force Majeure Event” means any extraordinary, unforeseeable event beyond the will and control of DineIT that makes it impossible, in whole or in part, to provide the Services or to fulfil contractual obligations, including but not limited to: natural disasters, pandemics, epidemics, fires, floods, earthquakes, wars, acts of terrorism, riots, general strikes, prolonged blackouts, telecommunications network interruptions, systemic malfunctions of technology providers, administrative or judicial authority measures that prevent or limit the operation of the Platform;
• “No-Show” means the failure of the User and/or any additional Diners to appear at the Restaurant at the time of the Booking, without prior cancellation made according to the methods and within the terms provided by the Platform;
• “Offer” means the commercial proposal independently published by the Restaurant on the Platform, containing the economic conditions and the methods for using the discount or benefit;
• “User Profile” means the reserved area of the Platform through which the User can use the Service, purchase Subscriptions or Vouchers, view available offers, and modify their personal information;
• “Parties” means jointly the User and DineIT;
• “Restaurants” or “Restaurateurs” means the dining establishments participating in the DineIT network, which independently publish their Offers on the Platform and determine their content, conditions of use, limitations, and availability;
• “Services” means jointly the Service and any Connected Services made available through the Platform;
• “User” means the natural person who registers on the Platform and uses the Services provided by DineIT through the purchase of individual Vouchers (“Basic User”) or through the subscription of a Subscription (“Subscribed User”);
• “Voucher” means the digital title automatically generated by the Platform simultaneously and inseparably with the Booking, which grants the User the right to the discount indicated in the Restaurateur's Offer, within the limits and under the conditions provided from time to time.

2. Contract conclusion, duration and fees

2.1. The User may use the Services only after registering an Account on the Platform pursuant to the following art. 3 (“Platform Registration”).

2.2. The registration of an Account and the use of the Services imply the User's full acceptance of these General Terms. By registering the Account and accepting the General Terms, the User enters into a binding indefinite-term contract with DineIT, having as its object access to and use of the Platform.

2.3. The User may withdraw from the contractual relationship at any time by closing their Account through the appropriate functionality of the Platform or by sending a communication to the following email address [email protected]. In turn, DineIT may withdraw from the relationship at any time, giving the User reasonable notice, in any case not less than 14 days.

2.4. Registration on the Platform and use of the Service are free of charge and do not, in themselves, entail any payment obligation on the User. It is understood that the possibility of taking advantage of the Offers published by the Partner Restaurants is subject, as the case may be, to:

1. the subscription of a Subscription, with payment of the monthly or annual fee indicated on the Platform at the time of subscription;
2. the purchase of one or more Vouchers, at the price indicated on the Platform from time to time.

2.5. The request for activation and use of one or more Connected Services also implies the User's full acceptance of any particular conditions applicable to the individual Connected Services (the “Particular Conditions”). In case of conflict between these General Terms and the individual Particular Conditions, the latter shall prevail. With specific reference to one or more Connected Services, the Particular Conditions may provide for different terms of duration of the relationship, as well as the obligation to pay a fee in the manner specified in the Particular Conditions themselves.

3. Platform Registration and Access Credentials

3.1. To open an Account on the Platform and use the Services, you must be at least 18 years old. By registering an Account on the Platform, the User confirms that they are of legal age and in any case have full capacity to act to enter into a binding contract with DineIT.

3.2. The User may create an Account on the Platform by choosing one of the following registration methods: (i) by linking to their Google account (the “Google Account”); or (ii) by creating Access Credentials. Subsequent access to the Platform must be made using the same authentication method selected at registration. If the User loses or forgets their Access Credentials, they may request a reset through the specific recovery procedure provided on the Platform.

3.3. During the registration process, the User will be asked to accept these General Terms and to review the Privacy Policy on personal data processing.

3.4. By accepting these General Terms, the User undertakes not to communicate or transfer to third parties, even temporarily, their Access Credentials or the credentials of the Google Account possibly linked to the Platform. The Access Credentials and the Google Account constitute the means by which the User is identified on the Platform. All operations carried out through such access methods are considered to have been performed by the User and are attributable to them. The User is responsible for the proper safekeeping of the Access Credentials and the Google Account credentials and undertakes to take all appropriate measures to prevent their unauthorized use. In case of theft or suspected use of the Access Credentials, the User is required to promptly notify DineIT.

3.5. By accepting these General Terms, the User guarantees that the information provided during the registration process or at any subsequent stage: (i) is complete and truthful; (ii) will be updated without delay by the User in case of changes. The User undertakes to hold DineIT harmless and indemnified from any damage, compensation obligation and/or penalty arising from and/or in any way connected to the User's violation of the provisions of this article 3.

4. Service Description

4.1. Purpose of the Service. The Service allows the User to connect with Restaurants that choose to promote an Offer on the Platform (the “Active Restaurants”) and to make a booking by taking advantage of any discounts associated with the Offer (each a “Booking”). DineIT may also activate Connected Services or services ancillary to the use of the Platform, each governed by its own Particular Conditions. By way of example and not limitation, the Service may include one or more of the following features:

1. browsing the Offers promoted by the Active Restaurants on the Platform;
2. searching and filtering Restaurants based on criteria such as location, cuisine type, time slot, discount percentage, or other preferences indicated by the User;
3. checking availability and making one or more Bookings;
4. expressing appreciations (“likes”) regarding the Restaurants on the Platform;
5. the ability to add certain Restaurants to favourites and receive notifications within the App regarding new Offers or promotions;
6. viewing Bookings made, with the possibility of modifying or cancelling them according to the methods made available on the Platform;
7. accessing the history of Bookings made through the Platform.

4.2. Nature of DineIT's role. DineIT acts as a provider of information society services and makes available an intermediation service between Diners and Restaurateurs. The Booking constitutes a direct agreement between the Diner and the chosen Restaurant. DineIT is not a party to the contractual relationship between the Users and does not act as agent, mandatary, or representative of any User.

4.3. Restaurateur Content and liability. The information published on the Restaurant's page (the “Restaurateur Content”) may be provided directly by the Restaurateur and/or obtained from third-party sources. The Restaurateur is responsible for the accuracy, timeliness, completeness, and legitimacy of the information and content relating to their business and undertakes to update them promptly in case of changes.

4.4. Offers and validity conditions. The Restaurateurs independently determine their promotional strategy and may provide discounts applicable to specific time slots and/or to a limited number of people. The validity conditions of the Offers, including any limitations, are made available on the Platform and constitute an integral part of the Restaurateur Content. The User is required to verify them before the Booking and may not request the application of discounts outside the published Offers and the procedure provided on the Platform.

4.5. Booking methods. Users may make Bookings at Active Restaurants on the Platform according to the methods made available from time to time. Table availability can be viewed in real time through the Platform and is updated directly by the Restaurateur. When making a Booking, the User is required to indicate: the total number of guests, within the limits provided in the following point 4.6; the chosen date and time from those displayed on the Platform. Following the correct finalization of the Booking, the Platform issues a confirmation receipt.

4.6. Cancellation of bookings. The User acknowledges that the Booking grants access to dining services provided on a specific date and time slot, qualifying as services related to leisure activities pursuant to art. 59, letter n), of the Consumer Code. The User may cancel the Booking within fifteen minutes of the Booking time, but even in case of cancellation within the indicated deadline, the Voucher shall be considered used and shall not entitle the User to any refund, total or partial, of the amount paid. Cancellation made beyond the deadline shall be considered a No-Show also for the purposes of the measures referred to in the following art. 8.2.

4.7. Number of Diners. The Subscribed User may make Bookings for themselves and for a maximum of five additional Diners within the same Booking. In any case, the total number of Diners, including the User, may not exceed six. The Basic User, at the time of the Booking, is required to purchase a Voucher for themselves and for each additional Diner indicated, it being understood that the total number of Diners, including the User, may in no case exceed six. The purchase of Vouchers is subject to the economic conditions in force at the time of the transaction, as indicated on the Platform.

4.8. Multiple bookings. It is not permitted to make multiple Bookings through the same Account in order to:

1. achieve the presence of a number of Diners greater than that permitted;
2. combine multiple Offers on the same table or group;
3. circumvent the limits set for the use of the Offers.

4.9. Attendance rules and No-Show. The User and any additional Diners are required to appear at the Restaurant at the time indicated in the confirmed Booking. A maximum tolerance of thirty (30) minutes from the booked time is provided, after which the Booking may be considered a No-Show. In case of No-Show, the Restaurateur may cancel the Booking and report it to the Platform for the purpose of adopting any measures provided by these General Terms. Any disputes regarding the refusal of the Booking or the management of the delay must be addressed directly to the Restaurateur. It is understood that, with reference to Basic Users, in case of No-Show, DineIT shall not proceed with any refund of the Voucher.

4.10. Content, ratings and reviews. The Platform allows Users to express a rating regarding the Restaurants. The rating may consist exclusively of a positive or negative summary judgement. The publication of text reviews is not provided. The overall indicator displayed for each Restaurant is determined on the basis of the aggregation of ratings expressed by the Users.

4.11. Food intolerances and special requests. Any communications regarding food intolerances, allergies, dietary requirements, or other specific needs of the Diners must be addressed directly to the Restaurateur. DineIT does not acquire, process, or store such information within the scope of the Service. The management of requests and the verification of the possibility of fulfilling them remain the sole competence and responsibility of the Restaurateur.

5. DineIT's Obligations and Liability

5.1. DineIT undertakes to maintain and manage the Platform using the best expertise at its disposal to ensure its efficiency, it being understood that the Platform is provided “as is” and without warranties of any kind regarding its suitability for the User's specific purposes or the absence of errors, inaccuracies, or imprecisions.

5.2. Without prejudice to the foregoing, during the relationship, DineIT reserves the right to carry out maintenance interventions at any time aimed at correcting and/or improving the Platform and/or the provision of the Services. The User acknowledges and accepts that any interruptions or slowdowns connected with the execution of a maintenance intervention may not be considered as a Platform malfunction.

5.3. DineIT may not be held liable for any delay, anomaly and/or damage, including indirect, consequential, special, and incidental damages, that may occur as a result of: (i) Force Majeure Events; (ii) events dependent on the actions of third parties, such as the interruption or malfunction of telecommunications operator services and/or power lines, or acts or omissions of competent authorities; (iii) events dependent on the User's actions, such as the malfunction of terminals or other communication systems used by the User.

5.4. Except in cases of wilful misconduct or gross negligence attributable to DineIT, the latter may not be held liable for any damage, direct or consequential, suffered by the User in connection with the use of the Platform and the Services, such as lost profits or loss of opportunity, disconnection of utilities, additional charges for late payments, etc…

6. User's Obligations and Liability

6.1. The User undertakes to use the Services in such a way as not to compromise their stability, security, and quality.

6.2. The User undertakes not to use the Services for unlawful purposes and to operate in full compliance with applicable laws and regulations. In particular, the User undertakes not to upload information onto the Platform that may in any way infringe the rights or interests of third parties. In the event that the Services are used in relation to personal data concerning third parties (for example, to communicate data relating to a Diner), the User declares and guarantees: (i) that they have provided DineIT's Privacy Policy on personal data processing to the data subject and have obtained the necessary consent from the latter for the communication of their personal data to DineIT for purposes connected with the provision of the Services; or (ii) that they in any case have the necessary legitimacy to use the Services in relation to the third party's data (for example, in the case of a User exercising parental responsibility over a minor). The User is expressly prohibited from using the Services in relation to third party data without having the necessary authorizations or legitimacy. DineIT reserves the right to suspend the Services or, in the most serious cases, to permanently close the User's Account if it has reason to believe that the User is acting in violation of this article, without prejudice to the right to compensation for damages.

6.3. The User acknowledges that the Platform and the Connected Services are intended exclusively for natural persons and that, therefore, their use on behalf of a legal entity is not permitted in any way. The User is also expressly prohibited from using the Platform and the Connected Services for their own commercial purposes, including the resale of the Services to third parties. DineIT reserves the right to unilaterally suspend the Services or, in the most serious cases, to permanently close the User's Account if it has reason to believe that the User is acting in violation of this article, without prejudice to the right to compensation for damages.

6.4. The User acknowledges that they are solely and exclusively responsible for the activities carried out through the Service or directly or indirectly attributable to them. In particular, the User acknowledges that they are responsible for the information entered on the Platform, with the consequence that DineIT may not be held liable in any way for criminal, civil, and administrative offences committed by the User in the use of the Services or, in any case, through the Platform. The User undertakes to indemnify and, in any case, hold DineIT harmless from any action, claim, demand, cost, or expense, including reasonable legal fees, that may arise from the User's failure to comply with the obligations assumed and the guarantees given by accepting these General Terms.

7. Intellectual Property and Usage Restrictions

7.1. By accepting these General Terms, the User acknowledges DineIT's intellectual and industrial property rights over the Service, the Site, the Platform and its possible updates, including trademarks, logos, graphic interfaces, images, sounds, and any other creative or distinctive element of the Platform and the Services.

7.2. The User is permitted to use the Platform and the Services in accordance with the provisions of these General Terms and on the Site for exclusively personal and non-commercial purposes.

7.3. Without prejudice to the provisions of the preceding article 7.2, the User is expressly prohibited from:

1. copying or modifying the Services and/or the Platform;
2. reverse-engineering, decompiling, or creating derivative works based on the Services and/or the Platform;
3. reselling, renting, sublicensing, distributing, or transferring to third parties, in whole or in part, the Services and/or access to the Platform;
4. using the distinctive signs of the Services and the Platform;
5. using the Services and/or the Platform in an unlawful manner or in a manner incompatible with third-party rights, or for purposes not permitted by the General Terms or otherwise not in line with the purposes of the Services;
6. uploading or otherwise transmitting viruses or other computer codes capable of interrupting or limiting the normal functioning of the Services or the Platform;
7. circumventing, disabling, or otherwise interfering with the security measures or other systems that prevent or limit the use or copying of any content of the Platform and the Services;
8. exploiting the Services and/or the Platform in competition with DineIT.

8. Service Suspension and Contract Termination

8.1. In cases of particular gravity and urgency, DineIT reserves the right to suspend, as a precautionary measure, the provision of the Services even without prior notice to the User if it has reason to believe that the User's manner of using the Services may, directly or indirectly, cause damage to DineIT or compromise the stability, security, and quality of the Services offered.

8.2. In the most serious cases of violation by the User of the obligations set forth in articles 6.1, 6.2, and 7, DineIT may definitively and immediately terminate the relationship by closing the User's Account. Account closure may also be ordered in case of repeated No-Shows, and in particular if the User registers five (5) or more No-Shows within twelve (12) months, without prejudice to any further measures provided by these General Terms.

8.3. In any case, DineIT's right to compensation for damages is reserved.

9. Communications

9.1. Any communication relating to these General Terms may also be made by email.

9.2. DineIT shall send communications addressed to the User to the email address used by the User during registration on the Platform or to the different email address that the User enters on the Platform in replacement of the previous one. The User may send communications addressed to DineIT to the following email address [email protected].

10. Miscellaneous Provisions

10.1. DineIT reserves the right to modify these General Terms at any time, notifying the User of the new conditions with at least 5 days' notice before the date on which the modifications take effect. If the User disagrees with the modifications, the User may withdraw from the contract as provided in the preceding art. 2.3, it being understood that the use of the Services after the notice period implies tacit acceptance of the new conditions.

10.2. The User hereby authorizes DineIT to assign or transfer to third parties the contract resulting from their acceptance of these General Terms as well as the rights and/or obligations arising therefrom; it is also understood that in such cases DineIT may transfer to the third party the User's personal data where this is necessary for the continuation of the Service provision relationship.

10.3. If any provision of these General Terms becomes illegal, invalid, or otherwise unenforceable under the law of any jurisdiction, this shall not affect the legality, validity, or enforceability of any other provision of these General Terms.

11. Personal Data Processing

11.1. DineIT, as data controller, shall process the personal data provided by the User for purposes related to the provision of the Services in accordance with its Privacy Policy on personal data processing.

11.2. The Privacy Policy on personal data processing is accessible in the “Privacy” section of the Site (dineit.it/privacy-policy). By accepting the General Terms, the User confirms that they have read the Privacy Policy on personal data processing.

12. Applicable Law and Jurisdiction

12.1. These General Terms are governed by Italian law and shall be interpreted in accordance with it.

12.2. Except for disputes with consumers, for any dispute arising from the conclusion, execution, breach, or termination of the agreement subject to these General Terms, the Court of Rome shall have exclusive jurisdiction. This provision does not prejudice the consumer's right to assert their rights before the court of the place where they have their residence or domicile.