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Terms & Conditions
Updated as at September 2016


Dinez In Online Sdn Bhd (“Dinez-in”) welcomes you to our online meal-sharing platform that connects personal chefs/hosts with guests. Each of Dinez-in’s users, whether chefs, hosts or guests (“User”), may use the services of Dinez-in in accordance with the terms and conditions hereunder.

1. Acceptance of the Terms
  • By using Dinez-in, you represent and warrant that you are age 18 or above, and you acknowledge that you have read, understood and agree to the following terms and to comply with all applicable laws and regulations relating to your use of Dinez-in. If you do not agree to any of the terms, do not use Dinez-in in any manner. We reserve the right to modify, update or amend these terms from time to time. We will make reasonable efforts to notify you of any material amendments via announcements on our website or other appropriate means. Please check these terms from time to time to see if there are amendments to the terms. You may check the date that these terms were last updated which appears at the top of these terms.


2. What can Users do on Dinez-in?
  • As a User of Dinez-in, you may:
    • offer your cooking and hosting services using your home facilities (“ Hosts ”); or
    • dine in a Host’s home (“ Guests”).
  • While Dinez-in takes active measures to ensure a safe and enjoyable experience for both the Host and Guest, Dinez-in ultimately has no control over the acts or omissions of any Host, Guest or any other user and disclaims all liability towards the Users in this regard. Host and Guest are advised to carefully check with their respective Guest and Host all necessary details related to the Dining Event and Booking prior to making payment through Dinez-in’s.
  • Participating in dining events or such other activities that may become available using Dinez-in (“Dining Event”), is entirely at your own risk. Dinez-in merely facilities the introduction and connection of Host and Guest through our website and is not a party to any agreement entered into between Host and Guest in any circumstances. Certain Dining Events may also be subject to separate terms stated by the Host and we recommend that you review such terms and conditions prior to finalizing a booking.
  • As an online meal sharing platform connecting Host to Guest, Dinez-in does not supervise, instruct, prepare or assist in the preparation of the food served in the Dining Event and accordingly shall not be regarded as a partner, agent or distributor of the Host, nor as a food vendor or restaurant in any way.
  • The User, whether as Host or Guest, has the sole responsibility to determine and comply with all applicable laws, regulations, standards, religious duties or any other duty relating to the activities to be undertaken at the Dining Event.
  • In particular, Users who offer services as a Host shall be solely responsible for (i) procuring any applicable permits, licences or approvals in respect of the sale and serving of food and beverages, and (ii) maintaining high standards of health, safety and hygiene, at each Dining Event.
  • Dinez-in is not obliged to inform any User of any laws, regulations, permits or approvals applicable to or required by the Users as such requirements may vary from time to time and may vary from Dining Events or Users. However, you may refer to our FAQ which sets out various laws, regulations, permits or approvals that may be relevant and applicable to certain Users. The information contained in the FAQ does not amount to any advice or assumption of responsibility on Dinez-in’s part and Dinez-in does not accept any liability for any losses, damages, costs or expenses that you may suffer or incur as a result of any act or omission in connection with your use of Dinez-in and your participation in the Dining Event.


3. User Registration
  • To register as a Host or Guest on Dinez-in, you must sign-up for an account with Dinez-in and complete the relevant details and information requested, which may vary depending on whether you register as a Host or Guest. You will be asked to choose a password, which must be kept secure and confidential at all times. The personal data you voluntarily provide to us shall be processed according to our Privacy Notice as published on www.Dinez-in.com/privacy/. You represent and warrant that the information you provide to us is true, accurate and complete.
  • If you use your Facebook account to register with us, you hereby grant us permission to access and use your information through your Facebook account, as permitted by Facebook, and to store information to enable us to provide to you our services.
  • As a Host or Guest, you will have a personal profile which you may edit at any time. Information included in your profile which is marked as public shall be available for viewing to other Users and all internet users. Notwithstanding that, your home address and contact details as a Host shall not be made public and will not be disclosed except to Guest who have successfully made a booking.


4. Bookings and Fees (for Guest only)
  • To make a booking as a Guest, you must first register for an account with Dinez-in.
  • You may then make a booking for a Dining Event with the Host of your choice (“Booking”). As part of the Booking process, you will need to submit details relevant to your Booking (such as any food allergies, special dietary needs, if any), which shall accurate and truthful as it shall form the basis of your agreement and transaction with the Host. Your Booking will be sent to the Host who may either (i) request for further clarification, (ii) reject or (iii) confirm the Booking.
  • Upon confirmation of Booking by the Host, Dinez-in will notify you to make full payment in order to complete the Booking. The Guest must proceed to make full payment through our online payment system(s), which currently include ipay88, Paypal and online banking, failing which the Booking will not be completed. In the course of effecting payment for the Booking online, the various payment systems may separately impose additional transaction fees or bank charges, depending on the type of payment system/mode selected.
  • If and when required by law to do so, Dinez-in may impose any taxes, including goods and services tax (GST) on any applicable payments, and such taxes will as far as possible be displayed clearly on the payment processing page of the website, prior to the Guest making payment.
  • Subject to our “Cancellation” terms below, Dinez-in will retain a portion of the full payment made by the Guest in consideration for our services, and the remaining payment will be released to the Host after the Dining Event.


5. Posting Prices (for Host only)
  • To create an offer for a Dining Event on our website, Host will be required to submit to Dinez-in the gross amount that the Host will expect to receive for the Dining Event (“Host Fee”). The gross amount of the Host’s Fee shall include all applicable taxes (including GST) that the Host will need to determine and charge under existing laws.
  • Unless otherwise agreed in writing, Dinez-in will impose a mark-up being Dinez-in’s service fee of 15% on the Host Fee and any additional applicable taxes that needs to be imposed by Dinez-in (“Dinez-in Fee”), in addition to the Host Fee, before the price of the Dining Event is made available to the Guest on the website. The website will therefore display the total amount payable by the Guest for the Dining Event, which includes, the Host Fee and Dinez-in Fee and all applicable taxes.
  • Any adjustments to the price for the Dining Event made between the Host and Guest (which will be treated as the Host Fee) prior to the Guest making payment shall also be subject to a proportionate revision of the Dinez-in Fee where necessary before the Booking can completed.
  • Upon full payment by the Guest, the amount to be released by Dinez-in to the Host shall be calculated based on the Host Fee and deemed to be inclusive of any applicable taxes including GST chargeable by the Host. Neither the Guest nor Host shall have any additional claims against Dinez-in for any such taxes payable or which should have been collected or for any tax refunds.
  • The amount of the Host Fee earned on each Dining Event shall be displayed on the dashboard of the Host’s account and the Host shall notify Dinez-in of any discrepancies or errors on the same within 3 days of the Dining Event, failing which the Host Fee is deemed to be correct.
  • Dinez-in will effect payments of the Host Fee to the Host on the 1st and 15th days of each month, through 3rd party payment systems including ipay88, Paypal, and the Host agrees for all payments to be subject to foreign currency conversion (if any) and a deduction for transaction fees and/or bank charges, if and where imposed by such payment systems.


6. Cancellation
  • All Bookings are subject to the following cancellation terms:
    • Booking Cancelled by Guest
      • If a completed Booking is cancelled by the Guest at least 48 hours prior to the agreed time of the Dining Event, the Host shall not be paid any of the Host Fee and the Guest shall be reimbursed the full payment less any commissions and fees imposed by the payment systems to effect the refund;
      • If a completed Booking is cancelled by a Guest between 24 and 48 hours prior to the agreed time of the Dining Event, the Guest will be refunded the full payment less (a) 50% of the Host Fee (including taxes), (b) 15% of Dinez-in Fee (including taxes) and (c) any commissions and fees imposed by the payment systems to effect the refund;
      • If a completed Booking is cancelled by a Guest less than 24 hours prior to the agreed time of the Dining Event, the full payment made by the Guest shall be forfeited and the Guest shall not be entitled to any refund. Dinez-in will deem the Dining Event to have taken place and accordingly, the Host will be entitled to the Host Fee.
    • Booking Cancelled by Host
      • If a completed Booking is cancelled by the Host at any time prior to the Dining Event, Dinez-in will refund the full payment paid by the Guest within 7 days of the cancellation; and
      • Dinez-in reserves the right to charge the Host with the Dinez-in Fee, whether by way of deducting the Host’s deposit or by offsetting against any of the Host’s earned but unpaid credit or monies withheld by Dinez–In (whichever the case may be), as liquidated damages for administrative fees and payment processing charges incurred by Dinez-in and/or to blacklist, suspend or remove the Host from the Dinez-in platform.
  • Dinez-in shall not bear any liability for any costs, expenses, losses or damages that the User may suffer arising out of or in connection to the cancellation of the Booking by the Host or Guest.


7. Complaints from Guests
  • Dinez-in reserves the right to charge back, forfeit from the Host’s deposit or offset against any of the Host’s earned but unpaid credit or monies withheld by Dinez-in (whichever the case may be) up to 100% of the Host Fee if:
    • Dinez-in receives a complaint from a Guest in relation to the Host and/or the Dining Event; and
    • In Dinez-in’s sole and absolute discretion after due investigation, Dinez-in is of the opinion that the Host has committed:
      • a misconduct;
      • the Dining Event was inconsistent with what was represented by the Host of its services whether on its profile or otherwise; or
      • the service standards of Dinez-in was not met by the Host


8. Personal Data
  • To register as a User on Dinez-in and to place a booking with the Host, you will be asked to provide your personal data (including sensitive personal data such as your allergies and/or medical condition) which we will process in the manner as set out in our privacy notice available at www.Dinez-in.com/privacy/. By using the services of Dinez-in, you agree that you have read and understood the Privacy Notice and agree to the processing of your personal data in such manner as set out therein.


9. Restrictions of Use
  • In order to maintain the levels of service standards acceptable to Dinez-in, the Host is required to meet and maintain certain qualifying criteria communicated to the Host from time to time and participate truthfully in verification procedures implemented by Dinez-in, in order to host any Dining Event.
  • You may not, whether by yourself or anyone through your Dinez-in account:
    • Use Dinez-in if you are below 18 years old or for any illegal, unlawful or unauthorized purposes;
    • Provide any third party access to your account. You accept full responsibility for any unauthorized use of your account;
    • Use Dinez-in for commercial purposes other than as a Host without Dinez In’s express prior written consent;
    • Interfere with or disrupt the operation of Dinez-in or the servers or networks that host Dinez-in, or breach any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
    • Post, publish, or otherwise make available through Dinez-in any content, text or information that is abusive, harassing, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
    • Impersonate any person or entity or provide false information on Dinez-in, whether directly or indirectly;
    • Falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that a third party endorses you, your website, your business, or any statement you make, or present false or inaccurate information about Dinez-in;
    • As a Host, provide false or inaccurate information with respect to the service you offer through Dinez-in for Guest, including, but not limited to any representation you make with respect to your Dining Events, including the hosting place and the food you offer on Dinez-in.
    • Transmit, distribute, display or otherwise make available through or in connection with Dinez-in any content, including User Generated Content, which may infringe third party rights, including any intellectual property rights and privacy rights, or which may contain any unlawful content;
    • Copy, modify, alter, adapt, make available, reverse engineer, decompile, or disassemble any portion of Dinez-in in any way;
    • Bypass Dinez-in by forwarding your contact details to other Users of Dinez-in, whether you are a Guest or a Host, to avoid paying the booking fee to Dinez-in or for other purposes.


10. User Generated Content
  • Dinez-in allows you to upload, post and publish through Dinez-in, your own materials such as text, photos, images and any other proprietary materials ("User Generated Content").
  • As long as your User Generated Content is subject to the applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, your sole and exclusive property.
  • You agree that you are solely responsible for your own User Generated Content and shall fully indemnify Dinez-in against any claims including but not limited to defamatory statements, infringement or breach of intellectual property, and Dinez-in shall not be liable for any materials that you publish on Dinez-in in any way.
  • You represent and warrant that you are the rightful owner of the User Generated Content and that you have all the necessary licenses, rights and consents to publish such User Generated Content and that such User Generated Content does not infringe any third party's copyright or other rights.
  • You shall not post or upload any User Generated Content which is unlawful for you to possess, post or upload.
  • Dinez-in reserves the right to remove the User Generated Content without giving any prior notice, at its absolute and sole discretion.
  • When you upload, post or publish any User Generated Content on Dinez-in, you grant Dinez-in an irrevocable, perpetual, non-exclusive, royalty-free license to use, reproduce, distribute, transmit, make derivative works of, display, copy, make available to the public the User Generated Content
  • You agree that Dinez-in may remove at any time any User Generated Content you have uploaded to Dinez-in in its sole discretion with or without any reason.


11. User Representations and Warranties
  • By using the services of Dinez-in, you hereby represent and warrant that:
    • You will not infringe or violate any of these terms;
    • You have the legal authority to enter into these terms and to form a binding agreement under any applicable law, to use Dinez-in in accordance with these terms, and to fully perform your obligations hereunder;
    • The execution of these terms do not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject;
    • The Host hereby appoints Dinez-in as the Host's agent solely for the purpose of collecting payment made by Guest.
    • It is the responsibility of the Host to ensure that a Dining Event is conducted in compliance with all applicable laws, rules and regulations, including with respect to any tax obligations relating to the Dining Events. Dinez-in, its officers, directors, employees, agents and independent contractors make no representation, warranty or assurance to you with respect to the existence, scope and/or compliance as required or ordered by any applicable laws, rules and regulations with respect to such Dining Events and Dinez-in expressly disclaims any such representations and warranties, express or implied in this regard.


12. Disclaimer
  • No action or omission of Dinez-in may be construed as accepting any liability other than as mentioned herein.
  • The services and online meal sharing platform of Dinez-in, including without limitation any content, data and any information related thereto, is provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied, including but not limited to warranties of title or non-infringement or implied warranties of use, merchantability or fitness for a particular purpose or use.
  • Dinez-in does not warrant that the website will be uninterrupted or error-free. Dinez-in may correct, modify, amend, enhance, improve and make any other changes to the website at any time or to discontinue displaying or providing any content or features without a notice to you.
  • Dinez-in hereby disclaims all liability and warranties with regard to the use of Dinez-in, including but not limited to the availability, reliability, or quality of the services of Dinez-in and/or the dining events made available through Dinez-in, including the nature and quality of the food served in such events, and is not and shall not be responsible for any error, fault or mistake of any and all content and information received through Dinez-in, including by Host or Guest. Dinez-in does not endorse any entity, product or service mentioned in any user generated content available on Dinez-in.


13. Limitation of Liability
  • The use of Dinez-in and participation in any Dining Event is solely at your own risk. Except as provided herein, in no event shall Dinez-in be liable for any damages whatsoever including, but not limited to, indirect, special, incidental or consequential damages of any kind, whether in an action of contract, negligence or other tortious actions resulting from or arising out of Dinez-in or any dining event, or the use or inability to use Dinez-in, regardless of whether Dinez-in or an authorized representative of Dinez-in has been advised of the possibility of such damages. Except where liability is mandatory, in which event liability for damages shall be limited to the full payment for the Dining Event.


14. Indemnity
  • You agree to defend, indemnify and hold harmless Dinez-in, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts and expenses arising from:
    • your use of Dinez-in;
    • your violation of any term of these terms;
    • your violation of any third party rights, including without limitation any intellectual property rights of the third party; and
    • any damage or losses of any sort, whether to tangible or intangible property, whether direct, indirect, special or consequential, you may cause to any third party with relation to Dinez-in.


15. Account and Service Termination
  • At any time, Dinez-in may block your access to Dinez-in and/or temporarily or permanently limit, suspend or terminate your personal profile, for any reason, at its sole discretion, in addition to any other remedies that may be available to Dinez-in under any applicable law. Such actions by Dinez-in may be taken if Dinez-in deems that you have breached any of these terms in any manner.
  • Dinez-in may at any time, at its sole discretion, cease the operation of Dinez-in or any of its services or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Dinez-in does not assume any responsibility with respect to, or in connection with the termination of Dinez-in's operation and loss of any data, including User Generated Content.


16. General
  • These terms shall be governed in accordance with Malaysian law and the parties submit to the exclusive jurisdiction of the courts in Malaysia.
  • If any provision or part of a provision of this Agreement shall be, or be found by any authority or court of competent jurisdiction to be, invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions or parts of such provisions of this Agreement, all of which shall remain in full force and effect.


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