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Business Accounts Terms of Use

Last Update: August 5, 2025

These Business Accounts Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Bambulabs, Inc. ("Company", “FineDine”, “we”, “us”, or “our”), concerning your access to and use of our web application named FineDine (as well as any other media form connected thereto) including the services offered on such platform (hereinafter collectively the “Platform”). You agree that by accessing the Platform, you have read, understood, and agree to be bound by all of these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. The materials contained in the Platform are protected by applicable copyright and trademark law.

Accepting these Terms creates an important legal agreement between you and Bambulabs, Inc. with legal consequences. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING OR ACCESSING THE PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY.

1. PLATFORM OWNER

  • The Platform is owned by Bambulabs, Inc. a company established and registered at 2035 Sunset Lake RoadSuite B-2 Newark 19702 Delaware, USA.

Company contact data is as follows;

E-mail: info@finedinemenu.com

  • As owner of the Platform, we reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice and otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform. However, we have no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of the Platform without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform.
  • The Platform enables its Business Members, such as restaurants, to digitally showcase their menus to customers through a customizable, user-friendly interface, facilitates real-time menu updates, collect orders, feedback and reservations, and integrates with payment systems to collect payments, do marketing and retargeting activities to their customers as well as other services that may be added to the Platform from time to time by FineDine. Any such service or services offered by FineDine are referred to in this Business Accounts Terms of Use as the “Service(s)”

2. PLATFORM REGISTRATION

2.1. To access and use the Services explained herein, you must register for a business account (“Account”). To complete your Account registration, you must provide us with your name, e-mail address, and any other information indicated as required for registration and/or validation purposes. You may also register on the Platform using third-party registration options such as Google, Facebook or Apple account however FineDine may still ask you to provide other information about your entity for validation purposes. FineDine may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.

2.2. Due to the Account being a business account of a restaurant or other kind of related business, FineDine may ask you to prove your identity and ownership of the company with the validation methods FineDine may decide at its own discretion.

2.3. You may not use the Platform and may not accept the Terms if (a) you are not of legal age or otherwise not legally competent to form a binding contract with FineDine, or (b) if you are below the age of 18 or the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account, or (c) you are a person barred from using the Platform under the applicable laws of the United States of America or other countries including the country in which you are resident or from which you use the Platform.

2.4. If you are using the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to "you" in the Terms refer to that entity). You confirm that you are receiving any Services provided by FineDine for the purposes of carrying on a business activity and not for any personal, household, or family purpose.

2.5. You acknowledge that we will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”). You must monitor the Primary Email Address you provide to FineDine and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with FineDine can only be authenticated if they come from your Primary Email Address.

2.6. You are responsible for keeping your password secure. FineDine cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. We may request additional security measures at any time and reserve the right to adjust these requirements at our discretion.

2.7. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

2.8. As a result of your Platform registration, we may send you certain notifications or communications in connection with your use of the Platform (e.g., in order to verify user identity). These notifications and/or communications may be sent to the email or phone number registered to the Platform.

2.9. The Platform gives you the option to delete your account. Deleting your account will stop all services you receive on the Platform, and permanently delete all the data you have uploaded to the Platform. However, please be aware that due to your interactions with other Members on the Platform, some information, like comments you have added to a restaurant’s page and menu, may still be visible after you delete your account. In addition, due to the restaurant pages being created by FineDine containing the public information about the business this information on the restaurant page still remains visible to the Members but without your private data. Once you delete your account, there is no going back. Please be certain. We will be sorry to lose you.

2.10. In case someone else claims that the relevant restaurant belongs to them, FineDine has the right and authority to suspend the account until the dispute is resolved, to request additional information and documents from the parties to prove that the business belongs to them and to decide, at its sole discretion, that it does not belong to one or the other party or to anyone at all. FineDine reserves the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful owner without prejudice to our other rights and remedies, FineDine reserves the right to temporarily suspend or disable an Account until a resolution has been determined between the disputing parties.

3. FINEDINE’S RIGHTS AND OBLIGATIONS

3.1. The Services have a range of features and functionalities. Not all Services or features will be available to all Business Members at all times and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Business Account Terms of Use or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any.

3.2. We reserve the right to provide our Services to your competitors and make no promise of exclusivity. You further acknowledge and agree that FineDine employees and contractors may also be individual or business FineDine Members and that they may compete with you, although they may not use your Confidential Information in doing so.

3.3. FineDine does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from any part of the Services, including if we determine in our sole discretion that the goods or services that you offer through the Services, or the Materials uploaded or posted to the Services, violate this Business Account Terms of Use and any other relevant FineDine policy.

3.4. From time to time, FineDine may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services are not part of the Services, and Beta Services may be subject to additional terms and conditions, which FineDine will provide to you. Such Beta Services and all associated conversations and materials relating thereto will be considered FineDine’s Confidential Information and subject to the confidentiality provisions in this Business Account Terms of Use. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without FineDine’s prior written consent. FineDine makes no representations or warranties that the Beta Services will function. FineDine may discontinue the Beta Services at any time in its sole discretion. FineDine will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as the final version. FineDine may change or not release a final or commercial version of a Beta Service in our sole discretion.

4. BUSINESS MEMBERS RIGTHS AND RESPONSIBILITIES

4.1. You may not use the FineDine Services for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of USA and the State of Delaware. You will comply with all applicable laws, rules, and regulations (including but not limited to obtaining and complying with the requirements of any license or permit that may be necessary to operate your business or that may be held by you) in your use of the Service and your performance of obligations under the Business Accounts Terms of Use.

4.2. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission of FineDine.

4.3. You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services or decompile, disassemble, or otherwise reverse engineer the Services.

4.4. You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.

4.5. FineDine offers special services to its Business Members, including but not limited to showcasing their menu digitally to their customers, including the individual Members of the Platform, through a customizable, user-friendly interface, real-time menu updates, receiving orders, payment or reservations, etc. You as a Business Member of the Platform agree and declare;

  • you are solely responsible for the accuracy, consistency, and timeliness of the menus you have published or updated, including but not limited to the food content and prices, and FineDine cannot be held responsible for these contents in any way;
  • you will not use any of the performance data for purposes contrary to the way applicable law, regulations and/or this Business Accounts Terms of Use,
  • you will not violate the Acceptable Use rules of this Business Accounts Terms of Use stated in Article 6, in any way in your messages, posts, and all your communications with other Members of the Platform, whether individual or business member.

4.6. Members may use the platform to collect certain information related to their customers. FineDine acts solely as a data processor in relation to such information and does not assume any responsibility for the collection, accuracy, legality, or use of the data gathered by the Business Member. The Member is solely responsible for ensuring that all data collection activities comply with applicable data protection laws and regulations, including but not limited to obtaining any necessary consents from their customers.

4.7. FineDine shall process such data only in accordance with the Member’s instructions and solely for the purpose of providing the services under the Subscription. The Member acknowledges and agrees that they are the data controller for any customer data collected and must take all necessary measures to inform their customers about the data collection practices and their rights under applicable privacy laws. FineDine shall not be liable for any misuse, unauthorized disclosure, or legal consequences arising from the Member’s handling of customer data.

5. SUBSCRIPTION AND BILLING

5.1. Some services offered by FineDine are available via a subscription model (“Subscription”). Subscription fees will be billed in advance on a recurring basis (“Billing Cycle”), which may be monthly or annually, depending on the subscription plan chosen by the Member at the time of purchase.

5.2. Automatic Renewal and Cancellation: Unless canceled by either the Member or FineDine, the Subscription shall automatically renew at the end of each Billing Cycle under the same terms and conditions. Members may cancel their Subscription renewal at any time via their online account management portal or by contacting FineDine’s customer support. Cancellation requests must be made before the renewal date to avoid incurring charges for the subsequent Billing Cycle.

5.3. Payment and Billing Information: To process Subscription payments, the Member must provide a valid payment method, such as a credit card. The Member is responsible for ensuring that accurate and up-to-date billing details, including full name, billing address, state, postal code, telephone number, and payment information, are provided to Fine Dine. By submitting payment information, the Member expressly authorizes Fine Dine to charge all applicable Subscription fees to the designated payment method.

5.4. Failure of Automatic Billing: In the event of an unsuccessful automatic billing attempt, FineDine will issue an electronic invoice specifying the amount due and the payment deadline. The Member is required to manually complete the payment within the specified timeframe to prevent service disruption.

5.5. Free Trial: FineDine may, at its sole discretion, offer a Subscription with a limited-period free trial (“Free Trial”). To access the Free Trial, the Member may be required to provide valid billing information. No charges shall be incurred during the Free Trial period. However, unless the Subscription is canceled before the expiration of the Free Trial, the Member will be automatically charged the applicable Subscription fee on the final day of the Free Trial period. FineDine reserves the right to modify or terminate any Free Trial offer at any time and without prior notice.

5.6. Fee Adjustments: FineDine retains the right to modify Subscription fees at its sole discretion. Any such modifications shall take effect at the conclusion of the then-current Billing Cycle. Members shall receive prior notice of any fee adjustments, affording them the opportunity to terminate their Subscription before the changes take effect. Continued use of the Service after a fee modification shall constitute acceptance of the revised fee structure.

5.7. Chargeback and Refund Policy: Except where required by applicable law, FineDine does not issue refunds for early Subscription cancellations. In the event of any billing disputes, the Member must contact FineDine directly. If a billing error is confirmed, an appropriate adjustment will be made either as an account credit or a refund to the original payment method. Members who initiate an unjustified chargeback for a valid transaction may be permanently restricted from accessing FineDine’s services. Any outstanding fees and associated costs will be pursued through collections, and unpaid debts may be reported to relevant credit reporting agencies.

6. BUSINESS MEMBER MATERIALS

6.1. The Platform may invite you to upload your restaurant’s menu, receive feedback, comments and respond to them and other functionalities, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Platform or on third party social media platforms, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, reviews or personal information or other material (collectively, "Business Member Materials") through various channels. Business Member Materials may be viewable by other users of the Platform and your customers. As such, any Business Member Materials you transmit may be treated as non-confidential and non-proprietary unless you mark them as private and send them specifically and only to us using the contact information provided above.

6.2. If you provide feedback or suggestions about our Platform or any services, then we (and those we allow) may use such information without any obligation to you.

6.3. When you create or make available any Materials, you thereby represent and warrant that:

  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Platform, and other Users of the Platform to use your Materials in any manner contemplated by the Platform and these Terms of Use.
  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Materials do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Materials to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Materials in any manner contemplated by the Platform and these Terms of Use.
  • Your Materials do not violate the privacy or publicity rights of any third party.
  • Your Materials do not violate any applicable law, regulation, or rule.
  • Your Materials are not false, inaccurate, or misleading.

7. ACCEPTABLE USE AND CONDUCT POLICY

7.1. As a Business Member, you hereby expressly agree and warrant that any Business Member Material shall not violate the rights of any third-party individuals and, in particular, shall not violate the following terms and principles (“Prohibitions”).

7.2. With regard to Business Member Materials, and your use of the Platform you hereby warrant that you shall comply with the following Prohibitions;

  • Your Materials are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, junk mail, mass mailings, contests, sweepstakes, or any other forms of solicitation.
  • Your Business Member Materials are not obscene, lewd, lascivious, pornographic, filthy, violent, harassing, tortious, bullying, libelous, slanderous, defamatory, or otherwise objectionable (as determined by us).
  • Your Materials do not ridicule, mock, disparage, intimidate, bully or abuse anyone.
  • Your Business Member Materials are not used to harass or threaten (in the legal sense of those terms) any other person to promote violence against a specific person or class of people and pose or create no privacy or security risk to any person;
  • Your Business Member Materials do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  • Your Business Member Materials do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
  • Your Business Member Materials do not include any offensive, hateful or discriminatory comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • You will not access the Platform through automated or non-human means or use machine-generated user identities, whether through a bot, script or otherwise.
  • You will not use the Platform for any illegal or unauthorized purpose; and
  • Your Business Member Materials do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
  • You will not decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
  • Except as may be the result of standard search engine or Internet browser usage; use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
  • You will not interfere with or disrupt the Platform or servers or networks connected to the Platform or disobey any requirements, procedures, policies, or regulations of networks connected to the Platform.
  • You will not disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
  • You will not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
  • You will not use any Individual and/or Business Members’ personal data shared with you by such members in any manner inconsistent with the consent of the sharing Member and in any way that may be deemed illegal under any applicable law.
  • You will not use the Materials made by other Members of the Platform in any obscene, lewd, lascivious, pornographic, filthy, violent, harassing, tortious, bullying, libelous, slanderous, defamatory, or otherwise objectionable (as determined by us) manner and you shall not use such Materials made available by other Members of the Platform to ridicule, mock, disparage, intimidate, bully or abuse them or other Members.
  • For the avoidance of doubt, you may not use any personal information provided by another Member and accessible by you for any purpose without the express consent of the relevant Member.

7.3. You hereby also agree as part of the Prohibitions, to not use the Platform to create or upload and/or transmit (or attempt to upload or to transmit) any content that;

  • you do not have a right to upload under any law or under contractual or fiduciary relationships;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
  • in the sole judgment of FineDine is objectionable or which restricts or inhibits any other person from using or enjoying the Platform, or which may expose FineDine or its Members to any harm or liability of any type; or
  • harvest or collect email addresses; physical addresses, or other contact information of other Members from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; or
  • advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; or
  • further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
  • obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Platform.
  • attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
  • viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
  • any material that acts as a passive or active information collection or transmission mechanism.

7.4. Any use of the Platform in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your right to use the Platform.

7.5. FineDine reserves the right to investigate and take appropriate legal action against anyone who, at FineDine’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account and application(s) of such violators and reporting you to the law enforcement authorities.

7.6. Notwithstanding the foregoing, FineDine has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, or other information, of anyone posting or distributing any Material on or through the Platform. We also reserve the right to access, review, monitor, display, read, preserve, store, and disclose any information and any Material as we reasonably believe is necessary. Please note that we may, upon request by another Member or customer, or at our discretion, report Material as well as any information we have on such Member to law enforcement officials in any relevant jurisdiction for criminal prosecution if we believe that Materials are in violation of applicable laws, these Terms or the best interest of any other Member.

8. BUSINESS MEMBER MATERIALS LICENSE ISSUED TO FINEDINE BY MEMBER

8.1. We do not claim ownership of the Business Member Materials you provide to FineDine; however, we do require a license for those Business Member Materials. By posting your Business Member Materials to any part of the Platform or making Business Member Materials accessible to the Platform or FineDine through various channels including but not limited to email, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Business Member Materials for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Business Member Materials, and grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media format and through any media channels including social media platforms such as (including but not limited to) Youtube, Instagram, X, Linkedin, Tiktok etc. and advertisement platforms such as (including but not limited to) Google Ads, Meta Ads, YouTube Ads, TikTok Spark Ads, Twitter Ads. For the avoidance of doubt, FineDine hereby declares that this license is intended for Business Member Materials provided by Business Member for the purpose of promoting the Platform and that it shall not use or otherwise share or distribute the FineDine Business Member Materials stored by Business Member Members in their account or various parts of the functionality of the Platform outside this context.

8.2. You irrevocably waive any and all moral rights you may have in the Business Member Materials in favor of FineDine and agree that this waiver may be invoked by anyone who obtains rights in the materials through FineDine, including anyone to whom FineDine may transfer or grant (including by way of license or sublicense) any rights in the Materials.

8.3. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

8.4. We are not liable for any statements or representations in your Business Member Materials provided by you in any area on the Platform. You are solely responsible for your Business Member Materials to the Platform and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Business Member Materials.

8.5. We have the right, in our sole and absolute discretion;

  • to edit, redact, or otherwise change any Business Member Materials;
  • to re-categorize any Business Member Materials to place them in more appropriate locations on the Platform; and
  • to pre-screen or delete any Business Member Materials at any time and for any reason, without notice.

8.6. We have no obligation to monitor your Business Member Materials.

9. INTELLECTUAL PROPERTY RIGHTS

9.1. Unless otherwise indicated, the Platform is our proprietary property and all source code, databases, functionality, software, Platform designs, audio, video, text, photographs, and graphics on the Platform (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

9.2. You agree that any variations or misspellings of the FineDine Marks would be considered confusing with the FineDine Marks.

9.3. You agree not to purchase, register, or use search engine or other pay-per-click keywords (such as Google Ads), trademarks, email addresses, social media names, or domain names (including without limitation top-level domains, sub-domains, and page URLs) that use or include FineDine, Bambulabs, or FineDine Marks or that use or include any terms that may be confusing with the FineDine Marks.

9.4. The Content and the Marks are provided on the Platform “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

10. CONFIDENTIALITY

10.1. Our communications to you and our Platform may contain FineDine’s confidential information. FineDine’s confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without FineDine’s prior written consent.

10.2. FineDine’s confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose FineDine’s confidential information only when compelled to do so by law if you provide us reasonable prior notice unless a court of applicable jurisdiction orders that we not receive notice.

11. PLATFORM PRIVACY AND TRACKING, INTERNET COOKIES POLICY

11.1. We care about data privacy and security. The use of this Platform and any of its forms, and registered services requires the acceptance of the processing of individual Member and/or Business Member data, with FineDine being the data controller, for purposes that include: the provision of the Platform and the service to all Members, the collection of access data of Members, and the delivery of commercial communications by electronic means in certain cases to Members. For more information and data protection rights of Members, please review our Platform privacy policy at https://www.finedinemenu.com/en/privacy-and-terms/.

11.2. Our website uses first and third-party cookies for several purposes including user analytics. Please read our website cookies policy carefully to find out how cookies are used, configured, and rejected. Our cookies policy is available at https://www.finedinemenu.com/en/privacy-and-terms/.

11.3. By using the Platform, you agree to be bound by our Privacy Policy, which is incorporated into these Business Account Terms of Use. Please be advised that unless otherwise stated, the Platform and all its contents are hosted in servers located primarily in the USA region. If you access the Platform from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States of America, then through your continued use of the Platform, you are transferring your data to the United States of America, and you agree to have your data transferred to and processed in the United States of America.

11.4. We also provide you with access to, or transfer your personal data at your written request, provided that we aren’t legally restricted from doing so or otherwise prevented from doing it due to circumstances beyond our reasonable control. Please relate your request for access to or transfer of personal data to info@finedinemenu.com.

12. SPECIAL NOTICE FOR INTERNATIONAL USE AND EXPORT CONTROLS

  • As stated above, FineDine is founded in and performs its business in and according to the laws of the State of Delaware, USA. Accordingly, recognizing the global nature of the Internet, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable to their use of the Platform and FineDine Services, including as it concerns online conduct and acceptable content.
  • Any software made available in connection with the products and services provided by FineDine to members and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Platform or otherwise exported or re-exported in violation of U.S. export laws.

13. DISCLAIMER

13.1. FineDine does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Platform or otherwise relating to such materials or on any Platforms linked to this Platform.

13.2. Although we perform regular routine backups of data, you as Business Member are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

13.3. The materials appearing on the Platform could include technical, typographical, or photographic errors, including descriptions, availability, and various other information. FineDine does not warrant that any of the materials on its Platform are accurate, complete or current. Although FineDine may make changes to the materials contained on its Platform at any time without notice, FineDine does not make any commitment to update said materials; however, we reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.

13.4. We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.

13.5. TO SUMMARIZE, FINEDINE PLATFORM IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES. USE OF SERVICES IS AT YOUR OWN RISK. FINEDINE MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FINEDINE AND ITS SUPPLIERS AND RESELLERS HEREBY DISCLAIMS AND NEGATE ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS, WITH REGARD TO THE FINEDINE PLATFORM, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES MEMBERS SPECIFIC LEGAL RIGHTS. MEMBERS MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

13.6. FINEDINE (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE FINEDINE PLATFORM IS ACCURATE, RELIABLE, OR CORRECT; THAT THE PLATFORM WILL MEET ALL MEMBER'S REQUIREMENTS; THAT THE PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

13.7. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

14. LIMITATION OF LIABILITY AND INDEMNIFICATION

14.1. TO THE EXTENT PERMITTED BY LAW, WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

14.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. 

14.3. IN ALL CASES, FINEDINE AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

15. MODIFICATIONS TO TERMS AND CONDITIONS

15.1. FineDine may revise these Business Account Terms of Use for its Platform at any time without notice. By using this Platform, you are agreeing to be bound by the then-current version of these terms and conditions.

15.2. Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.

15.3. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Business Accounts Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Business Accounts Terms of Use by your continued use of the Platform after the date such revised Business Accounts Terms of Use are posted.  

16. GOVERNING LAW AND SETTLEMENT OF DISPUTES

16.1. THESE TERMS AND CONDITIONS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LOCAL, STATE, AND FEDERAL LAWS OF DELAWARE, USA, AND YOU IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS IN THAT STATE OR LOCATION WITHOUT PREJUDICE TO THE RIGHT OF CONSUMERS TO SUBMIT TO THE COURT OF THEIR DOMICILE (IF APPLICABLE).

17. TERMINATION

17.1. These Terms of Use shall remain in full force and effect while you use the Platform. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE PLATFORM OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

17.2. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, FineDine has adopted a policy of terminating, in appropriate circumstances and at FineDine’s sole discretion, the access to the Platform of Members who are deemed to be repeat infringers of copyright. FineDine may also at its sole discretion limit access to the Platform and/or terminate the memberships of any Members who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

18. GENERAL PROVISIONS

18.1. This Business Accounts Terms of Use were contracted in the English language. If FineDine provides a translation of the Business Accounts Terms of Use, it does so for your convenience only and the English Business Accounts Terms of Use shall solely govern the relationship between FineDine and all Members. Accordingly, if there is a discrepancy between the English language version and other translations of these Business Accounts Terms of Use, the English version shall prevail.

18.2. The Business Accounts Terms of Use do not create any third-party beneficiary rights or any agency, partnership, or joint venture between FineDine and its business Members.

18.3. Nothing in the Business Accounts Terms of Use will limit either party's ability to seek injunctive relief.

18.4. If you do not comply with the Business Accounts Terms of Use and FineDine does not take action right away, this does not mean that FineDine is giving up any rights that it may have (such as taking action in the future).

18.5. If it turns out that a particular provision contained in this Business Accounts Terms of Use or any annexes thereof is determined to be unlawful, void, or otherwise unenforceable, such provision or part of the provision is deemed severable from these Business Accounts Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

18.6. These Business Accounts Terms of Use operate to the fullest extent permissible by law and represent the entire agreement between you and FineDine relating to its subject and supersede any prior or contemporaneous agreements on the subject matter.

18.7. Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and/or through notification on the Platform, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. You hereby waive any and all defenses you may have based on the electronic form of these Business Accounts Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

18.8. We, as FineDine may assign any or all of our rights and obligations to others at any time.

18.9. You agree that these Business Accounts Terms of Use will not be construed against us by virtue of having drafted them.

18.10. The Platform was developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements thereto.