The following Terms of Service (“Terms” or “Terms of Service”) are a legal agreement between you (“you” or “your”) and How2dine, Inc. ("How2dine," "we," “us” or “our”) and govern your access to and use of our services, which include any websites, applications, digital ordering features, or any other ways How2dine allows you to engage with us directly or through a Merchant that uses How2dine (collectively, part of the “Services”). Our Services include, but are not limited to, our websites, including https://how2dine.com/public/index.php (our “Websites”); the How2dine TakeOut mobile application and related websites and services (“TakeOut App” or “App”); any digital ordering feature that How2dine offers to Merchants, including a Merchant’s Online Ordering page and Order & Pay at the Table features (collectively “Digital Ordering”); and Payment Transactions facilitated on the How2dine point of sale or via How2dine’s scan to pay feature (“Point of Sale”). Capitalized terms used but not defined herein shall be as defined in the Merchant Agreement.
By accessing and/or using any of the Services, you agree to these Terms and any other policies or terms referenced within or posted throughout the Services, including but not limited to promotion terms, guidelines, as well as any rules or terms applicable to particular features or promotions, which are hereby expressly incorporated into these Terms by reference. You also acknowledge that you have read and understand our privacy statement (the “Privacy Statement”).
These Terms include an agreement to resolve disputes by arbitration, which means that you and How2dine waive the right to a trial by jury and agree to resolve any and all disputes through binding arbitration on an individual basis.
How2dine provides technology services to Merchants to enable dining customers (“Guests”) to place orders for food, beverages, and related products and services provided by the Merchants (“Purchases”) and facilitates payment to the Merchants by the Guests for those purchases with an eligible Payment Method (“Payment Transactions”). How2dine facilitates Purchases with Merchants and processes Guests’ payments to Merchants, on behalf of each Merchant.
The privacy and security of your personal information is important to us. How2dine’s Privacy Statement describes what information we collect about you, how we may use personal information and the security measures we have taken to protect your personal information. We encourage you to read the Privacy Statement carefully, as it forms a binding part of these Terms of Service and contains important information about your rights.
This Privacy Policy shall apply to the use of the Website by all Users. Accordingly, a condition of each User's use of and access to the Website and to the other services provided by the Company to Users is their acceptance of this Privacy policy. Any User is required to read and understand the provisions set out herein prior to submitting any Sensitive Personal Data or Information to the Company, failing which they are required to leave the Website immediately.
This Privacy Policy is published in compliance of the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
How2dine may charge you a fee to make Purchases from Merchants using How2dine Services. Such a fee may be referred to as an “Order Processing Fee”, “Service Fee”, “Convenience Fee” or other terminology. Such fee is charged by and paid to How2dine. We reserve the right to charge additional fees in the future. Any fees applicable to a Purchase or Payment Transaction you make will be clearly disclosed to you prior to the completion of your Purchase.
Merchants may charge you fees as well as taxes in addition to the price of the products or services you purchase. You may also be permitted to provide a gratuity. By making a Purchase through the Services, you agree to pay all such charges, including gratuities, fees and taxes. All amounts to be charged to your Payment Method associated with your Purchase will be displayed to you before you complete your Purchase.
