User Terms of Service
Revision 2, effective from 01 January 2019
1. Accepting our Terms of Service
2. General Definitions
The term ‘Merrydine’ or ‘Merrydine.com' or ’Merrydine Ltd.’ or ‘us’ or ‘we’ refers to this website ‘www.merrydine.com’ or the owner and operator of this website as defined in this Terms of Service. The term "you" or "the customer" or "our customers" or "our users" refers to the user or the visitor of Merrydine website. The term “business” or “restaurant” or “Merchant” refers to our participating businesses or restaurants who have registered with us to use this service by publishing promotional campaigns for display in Merrydine website.
3. Company and website information
Our company name is Merrydine Ltd. whose trading office is Suite 8, 41 Thames Street, Windsor, Berkshire SL4 1PR. Our company registration number is 9426611, registered in England & Wales, and our main contact telephone number: 01753 463044. Our website address is: www.merrydine.com, the website is owned and operated by Merrydine Ltd.
4. Site usage and availability
You agree to use the site and comply with these terms of service, if you have any question about our procedure you may contact us and will try and provide you with the appropriate answer. We do our best to keep the site available to our users at all times, we shall bear no liability what so ever if the site is unavailable for any reason at any period of time. We may restrict access to all or part of the site as necessary without prior notice and we may apply certain restrictions to all or certain individual users at any time without prior notice. Your permission to use the sites and/or services is conditioned upon your agreement that you are:
- 16 years of age or older.
- Not impersonating another user to use our services.
- Not acting on behalf of a person whose access to our sites and/or services has been previously terminated or otherwise denied by us.
- Abel and willing to comply with these Terms.
5. Communication with you
The communications between you and Merrydine are electronic. You consent to receive communications from us in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
6. Privacy & Security
We take privacy and security matters very seriously, protecting your personal information is important to us. Merrydine website uses encrypted SLL protection for data handling. You can identify this security layer by the padlock symbol displayed at the start of the browser’s address bar and the http address is replaced with https indicating that http over Secure Socket Layer (SLL). HTTPS encrypts the user page requests as well as the pages returned by the web server.
7. Data protection
Merrydine server settings provides appropriate security measures to protect against the loss, misuse and alteration of data used by our system. Merrydine is committed to prevent unauthorised access and ensure the correct use of information. We have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information used within the system.
7.1 General Data Protection Regulations (GDPR)
The General Data Protection Regulations went into effect on May 25, 2018. We have revised our Privacy and Cookie Policies as a result. The changes include:
- Changed the way we use your data.
- Changed the way cookies are used on our site.
- Providing additional information about the data we collect and how we use it.
- Giving you information about how you can manage the data you provide us and how we use it.
- Adding details about your rights under GDPR, how these apply to you when using Merrydine website, and how you can exercise them.
- Continually revising our Terms of service to make them more clear and user friendly.
8. Collection & Usage of personal information
10. Table Booking Definition
We refer to table booking through Merrydine website when you submit the booking form for the desired promotion. It is entirely your responsibility to ensure that the booking details are accurate and checked before final submission.
11. Table Bookings Specific Conditions
Merrydine offer a set of promotional bookings available only on our website and cannot be obtained from any third party or sold at any other platform other than merrydine.com. Participating registered businesses may also display a reference to their campaign or the promotion on their own website. In this Terms of service you must agree that you will not resell, or re-generate our table booking facility in any way, or transfer your booking to any other person, or pass your users account to a third person to operate on your behalf. It is your responsibility to keep your user account safe and in the manner described in our terms of service. Unless otherwise stated on the promotional conditions or required by law, the following additional terms apply to all bookings made on Merrydine website:
- 11.1. The booking must be made in the entirety of one visit.
- 11.2. You agree that you will not make your visit to the restaurant prior to receiving the Booking Confirmation from the restaurant.
- 11.3. The booking details you submit to the restaurant through Merrydine booking form must be checked for accuracy before final submission. Nor Merrydine or the Restaurant is responsible if you provide incorrect date, time or number of guests which may result in a dispute with the restaurant at the time of your visit.
- 11.4. You are not entitled to any refunds from Merrydine or our participating restaurants, final bill payments are made at the time of your visit and the balance of your bill must be settled with the restaurant at the time of your visit.
- 11.5. It is your responsibility to check all conditions printed on the promotion page or on the Merrydine website pages before making the booking to ensure that these conditions meet your requirements.
- 11.6. The use of our promotional booking for alcoholic beverages is at the sole discretion of the restaurant in accordance with applicable law.
- 11.7. The booking cannot be combined with any other offers or promotions, when you make a booking for a specific product or discount or deal or offer, you are using this one time only promotion for the purpose described for that product.
- 11.8. Neither Merrydine nor the Restaurant is responsible if you miss your booking date or time, attendance to your table is entirely your responsibility.
12. Promotional Content
All promotional campaigns displayed on our website are offered and approved by participating restaurants. Merrydine website provides the platform to those restaurants to make these promotions available to the public. The contents for the displayed promotions are revised by Merrydine staff prior to online publishing to ensure error-free presentation and reliable display. We take every measure to ensure the information displayed for each campaign are accurate to the best of our knowledge before passing them on to our users. However, the content of the promotion details itself including description, pictures, validity, location, price and all information related to the campaign is provided by the restaurant during campaign launch. Merrydine will take no responsibility whatsoever for the accuracy of the contents being offered by the restaurant, and/or if the business did not satisfy the full or part description of the promotion.
13. Booking Form Submission and Confirmation
When you submit your booking for a particular promotion, the booking details are sent via email notification to the restaurant. A copy of the details is also sent to you using the email address you provided during registration. The booking details are also stored in your user’s account for your reference. In the event that your booking is not received by the restaurant for any reason beyond our control due to system failure, internet connection failure or human error, the placed booking is considered none deliverable and no action is taken by the restaurant to confirm your booking. It is the customer’s responsibility to inform the restaurant that you did not receive any confirmation for the required booking date and a corrective action may take place to correct the issue.
14. Booking Email & Notification Delivery
We use third party email delivery systems to ensure accurate and safe delivery of submitted bookings and to minimise spam and junk email risks. We have put in place best available technological methods to ensure our customers' bookings are delivered promptly and within a reasonable timeframe. However, Merrydine cannot guarantee email delivery outside our control including specific user’s settings of the email boxes that may accept or reject emails or redirect emails to specific folders inside the user inbox, and any other settings that depends entirely on local settings assigned by the email receiver. Therefore we will not be liable for delayed or unreceived notifications to the user’s email box or any third party that the user may send to or receive from.
15. Promotion Expiration Date
All promotional campaigns have an expiry date displayed in the relevant promotional page on Merrydine website before making the booking. You must agree and adhere to the assigned Expiry Date displayed for the promotion, and that you will not attempt to book or visit the restaurant after the displayed expiry date has elapsed. You also agree that the restaurant has the right to apply their normal charges if your visit is made after the published expiry date.
16. Refund Policy
Merrydine website and the booking process does not involve any financial transactions to take place on the site or any other method for exchanging money in any shape or form. All promotional table bills are settled at the restaurant at the time of your visit. Therefore, Merrydine shall not be responsible for any refunds nor and financial commitment between you and the visiting establishment and as stated in our “Limitations of Liability”.
17. My User Account
The User Account provided to you free of charge, our site visitors are not required to register for a user’s account to browse and view contents of our website. The account registration required only when you wish to make your first and subsequent bookings. The account is mainly used to store and deliver your booking details for safe keep and future reference. You must keep your information up to date including your email address and other related information that help to maintain smooth operation of your user account. Merrydine shall bear no responsibility over your account data integrity and if we cannot deliver your bookings to your email address due to an input error made by you, and any other data provided by you during registration that may prevent the correct use of your account in accordance with our system functionality.
18. Closing your user account
You may close your user’s account on Merrydine site at anytime during your active registration, and request that your registration is removed from our system. In doing so you agree that all information related or stored in your user’s account will be deleted and no further reference to your account or any bookings stored inside your account can be accessed or used with our participating restaurants after the closure. You also agree that Merrydine has the right to close or freeze your user’s account for any reason that does not comply with our business conduct and without prior notice. It is at our discretion to deal with each individual account in the manner that the company see fit and suitable to maintain correct use of our system.
19. Booking status
19.1 Unconfirmed bookings
When you submit your booking through Merrydine booking form, your booking status is “Unconfirmed”. You agree that you will not make your visit to the restaurant prior to receiving the final booking confirmation from the restaurant. You should understand that your table booking can only be confirmed after receiving the required details submitted by you containing the date, time and number of guests. The restaurant will act upon those information and confirm the booking prior to the date of your visit.
19.2 Confirmed bookings
Upon receiving your booking confirmation, this means that the restaurant had allocated a table for you and your guests. It is your responsibility to attend to the correct date and time of the booking. It is also your responsibility to check that the information received back from the restaurant for the booking is correct. You should contact the restaurant directly to make or alter any incorrect information that may have been inadvertently placed.
19.3 Rejected bookings
Normally a booking is rejected by the restaurant if no table can be allocated for the date and time or the number of guests you requested. This is maybe due to a full restaurant or your booking is outside the designated promotion limitations as specified on the promotional page on our website. In some cases the restaurant may also reject your booking due to high volume of guests or in certain conditions the restaurant may require a deposit before confirming the booking. Under no conditions what so ever the restaurant is obliged to accept your booking request and may reject the booking request in accordance with their guest policies and practices. Merrydine shall not enter in any dispute with you or the restaurant if and when a booking is rejected, however, we may offer but not obliged to help out of good will and provide customer support for any issues that may result from rejected bookings.
19.4 Cancelled bookings
A booking can be cancelled at anytime after placing your initial booking submission. You must inform the restaurant if you wish to cancel your booking or seek an alternative date or time or change the number of guests. You are required to give enough notice in accordance with the stated cancellation period shown on the promotion page. All promotions displayed on Merrydine website carry a cancellation period required by the restaurant and to allow the restaurant to allocate your table to another guest. You will not be responsible for any cancellation charges or penalties and its at the restaurant discretion to accept or change your booking details.
19.5 No Show Up bookings
When your booking has been confirmed and a table has been allocated, you must inform the restaurant by telephone or email that you cannot meet your date and time for the designated booking. The restaurant has the right to refuse No Show Up guests for subsequent bookings and may require a deposit for future visits. You also agree that you may receive an email notification from Merrydine and/or the Restaurant informing you that you did not show up for your table and without prior arrangement to cancel your booking. Merrydine has the right to shut down any user’s account if there is a repeated pattern of the customer not showing up for their booking. It is at our discretion to evaluate the situation and act upon the behaviour pattern of the account.
20. Large or group bookings
Depending on the restaurant policy and their code of practice, some restaurant may not accept large or group bookings without prior arrangement. You should observe the note provided on the booking form for any limitations on the number of guests required by each specific restaurant. We as Merrydine have no authority over the restaurant specific policies regarding the number of guests the restaurant may accept. The restaurant has the right to reject any booking made on Merrydine website that may exceed the number of guests accepted by the restaurants or may apply deposit charges to secure the booking for you.
21. Booking ID
When you submit your booking request, our system automatically assigns a unique booking ID number to identify your booking with the restaurant. This numbering system is exclusive to Merrydine bookings and it is used between us, you and the restaurant. You agree to use this ID number in all communications regarding your booking with us and the restaurant. The booking ID does not represent nor intended to be used as booking confirmation, rejection or otherwise and it is only used to identify the booking details submitted by our customers.
22. Limitations of Liability
Subject to the exclusions of warranties and arbitration provisions provided herein, your sole and exclusive remedy for any dispute with us is to discontinue your use of this sites and services. you expressly understand and agree that Merrydine Ltd., and its affiliates, officers, directors, agents, vendors or merchants shall not be liable to you for any of the following: any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use or reliance upon the sites and services. these exclusions apply to, but are not limited to, any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. If any applicable jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdiction, our liability, and the liability of our affiliates, officers, directors, agents, vendors and merchants shall be limited to the extent permitted by law.
As set forth above, you agree that you are solely responsible for interactions with third-party merchants (Restaurants). Subject to the exclusions of warranties, limitations of liability and arbitration provisions provided herein, you agree to release merrydine.com and Merrydine Ltd., from any and all claims or liability related to any product or service of a third-party merchant (Restaurant) and any action or inaction by a third-party merchant (Restaurant).
23. Third party contents and links to other websites
24. System Intellectual Property and Software Licensing
Unless otherwise stated, Merrydine Ltd. and/or it’s licensors own the intellectual property rights for all material on Merrydine website. All intellectual property rights are reserved. You may view and/or print pages from https://www.merrydine.com for your own personal use subject to restrictions set in these terms and conditions. You must not: Republish material from https://www.merrydine.com. Sell, rent or sub-license material from https://www.merrydine.com. Reproduce, duplicate or copy material from https://www.merrydine.com. Redistribute content from Merrydine Ltd. (unless content is specifically made for redistribution).
25. Hyperlinking to our Content
Without prior approval and express written permission, you may not link or attempt to link Merrydine.com content to your website. Participating restaurant automatically link and allowed to exchange content between our registered businesses and Merrydine website. Search engines and Online directory distributors when they list us in the directory may link to our Website in the same manner as they hyperlink to the website of other listed businesses; and Systemwide Accredited Businesses except soliciting non-profit organisations and charity fundraising groups which may not hyperlink to our website. These organisations may link to our home page, to publications or to other website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site. We may consider and approve in our sole discretion. We will approve link requests from organisations if we determine that: (a) the link would not reflect unfavourably on us or our accredited businesses. (b) the organisation does not have an unsatisfactory record with us. Approved organisations may hyperlink to our Website as long as there is no use of Merrydine logo or other artwork will be allowed for linking without prior written agreement either by Email or hardcopy.
26. Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our website upon such request. We also reserve the right to amend these terms of service and its linking policy at any time. By continuing to link to our website, you agree to be bound to and abide by these linking terms and conditions. If you find any link on our website or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you. Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.
- The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraphs; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.