DineSelect Post-Booking Premium Table Upsell Service: Terms and Agreements

Policies & Terms of Service
Last Updated: October 25, 2025
This document outlines the binding agreement between DineSelect (the "Provider"), the Venue (the client restaurant), and the Customer (the end-user) for the use of the Service.I. Customer Terms of Service (TOS)
These terms apply to any person (Customer) utilizing the Service to purchase a Premium Table Upgrade.
1. Nature of the Service and Reservation Validity
a. Technology Add-on: The Service is a technology add-on for a premium table upgrade to an existing standard reservation. The Provider is not the primary reservation host and does not manage the Customer’s underlying standard booking. b. Data Accuracy: The Customer is solely responsible for ensuring the date, time, and party size entered for the premium selection exactly matches their original, confirmed standard reservation. Incorrect details invalidate the premium table upgrade and any associated refund rights, except as explicitly stated in Section 2. c. Time Control: The system enforces a strict cutoff (e.g., minimum 3 hours) relative to the reservation time, and bookings are final once confirmed. A temporary 5-minute lock is placed on the table during payment processing, which is immediately released if payment fails.
2. Payment, Refund, and Strict Liability Limit
a. Fee and Non-Refundable Status: All fees are for the premium upgrade and are non-refundable except in the specific event of a service failure. b. The Conflict Refund Guarantee: In the rare event of a Race Condition or database conflict that results in the confirmed premium table being unavailable (a service failure): i. Strict Liability Limit: The Customer expressly agrees that the Provider's sole and maximum liability is strictly limited to the full refund of the premium fee paid only. ii. Waiver of Consequential Damages: The Customer waives all rights to claim for any consequential, incidental, indirect, or punitive damages, including, but not limited to, travel costs, alternative dining expenses, or emotional distress. c. Refund Obligation Acknowledgment: The Customer acknowledges and agrees that the Venue (the restaurant) is contractually and solely responsible for processing the full refund via their payment system (Stripe) upon receiving a conflict alert from the Provider.
3. Privacy and Data Use
a. Data Scope: The Provider collects only the Customer’s name, email, and party size solely for service fulfillment (securing the upgrade) and conflict resolution. b. Security and Sharing: We do not store payment card details. Essential booking data is shared only with the specific Venue to confirm the upgrade. We do not sell or share Customer data to external marketing parties. c. Data Retention: Identifiable Customer booking data is retained for a maximum of 90 days after the reservation date for conflict resolution and necessary compliance, after which it is anonymized or securely deleted.
II. Venue Service Agreement (Client Contract)
These terms govern the use of the Provider’s Premium Upsell Technology by the restaurant (Venue).
4. Technology Scope and Responsibility
a. Technology Provider: The Provider is a technology vendor offering a post-booking upsell and conflict-resolution system. The Provider is not the official reservation platform and is not responsible for the Venue's general capacity management. b. Data and Link Integrity: The Venue is solely liable for ensuring the correct dynamic variables (Date, Time, Party Size) are accurately inserted into the Service's link template, and for any resulting customer dissatisfaction or conflicts arising from incorrect link usage. c. Operational Lead Time: The Venue agrees that the upsell link will only be used for reservations that meet their operational lead time (e.g., the 3-hour minimum cutoff enforced by the Service).
5. Conflict Management and Indemnity
a. Mandatory Alert Monitoring: The Venue is contractually obligated to actively monitor the designated management email address for the [ACTION REQUIRED: MANUAL REFUND] alert. b. Sole Refund Responsibility: The Venue is solely responsible for issuing a prompt, full refund via their payment system (Stripe) to the affected Customer immediately upon receiving a conflict alert. This operational duty is non-transferable. c. Limitation of Provider Liability: The Provider is not liable for lost revenue, profits, or disruption caused by primary booking system failures or Venue staff error. Provider liability is strictly limited to the technical functionality of its conflict-resolution software. d. Venue Indemnification: The Venue agrees to indemnify, defend, and hold harmless the Provider from any claims, losses, or liabilities (including attorney fees) resulting from the Venue's failure to promptly execute a mandatory refund or any error in its internal booking/staff management.