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Terms and Conditions
Please read carefully, as this pertains to the Agreement of your enrollment with any of the services sold by Dine Couture, LLC (referred to as “Company”).
By purchasing our services and becoming a Member, you (sometimes referred to as "Member") agree to the following terms stated.
Service
Dine Couture, LLC agrees to provide social networking opportunities through dining experiences at select fine restaurants and with private chefs to help Member enhance their social lives. Member agrees to abide by all policies and procedures outlined in this Agreement as a condition of their membership.
COVID-19
Dine Couture acknowledges that COVID-19 continues to be a threat and will take the necessary precautions to minimize exposure and risk to the Dine Couture community. Accordingly, we are now implementing this Policy to promote the health and safety of our members and staff, support public health efforts, and preserve our dining membership continuity.
Due to the evolving nature of expert guidance regarding COVID-19, this Policy is subject to regular review and revision at the discretion of Dine Couture.
Until further notice, we are requiring all members and member guests to be fully vaccinated to attend all events. Each Member and guest must show proof of vaccination and will be required to take a COVID test prior to attending each dinner.
We are also requiring that you wear a suitable face mask that covers the nose and mouth at all indoor settings, except upon dining.
Member acknowledges that Dine Couture will take every precaution to create a safe experience, however, there aren't any guarantees that a Member may not contract COVID-19. If a Member contracts COVID-19, Dine Couture will not be held responsible, as circumstances are beyond the Company's control.
Safety
Dine Couture will select and work with restaurants and private chefs with high ratings and standards. In the event a member is afflicted with any gastrointestinal illnesses due to food consumption at a Dine Couture selected venue, the Member agrees not to hold the Company responsible for circumstances beyond the Company's control.
Transportation
Dine Couture may utilize a third party for collective transportation to and from dining events for ease of participation for Member. Member may choose to be transported to and from the venue; however, they may not hold the Company responsible for any occurrences resulting in an accident or sustained injuries.
Financial Obligation
Member is responsible for the completion of all payment plans associated with the membership they purchase. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.
Methods of Payment
We accept Visa, Mastercard, and American Express as a form of payment. If Member chooses to pay by monthly installments, she authorizes the monthly charge for the service on the Member's credit card or debit card.
Please note: If you opted for a payment plan, you are required by law to complete your payment plan. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.
Refunds
We do not offer refunds on our annual membership fee. Exceptions to our policy are discretionary as determined by Dine Couture, LLC. If you have any questions, contact us at support@dinecouture.com.
Billing Policies
The procedures, practices, policies and benefits described here may be modified or discontinued at any time. We will try to inform you of any changes as they occur; however, we recommend that you frequently visit this page to remain updated of our policies.
Should you have any questions, please email support@dinecouture.com. Usage of our services constitutes Member’s acceptance of Dine Couture, LLC’s billing policy. Following is the billing policy with which all members must comply:
General Policies
Members are responsible for keeping all credit/debit card details and contact information current. Please email support@dinecouture.com and inform us of any changes.
All membership renewal fees are automatically charged to the credit/debit card on file.
Payment receipts are available to customers upon request.
Delinquency Policy
Credit/Debit Card Billing: All credit/debit cards are automatically charged on the member’s specific billing cycle date or, if a payment plan is selected, every 30-days from the initial purchase. If the credit/debit card is declined, we will continue to attempt to charge the card on file every 3 days for 30 days (up to 10 times).
Delinquent Accounts: All accounts 30 days past due may be disabled or de-activated until balances are paid in full.
Fees
Returned Item Fee: There is a $50.00 insufficient funds check fee for returned checks in addition to the amount still due.
Late Fee: Invoices which remain unpaid after 30-days may be assessed a late fee of $50.00 per month.
Chargebacks: If a member initiates a chargeback, we will assess a $250.00 processing fee for each individual chargeback.
Collections Fee: In the event an account is submitted to a third-party collections service, the member will be responsible for the full amount of the collections fees, in addition to any other fees previously assessed on the account.
Cancellations
Cancellation of an account does not dismiss outstanding invoices or the contracted commitments. At the time of cancellation, any outstanding balance must be settled. All cancelled accounts with an outstanding balance may be automatically turned over to a third-party collection service.
Billing Disputes
As a current or prior member, each member agrees to provide 30 days to attempt settlement of any billing dispute before disputing with any third-party credit/debit card company or bank. We must be the first option in billing disputes. Should Dine Couture, LLC receive a chargeback from a third-party credit/debit card company or bank on the customer’s behalf before we have been given a chance to resolve the issue, we have the right to collect on the rendered services and any fees associated with those disputes. Regardless of the outcome of the chargeback, Dine Couture, LLC retains the right to collect on any rendered services or fees that are due. Dine Couture, LLC will submit any disputed amounts to a collection agency. Once a chargeback has been received, we will immediately suspend the account until the matter is resolved.
Confidentiality
Dine Couture, LLC respects Members’ privacy and insists that Members respect ours as well. Thus, consider this a mutual non-disclosure Agreement. Any confidential information shared by Dine Couture, LLC participants or any representative of Dine Couture, LLC is confidential, proprietary, and and belongs solely and exclusively to Members or representatives who disclose it. Parties agree not to disclose, reveal, or make use of any confidential information or any transactions during discussions, in any forum.
Member agrees not to use such confidential information in any manner other than in discussion with other Members, during the respective service. Confidential information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.
Both Parties will keep private information in strictest confidence and shall use their best efforts to safeguard the confidential information and to protect it against disclosure, misuse, espionage, loss, and theft.
Member agrees not to violate the Publicity or Privacy Rights belonging to Dine Couture, LLC. Furthermore, Member will not reveal any information to a third party obtained in connection with this Agreement or our direct or indirect dealings with Member, including but not limited to, names, email addresses, third-party company titles or positions, phone numbers, or postal addresses. Member will not, at any time, either directly or indirectly, disclose confidential information to any third party.
By purchasing our products, you agree that if you violate or display any likelihood of violating this Agreement, Dine Couture, LLC and/or the other program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Limitation of Liability
Member agrees they used Company’s services at their own risk and that Dining Society is only a social service being provided. Member releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, guides, staff, other Members and related entities any way as well as the venues where the dining meet ups are held (if applicable) and any of its owners, executives, agents, or staff (sometimes referred to as “Releasees”) from any and all damages that may result from any claims arising from any Agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from Member's participation in the Dining Society. Member accepts any and all risks, foreseeable or unforeseeable. Member agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services.
Non-disparagement
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Member nor any of Member’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its services, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives.
Indemnification
Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of services, excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Member shall defend Company in any legal actions, or the like arising from or related to this Agreement. Member recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of Member’s payment for the right to participate in Dine Couture, LLC's membership, the undersigned, your heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Dine Couture, LLC and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the guides or staff or the venue where the events are being held (if applicable) and any of its owners, executives, agents, or staff (sometimes referred to as “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from Member's participation in the membership.
Force Majeure
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, pandemic, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
Severability/Waiver
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
Assignment
Member may not assign this Agreement without express written consent of the Company.
Modification
Company may modify terms of this Agreement at any time. All modifications shall be posted on this page and Member shall visit page frequently for updates.
Termination
Dine Couture is committed to providing all Members with a positive experience. By enrolling in this membership, Member agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Member’s participation in the Dining Society without refund or forgiveness of installment payments if Member becomes disruptive to Company or Membership body, Member fails to follow the guidelines, is difficult to work with, impairs the participation of the other Members or upon violation of the terms as determined by Company. Member will still be liable to pay the total contract amount.
Resolution of Disputes
If not resolved first by good-faith negotiation between the Parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The Parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Member, Member is responsible for any and all arbitration and attorney fees.
Equitable Relief
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
Notices
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of five (5) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by email. Email: support@dinecouture.com. This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire Agreement between the Parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, Agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, United States of America.
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