Terms of Service

Acceptance of Terms of Use
These Terms of Use (this "Agreement"), which is a legal agreement between you and PT Maximillian Diners International ("Maxx-Diners"), shall govern Your use of and access to the service. The service provides a mobile and online service operated by Maxx-Diners consisting primarily of promotion and marketing services on behalf of specific merchants ("Merchants") and making reservations for the Merchants listed in Maxx-Diners. The service is provided to you pursuant to the terms and conditions of this Terms of Service and any operating rules or policies that may be published by Maxx-Diners (including the Privacy Policy), as may be amended from time to time (the "Agreements"). The amendments shall be deemed to be effective 2 days after posting the updated Agreement at the Website or within the Application. You should check the Website, the Application and this Agreement regularly to ensure You remain current on the terms and agreements set forth herein. By using the service, you are indicating your agreement to be bound by all of the terms and conditions contained in the agreements.
Purpose
The purpose of this Agreement is to set forth the terms and conditions under which, among other things, (i) Maxx-Diners will license to You use of certain of Maxx-Diners' technology, software and/or services such that You can utilise the Application through your mobile device, and (ii) You can access and/or use the Website (collectively, the "Purpose"). As stipulated elsewhere in this Agreement, Maxx-Diners does not exert any control over any merchants, retailers, commercial ventures or other third parties, and as such is not liable or responsible for any actions taken or omitted to be taken by any such third party.
User Responsibilities and Limitations
By consenting to the Agreements, you are agree with:
1. That you are at least 15 years of age and have the authority to enter into this Agreement.
2. To accurately represent only yourself on the service, and no other persons, living, dead, or imagined; the service may only be used by natural persons (i.e., individuals) on their own behalf and not by or on behalf of any commercial entity unless explicitly permitted by Maxx-Diners.
3. To only make legitimate reservations that comply with the fine print and rules of the terms of the respective offers for your own use and enjoyment, or, when offered, as a gift for another;
4. To provide accurate information to Maxx-Diners and other users of the service, including, but not limited to, information required to register with the service and information posted in public areas of the service;
5. To NOT use the service to reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purpose the software, products, or services provided by Maxx-Diners or obtained through the Service without obtaining the express, prior written consent of Maxx-Diners. This restriction includes any attempt to incorporate any information from the Service into any other directory, product or service;
6. To provide for your own access to the service, including but not limited to obtaining and maintaining all telephone, computer hardware and software, and other equipment and paying all related charges;
7. To NOT attempt to, or actually access data not intended for you, such as logging into a server or an account which you are not authorized to access;
8. To NOT tamper or interfere with the proper functioning of any part, page or area of the Service and any and all functions and services provided by Maxx-Diners;
9. To NOT attempt to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Service, or attempts at overloading, "flooding", "spamming", "mail bombing" or "crashing" the Site;
10. To NOT use the Service or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Maxx-Diners;
11. To NOT resell or re-purpose your access to the Service or any purchases made through the Service;
12. To NOT use the Service or any of its resources to solicit End Users, Merchants or other business partners of Maxx-Diners to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Maxx-Diners, including without limitation, aggregating current or previously offered deals;
13. To NOT exceed or attempt to exceed quantity limits when reserving, redeeming, or purchasing Offers, or for speculative, false, fraudulent or any other purpose not expressly permitted by this Agreement and the terms of a specific offer on the Site;
14. To NOT access, monitor, copy, or reproduce all or any content or information from the Application or Website, whether electronically or mechanically using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
15. To NOT use the Application for the benefit of any third party except as specifically contemplated under this Agreement.
16. To NOT act illegally or maliciously against the business interests or reputation of Maxx-Diners, our Merchants or our services;
17. To NOT hyperlink to our Application or Website from any other website without our initial and ongoing consent.
18. To NOT export, re-export or permit any third party to do so directly or indirectly, the application
19. To NOT use the Application to post, transmit, convey, submit, distribute, store or destroy any content, photographs, descriptions, text, messages, audio or video content or other information that contains: (a) in violation of any applicable law, statute, ordinance or regulation; (b) in a manner that will infringe the intellectual property rights of others; (c) that is defamatory, obscene or trade libelous; (d) that contains any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (e) that is false, misleading or inaccurate in any way; or (f) in violation of the any acceptable use policy or other policy posted at the Website or within the Application from time to time.
20. To NOT violate or attempt to violate the security of the Application. You shall not reverse engineer, de-compile, disassemble or otherwise attempt to derive source code or other trade secrets from the Application, including, without limitation, any of the software comprising or in any way making up a part of the Application. It is prohibited by applicable law without appropriate licenses and clearances. You shall defend and indemnify Maxx-Diners, at Your sole cost and expense, from and against any claims, damages, liabilities and/or expenses arising out of Your breach of any of Your obligations or representations.
Member's Account
If you create an account on Maxx-Diners, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account and, without limitation, you may forfeit any pending, current or future promotional account credits and any unredeemed Offers in your account.

If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your Maxx-Diners account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.
Privacy
Your personal information will only be used in accordance with Maxx-Diners' Privacy Policy. Maxx-Diners reserves the right to inform you of charges to your privacy policy and legal terms by posting such changes on our website. We may also notify you by email or posting such changes on our website. We may also notify you by email or posting on the website of other changes or additions to the Service or to any Maxx-Diners related products and services.
User Responsibilities
You shall be solely responsible for: (i) all Posted information you input into the application; (ii) ensuring that all posted information is appropriate in tone and is accurate; (iii) complying with all applicable laws, rules, and regulations at all times; and maintaining all passwords and access codes to the Application and refraining from sharing or otherwise permitting third parties to use any such passwords and/or access codes to access the application.
Maxx-Diners Rights
Maxx-Diners shall be entitled, at its sole discretion, to suspend, restrict and/or terminate, without notice of any kind, Your access to the Application or Your Maxx-Diners account for any reason. Notwithstanding the foregoing, Maxx-Diners shall not be required to review or monitor any Posted Information entered into the Application or otherwise submitted by You, and You shall be solely responsible for the accuracy of all such data, content, and information.
Vendors, Goods, and Services
Maxx-Diners and the company providing your membership access expressly disclaim any liability, and will not be liable, for any loss or damage incurred as a result of any interaction between you and a vendor accessible through the service. All matters, including but not limited to, delivery of goods and services, warranties, and the security of the purchase transactions entered into, are solely and strictly between you and the merchants.

You acknowledge that Maxx-Diners and the company providing your membership access do not endorse or warrant the merchants that are accessible through the Service nor the goods and services that they provide nor the security of your transaction with such merchants.

You acknowledge that discount offers available to members are not valid with any other offers, including (but not limited to) other coupons, promotions, discounts, or specials unless explicitly stated otherwise by the vendor. Offer terms and conditions vary by merchants, please contact participating merchants for details specific to any offer in question.
Reservations and Cancellation Policy
1. Reservations: Maxx-Diners provides restaurant reservation programme and Application to its customers but is not responsible for the service, eligibility, or termination of the Merchants. Maxx-Diners is also not responsible should the Merchant terminate or cancel your reservation made at Maxx-Diners. Maxx-Diners may terminate Your use of the Website and Application and prohibit you from making further reservations for any reason and at sole discretion of Maxx-Diners. Such actions include but are not limited to: changing the time or date of a reservation more than five times, contacting our Merchant partners directly to attempt to modify the time, date or other parameters of a reservation, arriving at a Merchant’s restaurant at a time or with a party size other than that specified in your reservation confirmation and requesting a discount, failing to cancel a reservation which you do not plan to attend ("no-showing"), committing fraud of any kind with regards to your obligation to pay the Merchant in full for services rendered.
2. Cancellations: Permitted cancellations may be made at least 30 minutes prior to your reservation.
Third Party Content and Links
The Service may contain content supplied by third parties and links to Internet sites maintained by third parties. Maxx-Diners does not, in any respect, control such content or operate such third-party sites and does not guarantee the availability of any email from or links to third-party sites. Third-party content and links are included solely for the convenience of users, and do not constitute any endorsement by Maxx-Diners. Maxx-Diners is not responsible for the accuracy or reliability of third-party information and you assume sole responsibility for the use of third-party information.

Maxx-Diners reserves the right to modify or discontinue the Service at any time without notice to you and Maxx-Diners shall not be liable to you or any third party should Maxx-Diners exercise its right to modify or discontinue the Service.

Maxx-Diners reserves the right to modify the Agreements at any time. You are responsible for regularly viewing the Agreements. Continued use of the Service following any such changes will constitute your acceptance of such changes.

Maxx-Diners is not responsible, has no control or influence over, and makes no representations regarding the Third Party Content. Maxx-Diners has no liability of any kind to You or any other person relating to any Third Party Content, including, without limitation, mistake, mis-statement of law, omission, falsehood, defamation, obscenity, pornography, profanity, opinion, representation and any other content contained in the Third Party Content that you may find to be offensive, indecent or objectionable. Maxx-Diners also has no liability for any loss or damage of any kind incurred as a result of the use of any Third Party Content. The Third Party from whom or which any sich content originates is solely responsible for it.
Disclaimers
Except as explicitly set forth herein, neither Maxx-Diners, its affiliates or any of any such party's equity holders, directors, officers, employees, agents, suppliers, licensors nor the like, makes any warranties of any kind, either expressed or implied, including, without limitation, (a) warranties of merchantability or fitness for a particular purpose, (b) that the Website or the Application will be error-free, (c) as to a minimum level of uptime for the Application or the Website, or (d) as to the results that may be obtained by You by entering into this Agreement and/or using the Application.

You acknowledge and agree that the Application and Website are licensed and/or provided hereunder on an "as is" basis. In addition, You hereby agree and acknowledge that: (i) Maxx-Diners shall not be responsible for any actions taken by any other party using the Application or reviewing any of Your Posted Information; (ii) Maxx-Diners does not recommend or endorse any third parties hereunder, and makes no representations or warranties whatsoever regarding any goods or services purchased or obtained through the service or any transactions through the service (iii) Maxx-Diners is not a party to any transaction between you and any store, retailer or business with which Maxx-Diners has a business relationship, and as such, any disputes regarding purchases, rewards and/or any other aspect of any transaction or other commercial dealings is solely between You and such third party; (iv) Maxx-Diners is not responsible for any other party's compliance with applicable laws, rules or regulations; (v) Maxx-Diners’ services are administrative in nature and Maxx-Diners is not responsible for ensuring that any third party honor any reward, loyalty or other obligations such third party may have towards You; (vi) Maxx-Diners shall not, under any set of circumstances, be responsible or liable for an content, text, photographs and/or other Posted Information, including any Posted Information which may violate applicable law and/or a third party's intellectual property rights; and (vii) the Application and/or Website may not function properly or as intended at times; (viii) Maxx-Diners makes no warranty regarding any goods or services purchased or obtained through the service.

You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Website and/or the Application. While it is Maxx-Diners' objective to make the Website and Application accessible at all times, the Website and/or Application may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Website or Application may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside of the control of Maxx-Diners, access to the Website and/or the Application may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, Maxx-Diners shall not be liable in any way for any delay in responding to an inquiry or question forwarded by You or the effects any delay or unavailability may have on You. YOU AGREE THAT MAXX-DINERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE AND/OR APPLICATION AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE WEBSITE AND/OR APPLICATION.

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the service is done at your own discretion that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.
Limitation on Liability
MAXX-DINERS SHALL NOT, UNDER ANY SET OF CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, INDIRECT OR SPECULATIVE DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT, REGARDLESS WHETHER MAXX-DINERS ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. MAXX-DINERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OTHERWISE OBTAINED OR MESSAGE RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA, INCLUDING WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES, REGARDLESS WHETHER MAXX-DINERS HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS INCLUDES, BUT NOT LIMITED TO, LOST PROFITS OR DATA, ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE APPLICATION OR WEBSITE, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Maxx-Diners shall not be liable to you for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control.
Indemnification
You agree to indemnify and hold Maxx-Diners, their affiliates, officers, directors and employees from any and all claims or demands, including the payment of reasonable attorney's fees, arising out of or relating to your use of the Service.
Responsibilities and Limitations
The following terms and conditions govern general use of the service:
1. You agree to abide by all restrictions displayed on the Website and/or within the Application, as and when they are updated from time to time, including, without limitation. Maxx-Diners reserves the right to remove any content you post to the Website or within the Application, block the sending of any inquiry or other content Maxx-Diners reckons inappropriate in its sole discretion, and may terminate all access to the Website and/or Application at any time in its sole discretion for any or no reason. While Maxx-Diners reserves the right to monitor all postings and/or content posted at the Website and/or within the Application, it has no obligation to do so.
  - Permitted Uses: You may use the Website only in good faith for the purposes described herein. You may download and print out portions of the content from the Website for non-commercial purposes provided that You follow the rules in this Agreement. You may not use the Website or Application, or any business listings, contract information or other content, to promote another business or commercial venture.
  - Distribution: Except as expressly permitted under other provisions of this Agreement, You may not modify, reproduce, duplicate, copy, photocopy, print, republish, display, translate, transmit, distribute, sell, resell, rent, lease, loan, exploit, reduce to any electronic medium or machine-readable form, or otherwise make available in any form or by any means all or any portion of the Website, the content or any information or materials retrieved from either of them, including, without limitation, graphics and logos, in whole or in part, for any purpose.
  - Derivative Works: You may not create compilations or derivative works of the Website or the Application, the Website or Application content or any other materials from the Website or Application.
  - Proprietary Notices: You may not remove, change or obscure and You must retain on all copies of the content You download any copyright notice or other proprietary notice, Privacy Policy, legal disclosures or terms of use contained in the content or on the Website.
  - Infringement: You may not use the Website, Application, the Website and/or Application content or any other materials from the Website or Application in any manner that may infringe upon any copyright or other intellectual property right, proprietary right, or property right of Maxx-Diners or any third party.
  - Information Distribution: You may not use the Website and/or Application or any communications service,message board, or other interactive service that may be available to You on or through the Website or Application to transmit, upload, post, distribute or facilitate distribution of, or otherwise make available any information or content, including text, communications, software, images, sounds, data or other information, that:
    - Is False;
    - Contains explicit or graphic descriptions or accounts of sexual acts, including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals;
    - Includes any inside information and/or proprietary or confidential information learned or disclosed under nondisclosure agreements;
    - You are restricted from using under any law;
    - Infringes upon the intellectual property rights of any third party; or
    - contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage, or limit the functions of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any other party.
  - Other Prohibited Uses: You may not use the Website or Application for any purpose that:
    - is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or otherwise violates Maxx-Diners' rules or policies;
    - victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or any other classification protected by law;
    - invades any person's or entity's privacy or other rights;
    - constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
    - misidentifies You or impersonates any person or entity, including, without limitation, any employee or representative of Maxx-Diners, or falsely states, implies, or otherwise misrepresents Your affiliation with a person or entity by, for example, pretending to be someone other than You or pretending to represent a company or organization that You are not affiliated with or authorized to represent; or
    - could otherwise reasonably be deemed or viewed to be unethical, illegal or offensive.
  - Harm to Minors: You may not take any action on the Website or within the Application or use the Website and/or Application content to harm minors in any way.