Terms

BookMyDining Terms and Conditions (“Agreement”) apply whenever you access or use BookMyDining websites, mobile websites, or mobile applications (collectively, the “BookMyDining Sites”) and any services, features, tools, or content provided through them (the “Services”). In this Agreement, “BookMyDining,” “we,” “our,” or “us” refers to BookMyDining Solutions Inc., a corporation federally incorporated under the laws of Canada, providing the Services to you. “User” or “you” refers to any individual who accesses or uses the Services. This Agreement includes and incorporates by reference all related policies, procedures, and additional terms that are referenced or linked within this document (collectively, the “BookMyDining Policies”).

By accessing or using the Services, or by clicking “Accept” or “Agree,” you acknowledge that you have read and understood this Agreement, agree to be legally bound by its terms, and represent and warrant that you are legally permitted to use the Services in your jurisdiction and meet all applicable minimum legal age requirements to use the Services and to purchase or redeem any related products, including BookMyDining-issued gift cards or merchant gift cards.

BookMyDining may update or modify this Agreement at any time, with the latest version posted on the BookMyDining Sites. By continuing to use the Services after such updates, you agree to the revised terms. If you do not accept the changes, you must stop using the Services, and prolonged inactivity may result in your Account being suspended or terminated. Unless otherwise specified, the version of this Agreement in effect at the time you use the Services will apply to that use.

1. User Accounts

You must create a BookMyDining account (“Account”) to make reservations and access certain Services. While some features may be available without an Account, creating one is required to book reservations and use specific Services, including Payment Services and purchasing or redeeming gift cards. By registering, you agree to provide accurate, current, and complete information, keep it updated, and maintain the confidentiality and security of your login credentials. You are responsible for all activities conducted through your Account, whether or not authorized by you, to the extent permitted by applicable law. You agree to notify BookMyDining promptly of any unauthorized access or use of your Account. Except as required by applicable law, BookMyDining is not liable for any loss, damage, or unauthorized activity arising from your failure to safeguard your Account or from use of your Account.

2. Reservation Requests and Confirmations

BookMyDining provides tools that allow Users to make reservations at participating Restaurants (the “Reservation Services”). Restaurants offering these options through the platform are referred to as “Restaurants.” When you submit a reservation or, where available, a waitlist request through BookMyDining, the request is transmitted to the Restaurant’s system, and availability or estimated wait times are based solely on information provided by the Restaurant. BookMyDining may send confirmations or updates via email, text message, push notification, or other electronic communication methods you have agreed to receive. By using the Services, you consent to receiving such communications. BookMyDining does not guarantee reservation availability, wait times, or acceptance by any Restaurant.

3. Cancellations, No-Shows, and Waitlists

If you cannot attend a reservation, you must cancel at least 2 hours before the scheduled time through BookMyDining or by contacting the Restaurant directly. Some Restaurants may require a valid credit or debit card to secure a reservation; by providing such information, you authorize BookMyDining or the Restaurant to place a temporary authorization hold to verify the card. Restaurants may enforce their own cancellation, deposit, or no-show policies disclosed during booking, and BookMyDining is not responsible for any charges or penalties imposed by a Restaurant. BookMyDining may send a No-Show Notification based on information provided by the Restaurant; Users may dispute such notices through support, but BookMyDining reserves the right to suspend or restrict Accounts that accumulate two or more no-shows within six months. If you join a waitlist, you are responsible for updating your availability, and the Restaurant may remove your place if you are unavailable or fail to arrive when notified.

4. Responsible Use of Reservation Services

Users agree to use BookMyDining’s Services responsibly and only for legitimate dining purposes. You agree to make reservations only when you genuinely intend to attend, arrive on time, and order and pay for meals at the Restaurant. You further agree not to make multiple reservations for the same meal time for personal use, reserve tables you do not intend to use, or sell, transfer, or attempt to resell reservations or waitlist positions. BookMyDining may cancel reservations, remove Users from waitlists, or suspend access to the Services if misuse is detected. Certain authorized users, such as administrative assistants or concierges, may be permitted to make multiple reservations under designated programs, subject to separate terms.

5. Additional Services

BookMyDining may provide additional services, including payment features for restaurant bills (“Payment Services”), BookMyDining-issued gift cards (“BookMyDining Gift Cards”), Retailer Gift Cards redeemable through BookMyDining reward points, and restaurant-issued gift cards from participating Restaurants (“Restaurant Gift Cards”), as well as other services introduced from time to time. The availability of these services may vary by location and may be modified, restricted, or discontinued at BookMyDining’s sole discretion. Such services may be subject to separate terms, conditions, or policies available on the BookMyDining Sites, which are incorporated into this Agreement. By using any such services, you agree to comply with the applicable terms.

6. Privacy Policy

BookMyDining respects your privacy and is committed to protecting your personal information. Details regarding how BookMyDining collects, uses, stores, and shares personal information are described in the BookMyDining Privacy Policy at https://bookmydining.ca/privacy. By using the Services, you acknowledge that you have read and understood the Privacy Policy and consent to the collection, use, and processing of your information as described therein.

7. Communications

When you use the BookMyDining Sites or Services, BookMyDining may send you communications via email, SMS/text messages, push notifications, or other electronic messaging methods. These communications may include reservation confirmations, reminders, updates or changes to reservations, service notifications, and promotional or informational messages where permitted by law. If you subscribe to BookMyDining SMS services, you may opt out at any time by, after which you will receive a confirmation and no further SMS messages will be sent unless you resubscribe. For assistance, you may contact BookMyDining support through the Sites. Message and data rates may apply, message frequency may vary, and mobile carriers are not responsible for delays or undelivered messages. By using the Services, you consent to receive such communications and acknowledge that BookMyDining’s privacy practices, as outlined in the BookMyDining Privacy Policy, govern the collection and use of your information.

8. Device and Connectivity Requirements

To access and use the BookMyDining Services, you must have a compatible device, such as a computer, smartphone, or tablet, and a reliable internet connection. You are solely responsible for all costs associated with internet or mobile data usage. If you use SMS/text messaging features, you must maintain an active mobile account with a supported carrier, and certain prepaid or limited plans may not be compatible. BookMyDining does not guarantee that the Services will function on all devices, operating systems, or mobile carriers. Additionally, some features may require specific technologies, such as JavaScript, to be enabled; if such technologies are disabled, certain functionality—including making, modifying, or cancelling reservations—may be unavailable.

9. Service Modifications

BookMyDining may modify, update, or discontinue any part of the Services at any time, including adding or removing features, altering functionality, or adding or removing participating restaurants or merchants, with or without prior notice. By continuing to access or use the Services after such changes, you agree to be bound by the updated Services. If you do not agree with any modifications, your sole recourse is to stop using the Services.

10. Intellectual Property

All materials available through the BookMyDining Services, including text, graphics, images, videos, software, data, and other digital content (collectively, “BookMyDining Content”), are protected by intellectual property laws and are owned by BookMyDining or its licensors. You may access and use BookMyDining Content solely for personal, non-commercial purposes in connection with the Services. BookMyDining may update, modify, or remove any Content at its discretion. Except as expressly permitted in this Agreement, you may not copy, distribute, reproduce, modify, publish, create derivative works from, or commercially exploit any BookMyDining Content. All intellectual property rights, including trademarks, logos, and other proprietary rights, remain the exclusive property of BookMyDining or its licensors, and no rights or ownership are transferred to you by use of the Services.

11. Mobile Application License

If you download or use the BookMyDining mobile applications, BookMyDining grants you a limited, non-exclusive, non-transferable, and revocable license to use the application solely on devices you own or control and only for personal use in connection with the Services. The applications are provided in object code form, and you may not access, reverse engineer, decompile, modify, or otherwise attempt to derive the underlying source code or software. This license does not grant you any ownership rights in the applications or related intellectual property, all of which remain the exclusive property of BookMyDining or its licensors.

12. Acceptable Use

The Services are provided solely for personal, non-commercial use, and you agree not to misuse the Services or any BookMyDining Content. Prohibited activities include, without limitation, using bots, scrapers, automated scripts, or AI tools to collect data without permission; overloading, interfering with, or disrupting the Services; sublicensing, renting, or selling access to the Services; incorporating BookMyDining Content into your own products or services; reverse engineering, decompiling, or attempting to access source code; modifying or creating derivative works from the Services; removing copyright or proprietary notices; using the Services for illegal purposes; or engaging in competitive analysis or benchmarking. BookMyDining reserves the right, at its sole discretion, to refuse access, remove content, cancel reservations, suspend or terminate accounts, or restrict access if it believes these rules have been violated. Certain Services or features may not be available in all regions, and BookMyDining may limit access based on geographic location.

13. Government Use

If you access or use the Services on behalf of any government entity, you acknowledge and agree that the Services are provided as “commercial items,” and your use is governed solely by the terms of this Agreement. No additional rights, warranties, or obligations are granted beyond those expressly set forth herein, and the Services may not be used in any manner inconsistent with this Agreement or applicable law.

14. Export Compliance

You may not access, use, or distribute the Services in violation of any applicable export or import laws, regulations, or restrictions of Canada or any other country. This includes, without limitation, transferring or providing the Services, technology, or content to prohibited countries, individuals, or entities. By using the Services, you represent and warrant that you are not located in, under the control of, or a national of any jurisdiction subject to such restrictions, and that your use of the Services complies with all applicable export and import laws.

15. Termination

BookMyDining may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including but not limited to your violation of this Agreement, engagement in prohibited activities, misuse of BookMyDining Content, or conduct that creates risk or harm to BookMyDining or other users. You may also discontinue use of the Services at any time. Upon termination or suspension, your right to access and use the Services, Content, and mobile applications ends immediately, and BookMyDining may delete your Account, reservations, or other content at its discretion. The provisions of this Agreement that by their nature survive termination—including, without limitation, intellectual property rights, disclaimers, liability limitations, and dispute resolution—remain in full force and effect.

16. User Content

Certain Services may allow you to submit content, including reviews, photos, comments, or other materials (“User Content”). By submitting User Content, you represent and warrant that you own or have the necessary rights to the content, that it does not infringe the rights of any third party, and that it complies with all applicable laws. By submitting User Content, you grant BookMyDining a worldwide, non-exclusive, royalty-free, fully sublicensable license to use, reproduce, distribute, display, modify, adapt, and publicly perform or display your content in connection with the Services for as long as the content exists on the platform. You are solely responsible for your User Content, and BookMyDining reserves the right, at its sole discretion, to remove or refuse any content that violates this Agreement, applicable law, or BookMyDining policies.

17. Automated Tools and AI Usage

You may use AI tools, automated scripts, or machine learning technologies with the Services only to the extent expressly permitted by BookMyDining. Such use must not disrupt, degrade, or interfere with the Services or the experience of other users. BookMyDining reserves the right to monitor, limit, or suspend any automated or AI-driven activity at its sole discretion to prevent abuse, ensure service stability, and protect its systems and users.

18. Third-Party AI and User Representations

When using the Services, any third-party entities or AI tools integrated with BookMyDining may only access data as permitted, and third parties are prohibited from using personal or sensitive data to train their own models except in limited cases subject to strict internal review. All content generated by AI tools is provided on an “as-is” and “as-available” basis, and BookMyDining makes no warranties regarding its accuracy, completeness, or reliability, nor is BookMyDining liable for any damages arising from your use or reliance on such content. Actions taken by AI tools or automated agents are considered actions of the user, who bears full responsibility for verifying and authorizing them. You represent and warrant that you own or control all rights to any user content you submit, that it is accurate, and that its use by BookMyDining, other users, or partners does not violate this agreement or infringe third-party rights. You agree to indemnify, defend, and hold harmless BookMyDining, its affiliates, and their officers, directors, employees, and agents from any claims or liabilities arising from your user content, your use of the Services, or any breach of this agreement.

19. LIABILITY LIMITATIONS AND DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BOOKMYDINING PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS, CLAIM, OR LIABILITY ARISING FROM OR RELATING TO (1) THIS AGREEMENT, INCLUDING ANY MODIFICATIONS; (2) YOUR USE OR INABILITY TO USE THE BOOKMYDINING SITES, SERVICES, BOOKMYDINING CONTENT, OR USER CONTENT; (3) ERRORS, INTERRUPTIONS, OR DELAYS IN THE SERVICES; OR (4) ANY INTERACTIONS WITH OR VISIT TO A RESTAURANT OR MERCHANT, INCLUDING THEIR CONDUCT, POLICIES, OFFERS, OR PAYMENT PROCESSING. BOOKMYDINING IS NOT AN AGENT OR PARTNER OF ANY RESTAURANT OR MERCHANT AND IS NOT RESPONSIBLE FOR THEIR ACTIONS OR PROMOTIONS. THE SERVICES, BOOKMYDINING CONTENT, AND ANY INFORMATION, PRODUCTS, OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. BOOKMYDINING DOES NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE USE, ACCURACY OF INFORMATION, OR PRESERVATION OF CONTENT, AND IS NOT RESPONSIBLE FOR INTERNET OR SYSTEM ISSUES OUTSIDE ITS REASONABLE CONTROL. IF ANY LIMITATION OR DISCLAIMER IS UNENFORCEABLE, BOOKMYDINING’S TOTAL LIABILITY SHALL NOT EXCEED FIFTY CANADIAN DOLLARS (CAD $50). YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS, DISCLAIMERS, AND ALLOCATIONS OF RISK ARE ESSENTIAL TO THE PROVISION OF THE SERVICES AND REPRESENT A REASONABLE ALLOCATION OF LIABILITY, WITHOUT AFFECTING ANY STATUTORY RIGHTS UNDER CANADIAN LAW.

You and BookMyDining acknowledge that the disclaimers, exclusions, and limitations in this section are essential to this Agreement and a reasonable allocation of risk. You agree that BookMyDining could not provide the Services without these terms, and this Agreement remains in full force even if any limited remedy fails its essential purpose.

20. Third-Party Websites, Applications, and Services

The Services may include links to websites, applications, or platforms operated by third parties. These links are provided for convenience only, and BookMyDining does not control, endorse, or assume any responsibility for the content, products, features, or services of such third-party sites or applications. Your use of any third-party site, application, or platform is subject to its own terms and policies, and BookMyDining is not liable for any damages, losses, or claims arising from such use. If you access the Services through mobile applications developed by third-party providers (e.g., Apple, Google, Microsoft, or Blackberry), your use is also subject to those providers’ terms, including licensing and usage restrictions, and such providers are not responsible for the Services. To the extent a participating restaurant enables a third-party platform to offer, sell, or facilitate alcohol, cannabis, tobacco, gambling, or other age-restricted products (“Age Restricted Goods”), all such offerings are governed by applicable laws, and BookMyDining has no affiliation with or liability for the restaurant’s provision of such products. A “Third-Party Platform” refers to any platform, service, add-on, or product not provided by BookMyDining that a restaurant chooses to integrate or enable.

21. Restaurants, Merchants, and User Obligations

Restaurants and Merchants are solely responsible for their interactions with you and for any claims, injuries, illnesses, damages, liabilities, or costs (“Claims”) arising from your use of their services, visit to their premises, or participation in any promotion, offer, product, or service provided by a Restaurant or Merchant. You agree to resolve any disputes directly with the relevant Restaurant or Merchant. To the fullest extent permitted by applicable law, you release and hold harmless BookMyDining, its affiliates, officers, directors, employees, and agents from any and all such Claims, including claims that are unknown or unsuspected, except as may be prohibited under Canadian law.

22. Reporting Copyright Infringement

If you believe that any content available through the BookMyDining Services infringes your copyright, you may submit a written notice to our designated copyright agent. To be actionable, your notice must include all of the following: (1) your physical or electronic signature; (2) identification of the copyrighted work you claim has been infringed; (3) identification and sufficient information to locate the allegedly infringing material within the Services; (4) your contact information, including mailing address, telephone number, or email; (5) a statement made in good faith that you believe the use of the material is unauthorized by the copyright owner, its agent, or the law; and (6) a statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.Notices should be sent to: BookMyDining ,Suite 6060, 3080 Yonge Street, Toronto, ON M4N 3N1 or Email: support@bookmydining.ca. BookMyDining is not obligated to take action on any claim that does not include all required information. Submission of incomplete or inaccurate notices may delay or prevent enforcement.

23. Severability, Assignment, and Waiver

If any provision of this Agreement is found to be invalid or unenforceable under applicable law, the remainder of the Agreement shall remain in full force and effect, and the invalid provision shall be deemed modified or omitted to the minimum extent necessary. You may not assign, transfer, or delegate any rights or obligations under this Agreement, whereas BookMyDining may do so at its sole discretion. No failure or delay by either party in exercising any right or remedy shall constitute a waiver of that right or remedy, nor shall any single or partial exercise preclude further enforcement.

24. Dispute Resolution

24.1 Applicability

Any dispute, claim, or controversy arising out of or relating to your access to or use of the BookMyDining Services, this Agreement, or any communications, promotions, products, or services provided through the Services (“Dispute”) shall be resolved under this Section 24. This Section applies to all users of BookMyDining in Canada.

24.2 Informal Dispute Resolution

Before initiating formal legal proceedings, you agree to engage in good faith efforts to resolve any Dispute directly with BookMyDining. Either party may provide written notice describing the nature of the Dispute (“Notice”). BookMyDining will respond within a reasonable period, and both parties will participate in a prompt, low-cost discussion to attempt resolution. The statute of limitations and filing deadlines for any Dispute shall be tolled while informal resolution is attempted.

24.3 Individual Resolution Requirement

All Disputes must be brought and resolved individually. Users expressly waive any right to pursue or participate in class, collective, representative, or mass proceedings, except where prohibited by law. Relief, remedies, and awards under this Section shall be limited to the individual party bringing the Dispute.

24.4 Formal Arbitration or Court Resolution

If informal resolution fails, any remaining Dispute shall be resolved exclusively: 1)Through binding arbitration administered in accordance with the Arbitration Act, 1991 (Ontario) and applicable Canadian law, or, 2) Where arbitration is unavailable or legally prohibited, through court proceedings in the province of Ontario.The arbitrator or court may grant declaratory or injunctive relief only in favor of the individual party and solely to the extent necessary to resolve that party’s Dispute.

24.5 Arbitrator Authority

The arbitrator shall have authority to resolve all matters concerning the interpretation, enforceability, and scope of this Section 24, subject to the individual Dispute limitation. Decisions of the arbitrator are final and binding, and judgment may be entered in any court with jurisdiction.

24.6 Attorneys’ Fees and Costs

Each party shall bear its own costs and legal fees, except where the arbitrator or court determines that a claim was frivolous, vexatious, or brought for an improper purpose. In such cases, the prevailing party may be awarded reasonable costs and fees.

24.7 Confidentiality

All materials, documents, and communications exchanged during arbitration or court proceedings shall remain confidential, except as required by law or as necessary to enforce a judgment or award.

25. Restaurant and Merchant Interactions

25.1 Responsibility of Restaurants and Merchants

Restaurants and merchants are solely responsible for all interactions with users, including any claims, damages, injuries, illnesses, or losses arising from their services, promotions, products, or facilities (“Claims”). Users must resolve all disputes directly with the relevant restaurant or merchant.

25.2 Limitation of BookMyDining Liability

To the fullest extent permitted by law, BookMyDining is not responsible for any Claims arising from user interactions with restaurants or merchants. BookMyDining does not guarantee the quality, safety, legality, or compliance of any restaurant or merchant service.

25.3 Canadian Compliance

This Section applies to all BookMyDining users in Canada. Nothing in this Section limits liability for willful misconduct or gross negligence where prohibited by applicable Canadian law.

25.4 Individual Claims Only

Users may only bring individual claims against restaurants, merchants, or BookMyDining. Users expressly waive rights to pursue class, collective, or representative actions against BookMyDining related to restaurant or merchant interactions.

26. User Acknowledgment and Consent

By using the BookMyDining Services, you acknowledge and agree that you have read, understood, and accept all terms of Sections 24 and 25. You expressly consent to the following: 1) All disputes will be resolved individually and not on a class, collective, or representative basis. 2) BookMyDining and its affiliates are not responsible for claims arising from restaurants or merchants. 3) Your continued use of the Services constitutes your binding acceptance of these terms and your agreement to comply with the dispute resolution procedures outlined in Sections 24 and 25.

27. Governing Law and Jurisdiction

This Agreement, including all disputes, claims, or controversies arising out of or in connection with your use of the Services, the BookMyDining Sites, or any products or services offered through the Services, shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law principles. By using the Services, you agree that the courts of Ontario shall have exclusive jurisdiction over any dispute that is not subject to the arbitration or dispute resolution procedures set forth in Sections 24–26. Nothing in this Agreement limits any rights you may have under applicable Canadian consumer protection legislation or other statutory rights. You also acknowledge and agree that any claims must be brought within the applicable statutory limitation period, or they will be barred.