These Terms of Sale are entered into by and between you and Dine Aware Corp. ("Company", "we" or "us"), the operator of Dine Aware™ training, products and professional certifications.  The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Sale"), govern the purchase and sale of products and services from us.

Please read these Terms of Sale ("Agreement") carefully as they contain the legal terms and conditions that you agree to when you access or use the service, products and/or certifications provided by Dine Aware ("Company") through the website located at www.dineaware.com (“Service” or "Services").

These Terms of Sale are an integral part of our Terms of Use, Privacy Policy and Dine Aware Disclaimer that apply generally to the use of our website, which you should carefully review before placing an order for products or services through this website.

Acceptance of Terms

By placing an order for products and/or services in any manner, including visiting or browsing the website, you agree to this Agreement and all other operating rules, policies, and procedures that may be published from time to time on the website by the Company.

Changes to Terms

The Company reserves the right to change or modify these terms at any time. Any changes will be effective immediately upon posting the revised version on the website. Your continued use of the Product and Services indicates your acceptance of the latest revised Agreement.

Order Acceptance

Please be aware that receiving an electronic or any other type of order confirmation does not mean that we have accepted your order, and it does not confirm our offer to sell. We reserve the right to accept, decline or limit your order for any reason, even after receiving it.

We strive to ensure that our website is always available for use. If we encounter technical issues, we cannot be held responsible for any orders that are not processed or accepted.

Payment Terms and Sales Taxes

Terms of payment are within our sole discretion and, unless otherwise stated by us in writing, payment must be received by us prior to our acceptance of an order.  We accept VISA, MasterCard, American Express, Diners Club, and Discover credit cards for all purchases.  Unless otherwise stated or agreed by us in writing, all purchases are in $USD.  You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete; (ii) charges incurred by you will be honoured by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

​​Changes in Products, Services and Pricing

We are constantly updating and revising the offerings and content of our services and products.  As such, we may discontinue and/or change products and services at any time without notice.  To the extent that we provide information on the availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services.

All pricing is subject to change and we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

Service Subscription

Purchase: You agree to purchase a subscription to access and implement Dine Aware training for a designated period stipulated in the respective subscription plan.

Access: The subscription grants you limited, non-exclusive, non-transferable access to Dine Aware's training materials.

User Obligations

You are responsible for providing complete and accurate account information, safeguarding the account information, and ensuring that all of your employees using the product and services comply with this Agreement.

Intellectual Property Rights

Ownership

You acknowledge and agree that the Company retains ownership of all intellectual property rights of any kind related to the products and service, including applicable copyrights, trademarks, and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

Restrictions

You are expressly prohibited from:

• Reverse Engineering: Reverse engineering, decompiling, or disassembling the Service, except as permitted by applicable law.

• Derivative Works: Creating derivative works based on the Service or any part thereof.

• Misappropriation: Using the Service for the benefit of any third party or transferring your license to use the Service to a third party, unless the Company grants express written approval.

• Proprietary Notices: Removing or altering any proprietary notices or labels on or in the Service.

Protection

You agree to protect Dine Aware's intellectual property rights during and after the term of this Agreement. You agree to promptly notify the Company in writing upon your discovery of any unauthorized use or infringement.

Limitation of Liability

ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL WE OR OUR AFFILIATED COMPANIES, AGENTS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS OR SERVICES. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES..

Indemnification

You agree to indemnify, defend and hold harmless Dine Aware Corp., its affiliates and its and their officers, directors, employees and agents from and against all liabilities, damages, costs or expenses (including reasonable attorney's fees) payable or paid by the Company to third parties as a result of (i) any breach or alleged breach of any of you’s obligations contained herein, or (ii) any claim relating to or arising from any outcome from the purchase of any products or services or your violation of these Terms.

Force Majeure

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labour disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

Governing Law

This Agreement shall be construed and enforced in accordance with the laws of the Province of Ontario, country of Canada.

Entire Agreement

The Terms of Use, Privacy Policy, Dine Aware Disclaimer and Terms of Sale constitute the sole and entire agreement between you and Dine Aware Corp. and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.

By agreeing to these Terms of Sale agreement in its entirety, you represent and warrant that you have the legal authority to bind this Agreement. By proceeding with the acceptance of this Agreement, you convey acceptance of these terms both personally and on behalf of any entity for which you may be acting. Any breach of this representation constitutes a material breach of this Agreement, which may lead to the termination of the rights granted under this Agreement.