Dish Cult Rewards Programme
Terms of Use for Merchants
These terms of use ("Terms of Use") form part of the Terms and Conditions and apply to any Customer opting to participate in the Dish Cult Rewards Programme. By opting to participate in the Dish Cult Rewards Programme, you acknowledge that you have read and accept these Terms of Use.
1 Definitions
1.1 Unless stated otherwise, terms defined in the Terms and Conditions shall have the same meanings in these Terms of Use.
1.2 In addition, in these Terms of Use:
"Booking" means a booking made by a Member at a Participating Venue via the Dish Cult website or mobile apps;
"Dish Cult Rewards Programme" means the loyalty programme operated by ResDiary and available on the Dish Cult website and mobile apps, which provides Merchants with marketing services through the promotion of their venues to Members;
“Member” means any Diner who has registered to participate in the Dish Cult Rewards Programme and linked a valid credit or debit card;
“Merchant” means any Customer (i) holding an Account on the ResDiary Site and paying for subscriptions by direct debit or credit / debit card; and (ii) that has opted to participate in the Dish Cult Rewards Programme;
“Participating Venue” means a venue registered by a Merchant as a participating venue in the Dish Cult Rewards Programme;
"Participation Fee" means the charge payable by the Merchant to ResDiary in exchange for its participation in the Dish Cult Rewards Programme. The Participation Fee is currently a sum equal to 10% of the total value of all Relevant Reward Transactions plus VAT, and may be varied from time to time by ResDiary in accordance with clause 3.4 of these Terms of Use;
"Payment Period" means the calendar month prior to the date of an invoice issued by ResDiary to the Merchant;
"Relevant Reward Transaction" means a Reward Transaction for which ResDiary receives transaction information during the Payment Period together with any additional Reward Transactions identified in accordance with clause 3.5;
"Reward Transaction" means the total value of any transaction made by a Member using their linked credit or debit card at a Participating Venue, including VAT and any service charges and / or gratuity included in the credit or debit card transaction; and
"Reward Voucher" means a voucher automatically generated in a Member's account and redeemable against Bookings made at a Participating Venue.
2 Merchant Participation and Registration
2.1 Participation by the Merchant in the Dish Cult Rewards Programme is on an opt-in basis. Merchants can opt-in at any time by registering for the Dish Cult Rewards Programme via the ResDiary Site and providing the required registration information.
2.2 If a Merchant is part of a group of venues and wishes more than one of those venues to become a Participating Venue, the Merchant must separately register each such venue it wishes to become a Participating Venue.
Registration for the Dish Cult Rewards Programme may take up to 14 days to process and in certain cases, ResDiary may need additional information to complete its registration. Where additional information is required, a member of the ResDiary team will contact the Merchant.
3 Participation Fee
3.1 Merchants shall pay to ResDiary the Participation Fee in accordance with this clause 3.
3.2 On or after the first day of each month, ResDiary will issue the Merchant with a monthly invoice and statement (the "Monthly Statement") setting out:
3.2.1 the Participation Fee and any other fees payable by the Merchant to ResDiary in the preceding calendar month, together with any applicable VAT;
3.2.2 the total value of any Reward Vouchers redeemed during the relevant Payment Period; and
3.2.3 the sum due by the Merchant for that Payment Period (being the Participation Fee plus VAT minus the total value of Reward Vouchers redeemed).
3.3 Payment will be collected by direct debit on the date of issue of the Monthly Statement. If ResDiary is unable to collect payment then the provisions of 7.3.6 of the Terms and Conditions will apply.
3.4 ResDiary reserves the right to amend the Participation Fee by notifying the Merchant of the amended fee not less than 60 days prior to the implementation of the intended change.
3.5 There may be instances where a Member completes a transaction with the Merchant but the transaction is not tracked as a Reward Transaction (for example because the Merchant has not updated a MID or other information as required pursuant to clause 6, or due to an error or delay in transaction information being provided to ResDiary via the relevant payment card scheme). If this happens, then the Merchant may not be charged for such transaction in the relevant Payment Period. However, if ResDiary subsequently identifies such transaction as being a valid Reward Transaction then ResDiary will include that transaction in the calculation of the Participation Fee for a later month.
3.6 ResDiary may from time to time run special promotions in collaboration with Merchants. Such promotions will be subject to additional terms being entered into between ResDiary and the Merchant.
4 Redemption of Reward Vouchers
4.1 If a Member wishes to use a Reward Voucher at a Participating Venue, then the Member must make a Booking and apply the Reward Voucher to that Booking. The Merchant shall not permit any Member to redeem a Reward Voucher unless a Booking has been made.
4.2 ResDiary will include information about the Reward Voucher in the Booking information provided to the Merchant. The Merchant is responsible for manually applying any Reward Voucher to a Member's bill, which shall constitute third party consideration in respect of the sums due by the Member to the Merchant. The value of any Reward Vouchers redeemed at the Participating Venues shall be credited to the Merchant in accordance with clause 3.2.
4.3 It is the Merchant's sole responsibility to ensure that Reward Vouchers are applied to and deducted from the total (gross) bill, including VAT, service charge and / or any gratuity, applicable to the relevant Booking. The Merchant shall be solely responsible for any liability arising from incorrect VAT treatment.
4.4 Refunds to Members are at the Merchant's sole discretion. If a Member is entitled to, opts to receive, or is otherwise offered, a refund from a Merchant in relation to any Reward Transaction, the full amount of the Reward Transaction will be used for the purposes of calculating the relevant Participation Fee due.
5 Cancellations
5.1 If a Member cancels a Booking or does not visit the Participating Venue as anticipated by a Booking:
5.1.1no Participation Fee will be charged by ResDiary in respect of that Booking; and
5.1.2 accordingly, the value of any Reward Voucher intended to be applied to such Booking will not be credited by ResDiary to the Merchant.
6 Consent to monitor payment activity
6.1 For the purposes of this clause 6, the following definitions apply:
”Card Network” means a payment processor (being Visa, MasterCard, and American Express) that facilitates card payment transactions between issuing banks to provide Transaction Data to ResDiary via our third-party payment card data matching provider;
“MID” means the Merchant ID;
“Transaction” means a point of sale purchase made by a Member with a linked debit or credit card at a Participating Venue; and
“Transaction Data” means data supplied via a Card Network relating to a Transaction including the following: Merchant location, card token, date and time, and amount paid.
6.2 The Merchant shall provide to ResDiary MIDs and data to help Card Networks to identify the Merchant, such as Merchant name and branch addresses.
6.3 The Merchant consents for the Card Network to monitor Transactions made via the Merchant’s payment card terminals and to access the corresponding Transaction Data as required by ResDiary, for the sole purpose of enabling the Card Network to:
6.3.1 identify, track and record Transactions; and
6.3.2 provide the Transaction Data to ResDiary.
6.4 The Merchant shall, to the extent that it receives certain limited or aggregated data relating to Transactions (“Merchant Reporting”):
6.4.1 use any Merchant Reporting for the sole purpose of substantiating any fees, and to demonstrate the Dish Cult Rewards Programme’s performance;
6.4.2 comply with all applicable laws, including applicable data protection legislation;
6.4.3 not do anything that may damage the reputation of any of the Card Networks.
6.5 The Merchant shall update MIDs provided to ResDiary promptly after becoming aware of a change and will inform ResDiary accordingly and hereby consents to ResDiary providing our third-party payment card data matching provider with MIDs and any other data provided by the Merchant to help the Card Networks identify Merchants, such as merchant names and branch addresses.
6.6 The Merchant shall promptly update and / or correct any information it provides to ResDiary in connection with its participation in the Dish Cult Rewards Programme by contacting the ResDiary customer support team on support@resdiary.com or, when the functionality is available, by updating such information in the Merchant's dashboard.
7 Opting out of the Dish Cult Rewards Programme, termination and suspension
7.1 Merchants can choose to opt out of the Dish Cult Rewards Programme at any time by contacting the ResDiary customer support team on support@resdiary.com and giving 30 days prior written notice.
7.2 Cancellation of an Account will result in cancellation of the Merchant's participation in the Dish Cult Rewards Programme. Unless the Merchant separately opts out of the Dish Cult Rewards Programme in accordance with clause 7.1, the Merchant's participation in the Dish Cult Rewards Programme will cease on the same date as the Account.
7.3 ResDiary reserves the right to terminate operation of the Dish Cult Rewards Programme by giving to the Merchant 30 days prior notice.
7.4 During the relevant Transition Period:
7.4.1 Participation Fees accrued will continue to be payable and will be invoiced by ResDiary in accordance with the terms set out in clause 3 after expiry of the Transition Period;
7.4.2 the Merchant shall honour the redemption of Reward Vouchers on Bookings for dates within the Transition Period; and
7.4.3 no new Bookings can be made by Members at Participating Venues of the Merchant.
For the purposes of this clause 7.4, the "Transition Period" is the notice period under clauses 7.1 or 7.3 or, for the purposes of clause 7.2, the first 30 days of the Merchant's 90 day Account termination period (as set out in the Terms and Conditions).
7.5 ResDiary reserves the right to suspend or terminate a Merchant's Account (including its participation in the Dish Cult Rewards Programme), if ResDiary is unable to collect payment in accordance with clause 3.3 or ResDiary believes, in its sole discretion, that the Merchant is abusing or misusing the Dish Cult Rewards Programme or is misrepresenting any information furnished to ResDiary in connection with its participation in the Dish Cult Rewards Programme.
7.5 ResDiary reserves the right to suspend or terminate a Merchant's Account (including its participation in the Dish Cult Rewards Programme), if ResDiary is unable to collect payment in accordance with clause 3.3 or ResDiary believes, in its sole discretion, that the Merchant is abusing or misusing the Dish Cult Rewards Programme or is misrepresenting any information furnished to ResDiary in connection with its participation in the Dish Cult Rewards Programme.
8 Changes to these Terms of Use
8.1 ResDiary reserves the right to change these Terms of Use, in whole or in part, at any time without notice.