myDinova Rewards Terms & Conditions

1. The myDinova Program: The myDinova program (“myDinova”) is a rewards program available to employees of companies (each a “Network Corporation”) who participate in the Dinova, (“Dinova, Inc.”,”Dinova”) proprietary group purchasing program. Eligible employees (as defined in Section 2) may register to become a participant (“Member”) in myDinova to earn points for purchases made at Eligible Restaurants (as defined in Section 4) using the Member’s registered corporate credit card. Members may redeem accumulated points for restaurant gift cards through the myDinova website.
   
2. Eligibility: A person is eligible to participate in myDinova provided that: (i) the individual is classified as an “employee” by the individual’s employer; (ii) the individual’s employer is a Network Corporation; (iii) the individual holds and is authorized to hold a corporate credit card by said Network Corporation employer; (iv) has registered to become a Member of myDinova; (v) the individual is an individual person and at least age 18 or older, (vi) the individual is a legal resident of the United States or Canada; and (vii) the individual’s Network Corporation employer and applicable card issuer have authorized Dinova to obtain information regarding the Member’s transactions.
   
3. Creation of Accounts: An eligible individual may join myDinova by creating an account on the myDinova website, www.mydinova.com. In creating an account, the Member may have to enter certain personal information; by doing so, the Member expressly agrees that Dinova may collect, disclose, store and otherwise use the Member’s information in accordance with the terms of the Dinova privacy policy, available by clicking “Privacy Policy” on the footer of my.dinova.com. Membership in and registration for membership in myDinova is void if prohibited by law in Member’s state of domicile.
   
   By registering for myDinova, Member represents and warrants that (i) all information Member submits to Dinova is true, accurate and complete, (ii) Member has the authority to provide such information and (iii) Member is authorized by its Network Corporation employer to use the corporate credit card(s) that the Member has registered in Member’s myDinova account. It is Member’s responsibility to keep its account and profile information secure, accurate and updated, including all necessary corporate credit card information. Dinova is not responsible for any dispute or claims related to any inaccurate, incomplete or untimely information provided by Member to Dinova or breach of Member’s myDinova account security if breached by Member or a third party.
   
4. Eligible Locations: Member may earn points by dining at Eligible Restaurants and using a corporate credit card registered under the Member’s myDinova account. “Eligible Restaurant” is defined as a restaurant that is participating in the Dinova program at the time the applicable transaction takes place. Points cannot be earned from restaurants that have terminated their participation in the Dinova program. A full list of Eligible Restaurants can be found on the website, https://search.dinova.com/. Dinova reserves the right to add or remove Eligible Restaurants at any time, without notice.
   
5. Earning Program Points: Member will receive 1 point for every dollar spent at an Eligible Restaurant using Member’s registered corporate credit card. Occasionally, Dinova may choose, in its sole discretion, to offer certain promotions to reward Members for specific actions or dining at specific restaurant locations. If Member takes advantage of such offer, Member will automatically receive the points offered with that promotion.
   When Member redeems points for restaurant gift card(s), the points used in such redemption will be deducted from Member’s account balance. Redemption is final and non-refundable and cannot be reversed or modified.
   
6. Point Restrictions: Points are non-transferrable between Members; provided, however, that Member may transfer their own points between accounts in the event that Member is no longer employed with its former Network Corporation and is employed by a different Network Corporation. Dinova will not award points for transactions taking place before an individual becomes a Member of myDinova. Members may not maintain more than one account or combine points with other Members for any reason, specifically including for the purpose of claiming rewards.
   Any unused points are forfeited (i) 30 days after the cancellation or termination of the corporate credit card registered under Member’s account, (ii) 30 days after Member’s employer is no longer a Network Corporation, (iii) 30 days after the termination or resignation by Member from the Network Corporation employer, (iv) if Member’s account has no points earning dining transaction in 18 continuous months, or (v) 30 days after the termination or cancellation of myDinova.
   
7. Review of Account: Member is responsible for monitoring the Dinova website, www.mydinova.com/, and Member’s myDinova account periodically for the most recent Terms and Conditions and points policies. Member may view its myDinova account, and current account balance by going to the Dinova website, my.dinova.com, and entering the necessary login and password information and clicking on the myActivity tab. Members who have questions about their account may contact Dinova at the Help page or by emailing support@mydinova.com.
   
8. Program Changes: Dinova reserves the right, in its sole discretion, to modify, change, cancel or suspend any and all parts of myDinova, including but not limited to, collection of points, methods to earn points, the number of points necessary to redeem certain rewards, rewards and redemption policies, at any time without notice to Members, other than changing the “Last Updated” date set forth at the top of this Agreement. Member’s continued use of myDinova following the posting of the amendments to or replacement of this Agreement shall constitute Member’s acceptance of the amended or replaced Agreement.
   
9. Points Redemption: When Member has the requisite number of points, Member may redeem points for restaurant gift card(s) in Member’s myDinova account. Electronic gift cards will be delivered to Member at Member’s email address provided in Member’s myDinova account or to an email address provided by Member at time of redemption within 72 hours of redemption.
   
10. Cash Value: Points have no cash value and may only be redeemed for restaurant gift card(s) through myDinova.
    
11. Gift Card Restrictions: Restaurant gift cards may be subject to merchant terms and conditions at the time of redemption and use. Accordingly, Dinova makes no representations or warranties that restaurant gift cards will be fully redeemable at time of use. For full terms and conditions for each restaurant gift card, please visit the applicable restaurant’s website.
    Rewards may be taxable depending upon applicable federal, state and local tax laws. Member is solely responsible for reporting such items and for any associated tax liability.
    
12. Lost or Stolen Cards: Dinova is not responsible for and will not replace lost or stolen restaurant gift cards. Dinova is not responsible for any physical gift cards which are lost, stolen or otherwise not delivered once the physical gift card has been delivered to the applicable courier.
    
13. Termination: Dinova reserves the right to terminate Member’s myDinova account and participation in myDinova at any time without prior notice. Dinova may also terminate Member’s myDinova account if Member’s myDinova account is inactive (no points earning dining transactions) for 18 continuous months. Member may terminate Member’s myDinova account and participation in the myDinova program at any time by contacting support@myDinova.com.
    
14. Indemnification: Member agrees to defend, indemnify and hold Dinova, its affiliates, employees, agents, representatives, licensors or other third party partners (“Dinova Parties”) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or relating to Member’s (i) violation of these Terms and Conditions; (ii) any content or material submitted by Member; (iii) violation of any rights of another or any applicable law, rule or regulation; (iv) unauthorized use of any payment card in connection with this Agreement; or (v) use of myDinova. Dinova reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by Member.
    
15. Disclaimer of Warranties: MEMBER’S USE OF MYDINOVA IS AT MEMBER’S SOLE RISK. MYDINOVA IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. DINOVA DOES NOT WARRANT THAT MYDINOVA WILL BE AVAILABLE, WILL MEET MEMBER’S REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. DINOVA DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF MYDINOVA, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.
    
16. Limitation of Liability: UNDER NO CIRCUMSTANCES WILL THE DINOVA PARTIES BE LIABLE TO MEMBER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE MYDINOVA, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE OR INABILITY TO USE MYDINOVA, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. MEMBER’S SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR MEMBER TO DISCONTINUE YOUR USE OF MYDINOVA.
    A DINOVA PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE SUM OF ONE HUNDRED (100) US DOLLARS.
    
17. Governing Law: This Agreement shall be governed by, and construed in accordance with, the laws of the state of Georgia, without reference to its choice of law rules. Exclusive venue for any action arising out of or in connection with this Agreement shall be in Atlanta, Georgia. The Member hereby consents to jurisdiction and venue in Atlanta, Georgia and waives any objections to such jurisdiction and venue. Notwithstanding the foregoing, the Member agrees that Dinova shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction. Subject to any applicable law to the contrary, the Member agrees that any cause of action arising out of or related to this Agreement must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred.
    
18. Miscellaneous: If any portion of this Agreement is found to be unenforceable or invalid for any reason, that provision shall be limited or eliminated to the minimum extent necessary so that the remainder of this Agreement remains in full force and effect. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of this Agreement, will survive the termination of this Agreement and the Member’s myDinova account. All headings included in this Agreement are included for convenience only, and shall not be considered in interpreting this Agreement.

Last updated August 2018