Last updated: 01 Dec 2022
DerNham.app and its subsidiaries (together "DerNham") provide an online platform with technology for Guests, Members and Vendors to meet online, enter contests, write reviews, search, compare and book restaurant. Restaurants are booked directly from the respective independent restaurant vendor offering the Restaurant (each an “Vendor”). The “Guests” are interested in booking a Restaurant. The “Members” are persons who completed DerNham's account registration process. Guests and Members are jointly referred to as “you”.
The “Services” comprise listings for Restaurants independently created by Vendors in their own discretion and responsibility (each a “Listing”) as well as Content (as defined below) which are accessible at www.dernham.app including its subpages (collectively, the "Site") and any related applications (the "Application"). DerNham is solely acting as a commercial agent for the Vendors.
DerNham is not an vendor of Restaurants, nor is it a provider of Restaurants, nor a representative or proxy of an Vendor nor an insurer. DerNham does not own, sell, resell, furnish, provide, manage or control any delivery, restaurant or guest services and does not act as an agent to the Guests. DerNham's responsibilities are limited to exclusively facilitating the availability of the Services and serving as the commercial agent of each Vendor. DerNham has no control over the conduct of Vendors, Guests, MEMBERS and other users of the Services.
DERNHAM CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY RESTAURANTS. DERNHAM IS NEITHER RESPONSIBLE NOR LIABLE FOR TO ANY LISTINGS AND RESTAURANT. BOOKINGS WITH THE VENDORS ARE MADE AT THE GUEST'S OWN RISK.
These terms and conditions ("Terms"), as amended from time to time, apply to all DerNham services. By accessing, browsing or using the Site, Application and Services through whatever platform, you agree to comply with and be legally bound by these terms Irrespective of a registration or certain use or way of access. These Terms govern your access to and use of the Site, Application and Services and all Content (as defined below) DerNham and, where applicable, the Vendors.
Please carefully read these Terms and also the Privacy Policy and the Legal Notice, each of which is incorporated by reference into these Terms. If you do not fully agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application and Services. If you act on behalf of a company or other legal entity, you guarantee that you have the authority to act on behalf and to bind that company or other legal entity to these Terms.
If you are using this Website and/or making guest reservations or bookings for another person you agree to inform that person(s) about the Terms & Conditions that apply to the guest reservations and bookings you have made on their behalf, including all rules and restrictions applicable thereto and these Terms of Use. You agree to be financially responsible for all of your use of the Website and the Application (as well as for use of your account by others). You are responsible for any bookings and guest reservations made by persons under your direction or control.
You also warrant that all information supplied by you or on your behalf, or by members of your household in using the Website and the Application is true, current, complete, and accurate. Furthermore, you also confirm that the Guests is not an unaccompanied minor. Without limitation, any exploratory, speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited.
The Services are intended for all persons including to who are aged under 18 years able to access or use the Services.
DerNham's Privacy Policy applies. Please see them for information and notices concerning DerNham's collection and use of your personal information.
In order for you to use the DerNham, you must sign up for a member account on the DerNham Platform, or via a social media account (e.g., Facebook, Line or Google+), to log in and become our member (“DerNham's Account”).
When registering a DerNham's Account, we may ask you to provide your e-mail and set a password, and after the registration, we may ask you to fill out membership information. You must confirm that all the information you submit to DerNham's Platform is true, accurate and complete, and you will update it from time to time to maintain the latest information.
If you provide false information, we reserve the right to remove your DerNham's Account without prior notice to you. You may not use the DerNham Services with any other person's DerNham's Account or social media account.
Your DerNham's Account is personal to you, and you shall not share your account information with, or allow access to your account by, any third party. You will be responsible for all activities generated under your DerNham's Account, and if you find any security concern with your DerNham's Account, please notify us immediately. You are responsible for maintaining the confidentiality of your password and if you have any reason to believe that your DerNham's Account has been compromised or your DerNham's Account has been accessed by a third party, please notify us immediately.
You will be solely responsible for the losses or damages suffered by DerNham and any other persons due to any illegal use of your account. When you sign up or make a booking you consent to receive our marketing communication. Your consent to receive our marketing communication covers all our brands and websites including, but not limited to DerNham.
The respective Vendor only, and not DerNham, is solely responsible to the respective Guests for honoring any confirmed bookings and making available any Restaurants reserved through the Services. The Vendor is also responsible to provide all information legally required to the Guests. If you, as a Guests, choose to enter into a transaction with an Vendor for the booking of a Restaurant, you agree and understand that you will be required to enter into an agreement (including releases) with the Vendor only and you agree to accept any terms, conditions, rules and restrictions associated with such Restaurant imposed by the Vendor and will receive necessary information from the Vendor only.
You acknowledge and agree that DerNham is no party to the agreement but only acts as the commercial agent to the Vendor and DerNham accepts no liability arising from or related to any of your agreements with the Vendor unless DerNham is legally obliged to do so or to fulfill certain information and security obligations towards the Guests.
The Vendors are requested to either confirm or reject a booking within the specified timeframe (which is generally maximum 15 minutes of when the booking is requested, as determined by DerNham in its sole discretion) or the requested booking will be automatically cancelled.
Once your confirmed booking transaction is complete (including payment) you will receive a confirmation email summarizing your confirmed booking. The name and contact information of the vendor will be available on the DerNham booking voucher.
You agree to pay for the “Total Cost” (including the price of the restaurant and, where applicable, taxes, levies and duties) for any booking requested, in accordance with the pricing terms set forth in the applicable booking page, if such requested bookings are confirmed by the applicable Vendor. The availability and price of a Restaurant can change any time until you have received a booking confirmation.
In case only the deposit is payable at the time of booking or booking confirmation, the balance of payment (i.e., the Total Cost minus the deposit) is due and will be payable as stated in the Vendor's terms according to the booking page.
You agree to pay for the booking's invoice to the Vendor by direct payment method or via DerNham's payment method (through third party payment processors) as payment's partners described on the checkout page.
You agree to submit the payment slip to DerNham via Payment function in your DerNham's account to verify your booking success and claim any benefit of reward or guest credit to your DerNham's account.
DerNham in its own discretion collects (through third party payment processors) the Total Cost (as one payment or deposit plus balance payments) for and on behalf of the Vendors as its commercial agent. You hereby authorize the collection of such amounts by charging the credit/debit card provided as part of requesting the booking, or by one of the other payment methods as described on the Site or Application.
You agree to pay for the booking's invoice to the Vendor by direct payment method or via DerNham' payment method (through third party payment processors) as payment's partners described on the checkout page.
You agree to submit the payment slip to DerNham via Payment function in your DerNham's account to verify your booking success and claim any benefit of reward or guest credit to your DerNham's account. DerNham in its own discretion collects (through third party payment processors) the Total Cost (as one payment or deposit plus balance payments) for and on behalf of the Vendors as its commercial agent.
You hereby authorize the collection of such amounts by charging the credit/debit card provided as part of requesting the booking, or by one of the other payment methods as described on the Site or Application.
- If the applicable Vendor does not confirm the requested booking, or, as a Guests, you cancel your requested booking before the requested booking is confirmed by an Vendor, any amounts collected by DerNham or its third-party payment processor will be refunded to the Guests within a commercially reasonable time, depending on the selections the Guests made via the Site and Application, and any pre-authorization of such Guests's credit/debit card will be released.
Once your booking is confirmed by the applicable Vendor, the Total Cost of your Restaurant is subject to the cancellation and payment terms of the Vendor. Please carefully read the fine print and important information in the Listing, the booking page and your reservation confirmation for policies as applied by the Vendor. A cancellation must be done via your booking conversation page.
- If you are advised that your booking is on an 'on request' basis (which is typically the case for restaurants booked shortly prior to departure), the Total Cost of your Restaurant is subject to the cancellation and payment terms of the Vendor from the moment when you have submitted the booking request. When a restaurant is 'on request' the Vendor needs several business days to ensure that all of the components of the restaurant package can be confirmed for you. This process may not be interrupted by a request to cancel. So, if the request comes back approved you will be charged for the full amount, and if, as a Guests, you cancel such a booking, this does not entitle you to any refund. If the Vendor cannot confirm your request, you will receive a full refund.
If an Vendor cancels a confirmed booking made via the Services, a refund of the paid amount for such booking will be made to the applicable Guests within a commercially reasonable time of the cancellation by the Vendor and the Guests may receive an email or other communication from DerNham containing non-binding suggestions for alternative Listings and other related information.
If you do not wish to accept the change, wherever possible the relevant service Vendors may offer you an alternative arrangement with an alteration in price or otherwise the booking will be cancelled subject to the cancellation policies mentioned on our website and the application.
If an Vendor cancelled a confirmed booking and you, as a Guests, have not received an email or other communication from DerNham, please contact DerNham at info@dernham.app.
Please note that it will not be possible to make any changes to a booking once confirmed unless the original booking is cancelled and a new booking made. Cancellation charges will apply.
Prices applying to all new bookings made following a cancellation will be those prices applicable on the day the new booking is made.
DerNham on behalf of its service providers reserves the right to cancel, change or substitute any service and to decline to accept or retain any restaurant members at any time for any reason including, without limitation, an insufficient number of participants.
Please check your booking details carefully to ensure that any other independent items and/or guest arrangements coincide with the dates you have booked with us as we will not be liable for any costs incurred as a result of any mistakes by you.
Please inform us at time of booking of any special requests for any service or facility that is not included as part of your booking. We will enquire with the relevant service provider and where possible will try to accommodate your request, but please note such requests cannot be guaranteed.
We and our Vendors regularly review all details about the guest product offered to ensure accuracy. Please note all duration times given are approximate.
You are bound by the booking conditions of the relevant service provider and conditions of carriage where relevant and these conditions apply to your contract with us. In the event of any conflict between the conditions of the relevant service provider and our own, the relevant service provider's conditions will prevail provided they are valid and enforceable, otherwise our conditions will prevail. The relevant service provider's conditions may limit or exclude their and our liability to you and they may be subject to international conventions. Copies of the relevant parts of these terms and conditions are available on request from DerNham or the relevant service provider.
DerNham will provide an electronic voucher (“E-Voucher”) in accordance with each service you have purchased. Please note that each product has a separate voucher and hence there could potentially be multiple vouchers for your booking. It is your responsibility to use your E-Voucher, you must print out your E-Voucher or present the E-Voucher on your mobile application to the relevant service providers.
You acknowledge and agree that you must comply with the additional conditions and restrictions of E-Vouchers set by DerNham and the Supplier, including but not limited to: you must show up in person and on time at the meeting point designated by DerNham or the Vendor within the period of use specified on the E-Voucher, and present documents or materials requested by DerNham or the Vendor (e.g., an identification document with your photo, the number of your order/booking, your E-Voucher). If you are unable to meet the conditions and restrictions set by DerNham or the Vendor, you may not be able to redeem the content of the service recognized by the E-Voucher and no refund will be granted.
Please note you are responsible for your and your party's actions. If we or our suppliers believe your actions or those of your party could cause danger, upset or annoyance to other customers, guests or staff, we or our vendors may end your booked arrangements immediately. In this event neither DerNham nor the relevant service provider(s) will pay compensation, make refunds nor pay any expenses you suffer as a result.
You are responsible for your personal safety and for the safety of the accompanying people dependent on you. You agree to defend and indemnify DerNham, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by: you or on your behalf in excess of the liability described above; or by third parties as a result of your breach of this agreement or the documents referenced herein; your violation of any law or the rights of a third party; or your use of this website or the application.
No compensation of any kind or responsibility can be taken if, due to circumstances beyond the control of us or the relevant service providers, we have to notify a change to your arrangements or we or the relevant service providers cannot supply your arrangements in full or in part as agreed, or you suffer any loss or damage of any description. A circumstance beyond our or the relevant service providers’ control is one that cannot be foreseen or avoided, even after taking all due care and includes but is not limited to war, terrorist activity, civil unrest, industrial disputes and bad weather situations or forecasts.
If applicable, DerNham's referral Benefits program allows you as a Guests to earn DerNham guest credits for friends who are not currently DerNham members and who have never booked a restaurant with DerNham (the “New User”) you refer that make a qualified booking with DerNham. Members of DerNham's affiliate program may not simultaneously collect guest credits via your invite link.
To accumulate and redeem guest credits you must maintain a DerNham account in good standing. To earn guest credits, refer New Users by sending them your personal invite link, available in your member's area on the Site or the application. You may also share your unique invite link via email and social media to friends and family.
You may not share your personal link on public forums or coupon sites. If you do this, it is a violation of this Agreement and DerNham may terminate your account. You will then forfeit all credits in your account. DerNham reserves the right to cancel, revoke, or otherwise prevent the issuance of guest credits in any suspected case of fraudulence or misuse of this program and does not need to provide any details or explanation.
If the New User clicks your unique invite link (or enters your invite code) for register DerNham's account and books first booking directly with DerNham using your indicated discount (unless otherwise stated 1 %), DerNham will deposit the indicated amount (unless otherwise stated 1 %) of your friend's restaurant value on the day your friend books the restaurant, to your DerNham Account.
If the New User clicks your unique invite link (or enters your invite code) for registering DerNham's account only, to have DerNham's Account, DerNham will deposit the indicated amount (USD 3) credit, to your DerNham Account. You must be signed in to your DerNham account to use your guest credits. These credits can be used to book any restaurant through DerNham. Guest credits are non-refundable. Upon cancellation of a restaurant by the Guests, any credits used for the booking will not be refunded.
DerNham reserves the right at any time to modify or discontinue the Friends with Benefits program either temporarily or permanently (or any part thereof) with or without notice. DerNham will not be liable to you in the event of any modification, suspension or discontinuance of this program. Guest credits are not redeemable for cash or equivalents. DerNham's promo codes and guest credits cannot be applied on existing confirmed bookings.
Should you choose to cancel your DerNham membership, any guest credits you have at the time will not be refundable.
DerNham may in its sole discretion offer promo codes from time to time and unless otherwise stated they have an expiry period of 30 days from implementation of the offer. Promo codes can only be used for bookings for restaurants and on the same basis as outlined above for the Referral Benefits program. Only one promo code can be redeemed per booking and they may not be combined with guest credits.
All materials and content on the Website and application, including, but not limited to, images, illustrations, text, audio clips, and video clips, are protected by or consist of copyrights, trademarks, service marks, and/or other intellectual property rights ("Intellectual Property"). The Intellectual Property is governed and protected by Cambodia and worldwide copyright, trademark, and/or other intellectual property laws and treaty provisions, privacy and publicity laws, and communications regulations and statutes. The Intellectual Property is owned or controlled by us or other parties that have licensed to us the right to use their Intellectual Property or the right to market their products and/or services (collectively the "IP Providers").
The Intellectual Property is provided solely for your personal, non-commercial use. You agree to abide by all additional copyright notices, information, or restrictions contained in any material or content on the Site or the application. You may download any Intellectual Property solely for your personal, non-commercial use, consistent with these Terms, provided that you maintain all copyright and other notices contained in such Intellectual Property. You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit any Intellectual Property in any way (including by e-mail or other electronic means) without our prior written consent or that of the IP Providers. Modification of any Intellectual Property or use of any Intellectual Property for any other purpose is a violation of the copyrights, trademark rights, and other proprietary rights. The use of any Intellectual Property on any other site or networked computer environment, or maintaining unauthorized links to the Site, is prohibited by these Terms.
The Terms of Use for DerNham Customer Reviews and Comments regulate the user behavior related to customer evaluation and review services provided by vendor listed on DerNham Platform.
In the event of a conflict between DerNham's privacy policy and the Terms of Use, the Terms of Use shall prevail. You further agree and warrant that you should not submit any Contents which: Is false, inaccurate or misleading; Infringes any copyright, patent, trademark, trade secret or other proprietary right, right of publication or confidentiality of any third party; Violates any laws, decrees, instructions or regulations (including but not limited to jurisdiction over export controls, consumer protection, unfair competition, crackdown on discrimination or false advertising, etc.); Might cause and defamation, slander, hatred, racial or religious discrimination, offensive speech, unlawful threat or unlawful harassment against any individual, partnership or company; Relates to any third-party compensation or any other compensation; Contains any information referring to other websites, addresses, email addresses, contact information or phone numbers; Contains any computer virus or other potentially harmful computer program or file. Please be aware that if you upload illegal content you could be subject to a fine.
You agree to indemnify and to hold harmless DerNham (and its officials, directors, agents, subsidiaries, joint ventures, employees, and third-party service providers) from and against any and all claims, damages, losses, liabilities and expenses, including reasonable attorneys' fees, arising out of , involving, or in connection with, any breach of the Terms of Use or any laws by you. You grant DerNham a permanent, irrevocable, royalty-free, transferable right and license to use the Contents worldwide which shall include but not limit to copy, modify, completely delete, adapt, publish, translate, create derivative works from, sell, distribute and / or incorporate the Contents into any form, media, or technology. You further agree and warrant that by submitting any information or contents to DerNham, you represent and warrant that: You are the sole producer and owner of the intellectual property right to the Contents; You have voluntarily waive all “moral rights” you may have in the Contents; The Contents shall be legal and accurate.
The Contents may be used by DerNham at DerNham's sole discretion. DerNham reserves the right to change, reduce or remove the Contents if DerNham determines in its sole discretion that any of the Contents on DerNham's website violates the content guidelines or any other provision of these Terms of Use. In addition, you might not be able to edit or remove the Contents through DerNham. The Contents are usually posted within two to four business days after you submit. However, DerNham reserves the right to remove or refuse to post the Contents for any reason without prior notice. You are duly and solely responsible for the Contents.
DerNham, its agents, subsidiaries, affiliates, partnerships, or third-party service providers, and their respective directors, officers, and employees have no obligation to keep the Contents confidential. By submitting your email address with your Contents, you agree that DerNham and its third-party service providers are entitled to use your email address to communicate with you regarding the status of your Contents or for any other administrative purposes.
If you believe that materials hosted by us infringes your copyright, please submit (or have your agent submit) to us a notice including all of the information requested below. If you fail to provide all of the requested information, we will not process your notice. You may wish to seek legal counsel prior to submitting a copyright infringement notice. You could be held liable for alleging false claims of copyright infringement.
If you choose to use the Services, you do so at your sole risk. DerNham does not have an obligation to conduct checks on any Guests, Vendors, Members or other users of the Services or third parties and does not make any attempt to verify Listings or Content. The Services (including the Site and Application), Listings and Content are provided "as is", without warranty of any kind. In particular, DerNham makes no warranty regarding the quality of any Listings, Restaurants, the Services or Content or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Services or advice or information, whether oral or written, obtained from DerNham.
Without limiting the foregoing, DerNham is not responsible and disclaims any liability for the use, validity, quality, suitability, fitness and due disclosure of the Listings and the Restaurants and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose or be available on an uninterrupted, secure, or error-free basis.
Our website and application contains links to websites owned and operated by third parties. If you use these links you will be left from our website or the application. These links are provided for your information and convenience only and are not an endorsement by DerNham of the content of such linked websites or third-party services. DerNham has no control of the content of any linked website and is not responsible for these websites or their content or availability.
DerNham makes no warranties or representations, express or implied about such linked websites, the third parties they are owned and operated by, the information contained on them or the suitability of quality of their products or services. If you decide to access any third-party websites and make use of the information contained on them and/or enter into any contract for the supply of goods or services from such third party and/or make any donations to such third party, you do so entirely at your own risk.
DerNham accepts no liability for damage or loss, however caused in the connection with the use of or reliance on any information, material, products or services contained on or accessed through any such linked website.
Fortunately, complaints are few and far between. However, should you have a complaint, please contact DerNham's customer service at (e-mail and phone) within 60 days of return from your restaurant. However, consumer agrees that complaints not received within 60 days from the return date of your restaurant will be barred.