Dinner4Good terms of service

This page (together with the documents referred to on it) lets you know the terms on which you may make use of our website www.dinner4good.com whether as fundraiser/host, donor, guest, charity or other user. Please read these terms carefully before you start to use the website. By using our website, you indicate that you accept these terms and that you agree to abide by them. If you do not agree to that, you need to refrain from using our website.

Information about us

www.dinner4good.com is a website operated by Bryan Sergeant of 1 Queens Square, Bath BA1 2HA who trades under the name of Dinner4Good. The website enables Hosts to create a Dinner Page and send e-invites for dinner parties. Upon receiving an e-invite from the Host, a Donor may accept or reject the e-invite and may donate money online to the Host's chosen charity. The website also allows UK registered charities to create a charity webpage on our website which they may direct potential Hosts to in order to encourage fundraising through our website.

Host

Each Host needs to register on the website by completing an online registration form including his or her name, address and contact details.

Once the Host has registered on the website he or she will be able to create a Dinner Page, send e-invites (email invitations) directly from our site to Donors inviting them to attend a dinner party and to make a donation to a charity chosen by the Host. Once the Host has chosen a charity that cannot be changed.

The Host will own the intellectual property rights in the material in his or her Dinner Page, e-invite or material uploaded on our website but grants to us, our sub-licensees and our users a free, perpetual, non-exclusive licence to reproduce, adapt, publish, translate and distribute that material in whole or in part, subject to our duties under the Data Protection Act 1998

The Host warrants that:

The Host agrees to indemnify us in respect of all losses, costs, claims, demands and expenses we incur as a result of any breach of these terms by the Host.

Donor Obligations

The Donor will receive an e-invite generated through our website by the Host inviting them to a dinner party. When accepting the e-invite the Donor will be able, if he or she wishes, to make a donation to the Host's chosen charity, confirming whether or not they are a UK taxpayer in accordance with the requirements of the Gift Aid scheme. It is for the Donor to obtain any advice needed in relation to any accounting, tax or financial consequences of making the donation.

The Donor may only pay for the Donation by debit or credit card through a secure internet facility. Cash, cheques and other forms of payment will not be accepted. Once the payment has cleared we will send an e-mail to the Donor confirming the transaction.

Once the Donor has made a Donation he or she will not be able to cancel or change the amount donated even if the Host cancels the dinner party. The only way the Donor may be able to seek a refund is by direct contact with the Host's chosen charity.

The Donor agrees to indemnify us in respect of all losses, costs, claims, demands and expenses we incur as a result of any breach of these terms by the Donor.

Charity Obligations

Charities need to register on the website by completing an online registration form before being able to create a charity webpage. We do not guarantee that the Charity will receive any donations as a result of creating a charity webpage on our website and accept no liability should the Charity receive no donations.

The Charity will own the intellectual property rights in the material in its charity webpage or material uploaded on our website including any charity logo's or trademarks but grants to us, our sub-licensees and our users a free, perpetual, non-exclusive licence to reproduce, adapt, publish, translate and distribute that material in whole or in part, subject to our duties under the Data Protection Act 1998.

The Charity warrants that:

The Charity agrees that third parties may link to the Charity's charity webpage.

The Charity agrees to indemnify us in respect of all losses, costs, claims, demands and expenses we incur as a result of any breach of these terms by the Charity.

The Charity grants to us a free, perpetual, non-exclusive licence to reproduce any logo's or trademarks uploaded onto their Web Page in any promotional material produced by us in order to promote our website.

It is the Charity's responsibility to keep its Web Page up to date including updating it with any new trade marks, names or logos. We accept no liability for out of date information appearing on the Charity's Web Page.

Donations

We have arrangements with Everyclick Limited and the Charities Trust (a registered charity, charity registration number 327489, governed by the Charity Commission). That with Everyclick allows the Host to chose his or her preferred charity from a particular list. The Charities Trust operates the secure server through which the donations are made, collects and holds the donation and reclaims Gift Aid in respect of them and then distributes the donations and the Gift Aid taking into account the Host's choice of charity. Such distributions are made on a monthly basis.

We do not guarantee that each donation will be distributed to the Host's chosen charity and accept no liability should the Charities Trust fail to make payment to the chosen charity.

In order to reclaim Gift Aid a charity has to be registered at the Charity Commission or be exempt from registration and accordingly some not-for-profit organisations are not able to reclaim Gift Aid.

We have no responsibility for any dissatisfaction as to how the chosen charity uses money donated. Charities have the general right to use donations for their general purposes as set out in their Objects which can be viewed on the Charity Commission website (www.charity-commission.gov.uk).

In the event that a charity chosen by a Host ceases to operate or becomes de-registered before donations and Gift Aid are sent to them, the money should be distributed by the Charities Trust to charities which have similar aims and objects.

Fees

We charge a fee of 6.25% of the amount of each donation (excluding the Gift Aid which goes entirely to the chosen charity).

Everyclick and the Charities Trust also jointly charge 4.8% of each donation and 4% of the Gift Aid to cover collection, credit/debit card fees and distribution.

Accessing our website

Access to our website is permitted on a temporary basis. We reserve the right to withdraw or amend the service we provide on our website without notice (see below). We will not be liable if for any reason access to our website is unavailable at any time.

We may from time to time restrict access to some parts of our website, or our entire website, to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other information as part of our security procedures, you must treat it as confidential and not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if in our opinion you have failed to comply with these terms. You are responsible for making all arrangements necessary for you to have access to our website.

You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms and comply with them.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright law.

Notwithstanding the following UK Registered Charities may download, modify and distribute certain permitted sections of the website only for the purposes of encouraging fundraising through our website to potential Hosts.

You may print one copy and download extracts of any pages of our website for your personal reference and you may draw the attention of other persons known to you to material posted on our website.

You may not modify the paper or digital copies of any material you have printed or downloaded in any way nor use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.

You may not use any part of the materials on our website for commercial purposes without obtaining a licence to do so from us.

If you print, copy or download any part of our website in breach of these terms, your right to use our website will cease immediately and you must, on our request, return or destroy any copies of the materials you have made.

Website changes

We intend to update our website regularly and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. Any of the material on our website may be out of date at any given time and we are under no obligation to update such material.

Reliance on information

Commentary and other materials posted on our website are not intended to amount to advice on which reliance should be placed. We disclaim all liability in respect of any reliance placed on them by any user of our website or informed of any of such contents.

Other liability

The material displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law we expressly exclude:

For the avoidance of doubt, we are not responsible for the dinner party held by the Host. The Host is solely responsible for selecting the menu, buying the ingredients, preparing the meal, the quality of the food and drink supplied and for any disappointment suffered by Donors.

These provisions do not affect any liability which cannot be excluded or limited at law.

Information about you

We process information about you in accordance with our Privacy Policy. By using our website, you consent to such processing and you warrant that all data provided by you is accurate.

Uploading material to our website

Whenever you make use of a feature that allows you to create a Dinner Page, a charity charity webpage, send an e-invite, upload material to our website or make contact with other users of our website, you must comply with the content standards set out in our acceptable use terms below.

Any material you include in your Dinner Page, a charity webpage, e-invite or upload to our website will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our website constitutes a violation of its intellectual property rights or of its right to privacy - but we will use this right with care.

We will not be responsible for the content or accuracy of any materials included in a Dinner Page, charity webpage, an e-invite posted by a Host or for any material uploaded on our website by any user.

We have the right to monitor, modify or remove any material or posting you make on our website or include in your Dinner Page, in a charity webpage, e-invite if in our opinion such material does not comply with the content standards set out in our acceptable use terms.

Viruses, hacking and other offences

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.

By breaching such terms you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and will co-operate with them by disclosing your identity to them. In the event of such breach, your right to use our website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful action or material which may infect your computer equipment, computer programs, data or other proprietary material by reason of your use of our website or to your downloading of any material posted on it, or on any website linked to it, or to you creating a Dinner Page, a charity webpage or sending or receiving an e-invite.

Linking to our website

You may link to our Home Page or any of the specific charity webpages, provided you do so in a way which is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You may not establish a link from any website that is not owned by you.

Our website must not be framed on any other website, nor may you create a link to any part of our website other than the Home Page or a charity webpage. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use terms.

If you wish to make any use of material on our website other than as set out above, please contact us

Links from our website

Where our website contains links to other websites and resources provided by third parties, those links are provided for your information only. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage which may arise from your use of them.

Acceptable Use

You may use our website only for lawful purposes.  You may not use our website:

You also agree:

Any material you upload to our website or include in your Dinner Page or charity webpage and/or e-invite must:

and must not:

We will determine, in our discretion, whether there has been a breach of acceptable use terms through your use of our website. If that has occurred, we may take such action as we deem appropriate.

We exclude liability for actions taken in response to breaches of our acceptable use terms. The responses described above are not limited and we may take any other action we reasonably deem appropriate.

You must notify us as soon as you become aware of any breach of acceptable use terms.

Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our website although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country.

These terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.

Variations

We may revise these terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of these terms may also be superseded by terms, provisions or notices published elsewhere on our website.

Your concerns

If you have any concerns about material which appears on our website, please contact dinner4good.com.

Phew, sorry about all of that, it is all the legal stuff that is actually really important and is there to protect you as well as us. Thank you for visiting our website.

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