February 2017, Version 1
Dinner Circle LTD (hereafter referred to as “Dinner Circle” ", "we", "us", or "our") welcome you to our international online platform for communal dining experiences available at https://www.joindinnercircle.com. This website, together with our mobile application equivalent (“Application”) and any and all services and content we make available through these means are collectively referred to as the “Site”. The Site offers an online community that connects hosts and guests for the purpose of arranging directly with one another to have dinner parties together around the world. The Site is designed to enable users to offer their hosting skills, food and home facilities as hosts (“Host(s)”) and allowing other users to attend and participate in food events as guests (“Guest(s)”). All users of our Site, whether Hosts or Guests (collectively “User(s)” or “you”), are invited to use and enjoy our Site in accordance with these terms and conditions hereunder.
This page tells you the terms on which you may use our Site, whether as registered user or guest. Please read carefully before use as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, and obligations to comply with applicable laws and regulations.
Hosts may create listings for events and Guests may learn about and book dinner parties through the Site. Dinner Circle takes measures to provide you with the best experience you can have; However, you understand and agree that Dinner Circle is not a party to any agreements or arrangements entered into between Hosts and Guests, nor is Dinner Circle a booking agent, insurer or food vendor. Dinner Circle has no control over the conduct of Hosts, Guests and other Users and disclaims all liability in this regard to the maximum extent permitted by law. Hosts and Guests are recommended to carefully and thoroughly examine and check with their respective Guests and Hosts all necessary details related to their dinner party and reservation prior to any engagement being made. Participating in dinner parties or other user's activities as a result, directly or indirectly, from using the Site, is entirely at your own risk.
User has the sole and ultimate responsibility regarding compliance with all laws, regulations (including without limitation applicable food regulations), religious duties (if and as promised by Host) or any other duty relating to the Dinner Party. We do not accept any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with your use of the Site or your participation in any dinner party conducted by a User or a third party. It is the responsibility of the Host to assure that a dinner party is conducted in compliance with all applicable laws, rules and regulations.
The Site may only be used by individuals who are 18 year of age or older. Any registration by, use of or access to the Site by anyone under the age of 18 is unauthorised and is in breach of these Terms. By accessing or using the Site, you represent and warrant that you are at least 18 years old.
2.Who We Are
www.JoinDinnerCircle.com is operated by Dinner Circle LTD, a UK Limited company registered in England under company number 10244050.
Some important details about us:
Our registered office is at: Dinner Circle LTD, Apt 3926, Chynoweth House, Trevissome Park, Turo, TR4 8UN
3.How the Site Works
The Site can be used to facilitate the listing and booking of dinner parties organized by our Hosts. Dinner Circle is designed so that unregistered visitors can search for and review dinner parties on the Site; however, if you wish to book a dinner party or create an event, you must first register to create a Dinner Circle account (defined below).
Dinner Circle is not an owner or operator of events or restaurants, nor is it a provider of food, and Dinner Circle does not own, sell, resell, provide, purchase and/ or manage the provision of food or events. Hosts are entirely free to define their own individual conditions for their Dinner Circle Invitations, provided they comply with any applicable laws and regulations. Hosts and Guests are entirely free to accept or decline Dinner Circle Invitations made to them. Dinner Circle’s responsibilities are limited solely to facilitating the availability of the Site.
Dinner Circle cannot and does not control the premises of any Dinner Party or the content of any meals and the condition, legality or suitability of any such premises or meals. Dinner Circle is not responsible for and disclaims any and all liability related to any loss, injury, damage or disappointment suffered arising directly or indirectly as a result of any bookings made on our Site. Any bookings will be made entirely at the User’s own risk.
4.Use of the Site
You have permission for temporary use of the Site, but we can withdraw or change our service at any time without telling you, for any reason and without being legally responsible to you.
Only use the Site as allowed by law and these Terms. If you don't, we may suspend your usage, or stop it completely.
We frequently update the Site and make changes to it, but we don't have to do this, and material on the Site may be out-of-date. No material on the Site is intended to contain advice, and you shouldn't rely on it. We exclude all legal responsibility and costs for reliance placed on the Site by anyone.
You agree that Dinner Circle shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the content included therein.
In order to access certain features of the Site, and to book or create a dinner party event, you must register to create an account ("Dinner Circle Account"), upon the successful completion of which you will become a member (“Member”). The registration is free of charge and will require you to provide certain information about yourself. You may register to join the Services directly via this website or the Application or as otherwise described in this section.
You can also register to join by logging into your Dinner Circle Account via certain third party social networking sites ("SNS") (including, but not limited to, Facebook and google plus); each such account, a "Third Party Account". As part of the functionality of the Site, you may link your Dinner Circle Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Dinner Circle through the Site; or (ii) allowing Dinner Circle to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Dinner Circle and/or grant Dinner Circle access to your Third Party Account (including, but not limited to, for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Dinner Circle to pay any fees or making Dinner Circle subject to any usage limitations imposed by such third party service providers. By granting Dinner Circle access to any Third Party Accounts, you understand that Dinner Circle will access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account ("SNS Content") so that it is available on and through the Site via your Dinner Circle Account and profile page. Unless otherwise specified in these Terms, all SNS Content, if any, shall be considered to be content submitted by Members (“Member Content”). Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Dinner Circle Account on the Site. Please note that if a Third Party Account or associated service becomes unavailable or Dinner Circle’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site. Dinner Circle makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Dinner Circle is not responsible for any SNS Content.
Please note that your relationship with the Third Party service providers associated with your Third Party accounts is governed solely by your agreement(s) with such third party service providers.
Your Dinner Circle Account and Profile page will be created for your use of the Site based upon the personal information you provide to us or that we obtain via an SNS as described above. If you allow anyone else to use our Site, you must make sure that they read these Terms first, and that they follow them. However, you will not create a Dinner Circle Account for anyone other than yourself, and you agree you will not sell, transfer, license or assign your account, username, or any account rights. You agree that you will not solicit, collect or use the login credentials of other users. You may not have more than one (1) active Dinner Circle Account. You agree to provide accurate, truthful, current and complete information during the registration process and to update such information to keep it accurate, truthful, current and complete. Dinner Circle reserves the right to temporarily or permanently suspend or terminate your Dinner Circle Account and your access to the Site if you create more than one (1) Dinner Circle Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, truthful or complete, or if you otherwise use the Site in such a way that does not comply with these Terms or the law.
You agree that you will treat all identification cades, passwords and other security information as confidential, you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Dinner Circle Account, whether or not you have authorised such activities or actions. You will immediately notify Dinner Circle of any unauthorised use of your Dinner Circle Account. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes). You must not create accounts with the Site through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
You may cancel your Dinner Circle Account by e-mailing a request to Info@joindinnercircle.com. Your Dinner Circle Account will terminate within reasonable time following your request, and from that date of termination (or any termination by us) you will no longer be able to access your Dinner Circle Account. Cancelling your account may cause the loss of certain information you provided us with and any information or content you posted to the Site via your Account but those materials and data may persist and appear within the Site. We do not accept any liability for such loss.
6.No Checks or Endorsement
Dinner Circle does not supervise dinner parties or pre-screen Members and makes no attempt to confirm, and does not confirm, Users’ identity. Dinner Circle does not investigate any User’s reputation, conduct, morality, criminal background or verify the information that any user submits to the Site. We do not endorse any Members, whether as Guests or Hosts, or any events listed on the Site or any meals or Member Content. You are responsible for determining the identity and suitability of others whom you may contact or who may contact you by means of the Site. You agree to exercise caution and good judgment in all interactions with other Users and Members. Dinner Circle encourages you to review your Hosts’ profile pages and read reviews and feedback from other Users. You may also wish to consider using a third-party service that provides additional user verification. We will not be responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Dinner Circle with respect to such actions or omissions.
As a Member, if you love meeting new people and cooking for friends, you can use the Site to invite people from different cultures to your home for a dinner party. To create a dinner party, you will be asked a variety of questions about the event to be listed, including, but not limited to, the location, date and time, capacity and menu. There are two types of events you can host. Type 1 is where you are prepared to take on all of the cooking for your guests. Type 2 ‘Bring and Share’ option is where your guests are each invited to bring a dish to the dinner party. You must choose whether your event will fall under the Type 1 or Type 2 category. In order to be featured in listings on the Site, all events must have valid physical addresses. Dinner parties and all information relating to them will be made publicly available via the Site. Other Members will be able to book your event via the Site based upon the information provided in your listing. You may also invite friends to join the Site and your dinner party using Social Media or e-mail.
Because Dinner Circles wants to promote a fun and safe evening all round, when listing an event on the Site we ask you to confirm that you have read and acknowledged our Food Safety, Fire Safety and Personal Safety top tips, which are available here, and that you plan and host your event in accordance with these guidelines. You will not be able to complete the listing without completing this step.
You agree and acknowledge that you are solely are responsible for any and all listings and content you post on or submit to the Site. Accordingly, you represent that any listing you post and the booking of, or a Guest's attendance at, an event in a listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, halls, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential, commercial and other properties), and rules and regulations that may apply to any event included in a listing you post (including having all required permits, licenses, insurance and registrations), and (b) not conflict with the rights of third parties; and (iii) agree not to invite any persons other than Dinner Circle Members to a meal booked or hosted through the Site. Please note that Dinner Circle assumes no responsibility for a Host's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Dinner Circle reserves the right, at any time and without prior notice, to remove or disable access to any listing for any reason, including listings that Dinner Circle, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful or detrimental to the Site.
As a Member, you understand and agree that Dinner Circle does not act as an insurer, your contracting agent or Food Safety Authority. If a Guest requests a booking of your event and attends, any agreement you enter into with such Guest and your relationship with such Guest is between you and the Guest and Dinner Circle is not a party to it and Dinner Circle assumes no responsibility for any loss you may suffer as a result of a Guest’s conduct during a dinner party event.
Dinner Circle recommends that Hosts obtain appropriate insurance for their Events. Please review any insurance policy that you may have for your home or location of event carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guests invites to the Event, if applicable) while at your home or location of event.
8.Reservations and Charity Donations
Reservations information for Hosts:
If you are a Host and a booking is requested for your dinner party via the Site, you must either confirm or reject the booking within 48 hours of when the booking was requested. When a booking is requested via the Site, we will share with you the first and last name of the Guest who has requested the booking and provide a link to the Guest’s Dinner Circle Account profile page. When you confirm a booking requested by a Guest, Dinner Circle will send you an email notification confirming the booking, upon which you are legally bound to host the event.
After the event Hosts are requested by e-mail to verify that all their guests attended on the night. This verification will be used to keep a record of non-attendance which may trigger the removal of Guests from the Site in line with our cancelation policy. For further information see our cancelation and refunds section below.
Reservations information for Guests:
If you love food and meeting new people, you can search the Site for your ideal dinner party. Only a Member can book and attend an event, if they are a PayPal verified user.
Please note that although your profile does have a section for ‘foods that hate me’ e.g. things you are allergic or intolerant to, it is your responsibility, and not ours, to inform your Host, in each reservation you make through the Site, regarding your food and/or other allergies and/or other information you wish to provide your Host and ensure that they are fully aware of any such restrictions in advance of the event.
Because Dinner Circles wants to promote a fun and safe evening all round, when booking an event on the Site we ask that you have read and acknowledged our Personal Safety top tips, which are available here, and that you plan your attendance in accordance with these guidelines. If you have registered for a ‘bring and share’ event you must also read and acknowledge the additional Food Safety guidelines, which are available here. You will not be able to complete the booking without completing this step.
The Hosts, not Dinner Circle, are solely responsible for honoring any confirmed bookings and making available any events reserved through the Site.
The Host acknowledges that he/she does not receive any money from the Site or the Guests for hosting their dinner party. There is a required minimum donation and set booking fee to be made by all Guests totaling five pounds and ninety-seven pence (£5.97); of which two Pounds (£3) minimum per event, or a similar sum in the currency in which you are transacting (e.g. three Euro or three US Dollars) , which Dinner Circle will donate to a food related charity of our choosing (“Charity Donation”) that will be shown at checkout. This is our way of giving back to people around the world that go to bed on an empty stomach. The booking fee collected will be re-invested in site maintenance, improvements and marketing to expand the Dinner Circle Network which is of direct benefit to the Users.
As noted above, the Host is asked to either confirm or reject the booking within 48 hours of when the booking is requested. If a requested booking is cancelled (i.e. not confirmed by the applicable host), or the request is rejected the Donation and booking fee will be refunded via the payment gateway PayPal.
9.Cancellations and Refunds
All bookings are subject to Dinner Circle’s cancellation policy as follows:
If a booking is cancelled by a Guest on the Site forty-eight (48) hours or more before the event, the Guest will have the option to request a refund of their Charity Donation and, or booking fee.
If the booking on the Site is cancelled by a Guest less that forty-eight (48) hours in advance of the event four times or more in one year, the Guest’s Dinner Circle Account will be deactivated and there will be no refund of their most recent booking fee and Charity Donation.
If a Guest does not cancel their attendance on the Site and does not attend twice or more in one year, the Guest’s Dinner Circle Account will be deactivated and there will be no refund of their most recent booking fee and Charity Donation
If a Host needs to cancel an event, they can do so up to 9am on the morning of the event. When a Host cancels an event, all Guests will have the option to request a refund of their Charity Donation and or booking fee.
If a Host cancels an event after 9am on the morning of the event, Dinner Circle reserve the right to suspend or terminate their Dinner Circle Account on the second occasion.
Your booking shall only be deemed cancelled upon receipt of Dinner Circle’s cancellation confirmation. Dinner Circle makes no representations or warranties about Members’ reliability and shall not bear any liability to Hosts or Guests for any cost, expense, loss or damage that Members may suffer or incur as a result of a Host’s or Guest’s cancellation of an event or booking.
Hosts are responsible for reporting nonattendance at an event. This is done automatically after the event has finished by means of an e-mail request with confirmation on the Site. If the host does not complete this action within forty-eight (48) hours’ it will be assumed that all guests attended the event. If there is a dispute over nonattendance, then another guest at the event will be asked to verify.
In certain circumstances, Dinner Circle may decide, in its sole discretion, that it is necessary or desirable to cancel an event or confirmed booking made via the Site. This may be for reasons such as political unrest in the area, property damage, maintenance issues that affect the ability to host, death or serious illness, natural disaster in the country or for any other reason. In these circumstances, Dinner Circle reserves the right to cancel events or bookings without giving reasons and with no liability whatsoever.
Any Disputes involving the cancelation policy should be submitted in writing via an e-mail to Info@joindinnercircle.com
10.Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount, in accordance with these Terms.
11.Damage to property and/ or belongings
As a Dinner Circle Guest, you are responsible for treating the location in which the dinner is served in a respectful manner, and you are responsible for leaving the property and/ or belongings at the event property in the condition they were in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the event. Dinner Circle disclaims any and all liability in relation to the acts and omissions of Guests and any individuals they invite to events.
12.Dinner Circle Membership Code of Conduct
In connection with your use of our Site (including in your communications with other Users) and your attendance at, participation or involvement in any event hosted or booked via our Site, you may not and you agree that you will not:
Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restriction.
Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights
"Stalk" or harass any other user of our Site or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Member.
Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity
Register for more than one Dinner Circe Account or register for a Dinner Circle Account on behalf of an individual other than yourself
Contact a Host for any purpose other than asking a legitimate question related to a booking or such Host’s meals
Contact a Guest for any purpose other than asking a legitimate question related to a booking or such Guest’s use of the Site or any events appearing on the Site
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances
Use our Site in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence
Copy, store or otherwise access any information contained on the Site t for purposes not expressly permitted by these Terms
Advocate, encourage, or assist any third party in doing any of the foregoing.
Dinner Circle has the right to investigate and take whatever legal action it deems necessary following violations of any of the above to the fullest extent of the law.
If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use the site will end straightaway. We will report you to the relevant authorities and give them your identity.
Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.
You mustn't try to get access to our site or server or any connected database or make any 'attack' on the site. We won't be legally responsible to you for any damage from viruses or other harmful material that you pick up via our site.
15.Uploading Member Content
Members are encouraged to post, upload, publish or submit materials such as comments, reviews, text, images, photos and any other such materials (“Member Content”).
By posting, uploading or making available any Member Content on or through the Site, you hereby grant to Dinner Circle a worldwide, irrevocable, perpetual, non-exclusive, transferable, assignable, royalty-free license, with the right to sublicense, to use, view, reproduce, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content in connection with the Site, whether through the Internet, any mobile device, application or otherwise, in any media formats and through any media channels known today and developed in the future (the “License”). You authorize us to use Member Content without financial compensation, and particularly to exploit Member Content both for purposes of external and internal communication, and for institutional, events, promotional or advertising purposes.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site or you have all rights, licenses, consents and releases that are necessary to grant to Dinner Circle the rights in such Member Content, as contemplated under these Terms; (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Dinner Circle’s use of the Member Content (or any portion thereof) on, through or by means of the Site will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Member Content you post on or through the Site; and (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction. You agree to reimburse and indemnify us for any costs or expenses we incur as a result of any breach of this term.
Dinner Circle takes no responsibility and assumes no liability for any Member Content uploaded, posted, published and made available by you or any third party on or through the Site, or for any loss or damage thereto, nor is Dinner Circle liable for the appropriateness, legality or accuracy of any Member Content you or any other third party may encounter on the Site. We reserve the right to remove your Member Content at any time and for any reason, including if any third party claims to own have rights in your Member Content, or claims that it breaches their rights, and we may give them your identity.
The Licence ends when you delete your Member Content or request in writing to email@example.com that you wish to delete your Dinner Circle Account, providing satisfactory evidence via photographic ID that you are the owner of such account.
However, we would like to draw your attention to:
The fact that Member Content is neither approved, edited nor moderated by Dinner Circle
The fact that deleted Member Content may still be visible in back-up copies for a certain time, including on search engines operated by third parties.
The fact that deleted Member Content may be copied and kept by Dinner Circle for archival purposes and, in particular, to allow it to defend its rights if necessary, and you irrevocably and expressly acknowledge and authorize it to do so.
The recommendation tools (the functioning of which is carried out by automatic handling of non-personal data and not by human intervention of Dinner Circle staff) are able to anonymously and irrevocably register your opinion, to which you agree. You also agree that your opinion may be stored anonymously for statistical purposes.
Dinner Circle reserves the right to market the results of this automatic data handling but you will not be personally identifiable from such information.
You acknowledge that we are under no obligation to store your Member Content and/or to publish your Member Content and that we can, at any time and without prior notice, delete your Member Content from the Site without any liability whatsoever.
16.Misconduct and Complaints
We care for your safety. If you believe a User acted inappropriately including (but not limited to) offensive, violent or sexually inappropriate behavior, please report immediately such person to the appropriate authorities and to us at firstname.lastname@example.org including the following information: (a) identification of the content and/or individual concerned, (b) information to enable us to locate the content in question on the Site, (c) your contact information (full name, postal address, telephone number, email address and, where applicable, the name of the body on whose behalf you are contacting us, its postal address, its registration number). If the complaint relates to the intellectual property rights of you or others please also supply the following information: (d) a statement, where applicable, that you are the owner of intellectual property rights or rights to an image or to the person concerned or authorized to act in the name of said owner.
Dinner Circle has the sole discretion to restrict and/or terminate access to the Site to Users who are deemed to be repeat infringers of third party's copyright works or Users who acted inappropriately and, if it deems necessary, to report to the appropriate authorities.
You agree to indemnify us on a continuing basis from and against all liabilities, costs, claims, losses, expenses (including our legal fees) or awards in connection with a claim by any third party (including another user of the website) arising out of your use or misuse of the Site, any materials or content that you upload, post or transmit to or through the Site, your breach of these terms, your dealings with any third party or other User, or your breach of any laws, rules, regulations or code of conduct.
You shall give us such assistance or information as we request in relation to such claim. Such assistance and/or information shall be given promptly. We have the right to assume the care and conduct of contesting any such claim.
17.Links to Our Site
You are allowed to make a legal link to any page on our Site from your website so long as the link does not state or imply any connection or approval of your website, products and/or services by Dinner Circle, and does not portray Dinner Circle in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to Dinner Circle Site you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking. We can end this permission at any time.
18.Links from Our Site
Links from our site to other sites are only for information. Dinner Circle shall under no circumstance be held responsible for the products and/or content of these third party websites. In particular, without this list being exhaustive, Dinner Circle cannot be held responsible for the accuracy, relevance, or comprehensiveness of the content of these third party websites neither shall it be held responsible for all or part of them. Dinner Circle shall under no circumstance be held responsible for any failure in the payment service provided by its partner. Dinner Circle reserves the right to terminate any link at any time.
19.Intellectual Property Rights
We are the owner or licensee of all intellectual property rights in the Site (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright.
You are allowed to print one copy and download extracts of any page on the site for your personal reference, but not for commercial use without a licence from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them. All other rights are reserved to us. Use of the Site does not give you any rights in any materials on it. Except as set out above, you may not reproduce, distribute, modify, adapt, create derivative works of, publicly display, transmit, broadcast, sell, license, or in any way exploit any material on the Site, in whole or in part, without our prior written consent. You agree to use any material on the Site only for the purpose for which it was made available.
If you breach these terms, you lose your right to use our site, and must destroy or return any copies you have made.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site ("Feedback"). You acknowledge and agree that that all Feedback will be the sole and exclusive property of Dinner Circle, and agree that Dinner Circle shall have an-exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Dinner Circle current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Furthermore, you warrant that your Feedback is not subject to any license terms that would purport to require Dinner Circle to comply with any additional obligations with respect to any Dinner Circle current or future products, technologies or services that incorporate any Feedback.
Dinner Circle’s Company marks and logo and all other proprietary identifiers used by the Company in connection with the Site (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. Dinner Circle has the UK trademark number UK00003186262. No right, license, or interest to Company Trademarks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks and you agree not to use, display, copy, modify or imitate (in whole or in part) any of those marks without our prior permission. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site.
21.Account termination or suspension
At any time with or without prior notice, Dinner Circle may block your access to the Site and/or temporarily or permanently limit your access to the Site or terminate your Dinner Circle Account, at its sole discretion, in addition to any other remedies that may be available to Dinner Circle under any applicable law.
Such actions by Dinner Circle may be taken, for example, if Dinner Circle deems that you have breached any of these Terms in any manner or triggered an account termination under our cancellation policy. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive.
You may cancel your Dinner Circle Account at any time by sending an email to email@example.com. Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITEYOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT DINNER CIRCLE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. THE SITE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DINNER CIRCLE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, QUALITY OF EVENTS, INCLUDING THE NATURE AND QUALITY OF THE FOOD SERVED IN SUCH EVENTS, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. DINNER CIRCLE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, EVENTS, HOSTS, GUESTS, THE SERVICES OR MEMBER CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY MEMBER CONTENT OBTAINED THROUGH THE SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DINNER CIRCLE OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT DINNER CIRCLE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR TO REVIEW OR VISIT ANY EVENT. DINNER CIRCLE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANISED ON OR THROUGH THE SITE.
DINNER CIRCLE DO NOT WARRANT (I) THAT THE SITE IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE; AND/OR (III) OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE (INCLUDING THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS).
THIRD PARTY SERVICE OPERATORS' SERVICES ARE OFFERED ON AN "AS-IS" BASIS AND DINNER CIRCLE IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ENGAGEMENT WITH THIRD PARTY SERVICE OPERATORS, INCLUDING, INTER-ALIA: (I) ANY SERVICE AND/OR CONTENT SUPPLIED BY AND/OR TO THIRD PARTY SERVICE OPERATORS; (II) ANY ACT OR OMISSION BASED ON CONTENT SUPPLIED BY THIRD PARTY SERVICE OPERATORS; (III) THE COLLECTION, PROCESSING AND USE OF DATA COLLECTED BY THIRD PARTY SERVICE OPERATORS (IV) YOUR USE OF THE TOOLS AND SERVICES PROVIDED BY THIRD PARTY SERVICE OPERATORS; AND/OR (V) ANY CONFLICT THAT MAY ARISE BETWEEN THE THIRD PARTY SERVICE OPERATOR AND YOURSELF.
23.Our Legal Responsibility to You (Limitation of Liability)
THE USE OF DINNER CIRCLE'S SITE AND SERVICES AND PARTICIPATION IN ANY FOOD EVENT IS SOLELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL DINNER CIRCLE, INCLUDING DINNER CIRCLE'S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF OR RELATING TO THE SITE OR ANY CONTENT, SERVICES OR ACTIVITIES AVAILABLE ON OR THROUGH THE SITE OR CARRIED OUT AS A RESULT OF USING THE SITE, YOUR USE OR INABILITY TO USE THE SITE, AND/OR YOUR PARTICIPATION IN ANY DINNER PARTY EVENT OR THE CONSEQUENCES OF THAT PARTICIPATION, THE FAILURE OF THE SITE TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM THE PERFORMANCE OR FAILURE OF DINNER CIRCLE TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF DINNER CIRCLE BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER DINNER CIRCLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE DO NOT EXCLUDE LEGAL RESPONSIBILITY FOR DEATH OR PERSONAL INJURY OWING TO OUR NEGLIGENCE, OR LEGAL RESPONSIBILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANYTHING ELSE WHICH THE LAW DOES NOT PERMIT TO BE EXCLUDED.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, DINNER CIRCLE'S AND DINNER CIRCLE'S REPRESENTATIVES TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITESHALL BE LIMITED TO THE SUM OF THE CHARITY DONATIONS AND BOOKING FEE ACTUALLY PAID BY YOU, IF ANY, TO DINNER CIRCLE IN THE 12-MONTH PERIOD PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
24.Disputes and Applicable Law
Before undertaking legal action in the event of such a dispute, we would encourage you (although this is not compulsory) to contact our claims department in order to try to resolve the dispute amicably.
Our claims service can be contacted:
By email at the following address: firstname.lastname@example.org
By post at the following address: Dinner Circle LTD, Apt 3926, Chynoweth House, Trevissome Park, Turo, TR4 8UN
You agree to release, defend, indemnify, and hold Dinner Circle and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site or your violation of these Terms; (b) your Member Content; and (c) your (i) interaction with any Member, (ii) booking of a Dinner party, (iii) creation hosting and attending of a Dinner Party, (iv) the use, condition or rental of a meal by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a meal, or (v) injuries, damages or other claims to any persons present at a at Dinner Party.
The English courts have the only right to hear claims related to our Site, and all disputes are governed solely by English law.
The failure of Dinner Circle to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Dinner Circle. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Please email us at email@example.com to contact us about any issues you encounter with the Site.