DINNER PARTY CLUB
DORSET
LET’S DO DINNER LIMITED STANDARD TERMS AND CONDITIONS
| 1. | Definitions and Interpretation | |
| 1.1 | In these Conditions, the following definitions apply: | |
| Business Day: | a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business; | |
| Conditions: | these terms and conditions as amended from time to time in accordance with clause 14.7; | |
| Contract: | the contract between you and us for the supply of Services in accordance with these Conditions; | |
| Dinner Party/ies: | a dinner party to be held by each Member of a Group; | |
| Fees: | the charges payable by you for the supply of the Services in accordance with clause 7; | |
| Group: | a group of Members as organised by us; | |
| Grouping Questionnaire |
the questionnaire to be included in the welcome pack which, once completed by you, will assist us in grouping you appropriately; | |
| Introductory Membership Form |
the form provided to you within the introduction welcome pack in respect of a 3 month Membership, which, once signed by you, signifies your agreement to become a Member; | |
| IP Rights: | all copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world; | |
| Member: | a member of our network, Let’s Do Dinner, and ‘Membership’ shall be construed accordingly; | |
| Membership Acceptance Form: | the form provided to the Member within the introduction welcome pack which, once signed by you, signifies your agreement to become a Member; | |
| Quarterly Events: | the events held by us each subsequent quarter following the Welcome Party; | |
| Registration Form: | the Member’s details as are necessary to register them as a Member; | |
| Services: | the services supplied by us to you which shall include introducing Members to each other through our network and facilitating dinner parties amongst Groups; | |
| Website: | www.letsdodinner.co; | |
| Welcome Party: | an initial gathering of Members where they shall meet their Group and the Dinner Parties are organised; | |
| We/us/our: | Let’s Do Dinner Limited registered in England and Wales with company number 07685749 and registered office of 31-33 Commercial Road, Poole, Dorset BH14 0HU; and | |
| You/your: | the purchaser of our Services. | |
| 1.2 | A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality). | |
| 1.3 | Reference to a party includes its personal representatives, successors or permitted assigns. | |
| 1.4 | Reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted. | |
| 1.5 | Any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms. | |
| 1.6 | Reference to writing or written includes e-mails. | |
| 2. | Basis of contract | |
| 2.1 | The Contract between you and us shall only be deemed to come into effect once the Registration Form, Membership Acceptance Form, completed and signed by you, has been received by us, together with cleared payment of the Fees. | |
| 2.2 | The Contract constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us, which is not set out in the Contract. | |
| 2.3 | These Conditions apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. | |
| 3. | Supply of Services | |
| 3.1 | We shall supply the Services to you using reasonable care and skill. | |
| 3.2 | The Services shall include: | |
| a) | processing your Registration Form and Membership Acceptance Form for Membership; | |
| b) | allocating you to a Group of not less than 4 but not more than 8 people; | |
| c) | holding the Welcome Party and the Quarterly Events; | |
| d) | processing scores following completion of the Dinner Parties within your Group; and | |
| e) | awarding the Prizes (as defined below). | |
| 3.3 | We shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and we shall notify you in any such event. | |
| 4. | Membership | |
| 4.1 | We shall be under no obligation to provide Membership. | |
| 4.2 | If we are unable for any reason to provide Membership, we will inform you of our decision within 14 days of receipt of the Membership Acceptance Form or the Introductory Membership Form (whichever is applicable) and refund any Fee paid. | |
| 4.3 | Where Membership is offered and accepted, subject to clause 13.1 below, any Groups that we place you with shall be final. | |
| 5. | Member's obligations | |
| 5.1 | To be a Member, you must be between the ages of 18 and 65. | |
| 5.2 | To apply to become a Member for 2012 you must complete and return either: a) the Membership Acceptance Form and the 2012 Fee (as defined in clause 7); or b) the Introductory Membership Form and the Introductory Member Fee (as defined in clause 7), together with the Registration Form and the Grouping Questionnaire, prior to the start date shown on the relevant form (Deadline). |
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| 5.3 | You must ensure that the information given in the Membership Acceptance Form or Introductory Membership Form (as is applicable), and the Grouping Questionnaire and Registration Form, is complete and accurate in all material respects and in particular, update us of any changes to your personal details as and when appropriate. | |
| 5.4 | You shall be responsible for informing the Members of your Group if you have any particular dietary requirements or allergies. | |
| 5.5 | You shall use your best endeavours to accommodate any dietary requirements of Members of your Group when holding a Dinner Party. | |
| 5.6 | You shall be responsible for all costs associated with holding or attending a Dinner Party. | |
| 5.7 | You shall behave in a polite and proper manner towards other Members of your Group at all times and respect the property of the hosting Member. | |
| 5.8 | You shall be responsible for ensuring that during the Welcome Party, you agree in what order and at what times each Member shall hold their Dinner Party. | |
| 5.9 | You shall co-operate with us in all matters relating to the Services and comply with all other obligations under this Contract. | |
| 5.10 | If performance of any of our obligations under the Contract is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (Default) we shall have the right to suspend performance of the Services until you remedy the Default, and to rely on such Default to relieve us from the performance of any of our obligations to the extent the Default prevents or delays our performance of any of those obligations. | |
| 6. | Scores | |
| 6.1 | Following each Dinner Party you shall rate that Dinner Party by providing a score of between 1 and 10 using the written form provided by us, such score to be determined fairly, based on the hosting Member’s food, drink and entertainment. | |
| 6.2 | You must keep your scores absolutely confidential until such time that the scores of each Member of the Group are announced. | |
| 6.3 | You must not in any way attempt to distort the scores pertaining to another Member. | |
| 7. | Fees and Payment | |
| 7.1 | The Fees for becoming a Member for 2012 shall be paid by either one of the following ways: | |
| a) | Four quarterly instalments of £37.50 each; or | |
| b) | One payment of £120.00 which must be paid in full prior to commencement of Membership. | |
| 7.2 | The Fee shall include Membership for 2012 and entry to the Welcome Party. | |
| 7.3 | The 2012 Fee shall apply regardless of what time in the year you become a Member. | |
| 7.4 | The fees for becoming an introductory Member shall be payable in one payment of £45.00 (“Introductory Member Fee”). | |
| 7.5 | The Introductory Member Fee shall include Membership for 3 months and entry to the Welcome Party. | |
| 7.6 | The Fees shall include VAT. | |
| 7.7 | Payment will only be accepted in the form of either a cheque, bank transfer or standing order. | |
| 7.8 | Should you wish to attend any of the Quarterly Events, an additional fee shall be payable. | |
| 7.9 | In the event that an application for Membership is received after the Deadline, and as a result we are unable to offer you Membership, we shall return the Fee to you. | |
| 8. | Supply of Prizes | |
| 8.1 | The highest three scorers following the Dinner Parties held between all Members in any one Membership year shall each receive a prize as specified on the Website (Prizes). | |
| 8.2 | The Prizes are offered as a gesture only and we accept no responsibility as to their quality. | |
| 9. | Intellectual Property Rights | |
| 9.1 | We own all IP Rights in or arising out of or in connection with the Services. | |
| 10. | No Warranty | |
| 10.1 | We make no warranty or representation as to the following:- | |
| a) | the quality and suitability of any food, drink or entertainment offered at a Dinner Party that you attend; | |
| b) | the skill, fitness, health and suitability of any Member of a Group to which you have been allocated; | |
| c) | the accuracy or veracity of any information supplied by another Member; and | |
| d) | the amount of any expense you may incur in hosting a Dinner Party. | |
| 11. | Privacy Policy | |
| 11.1 | Subject to clause 11.2 below, you agree that we may provide your contact details to Members of your Group following the Welcome Party. | |
| 11.2 | We will treat all of the information you provide to us as private and confidential and we will not use it for any purpose or disclose it to any person (unless you ask us to or give us permission) other than as set out herein. | |
| 11.3 | For the purposes of the Data Protection Act 1998 we will be responsible for determining the purposes for which, and the manner in which, the personal data you provide to us will be processed and we are committed to compliance with all relevant data protection legislation. | |
| 11.4 | You acknowledge and agree that unless you advise us otherwise, your data will be held, processed and used by us and our employees for the purposes of carrying out our obligations herein. We will take reasonable steps to ensure the reliability of all those who have access to your personal data. | |
| 12. | Limitation of Liability THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE 12 |
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| 12.1 | Nothing in these Conditions shall limit or exclude our liability for: | |
| a) | death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; | |
| b) | fraud or fraudulent misrepresentation; or | |
| c) | breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession). | |
| 12.2 | Subject to clause 12.1: | |
| a) | we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and | |
| b) | our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the Fee. | |
| 12.3 | Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract. | |
| 12.4 | This clause 12 shall survive termination of the Contract. | |
| 13. | Cancellation and Termination | |
| 13.1 | For the purpose of The Consumer Protection (Distance Selling) Regulations 2000, you have the right to cancel the Contract within 7 working days after the Contract comes into effect commencing on the day after the day on which the Contract comes into force (in accordance with clause 2.2 above). During this time, we shall provide a full refund of any Fees paid by you to us. | |
| 13.2 | If, having met your Group at the Welcome Party, there are fundamental reasons why you feel unable to continue with your Membership due to one or more Members in your Group, you must inform us at or immediately following the Welcome Party and we may, at our sole discretion, place you in another Group. | |
| 13.3 | We accept no responsibility for failure to place you with another Group pursuant to clause 13.1 and should you still wish to terminate your Membership as a result, any Fee will be non-refundable. | |
| 13.4 | If, at any time during the period in which the Dinner Parties are being held, you wish to terminate your Membership for any reason, you must notify us immediately. We may, if we consider the reason to be fundamental, and at our sole discretion, provide a refund of any Fee paid. | |
| 13.5 | If for any reason, you are unable to hold your own Dinner Party, you must notify us and contact the other Members of your Group immediately to rearrange. In the event that you are unable to rearrange a time to hold your Dinner Party and as a result you are unable to hold your Dinner Party at all, you will not be eligible for a Prize and the Fee will be non-refundable. | |
| 13.6 | Where a Member of your Group withdraws or is withdrawn from taking part, we reserve the right to replace that Member with another Member. | |
| 13.7 | If for any reason, you are unable to attend a Quarterly Event for which you have already booked a place, you should notify us immediately. We may, if we consider the reason to be fundamental, and at our sole discretion, provide a refund of any Fee paid. | |
| 13.8 | Without limiting our other rights or remedies, we shall have the right to suspend provision of the Services under the Contract or any other contract between you and us if you fail to act in accordance with your obligations under clause 5 or you fail to pay any amount due under this Contract on the due date for payment. | |
| 13.9 | If for any reason, we have to cancel or reschedule a Quarterly Event, we shall notify you within 14 days prior to the original date of the Quarterly Event and where it is not practicably possible to reschedule such event, a full refund of any fees paid in respect of that event shall be refunded. | |
| 14. | General | |
| 14.1 | Force majeure: | |
| a) | For the purposes of this Contract, Force Majeure Event means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or that of any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors. | |
| b) | We shall not be liable to you as a result of any delay or failure to perform our obligations under this Contract as a result of a Force Majeure Event. | |
| 14.2 | Notices: | |
| a) | Any notice or other communication required to be given to a party under or in connection with this Contract shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post at its registered office (if a company) or place of residence (if an individual). | |
| b) | Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by pre-paid first-class post on the second Business Day after posting. | |
| c) | This clause 14.2 shall not apply to the service of any proceedings or other documents in any legal action. For the purposes of this clause, "writing" shall not include e-mails and for the avoidance of doubt notice given under this Contract shall not be validly served if sent by e-mail. | |
| 14.3 | Waiver: | |
| a) | A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. | |
| b) | Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law. | |
| 14.4 | Severance: | |
| a) | If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected. | |
| b) | If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable. | |
| 14.5 | No partnership: Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way. | |
| 14.6 | Third parties: A person who is not a party to the Contract shall not have any rights under or in connection with it. | |
| 14.7 | Variation: Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing and signed by us. | |
| 14.8 | Governing law and jurisdiction: This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales. | |
Registered in England Company No. 7685749
Company Registered Address: 31/33 Commercial Road, Poole, Dorset, BH14 OHU
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Let’s Do Dinner Ltd,12 Lower Golf Links Road, Broadstone, Dorset, BH18 8BH Tel: 01202 244888Email: info@letsdodinner.coOffice opening hours: Tuesday 10am to 2pm and 6pm to 9pm, |
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