Terms and Conditions

Version 1.0 in effect from March 21, 2018
 

THIS IS A LONG DOCUMENT CONTAINING SEVERAL IMPORTANT CLAUSES THAT RELATE TO YOUR RIGHTS AND OBLIGATIONS. BY USING THE WEBSITE ACCESSIBLE AT THE ADDRESS www.dinnerparty.io Dinner Party MOBILE APPLICATIONS AND API, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. WE WOULD ADVISE YOU TO PRINT A COPY FOR YOUR RECORDS.
 

1. Introduction

1.1 Dinner Party Group LLC (“Dinner Party”) is a private limited liability company incorporated under the laws of the United States with the name “Dinner Party Group LLC” under number 82-2760978 and whose registered office address is 200 Corporate Drive, Suite 1, Blauvelt, NY 10913.
 

1.2 Dinner Party operates websites, social media channels, APIs and applications (“Dinner Party Websites”) and provides a platform, services and market place by which users may issue invitations (the “Dinner Party Invitations”) offering to host or facilitate meals (or other social gatherings) (“Hosted Events”) which others may accept.
 

1.3 Your use of the Dinner Party Websites and the services offered by Dinner Party (the “Dinner Party Services”) is governed by these terms and conditions set out in this document and the documents referred to in this document (together the “T&Cs”).
 

1.4 In these T&Cs users who issue Dinner Party Invitations are (in that capacity) referred to as “Hosts” and users who accept Dinner Party Invitations are referred to (in that capacity) as “Guests”.A single user may be either a Host or a Guest in relation to different Hosted Events.Dinner Party provides a global marketplace allowing Hosts and Guests to contract with one another.
 

1.5 Unless Dinner Party expressly agrees to the contrary in writing, all your dealings with Dinner Party will be on and subject to the terms of these T&Cs.By using the Dinner Party Websites and the Dinner Party Services, you agree to be bound by these T&Cs.

1.6 These T&Cs may be updated from time to time, updates will be posted on the Dinner Party website and we shall endeavor to notify registered users of updates, it is however your responsibility to ensure that you remain compliant with the current T&Cs from time to time.We may also modify the operation of the Dinner Party Services and the amounts charged and payment mechanisms.These changes will not have retrospective application.If the modified T&Cs are not acceptable to you, your only recourse is to cease using the Dinner Party Websites and Dinner Party Services. If you do not cancel your Dinner Party registration you will be deemed to have accepted the changes.
 

1.7 Subject to your compliance with these T&Cs, Dinner Party grants you a limited non-exclusive, non-transferable license to download and install a copy of the applications forming a part of the Dinner Party Websites on each mobile device or computer that you own or control and run that application solely for your own personal use. You agree to adhere, in addition to these T&Cs, to the terms and conditions applicable to the device on which you run the application and store from which you download it.Dinner Party reserves all rights in the application not expressly granted to you by these T&Cs.
 

1.8 If you do not agree to be bound by these T&Cs, you may not use the Dinner Party Websites or Dinner Party Services.
 

2. Registration
2.1 Unregistered visitors may view the Dinner Party Websites. Only registered users may post content on the Dinner Party Websites and issue or accept Dinner Party Invitations. Registered users are identified on the Dinner Party Website by their first name and registered city and country. Dinner Party may rank or rate registered users. As a user you represent to Dinner Party that you will only use the Dinner Party Websites and Dinner Party Services for lawful purposes and where it is lawful to so use them.
 

2.2 You acknowledge and agree that, by accessing or using the Dinner Party Websites or Dinner Party Services or by downloading or posting any content to or from the Dinner Party Websites you are indicating that you have read, and that you understand and agree to be bound by these T&Cs. If you accept or agree to these T&Cs on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these T&Cs and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
 

2.3 By registering with Dinner Party you agree to adhere to (i) public policies published by Dinner Party on the Dinner Party Websites (such as the privacy policy), and (ii) the “Guest’s Contract” in respect of any Dinner Party Invitations that you accept, and (iii) the “Host’s Contract” in respect of any Dinner Party Invitations you issue. You may cancel your registration at any time by following the instructions on the Dinner Party Websites. If you cancel your registration we shall delete all personally identifiable information to the extent required to comply with applicable laws. You accept that we may terminate any user’s registration at any time.
 

2.4 Registration and access to the Dinner Party Services are intended solely for persons who are 18 or older. Any access or use of the Dinner Party Websites or Dinner Party Services by anyone under 18 is expressly prohibited. By using the Dinner Party Websites and Dinner Party Services you represent and warrant that you are aged 18 years or older.
 

2.5 You agree to compete the registration process honestly and as completely as you are able, and to keep the registration and other information about you accurate and up-to-date. You may maintain only one registration with Dinner Party, and may not register as a Dinner Party user on behalf of an individual other than yourself. Your registration with Dinner Party is personal to you and may not be sold or transferred without Dinner Party’s prior written agreement. You agree never to disclose your login details or password (except for the purpose of your logging in to the Dinner Party Websites yourself).
 

2.6 By registering as a user with Dinner Party you agree that Dinner Party may request consumer, credit rating and similar reports on you. If Dinner Party requests any such report, it will request and use it in compliance with applicable law.
 

2.7 If you link your registration with an accepted third-party social networking site or service you represent that you are lawfully able to do so and that such linking complies with all terms you and the third party have agreed and will not result in Dinner Party incurring any obligations or liabilities.
 

2.8 You will need to agree to our payment provider’s terms and conditions when you register to make or receive payments.
 

3. Our content and your use of the Dinner Party Website
3.1 Apart from the content generated by registered users, all the elements that make up the Dinner Party Websites and Dinner Party Services (including, without limiting the generality of this provision, its content, graphics, applications, software, functions and other features) belong to Dinner Party (or the person from whom Dinner Party licenses it). You agree that you have no entitlement to any part of the Dinner Party Websites or Dinner Party Services otherwise than to view content and use the communications facilities in connection with arranging and promoting Hosted Events and issuing, accepting and paying for Dinner Party Invitations in accordance, in each case, with these T&Cs. You agree that you are not permitted to reproduce, distribute, emulate, publish or imitate any part of the Dinner Party Websites and Dinner Party Services without Dinner Party’s prior written agreement.
 

3.2 In using the Dinner Party Website and Dinner Party Services you agree that you will not:
 

3.2.1 Circumvent Dinner Party’s legitimate commercial interests by participating in a transaction related to a Hosted Event independent of the Dinner Party Websites and Dinner Party Services or take any action (other than publish bona fide reviews) to dilute, tarnish or otherwise harm the Dinner Party brand in any way;


3.2.2 Use any part of the Dinner Party Website or Dinner Party Services for any commercial or other purposes that are not expressly permitted by these T&Cs or in a manner that falsely implies Dinner Party endorsement, partnership or otherwise misleads others as to your affiliation with Dinner Party or any of its users or partners;
 

3.2.3 Use manual or automated software, devices, scripts, robots, backdoors or other means or processes to (i) access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Dinner Party Website and Dinner Party Services, or (ii) collect information from or otherwise interact with Dinner Party Website or Dinner Party Services, or (iii) systematically retrieve data or other content from any of the Dinner Party Websites to create or compile, directly or indirectly, in single or multiple downloads, a compilation, database, directory or similar or analogous collection of information, or (iv) access, tamper with, or use non-public areas of any of the Dinner Party Websites and Dinner Party Services or the technical delivery systems of Dinner Party’s partners, or (v) attempt to probe, scan, or test the vulnerability of any part of any of the Dinner Party Websites or Dinner Party’s Services or Dinner Party’s security or authentication measures, or (vi) damage, disable, overload or alter any part of the Dinner Party Website or any other website, application or electronic communication, or (vii) broadcast any element containing computer viruses or any code, file, or computer program designed to interrupt, destroy or limit the software, features, IT or telecommunication equipment;
 

3.2.4 Access or use any of the Dinner Party Website or Dinner Party Services (i) to use, expose, or allow to be used or exposed, any content that is not publicly displayed by Dinner Party in its search results pages or listing pages before a Dinner Party Invitation is accepted; or (ii) in any way that is inconsistent with these T&Cs or any privacy or other policy publicly adopted by Dinner Party; or (iii) in any way that violates the privacy or any other rights of any other of Dinner Party’s users or any other third party;
 

3.2.5 Register and/or use any intellectual property of Dinner Party (or persons from which it licenses intellectual property) or in the name “Dinner Party” or its logo (or derivative terms or terms that are confusingly similar) whether in any domain names, trade names, trademarks or other source identifiers, trademarks, taglines, promotional campaigns or otherwise or infringe the rights of Dinner Party or the rights of any other person or entity (including, without limiting the generality of this provision, any intellectual property, privacy, publicity or contractual rights);


3.2.6 Copy, store or otherwise access or use any information contained on any of the Dinner Party Websites for purposes not expressly permitted by these T&Cs or use, display, mirror or frame the any of the Dinner Party Websites or Dinner Party Services, or any individual element within the any of the Dinner Party Websites or Dinner Party Services, Dinner Party’s name, any Dinner Party trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Dinner Party Websites and Dinner Party Services, without Dinner Party’s express written consent;
 

3.2.7 Interfere with or damage any of the Dinner Party Websites or Dinner Party Services (including, without limiting the generality of this provision, by the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology) or in connection with the distribution of unsolicited emails or advertisements (other than Dinner Party Invitations);
 

3.2.8 “Stalk” or harass any other user of any of the Dinner Party Websites or Dinner Party Services, or collect or store any personally identifiable information about any other user (other than for purposes of transacting as a Guest or Host);
 

3.2.9 Contact any Dinner Party user otherwise than about a Dinner Party Invitation;
 

3.2.10 Recruit or otherwise solicit any Dinner Party user to join a third-party service or website whether or not it is competitive to Dinner Party, without Dinner Party’s prior written approval;
 

3.2.11 Avoid, bypass, remove, deactivate, impair, scramble, descramble, or otherwise circumvent any technological measure implemented by Dinner Party or any of Dinner Party’s providers or any other third party (including another user) to protect any part of the Dinner Party Websites or Dinner Party Services, forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use any part of any of the Dinner Party Websites or Dinner Party Services to send altered, deceptive or false source-identifying information or attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the any part of any of the Dinner Party Websites or Dinner Party Services; or
 

3.2.12 Advocate, encourage, or assist any third party in doing any of the foregoing.
 

3.3 You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Dinner Party Websites, Dinner Party Services and ancillary documentation. You also agree not to use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Dinner Party Website or Dinner Party Services except as expressly permitted in these T&Cs. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Dinner Party or its licensors, except for the licenses and rights expressly granted in these T&Cs.
 

4 Your Content
4.1 Registered users may post content on the Dinner Party Websites. Anything that you post (or otherwise cause to be visible) on a Dinner Party Website is deemed for the purposes of these T&Cs to be content published by you (“Your Content”). Dinner Party’s policy is not to edit or moderate Your Content unless required to do so to ensure compliance with these T&Cs or with your prior consent. You agree that if you have linked your Dinner Party registration with any third-party service, the services may exchange information and you shall be deemed to have published any information made available by the third-party service as a result of the accounts being linked.
 

4.2 You are responsible for all Your Content. By registering to use the Dinner Party Websites you agree that:
 

4.2.1 Any representation that you publish is true;
 

4.2.2 You shall not use the Dinner Party Websites or Dinner Party Services to offer products or services other than Dinner Party Invitations
 

4.2.3 You shall not post, upload, publish, submit or transmit anything 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 or rights to an image; or (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability or might be expected to incite any anti-social behavior; or (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; or (iv) is defamatory, abusive, threatening, harassing or obscene, pornographic, vulgar or may otherwise be found to be offensive by a reasonable person; or (v) is discriminatory, prejudicially intolerant, racist, hate inspired, harassing or harmful toward any individual or group, anti-Semitic, pedophilic, inciting violence, racial or ethnic hatred, illegal or that is in any other way reprehensible; or (vi) is violent or threatening or promotes violence or actions that are threatening to any person or group; or (vii) promotes illegal or harmful activities or substances; or (viii) condones or promotes any of the things listed in (i) to (vii);
 

4.2.4 None of Your Content shall include any images which you do not own or which include or depict any identifiable person who has not consented to the use of the image (and, in the case of images taken at a Hosted Event, in respect of which the relevant Host has consented to you publishing);
 

4.2.5 You shall not use the Dinner Party Website or Dinner Party Services to (i) transmit, distribute, post or submit any information concerning any other person or entity (including, without limiting the generality of this provision, photographs, contact or sensitive information or credit, debit, banking or other account numbers) without the relevant person’s prior permission; or (ii) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
 

4.2.6 All Your Content may be made public and associated with you;
 

4.2.7 Dinner Party is under no obligation to store and/or to publish Your Content (and Dinner Party may at any time and without prior notice delete Your Content from any part of the Dinner Party Website);
 

4.2.8 Although you remain the owner of (and responsible for) Your Content, nothing in any relationship between you and Dinner Party operates to transfer any intellectual property rights to you;
 

4.2.9 You grant (or shall procure the grant) to Dinner Party of a worldwide, non-exclusive, transferable, sub-licensable, royalty-free license to use all content (and all related intellectual property) in any content made available by you on the Dinner Party Website;
 

4.2.10 Dinner Party may edit, reproduce (in whole or in part), translate, link to and from, group and otherwise deal with Your Content (or elements of it) as it deems appropriate;
 

4.2.11 Dinner Party may use and exploit Your Content (and information that Dinner Party learns about you) to communicate with you, target advertising to you and develop, implement and refine marketing campaigns and to promote Dinner Party’s Services generally; and
 

4.2.12 You shall not advocate, encourage, or assist any third party in doing any of the foregoing.
 

4.3 You agree that any profile photograph that you upload is an honest representation of you and does not infringe any intellectual property rights belonging to a third party and that you expressly authorize Dinner Party to use your image. 
 

4.4 By accepting these T&Cs you grant Dinner Party a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sub-license, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit Your Content (which may include publishing it on, through, by means of the Dinner Party Websites and Dinner Party Services and may also include promoting or marketing the Dinner Party Websites and Dinner Party Services). Dinner Party does not claim any ownership rights in Your Content and nothing in these T&Cs will be deemed to restrict any rights that you may have to use and exploit Your Content.
 

4.5 Notwithstanding the licenses granted to Dinner Party pursuant to clauses ‎4.2.8 and ‎4.3, Dinner Party shall use reasonable efforts to remove such of Your Content as you request us to remove from our current Dinner Party Websites (the request to be made through your registered account and confirmed in a recorded delivery letter with signed proof of receipt including sufficient details for us to identify you and the relevant part of Your Content that you request is removed from the Dinner Party Websites).
 

4.6 The Dinner Party Websites and Dinner Party Services may provide links or referrals to other websites, services, publications or applications. Dinner Party makes and gives no representation, endorsement, guarantee or confirmation as to the reliability of any such website, service publication or application and by agreeing to these T&Cs you agree that you shall not rely on Dinner Party when assessing or using them and that Dinner Party shall under no circumstance be responsible to you for any failure of any websites, services, publications or applications for which it is not responsible. Dinner Party assumes no responsibility for the content of websites linked on our site. Dinner Party will not be liable for any loss or damage that may arise from your use of them. In this context you confirm that Dinner Party is not responsible for the actions or failures of its payment providers.
 

4.7 You agree and consent that Dinner Party may (but is not obliged to) employ translators and copy editors (and may apply automated translation and copy editing services) to Your Content to change the style or language used by you. Except to the extent that anything done by Dinner Party create an obligation or liability which would not otherwise have arisen, you agree that these processes shall not diminish any responsibility or liability you have for Your Content (and that you shall hold Dinner Party harmless from any loss it may suffer as a result of hosting or otherwise dealing with Your Content).
 

5. Data
5.1 By accepting these T&Cs you agree that Dinner Party may collate and analyze data resulting from your use of the Dinner Party Websites and Dinner Party Services and may use and sell the resulting information. 
 

5.2 Dinner Party will use reasonable efforts to ensure that unless you agree to the contrary your personal information will not be disclosed to third parties except to the extent required to undertake reasonable verification, necessary to provide the Dinner Party Services or to operate the Dinner Party Website or as permitted by clause ‎5.3.
 

5.3 You expressly grant us permission, without further notice, to store, transfer and disclose data and other information relating to you or to your transactions, including, but not limited to, personally identifiable information to any relevant tax or other governmental or competent regulatory or law enforcement authority or agency that claims to be entitled to such information.
 

5.4 To the extent required by applicable law, Dinner Party shall on request of the relevant registered user delete all information that is personal to that registered user. Dinner Party may however (subject to applicable laws) retain data that may have been obtained by previous interactions with Dinner Party provided that that data cannot be linked to any individual person.
 

5.5 Dinner Party reserves the right to market the results of this automatic data handling.
 

5.6 You agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Dinner Party, including by inappropriately using any Dinner Party intellectual property.
 

6. Hosted Events
6.1 The Dinner Party Websites and Dinner Party Services comprise an online platform designed to enable Hosts to create Dinner Party Invitations for Hosted Events and for Guests to learn about and book Hosted Events directly with the Hosts. You understand and agree that Dinner Party is not a party to any agreements between Hosts and Guests and that Dinner Party has no control over (and not liability or obligation to you in respect of) the conduct of (i) Hosts, (ii) Guests, (iii) other users of the Dinner Party Websites and Dinner Party Services or (iv) others attending or facilitating Hosted Events. You agree that Dinner Party is not responsible for any damage or harm resulting from your interactions with other users of the Dinner Party Websites or Dinner Party Services and you accept that (to the maximum extent permitted by law) Dinner Party disclaims all liability resulting from the conduct or any such person.
 

6.2 By agreeing to these T&Cs you agree to adhere to all applicable laws and regulations (including without limiting the generality of this provision, fiscal and administrative regulations) that apply to any Hosted Event.
 

6.3 You agree that Dinner Party shall under no circumstance be held responsible or liable for any representation in a Dinner Party Invitation or for a Hosted Event not running smoothly or as advertised or otherwise being unsatisfactory.
 

6.4 In certain circumstances, Dinner Party may decide, in its sole discretion, that it is necessary or desirable to cancel a Hosted event. In these circumstances Dinner Party may determine, in its sole discretion, to refund to the Guest part or all of the amounts charged to the Guest. You agree that Dinner Party and the relevant Guest or Host will have no liability to you in respect of such cancellations or refunds.


7. Financial arrangements
 

7.1 When issuing Dinner Party Invitations Hosts state the fees that they will charge each Guest, these fees are quoted inclusive of all sales and analogous or other taxes (the “Host’s Charges”). Dinner Party arranges a service for these fees to be collected and held in a third-party trust account on terms that the funds will be paid in accordance with these T&Cs (arranging this collection and holding service constitutes a part of the Dinner Party Services). Dinner Party may charge Guests a fee for the use of the Dinner Party Services (the “Dinner Party Fees”). Acceptance of a Dinner Party Invitation constitutes agreement to pay the Host’s Charges and any Dinner Party Fees (the “Transaction Fees”).The total amount of the Transaction Fees is the amount payable by the Guest in respect of each Dinner Party Invitation at the time that the Guest accepts the Dinner Party Invitation.
 

7.2 Where applicable, the Dinner Party Fees are calculated as a variable percentage of the Host’s Charges. Any Dinner Party Fees are payable by the Guests at the same time as payment of the Host’s Charges. To the extent that the Dinner Party Fees are subject to sales taxes, these taxes will be included in the total amount payable by the Guest in respect of the Transaction Fees. Where Dinner Party charges Dinner Party Fees it shall on request provide an invoice in respect of those Dinner Party Fees, separately identifying any sales taxes charged by Dinner Party.
 

7.3 Hosts agree and acknowledge that they are responsible for discharging all of their own tax obligations (including sales taxes) whether these are imposed on a state, local or other level. Dinner Party assumes no obligations whatsoever in this regard. In particular, Dinner Party assumes no responsibility (actual or deemed) to notify or explain to Hosts, or to enquire into, the sales taxes treatment of any Hosts or Hosted Events. 
 

7.4 If Dinner Party so requires for the purposes of its dealings with any tax or regulatory authority, Hosts and Guests shall provide to Dinner Party, promptly on request, any information, data, documentation and/or copies of communications (whether in electronic format or otherwise) which relate to Hosted Events in which they have participated. Hosts shall, promptly on request, provide to Dinner Party all reasonable assistance in any discussion or dispute with any tax authority with respect to sales tax treatment of Hosted Events in which those Hosts have participated. Each Host agrees to indemnify Dinner Party for any sales tax obligations which Dinner Party is required to pay and which arise wholly from Hosted Events hosted by that Host.
 

7.5 You may only make payments in respect of Dinner Party Invitations through the payment processing facilities provided on the Dinner Party Websites, by special arrangement with Dinner Party through its direct booking services or of through a third-party agency that is authorized by Dinner Party to provide those parts of the Dinner Party Services relating to processing payments. Please check with Dinner Party to ensure that any third-party with whom you are dealing is properly authorized by Dinner Party. If the Dinner Party Invitation is transacted through an authorized third-party you may not be required to pay any Dinner Party Fees, but the authorized third-party agent may instead charge an administration fee.
 

7.6 You agree that the sole and exclusive role and responsibility of Dinner Party (and any of its authorized third-party agents) in providing Dinner Party Services relating to processing payments is to arrange the collection of payments from Guests and for the payment of the amounts collected in accordance with these T&Cs (and you agree that they have no other or further liability to you in respect of any payment made).
 

7.7 Payments are made by Guests through selected payment providers. The terms on which the payment providers hold funds are stated in their terms. Dinner Party may receive amounts due to Hosts from payment providers, where it does so such funds will be held in a bank account (separate from Dinner Party’s own trading bank account) until they are transferred to the Host (or, where appropriate, reimbursed to the Guest).
 

7.8 Dinner Party may “round off” numbers to the nearest functional base unit in the relevant currency. Dinner Party uses commercial currency exchange operators and registered users accept the risks in fluctuations in currency exchange rates.
 

8. Insurance, disputes, resolution and refunds

8.1 Guests may need to cancel a Dinner Party Invitation that they have previously accepted, in such cases please contact Dinner Party at accounts@dinnerparty.io. Guests shall qualify for a full refund of the Host’s Charges if (a) the Guest notifies Dinner Party and the Host of cancellation during usual business hours in Hawaii (being 9am to 5pm on weekdays other than public holidays) at least 48 hours before the date on which the relevant Hosted Event is due, or (b) if the Host cancels the Hosted Event for any reason.
 

8.2 We hope all Guests enjoy every Hosted Event, however sometimes things go wrong and if a Guest believes that the Host failed to fulfill an essential obligation of the Hosted Event then the Guest may until midnight on the day following the date on which the relevant Hosted Event was scheduled to take place request that the whole or a part of the payment is refunded by sending an email to accounts@dinnerparty.io specifying the Hosted Event reference, identifying the Host, specifying the amount of the Transaction Fees, saying how much the Guest wishes to be reimbursed and giving as much information as possible in relation to the problem/ relevant failures/ reasons for believing that payment should be refunded.

8.3 If you have a dispute relating to a Hosted Event, we 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: accounts@dinnerparty.io

  • By mail 200 Corporate Drive, Suite 1, Blauvelt, NY 10913
     

8.4 It is important that if, as a Guest, you are not satisfied with a Hosted Event you notify Dinner Party before midnight on the day following the date on which the relevant Hosted Event was scheduled to take place. Once Dinner Party has released funds to the Host, it is unable to offer Guests any remedy.
 

8.5 Following receipt of a refund request Dinner Party may direct that an amount up to the entire value of the Transaction Fees paid by the Guest (less payment transaction costs and any third-party agency fees that Dinner Party is not entitled to recover) is refunded to the Guest. If, however, Dinner Party believes that the complaint is without merit, of limited merit or that Dinner Party is not able to assess the merit of the complaint, then Dinner Party may direct that the whole or any part of the Transaction Fees are paid to the Host and/ or that the balance (if any) is withheld pending resolution of the dispute between the relevant Host and the Guest. If no such resolution has been reached within six months, Dinner Party may direct that 50% of the disputed element of the Host’s Charges is paid to the Host and that 50% of the disputed element of the Host’s Charges is paid to the Guest (and the Dinner Party Fees shall be paid to Dinner Party) or may make such other arrangements as then appear appropriate to it (which may include making payment as directed by a Court of competent jurisdiction).Dinner Party shall have no further or other liability or responsibility to the Host and Guest in respect of any such claim to be refunded. You agree to abide by decisions made by Dinner Party (even if the decision appears perverse to you).
 

8.6 Dinner Party agrees to use reasonable efforts to assess merits of claims and to act in good faith toward Guests and Hosts, however you agree that it has no responsibility or liability to you for any assessment it makes in relation to the merits of any claim between Guests and Hosts or any direction it gives as to the payments to be made to Guests or Hosts in accordance with this clause ‎8 and you also agree that Dinner Party may make or decline refunds and payments pursuant to these T&Cs and that if and to the extent it does so it shall have no further liability or obligation to you or the Host or Guest.
 

8.7 Dinner Party will make refunds to Guests through the same payment facility through which the payment was originally made. Where it is not possible to make such a refund, it will may require other verification before the refund can be processed. The Guest agrees to bear the cost of currency exchanges and risks in fluctuations in currency exchange rates.
 

8.9 By accepting these T&Cs you agree that if Dinner Party has followed the processes mentioned above in good faith it shall have no further or other liability or obligation to you.
 

8.10 Dinner Party Group LLC has not responsibility or liability in respect of any failing by a payment processor or authorized agent.
 

9 Exclusions and limitations to Dinner Party’s responsibility and liability

9.1 You agree by issuing or accepting a Dinner Party Invitation you do not create any relationship with Dinner Party save as expressly provided in these T&Cs. Dinner Party does not control, and has no right to control, your Dinner Party Invitation, your offline activities associated with your Dinner Party Invitation, or any other matters related to any Dinner Party Invitation that you publish.
 

9.2 Registered users are required by these T&Cs to provide accurate information about yourself and only to post reliable and accurate content to the Dinner Party Websites and not, when using the Dinner Party Websites or Dinner Party Services, to make any factually incorrect, fraudulent or misleading statements or representations. By accepting these T&Cs you agree that Dinner Party, its payment providers and/or other partners may request identity verification from you (and you agree to comply with such requests as are reasonable made) and may use other information or resources available to them to verify your identity, to undertake regulatory checks and to help limit improper use of the Dinner Party Websites, Dinner Party Services and other services provided by the payment providers and other partners. Dinner Party does not, however, undertake any obligation to you to undertake any such checks and you agree that Dinner Party does not represent, endorse, guarantee or confirm the identity of any user or the accuracy of any content or representation made by any user or otherwise received from (or communicated in connection with or as a result of) any of the Dinner Party Websites or Dinner Party Services (and by agreeing to these T&Cs you irrevocably agree that except to the extent otherwise expressly agreed by Dinner Party you waive any entitlement to claim reliance on any such representation, endorsement, guarantee or confirmation).
 

9.3 To the extent permitted by law, Dinner Party excludes all conditions, warranties, representations or other terms which may apply to the Dinner Party Websites and Dinner Party Services or any content on them, whether express or implied. Dinner Party will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

9.3.1 Use of, or inability to use, any of the Dinner Party Websites or Dinner Party Services; or

9.3.2 Use of or reliance on any content displayed on any of the Dinner Party Websites or Dinner Party Services.

9.4 Subject as provided in clause ‎8.3, Dinner Party will not be liable for:

9.4.1 Loss of profits, sales, business, or revenue;

9.4.2 Business interruption;

9.4.3 Loss of anticipated savings;

9.4.4 Loss of business opportunity, goodwill or reputation; or

9.4.5 Any indirect or consequential loss or damage.
 

9.5 Dinner Party will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
 

9.6 By using the Dinner Party Websites and Dinner Party Services, you agree that (subject as provided in clause ‎8.3) any legal remedy or liability that you seek to obtain for actions or omissions of other users of the Dinner Party Websites and Dinner Party Services or other third parties will be limited to a claim against the individual or other third party who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Dinner Party with respect to such actions or omissions.
 

9.7 You agree that to the maximum extent permitted by law Dinner Party has no liability or responsibility to you in respect of any general or specific failure, suspension or interruption in any services offered by any of the Dinner Party Websites or error or omission in information or processing provided on or by the Dinner Party Websites or loss of information provided to the Dinner Party Websites.
 

9.8 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by United States law.
 

9.9 Save to the extent that liability may not be excluded by law:

9.9.1 Dinner Party has no liability save to the extent admitted by clauses ‎9.8, ‎9.9.2 and ‎9.9.3;

9.9.2 Dinner Party’s liability to the Host is limited to the amount collected by Dinner Party as agent of the Host in respect of the Hosted Event to which the relevant claim relates and not paid to the Host (or, where appropriate, refunded to the Guest) in accordance with these T&Cs and any amount recovered under the insurance policy referred to in clause ‎8.3; and

9.9.3 Dinner Party’s liability to the Guest is limited to the commission paid to it by the Guest in respect of the Hosted Event to which the relevant claim relates and any amount recovered under the insurance policy referred to in clause ‎8.3.
 

9.10 You agree and confirm that if you choose to use any of the Dinner Party Websites or the Dinner Party Services to enter any arrangement with another person (whether in your capacity as a Guest or as a Host) you should enter an agreement with that other person (that agreement may be or comprise the terms and conditions on which the Dinner Party Invitation is offered and accepted).You agree to adhere to the terms of any such agreement. You acknowledge and agree that you, and not Dinner Party, are responsible for ensuring that each counter-party to any such agreement complies with the terms of that agreement and satisfies any obligations the counter-party has to you.By agreeing to these T&Cs you also agree that Dinner Party is not a party to any agreement between you and any other person (whether as Guests, Hosts, agents or in any other capacity) and that (except to the extent that Dinner Party or any of its agents agrees on and subject to the terms of clause ‎7 and the other provisions of these T&Cs and as part of the Dinner Party Services to arrange the collection, holding and payment of Transaction Fees as part of the Dinner Party Services) Dinner Party has no liability to you or any other person arising from or related to any agreements between Guests and Hosts.
 

9.11Subject to the provisions of clause ‎9, you agree that none of Dinner Party, its directors, employees, agents or other representatives is liable to you for any damage, whether direct or indirect, resulting from use of the Dinner Party Websites or the Dinner Party Services even if Dinner Party has knowledge or has been informed of the likelihood of the occurrence of such damage.
 

10 Cancellation and suspension

10.1 You may terminate your registration at any time by sending us an email from your registered email to accounts@dinnerparty.io
 

10.2 Dinner Party may terminate or suspend your registration for convenience at any time by giving you notice via email to your registered email address.
 

10.3 If your Dinner Party registration is canceled all Hosted Events in respect of which you had issued Dinner Party Invitation will be automatically canceled and all Hosted Events in respect of which you had accepted a Dinner Party Invitation will also be automatically cancelled. Depending on the applicable cancellation policy, an appropriate refund may be issued.
 

11 Miscellaneous 

11.1 You declare and guarantee to Dinner Party that you are a person over 18 years of age and/or having the legal capacity to enter into a contract.
 

11.2 Some portions of the Dinner Party platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use.
 

11.3 If you become aware of any content on any of the Dinner Party Websites that you suspect has been posted in breach of these T&Cs please notify us by email at accounts@dinnerparty.io and include (a) details of the content concerned, (b) information to enable us to locate the content in question on the Dinner Party Website, (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), (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 the owner.
 

11.4 You acknowledge and agree that Dinner Party may store personal and other information about you on your electronic devices in the form of “cookies” and other programs and devices. The use of these solely concerns the functioning of the Dinner Party Website. You acknowledge and agree that if you do not allow or limit the placing of cookies on your devices, this ban or restriction may have an adverse effect on your use of the Dinner Party Websites. You acknowledge and agree that Dinner Party may also store your personal information on computers and servers in Europe and beyond its borders. By using the Dinner Party Website, you acknowledge and agree that Dinner Party may, at its sole discretion store or divulge this information if required to do so by law or if there are serious reasons to think that storage or divulgence of this information is required to conform to a legal procedure.
 

11.5 The publishing director of the Dinner Party Website is the director of Dinner Party, Evan Collier. The Dinner Party Website is hosted by Wix.com and managed by Dinner Party.
 

11.6 For any question relating to the Dinner Party Websites or Dinner Party Services you can contact us by the following means:

11.7 Reference to in these T&Cs to: 

11.7.1 A “person” or “corporation” includes a reference to all legal or natural persons, partnerships, trusts, companies, governments or local authority departments and other bodies and associations (whether corporate or unincorporated);

11.7.2 An individual includes where appropriate his personal representatives;

11.7.3 The singular includes a reference to the plural and vice versa; and

11.7.4 One gender includes each gender (feminine, masculine and neuter).
 

11.8 No failure or delay by Dinner Party to exercise any right or remedy under these T&Cs shall be construed as a waiver of that right or remedy nor shall any single or partial exercise of any right or remedy preclude the further exercise of that right or remedy. No waiver by Dinner Party of any breach of these T&Cs shall be considered as a waiver of a preceding or subsequent breach.The rights and remedies provided in these T&Cs are cumulative and are not exclusive of any rights or remedies provided by law.
 

11.9 These T&Cs and the documents referred to in these T&Cs (as in each case updated from time to time) constitute the whole agreement between you and Dinner Party governing our relations and supersede all other agreements between you and Dinner Party prior to the date of these T&Cs, which shall cease to have any further effect.
 

11.10 If a provision of these T&Cs is held to be illegal or unenforceable, in whole or in part, under an enactment or rule of law, it shall to that extent be deemed not to form part of these T&Cs and the enforceability of the remainder of these T&Cs shall not be affected.
 

11.11 Dinner Party may communicate with you by sending an email to your registered email address. It need only adduce proof that the email was sent, and is not responsible for ensuring that you receive it. 

11.12 These T&Cs shall be governed by and construed in accordance with United States law and Dinner Party and you each agree to submit any dispute, including disputes relating to any non-contractual obligations, which may arise out of, under, or in connection with this agreement to the exclusive jurisdiction of the United States court.

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