ChariTable Bookings application and site is comprised of various pages operated by THE MOVEMENT 365 Ltd, (the Company) and published by Free Holdings.
The site and app are offered to you conditional on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the app and site constitutes your agreement to all such terms, conditions, and notices, including our Privacy Policy.
General Terms of Service
The Company provides an app and site where users can search restaurants so that they can book with them directly by phone or online. By honouring their reservation, they will raise funds for their chosen UK registered charity on receipt of payment from the restaurant, at no cost to the user.
The app and site do not sell any products and is not a party to any transaction or any agreement a user (Diner) may make with a Restaurant with regard to any food, product or service offered by such Restaurant.
Entries in The Prize Draw are gifted to users. Activating entries into The Prize Draw is not a condition of app use, and the Privacy Policy and Terms and Conditions that apply to The Prize Draw appear on www.theprizedraw.com.
The Company reserves the right to update and change the Terms of Service and the Privacy Policy from time to time without notice. Any features added to the current Accounts, including the release of new and updated features (the "Changes"), shall be subject to the Terms of Service. Continued use of an Account after any Changes shall constitute consent to such Changes.
Account Terms
To access certain functions of the Site or app, you must register as a User by providing certain current, complete, and accurate information about yourself. As part of the registration process, you will select a password and provide a valid email address as a User ID. You also have to give us certain registration information, all of which must be accurate and updated.
You may not: (i) select or use a User ID of another person with the intent to impersonate that person; (ii) use a User ID in which another person has rights without such person's authorisation; or (iii) use a User ID that the Company, in its sole discretion, deems offensive. Failure to provide any requested information may delay or prevent the creation of an Account.
You represent that: (a) the information you submit is truthful and accurate and that you have not misrepresented your identity; (b) you will update your contact information if it changes so that we can contact you; (c) your use of the Site or app and your use of services available on the Site or app do not violate any applicable law or regulation; (d) you are 18 years of age or older. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your Account. You shall be responsible for maintaining the confidentiality of your password.
You shall notify the Company of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password or other information.
You are responsible for maintaining the security of your password. The Company is not liable for any loss that you may suffer through the use of your password by others. You agree to notify the Company immediately of any unauthorised use of your Account or of any other breach of security known to you with respect to the Site or app or your Account. You agree to report any violations of this Agreement by others to the Company.
You are responsible for all usage or activity on your Account, including use of the account by any third party authorised by you to use your User ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at the Company's sole discretion, and the Company may refer you to appropriate law enforcement agencies. Accounts may be issued to individuals who are 18 years of age or older, who are not under any legal disability and who agree to abide by these Terms of Service and the Privacy Policy. Accounts not meeting these requirements will be terminated. Accounts registered by "bots" or other automated methods are not permitted and will be deleted.
The Company does not sell, license or endorse any of the Restaurants participating or listed on the Site or app and does not act as an agent of sale or an agent of any merchant or provider of food, products or services. The Company does not have and will not assume any responsibility for, or liability related to, any food, products and services offered, sold or provided by the Restaurants participating or listed on the Site or app. You should direct any questions, complaints or claims related to any food, product or service to the appropriate Restaurant.
The Company does not warrant that products or descriptions, or any other content of the Site or app is accurate, complete, reliable, current or error-free. Site or app content is provided for informational purposes only and the Company shall have no liability for inaccuracy or incompleteness in product or service content, user ratings or commentary, or other content on the Site or app. The Company is not responsible or liable for any food, products, services, information or other materials displayed, purchased, or obtained by a Guest from the Restaurant or the Site or app. The Company does not endorse, warrant or guarantee the food, products or services of any Restaurant, including, without limitation, any prices, promotions, programs, policies, services, or other information posted by any Restaurant.
The Company is not liable for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the information. The Company is not liable for any acts or omission of acts of ChariTable Bookings or any Restaurant on the site or app. You assume the entire risk as to the accuracy, adequacy, completeness, currency, validity and quality of any information relating to the food, products or services provided to you by a Restaurant.
Any information on the Site or app can change without notice.
ChariTable Bookings assumes no liability, obligation or responsibility in connection with any transactions between a Guest and any Restaurant(s), including, but not limited to, failure by either party to keep a reservation, Restaurant's knowledge (or lack thereof) of any Guest's food allergies, injuries and/or damages sustained or caused by a Guest at a Restaurant, a Guest's or any employee's behaviour at a Restaurant or the quality of the food, service and products at a Restaurant. If a Guest has a dispute with a Restaurant or any third party, all parties release the Company (and its agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
The Services may permit Guests to submit reviews, comments, and ratings, send emails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to restaurants and other third parties (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libellous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g. foreign objects in food, food poisoning, etc.). Guests may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. ChariTable Bookings reserves the right (but has no obligation) to monitor, remove, or edit User Content in ChariTable Bookings’s sole discretion, including if User Content violates any ChariTable Bookings Policies, but please note that ChariTable Bookings may or may not regularly review submitted User Content. ChariTable Bookings takes no responsibility and assumes no liability for any User Content submitted by any User or third party.
ChariTable Bookings commits to removing any malicious review flagged by the Restaurant within a reasonable period of time.
Links to Other Site or app
The Site or app may provide links to third-party web sites ("Third-Party Site or app"). This Terms of Service Agreement governs only this Site or app and not any Third-Party Site or app. The Company's decision to link to a Third-Party Website is not an endorsement of the content or services in that linked Third-Party Website. The Company may not own or operate the Third-Party Website, and it has not reviewed, and cannot review, all of the material, including goods or services, made available through Third-Party Site or app. The Company expressly disclaims any responsibility for the content, the accuracy of the information and any products or services available on the Third-Party Site or app. If you decide to access a linked Third-Party Site or app, you do so at your own risk.
The Company reserves the right and the Users agree that any information in an Account designated as "Public" may be used by the Company for promotional uses. External search engines may also index such Public information.
Use of an Account does not grant a User a license to any software contained in, or used by, the Account. Users agree not to, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at, or through, the Account or any software, documentation, or data related to the Account; remove any proprietary notices or labels from the Account or any Software, modify, translate, or create derivative works based on the Account or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Account or any Software. The Account shall be used for a User's business or personal purposes only, as the case may be, and a User shall not use the Account or any Software for the benefit of a third party. If a User is using the Account in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect a User's rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
Intellectual Property Rights
The Users acknowledge and agree that any and all Company or Restaurant names and logos related to the Account and the Company or Restaurant and all related product and service names, design marks and slogans, are the property of the Company, the Restaurant or their affiliates or suppliers, as the case may be (collectively, the "Marks"). By agreeing to these Terms of Service, the Users agree not to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of the Company or the applicable Restaurant. The Users have no title or ownership in the Account, the Software or the Marks (other than their own Marks) and no other rights in the Account, the Software or the Marks. All ownership rights remain in the Company, the Restaurant or their third party suppliers, as the case may be. The Users agree to comply with all intellectual property laws and shall not encumber any interest in, or assert any rights to, the Marks (other than their own). The User may not reverse engineer, reverse assemble, decompile or disassemble, reproduce, modify, transmit, participate in the sale or transfer of, or create derivative works based on any Marks, in whole or in part.
By registering for an Account, each Restaurant agrees and grants the Company the right to use for these Site or app and other related purposes, all images, menus, logos, content and other information that may be found on the Restaurant's own web sites.
Termination
ChariTable Bookings, in its sole discretion, has the right to suspend or terminate any User's Account and refuse any and all current or future use of the Account, or any other service of the Company, at any time for any reason, including, but not limited to, violation of these Terms of Service. In the event of termination of a Restaurant's Account by ChariTable Bookings due to a breach by the Restaurant of these Terms of Service (including without limitation non-payment of sums due to The Company after proper demand for payment) this will result in the forfeiture and relinquishment of all data and content in said Account to the Company with effect from termination, following which the Company may use such data and content in its sole discretion in any manner it sees fit, subject to the terms of the Privacy Policy.
The Company may at its discretion delete any of a User's archived data within thirty (30) days after the date of termination.
Indemnification
All Users agree to indemnify and hold the Company, its subsidiaries, affiliates, officers and employees, and service providers harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of a User's use of the Sites, the User's violation of this Agreement, or the User's infringement of any intellectual property or other right of any person or entity. Even though prohibited, people may provide information that is offensive, false, harmful, or deceptive. The Company assumes no responsibility or liability whatsoever for such content or actions.
Copyright & Use
The ChariTable Bookings software and any other software or Site or app that are made available to you by ChariTable Bookings in connection with this Agreement ("Software") are the copyrighted work of The Company and/or its affiliates, partners and/or suppliers. The Company hereby grants to you, the User, a personal, non-transferrable, revocable, limited license to use the Software solely during the term hereof, solely as required to use the products and provided under this Agreement ("Services") pursuant to the terms hereof, and for no other purpose. By using the Software, you agree to be bound by the terms and conditions of this Agreement.
Please note that all Software, including without limitation all HTML code, controls and other scripts and all intellectual property rights of any kind contained therein, and any improvements or modifications thereto, is owned by The Company and/or its partners or suppliers and is protected by copyright laws and international treaty provisions. Law expressly prohibits any other reproduction or redistribution or use of the Software other than as expressly authorized herein. Without limiting the foregoing, you may not reverse engineer, de-compile, disassemble, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell the Software, other than as expressly permitted by this Agreement. Any rights not expressly granted herein are reserved.
ChariTable Bookings may use the Restaurant's name and logo as a client reference, in its client list, case studies, and in other promotional information, including, but not limited to, press releases, brochures, and electronic media such as e-mail or web pages.
Confidentiality
In the performance of this Agreement, ChariTable Bookings may disclose, or the Restaurant may have access to, confidential or proprietary information owned by The Company ("Confidential Information"). Confidential Information includes, but is not limited to, any data or information, oral or written, that relates to ChariTable Bookings or its business activities, technology, developments, Software, methods, trade secrets or clients. Restaurants shall maintain the Confidential Information in strict confidence and shall not disclose to any third party, publish or copy any part of the Confidential Information. Restaurants shall use the Confidential Information solely for the purpose of performing its obligations under this Agreement. Confidential Information does not include information that: (i) is publicly available or in the public domain at the time disclosed, (ii) is rightfully communicated to the Restaurant by persons not bound by confidentiality obligations with respect thereto, (iii) is already in the Restaurant's possession free of any confidentiality obligations with respect thereto, or (iv) is required to be disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the Restaurant gives reasonable prior notice to ChariTable Bookings to contest such order or requirement. Upon the termination or expiration of this Agreement, or at any time upon request, the Restaurant shall return to ChariTable Bookings, or certify the destruction of, all Confidential Information.
Warranties & Liability
You acknowledge that The Company makes no representations or warranties, express or implied, regarding the Service, Software or partner site or app, including, without limitation, that any of them will be error free or operate without interruption, and all representations, undertakings, warranties, terms and conditions, whether express or implied, by statute, common law or otherwise, are excluded to the fullest extent permitted by law, including, without limitation, warranties of title, merchantability, accuracy or fitness for a particular purpose. Except as provided in this Agreement, The Company shall not be liable to you for any claims whatsoever, including, but not limited to, those arising from loss of profits, business, revenue, goodwill, anticipated savings and/or any other indirect, special or consequential loss or damage whether arising under contract, negligence or otherwise out of or in connection with the Service. The pages contained in partner site or app may contain technical inaccuracies and typographical and other errors. The information in these pages may be updated from time to time and may at times be incorrect or out of date. We accept no responsibility for keeping the information in these pages accurate or up to date or liability for any failure to do so.
Restaurant Billing
Restaurants will be billed monthly.
Charity Payments
Charity payments will be made every 6 months unless the funds received from restaurants totals more than £500, in which case funds will be distributed at that point. Funds can only be distributed upon receipt from participating restaurants.
Registration Details
ChariTable Bookings features a standard listing. Restaurants added to our directory are informed within a few business days of being published. If a Restaurant requests removal from ChariTable Bookings, this request will be honoured within a reasonable time. Similarly, listing amendments will be made on the basis of the information supplied by the Restaurant, provided it accords with the site style, functionality and content.
Modification
The Company may at any time modify these terms and conditions. Any modifications will become effective by posting the modified terms and conditions on the site.
Guest Data and Usage
Please refer to our Privacy Policy.
Force Majeure
Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations (other than your payment obligations) are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, acts of war or terrorism, shortage of materials or supplies, failure of transportation or communications or of suppliers of goods or services, or any other cause beyond the reasonable control of such party.
General
The laws of the United Kingdom govern this Agreement. You hereby consent to the exclusive jurisdiction of the British courts in all disputes arising out of or relating to this Agreement.
The Company may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder. You agree that the parties hereto are independent contractors, and no joint venture, partnership, employment, or agency relationship exists between you and ChariTable Bookings as a result of this Agreement.
General Limitation of Liability
Under no circumstances will the Company be liable for any injuries, death, loss or damage caused by your use of the sites, including any software, materials, content, food, products and/or services provided or use or reliance on information obtained through the Site or app. It is your responsibility to evaluate the accuracy, completeness, or usefulness of the Site or app and the resources, materials, content and software provided therein. In no event shall the Company be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or relating to the sites or this Agreement, whether based on warranty, contract, tort, or any other legal theory. Because some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential, incidental or other damages, in such jurisdictions the company's liability is limited to the greatest extent permitted by law. Your sole remedy for dissatisfaction with the Site or app is to stop using the Site or app.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE SITE OR APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NONE OF THE COMPANY, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE "COMPANY PARTIES") GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITES. NONE OF THE COMPANY PARTIES WARRANT THAT THE SITE OR APP WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY SPECIFIC INFORMATION THAT IS REQUESTED WILL BE PROVIDED OR THAT THE SITE OR APP OR THEIR SERVER(S) ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITES AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR SERVICES IS ASSUMED SOLELY BY YOU.
NONE OF THE COMPANY PARTIES MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE SITE OR APP AND ANY OF THE INFORMATION, SOFTWARE AND OTHER MATERIALS THEREIN, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, SOFTWARE, MATERIALS AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR APP IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIALS AND/OR DATA.
The Users expressly understand and agree that neither the Company nor its affiliates shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute food, goods and services resulting from any food, goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorised access to or alteration of the Users' transmissions or data; (iv) statements or conduct of any third party on the service; (v) termination of the Users' Accounts; or (vi) any other matter relating to the Accounts. In the event that, notwithstanding the foregoing, the Company is found liable to a User for damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), the liability of the Company to the User will be limited to the amount that the User paid for his/her/its Account.
General Conditions
The User agrees that their use of the Accounts is at their sole risk. The Service is provided on an "as is" and "as available" basis.
The User must not modify, adapt or hack the Accounts or modify another web site so as to falsely imply that it is associated with the Accounts, the Company, or any other Company service.
The User agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Accounts, use of the Accounts, or access to the Accounts without the express written permission of the Company.
The Company may, but have no obligation to, remove content, and Accounts containing content, that it determines in its sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any intellectual property rights or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Company customer, employee, member, or officer will result in immediate Account termination.
The User understands that the technical processing and transmission of the Accounts, including their content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The User must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
The User must not transmit any worms or viruses or any code of a destructive nature.
The Company does not warrant that (i) the Accounts will meet the User's specific requirements, (ii) the Accounts will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Accounts will be accurate or reliable, (iv) the quality of any food, products, services, information, or other material purchased or obtained by the Users through the Sites will meet their expectations, and (v) any errors in the Accounts will be corrected.
The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
The Terms of Service constitutes the entire agreement between the Users and the Company and govern the use of the Accounts, superseding any prior agreements between the Users and the Company (including, but not limited to, any prior versions of the Terms of Service).
Unless otherwise provided, the Terms of Service shall be governed by the laws of England and Wales without effect to its conflict of laws provisions.
The Terms of Service and all of its terms and provisions are binding upon the heirs and personal representatives of the Users and the successors and assignees of the Company; provided, however, no assignment by the Users of their rights and/or interests in and to these Terms of Service shall be permitted without the prior written consent of the Company.
Questions about the Terms of Service should be communicated to [email protected]