Rent A Date For Charity | Terms and Conditions

These Terms & Conditions (Terms) apply to your use of www.rentadateforcharity.com whether you are a registered user or a visitor.

Candidate means a User who has also applied and been accepted by RDC to display their Profile and photographic image on the Website as part of an Auction and to attend a date with the Winner; it also includes Celebrity Candidates;

Celebrity Candidate means Lisa Connell or another individual Candidate who is also a celebrity who has agreed to participate in a Celebrity Auction and a date with the Winner in accordance with these Terms and any other agreement entered into between RDC and the celebrity;

Content means any content, information, messages, photographic images or Profiles submitted by Users;

Designated Charity (ies) means the charitable organisation(s) identified on the Webpages and which support research into brain tumours or which fund treatment or provide support to brain tumour sufferers and their loved ones;

Donor means a person or an organisation which has donated an item, event or services to be auctioned or sold in a fixed-price sale via the Website;

Fee means the one-time non-refundable charge to register as a Candidate as advised on the Webpages from time to time;

Net Bid Payment means the amount paid by the Winner to RDC less all charges applied by PayPal or any other payment method or provider;

Profile means a User’s publicly displayed profile including, without limitation, user name, location information, age, gender, sexual orientation, photographic image and dating preferences;

Service(s) means the Website, the auction facility and any other interactive services available on the Website;

Terms means these terms and conditions, the privacy policy and all other documents referred to herein;

Use / Using means any use of the Website or the Services including, but not limited to, registering as User, a Candidate or a Donor, viewing and updating Profiles or item descriptions, participating in Auctions, uploading, updating or amending Content or Profiles, sending or posting messages to RDC and other Users;

User means any person who registers their details whether as a Bidder, Candidate or Donor.

Winner means the Bidder who has placed a Bid which (i) exceeds the reserve applicable to that Auction; and (ii) which is the highest eligible Bid at the time the Auction closes or the second highest Bid in the event of non-payment by the highest Bidder.

www.rentadateforcharity.com is owned and managed by Rent a Date for Charity Limited with a company registered in England and Wales with company registration number 6360800 and with registered offices at 39 Alma Road, St Albans, AL1 3AT. RDC can be contacted by email at: enquiries@rentadateforcharity.com or by telephone on 020 8368 0486.

RDC IS AN INDEPENDENT COMPANY. RDC IS NOT A REGISTERED CHARITY NOR IS RDC A PARTNER, AGENT OR REPRESENTATIVE OF ANY OF THE DESIGNATED CHARITIES.

To register as a User you must complete the application form and be an individual aged eighteen (18) years old or over, located in the United Kingdom. By registering as a User and by Using the Website you warrant that you have the right, authority and capacity to enter into and be bound by these Terms.

Users who wish to register as Candidates will be required to pay any Fee which may apply from time to time and to provide such further information (including proof of age 18 or above) as RDC may from time to time require. Additional Candidate terms and conditions may also apply.

RDC reserves the right to decline to register Users and / or Candidates at its sole discretion and our decision is final.

On registration you will be asked to select a unique username, RDC reserves the right to reject usernames at its sole discretion. For the sake of privacy and security, this name must not be your own name nor must it be the same as or confusingly similar to the name of any other real person or User.

These Terms do not deal with Auctions relating to items, events or services (Items), if you wish to participate in an Auction or fixed-price sale of an Item whether as a Bidder or as a Donor you are required to accept the supplemental Item Auction & Fixed Price Terms before you will be allowed to participate.

The Website is provided for the personal Use of individual registered Users only. Commercial use is prohibited without the prior written agreement of RDC.

You may only Use the Website and the Services for the purpose of viewing Profiles, participating in Auction and for making date arrangements on completion of an Auction.

You must comply with all U.K., U.S., foreign and local laws and regulations which apply to your Use of the Website and Services in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.

If RDC, in it's sole discretion, considers that your Use of the Website or the Services is in breach of these Terms or if you are making any illegal and/or unauthorised Use of the Website or the Services RDC reserves the right to take any action that it deems necessary, including terminating your User account and, where appropriate, instigating legal proceedings against you.

RDC reserves the right to temporarily suspend your User account or to suspend, vary or permanently withdraw any or all of the Website or the Services at its sole discretion. RDC shall not be liable to you for any such suspension or termination.

RDC is committed to protecting (i) the privacy of Users and Candidates; and (ii) the confidentiality of the information provided to it by Candidates and Users.

RDC is the data controller of your data submitted using the Website. RDC is registered under the Data Protection Act 1998 (DPA) and RDC complies with the DPA in all our dealings with your personal data.

When Using the Website, you hereby consent to RDC processing your personal data in accordance with RDC’s privacy policy available on the Website and you specifically consent to the disclosure of your personal email address to the Winner, Candidate or Donor, as the case may be, at the end of an Auction or Fixed Price Sale in order that arrangements may be made for the date or delivery of the item, event or service (as the case may be).

If you do not wish for your personal information to be disclosed you should not participate in an Auction or Fixed Price Sale.

Unless otherwise advised, RDC will donate a percentage of Net Bid Payments to the Designated Charities. RDC will share the percentage donation between the Designated Charities in such proportions as RDC may at its discretion from time to time determine. The minimum percentage donated by RDC and RDC’s donation policies will be as advised on the Webpages from time to time. The donations to the Designated Charities will normally be sent in an aggregated payment at the end of each quarter.

In some cases, for example in the case of an individual Celebrity Auction, a higher percentage may be donated and where this is the case it will be advised on the Webpages relevant to that specific Auction.

RDC may at its reasonable discretion vary the percentages donated to the Designated Charities at any time upon giving reasonable notice via the Website.

The remainder of the Net Bid Payments (after deduction of the charitable donations) and other income generated by this Website (e.g. Fees and advertising revenue) will be used to meet the administrative costs and expenses incurred by RDC in running the company and managing, maintaining and promoting this Website and, at RDC’s discretion, to promote awareness of brain tumours.

In Auctions which involve Lisa Connell as Candidate, RDC reserves the right to use 100% of the Net Bid Proceeds to fund Ms Connell’s medical treatment, care or support.

By Using this Website, in particular by making a Bid, you agree that RDC shall donate to the Designated Charities or to Ms Connell, where applicable, the percentage advised in these Terms and on the Website at the time you place your Bid payment and you further accept that RDC will retain and use the balance of Net Bid Payments after making the donation at its discretion as described above.

The directors of RDC shall be entitled to change the Designated Charities at any time and from time to time provided that the directors of RDC reasonably believe that the alternative charity or charities promote awareness and / or provide support to brain tumour sufferers or their loved ones. RDC shall not be obliged to notify individual Users of changes in the Designated Charities but shall notify Users of changes via the Webpages.

You are solely responsible for any Content that you publish or display on the Website or that you transmit to other Users via the Services. Your Content and Use of the Website and the Services must not be offensive, illegal or have the potential to violate the rights of, harm or threaten the safety of other Users.

You must not provide any false information in respect of your name, age, gender, sexual orientation, appearance, marital status or location to RDC or other Users nor must you upload any images which include other persons or which have been altered or which contain nudity or any other matter which might be considered offensive or indecent by others. RDC reserves the right at its sole discretion to remove any Content without notice and terminate your Use of the Website.

You must not include in your Profile any personal contact information, including but not limited to telephone numbers, street addresses, last names, URLs or email addresses.

RDC has no obligation to monitor Content and/ or Use of the Website and Services but in the event that RDC does so and if, in it's sole discretion, RDC considers that any Use or Content violates these Terms or is offensive or illegal or has the potential to violate the rights of, harm or threaten the safety of other Users, RDC reserves the right to take any action that it deems necessary, including, but not limited to, deleting such Content, restricting your Use of the Services or terminating your user registration. Some examples of the types of Use that RDC considers to violate these Terms are any Use or Content that:

expresses or implies that any statements made by you are endorsed by RDC;
promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
displays nudity, pornographic or sexually explicit material of any kind;
provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from any person under the age of 18;
promotes any conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes any illegal activities;
promotes illegal or unauthorised copying of another person's copyright work, including but not limited to providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy protect devices, or providing pirated music or links to pirated music files;
provides instructional information about illegal activities, including but not limited to making or buying illegal weapons, violating someone else's privacy or providing or creating computer viruses;
contains restricted or password only access pages, or hidden pages or images (those not linked to from another accessible page);
solicits passwords or personally identifying information from other Users for commercial or unlawful purposes;
involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing or "spamming"
promotes information (including but not limited to your name, location, gender, sexual orientation and photographic image) that you know to be out-of-date, false or misleading;
engages in commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of RDC.

By publishing or displaying any Content on any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to RDC an irrevocable, perpetual, non-exclusive, fully paid, worldwide licence to use, copy, perform, display and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content and to grant and authorise sublicenses of such Content. In respect of any such dealings by RDC and its sub-licensees, you hereby unconditionally and irrevocably waive any moral rights which you may have in the Content under Part 1, Chapter IV of the Copyright Designs and Patents Act 1988 and any similar or corresponding foreign rights.

If you believe that any Content has been posted on the Website which is in breach of any of the prohibitions or which belongs to you or to a third party you should immediately contact RDC at admin@rentadateforcharity.com.

You are solely responsible for your online and offline interactions with other Users. RDC reserves the right, but has no obligation, to monitor any dispute between you and another User.

Should you encounter behaviour either offline or online which may be deemed harmful to other Users you are requested to contact RDC as soon as possible to enquiries@rentadateforcharity.com and we may, if deemed appropriate at our sole discretion, warn, suspend or delete the offending User’s Profile and User access. Please note that RDC and the Designated Charities have no intent or interest in getting involved in domestic or private disputes between Users. We urge you to review the safety guidelines set out at FAQ's

All Bids must be made in accordance with these Terms and any additional Bidding rules published on the Website at the time you make your Bid. RDC reserves the right to reject or subsequently cancel Bids at its sole discretion.

By making a Bid you agree to make payment in full to RDC of the amount of your Bid within 72 hours of the end of the Auction. Arrangements for payment will be as set out in the FAQ or as otherwise notified by RDC.

Candidates have no authority to accept payments and you not make any payments directly to Candidates under any circumstances.

In the event of non-payment RDC may, at its sole discretion, decide whether to re-run the Auction or to declare that the second-highest Bid is the winning Bid. If RDC declares that the second-highest bid is the winning Bid then that second-highest Bidder must make payment within 72 hours of notification that they are the winner.

You cannot withdraw a Bid after it has been made and you are committed to making payment if your Bid is the highest or the next-highest in the case of non-payment by the Winner. This applies even if you are unable to participate in the date for any reason whatsoever.

A reserve Bid may apply to some Auctions. If the reserve Bid is not met at the end of the Auction then the Auction may be re-run at the discretion of RDC.

In the case of any dispute as to the winning Bid RDC’s decision is final. RDC will not enter into correspondence.

Once payment has been received, RDC will notify the Candidate of the Winner’s personal email address (as provided at the time of User registration) and the Candidate will be responsible for contacting the Winner. Save for Celebrity Auction (see special rules below), the Winner and the Candidate must together agree the date arrangements. RDC has no responsibility for date arrangements.

Each of the Winner and the Candidate commit in good faith to make arrangements for and to participate in good spirit in the date and as a matter of courtesy you should make every effort to attend.

If there is an exceptional reason why you cannot attend you should use your best attempts to notify the Candidate or the Winner beforehand, under no circumstances should you send another person in your place.
The Winner and the Candidate are required to adhere to the dating guidelines and best practice which is contained in as well as the safety guidelines: FAQ's.

If you have any genuine concerns about the other person (for example if you think they may have provided false information) or if you are genuinely fearful for your danger you should not attend, however, we would ask that you call us as soon as you are able to discuss your concerns (see About RDC).

The Winner and the Candidate are each responsible for their own travel costs. Unless otherwise agreed, the Winner is responsible for payment of the Candidate’s reasonable costs associated with the date so the Winner should take this into account when making proposals for a date. Payment should be made either in advance (e.g. on-line booking of cinema tickets for both you and the Candidate) or at the time of the date (e.g. at a restaurant on presentation of the bill), please refer to: FAQ's.

The Celebrity Candidate will determine at their sole discretion the date, time and venue for the date. If these arrangements are not suitable for the Winner the Celebrity Candidate will have no obligation to make other arrangements and no alternative Celebrity Candidate will be offered instead.

RDC and the Celebrity Candidate reserve the right to cancel and / or change the date arrangements at their discretion and at short notice. Where possible the Celebrity Candidate shall offer the winning Bidder an alternative date.

The Winner should refer to the relevant Celebrity Candidate Auction pages which will advise about the Winner’s responsibility for the costs associated by the date. In some cases the Winner will be obliged to pay for all of the costs (other than travel costs) of the Winner and the Celebrity Candidate.

RDC reserves the right to re-produce Profiles and associated Content including photographic images in any publicity via local and national press and any other media to promote the Website, brain tumour awareness and RDC’s fundraising objectives. By registering yourself as a User and / or a Candidate you accept the use of your Profile and Content in this manner.

RDC, Celebrity Candidates and / or the Designated Charities may organise photographers, journalists or other media representatives and agents to attend the date for the purposes of taking photographs, making interviews and otherwise recording the events for purposes including (but not limited to) the making of television or other broadcast events, where possible you will be advised of this. By participating as a Bidder or as a Candidate you expressly agree to this and you further agree that any or all of RDC, the Designated Charities and the Celebrity Candidates may use the photographs of you and / or the interviews and / or other recording with or relating to you in any manner and media (including, but not limited to, press, television, radio and internet) at the reasonable discretion of RDC, the Designated Charities or the Celebrity Candidate as the case may be.

The public media is outside of the control of RDC, the Designated Charities and the Celebrity Candidates and even where you have requested that there be no publicity you must accept the inherent risk of press interest in your date and / or any relationship with another User resulting therefrom and RDC, the Celebrity Candidates and the Designated Charities exclude all responsibility and liability in connection with any press coverage surrounding or resulting from your participation in an Auction and / or a date.

You are not entitled to hold yourself out as a representative of RDC, the Designated Charities, Lisa Connell or any of the Celebrity Candidates in any manner nor to use any of their respective names or marks without their prior written consent.

You are not entitled to make any public statements in any form of media (including, but not limited to, press, television, radio, internet chat room, internet blog or internet website) or in any public forum regarding RDC, the Designated Charities, any of the Candidates, Lisa Connell, your Use of this Website or your participation in a date or any resulting relationship with a third party resulting from your Use of this Website without the prior written permission of RDC and the other persons or organisations whose identities are involved.

Without limitation to the above provisions, you are not entitled to enter into any contract or to receive any payment or payment in kind from any newspaper, magazine, television, radio or other media organisation relating to your Use of this Website or your participation in a date resulting from your Use of this Website without the prior written consent of RDC. If you breach this clause and without limitation to RDC’s other rights and remedies under these Terms you will be obliged to pay to RDC any payments or payments in kind which you may have received.

These Terms will remain in full force and effect at all times while you are a registered User of the Services and thereafter until any date has been completed. Some provisions will remain in force after you have ceased to be a registered User where it is necessary to give effect to those provisions, this includes (but is not limited to) the following sections: Data Protection and Privacy, Content, Auction Proceeds, Publicity, Term & Termination, Intellectual Property, Disclaimer & Limitation of Liability, Release & Indemnity, Law and Jurisdiction.

You are entitled to terminate your User account at any time by giving notice to enquiries@rentadateforcharity.com however termination of your User account will not affect your obligation to pay any Bids won prior to the date of termination or where the Auction continues after the date of termination of your User Account and a Bid you placed before your User Termination is the Winning Bid.

RDC may terminate of suspend your User access and Profile at any time at its sole discretion without any liability to you whatsoever.

The intellectual property (copyright, trade marks, patents, design rights etc) associated with the functionality and design of the Website and the Services is either owned by or licensed to RDC. The intellectual property (copyright, trade marks, patents, design rights etc) associated with the Content is either owned by or licenced to RDC or owned by a User.

You must not do anything which may be seen to take unfair advantage of the reputation and goodwill of the Website, RDC, the Designated Charities or the Celebrity Candidates or could be considered an infringement any of the intellectual property rights owned and/or licensed to RDC without first obtaining the written permission of RDC or the owner of the intellectual property.

(i) reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website or Content;
(ii) removing, modifying, altering or using any registered or unregistered marks/logos owned by RDC or any third party.

The Content displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy and to the extent permitted by law, we, our subsidiaries, affiliates, officers, agents, other partners and employees and any third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statue, common law or the law of equity.

All liability for any direct, indirect or consequential loss or damage incurred by any User in connection with our Website, the Services or any User’s participation in a date with another User or in connection with the Use, inability to Use, or results of the Use of our Website or our Services, any websites linked to it and any materials posted on it, including without limitation, any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of good will; wasted time and for any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

We, our subsidiaries, affiliates, officers, agents, other partners and employees and any third parties connected to us are not responsible for;

the conduct of Users either online or offline. Please use caution and common sense when using the Services and meeting other Users. RDC cannot control what happens between Users;
the accuracy or the truthfulness of other Users Profiles or purported identities or the validity of the information which they provide to us or post on the Website;
any circumstances for any act or omission of intermediaries through whom funds are transmitted either from you to RDC or from RDC to the Designated Charities; or
any dissatisfaction you may have regarding the Designated Charities’ use of donations.

RDC accepts no responsibility for the availability, suitability, reliability or content of any third party websites for which links appear on the Webpages and RDC does not necessarily endorse the views expressed within them.
If regardless of the previous paragraphs, we are found to be liable, our liability and the liability of other members of our group of companies, our employees, directors and third parties connected to us shall be limited in any 12 month period to the greater of: (a) the total fees you have paid to us; and (b) £100.

If you have a claim or right of action against any other User arising from that User's Use of the Services or in relation to your participation in a date with another User or in any resulting relationship, you agree to pursue such claim or action independently of and without any demands from RDC, its subsidiaries, affiliates, officers, agents, other partners and employees and any third parties connected to RDC, and you release RDC its subsidiaries, affiliates, officers, agents, other partners and employees and any third parties connected to RDC, from all claims, liability and damages arising from or in any way connected to such claim or action.

If a claim or action is brought against RDC its subsidiaries, affiliates, officers, agents, other partners and employees and any third parties connected to RDC arising from your activities or Use of the Services, including any breach by you of these Terms or any charges or complaints made by other parties against you, or in relation to your participation in or your failure to participate in a date or your failure to pay the costs associated with your participation in a date (including Celebrity Candidate costs), or arising out of or in connection with your conduct or behaviour towards any other User or in relation to any relationship which may arise between you and any other User, you agree to pay, hold harmless and defend RDC its subsidiaries, affiliates, officers, agents, other partners and employees and any third parties connected to RDC in the claim or action.

If you link to the Website you must do so in a way that is fair and legal and does not take advantage of RDC’s reputation or that of our subsidiaries, affiliates, officers, agents, other partners and employees and any third parties connected to us. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of RDC where none exists. You must not establish a link from any website which is not owned by you.

You must not frame the Website on any other website, nor may you create a link to any part of the Website other than the home page without RDC’s written permission. RDC reserves the right to withdraw linking permission without notice at its sole discretion.

If you wish to make any use of material on this Website other than expressly permitted in these Terms please address your request to: admin@rentadateforcharity.com.

RDC may alter or amend these Terms, the Fees and any other documents at any time by updating these pages or the other relevant pages of our Website and you should check these pages and the other applicable pages regularly as by making continued Use of our Website the changes will be binding on you. Certain provisions in these Terms may be superseded by other terms located on particular Webpages.

These Terms shall be governed by and construed in accordance with the laws of England.You irrevocably submit to the exclusive jurisdiction of the courts of England to settle any dispute which may arise out of or in connection with these Terms.

These Terms do not create any rights under the Contracts (Rights of Third Parties) Act 1999 ("Act") which are enforceable by any person who is either not a party to them or who is not a provider of the relevant goods and/or services.

You may print and keep a copy of these Terms, which form the entire agreement between you and RDC and supersede any other communications or advertising with respect to the Website.

Failure by RDC to enforce these Terms does not constitute a waiver of such right.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

RDC will not incur any liability to any User on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of RDC. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, riots, acts of war, earthquakes, fire and explosions.

The headings in these Terms are for reference only and shall not limit the scope of extent of these Terms.
These Terms are personal to you and you may not assign your rights or obligations to anyone else. RDC may transfer or assign our rights and obligations in the Website and under these Terms at any time and without restriction.

Any notices to be given either by you or by RDC to or in connection with these Terms or any other documents referred to in these Terms shall be deemed sufficiently given by RDC to you when forwarded by e-mail or facsimile transmission in each case addressed to you at the address you have given us with you registered as a User, or such other e-mail address as you may later provide to us, and when given by you to us at the following address: admin@rentadateforcharity.com.