Terms and Conditions

Please take your time to ensure you understand our terms and conditions.

T&C's

THIS DOCUMENT (TOGETHER WITH THE ORGANISER TERMS AND CONDITIONS, THE PRIVACY POLICY AND ANY OTHER DOCUMENTS REFERRED TO IN IT OR ANY OF THE FORGOING DOCUMENTS) SETS OUT THE TERMS AND CONDITIONS THAT GOVERN USE OF THIS WEBSITE, WWW.YDAP.ORG.UK, BY ANY PERSON WHO VISITS OR USES IT.

1. DEFINITIONS AND INTERPRETATION

In this document the following words shall have the meaning set out unless the context requires otherwise:

1.0 “Organiser” means Youth Provision organiser; the person/s, organisation/s who is hosting the Event or Youth Provision or the ticket provider “User” means the person’s using the site to claim a ticket”

1.1 Claim” means the purchase of a ticket before donations made

1.2 ”Donation” means the monies carried over to Y-DAP/ www.YDAP/ www.ydap.org.uk from the booking fees or monies directly offered to a specific organisation via Y-DAP/ www.YDAP/ www.ydap.org.uk.

1.3 “Booking Fee” means the non-refundable fee charged by Y-DAP and payable by the User for every Ticket sold. The Booking Fee is set as percentage of the Price of a Ticket and will be made known to the User when the User places an order for the Ticket;

1.4 “Event or Youth Provision Date” means the date specified by the organiser as being the date on which the Event or Youth Provision will take place;

1.5 “Event or Youth Provision ” means any Event or Youth Provision which is being promoted by an Organiser and which the Organiser wishes to be promoted on the Y-DAP Website;

1.6 Event or Youth Provision” means any occasion being promoted by the Organiser and listed as an Event or Youth Provision on the Website;

1.7 “Website” means this Website, Y-DAP/ www.ydap.org.uk and Y-DAP;

1.8 “Terms” means these terms and conditions, the Organiser Terms and Conditions, the Privacy Policy and any other documents referred to in any of the forgoing documents;

1.9 “ youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website ” means all electronic youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website issued by Y-DAP/ www.ydap.org.uk which may be used to gain access to an Event or Youth Provision. Unless otherwise specified, all youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website issued on the Site shall be electronic youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website / “e- youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website ” and shall be delivered by email to the User;

1.10 “User” means any person who visits or uses the Website;

1.11 “Y-DAP/ www.ydap.org.uk” means trading as Y-DAP, a company registered in England and Wales and whose registered address and registration number is as follows: 49 Longstone Ave, NW10 3UN; 10387166, its successors in title, permitted assigns and permitted transferees;

1.12 A “person” includes any person, firm, company, corporation, any association, trust or partnership (whether or not having separate legal personality) or two or more of the forgoing;

1.13 For the avoidance of doubt, any rights reserved by Y-DAP/ www.ydap.org.uk may be exercised by Y-DAP/ www.ydap.org.uk in its absolute discretion unless otherwise specified;

1.14 Headings to clauses are injected for direction only and shall not affect the meaning or interpretation in any part of the Terms;

1.15 In these Terms, words denoting the singular include the plural and vice versa;

1.16 References in these Terms to clauses are references to the clauses of this Agreement shall have effect as if set out herein.

2.0 ABOUT THE SITE

2.1 The Site is owned and operated by Y-DAP LTD trading as Y-DAP/ www.ydap.org.uk a company registered in England and Wales and whose registered address and registration number is as follows: 49 Longstone Ave, NW10 3UN; 06891954 (“Y-DAP/ www.ydap.org.uk”).

2.2 The Website/ app provides online box office, social networking services and fundraising services.

3.0 AGREEMENT

3.1 By visiting or using the Site, the User agrees to be bound by the Terms.

3.2 Y-DAP/ www.ydap.org.uk will post any changes to the Terms on the Website. It may also, at its sole discretion, notify registered Users of any such changes via email. Y-DAP reserves the right to modify the Terms at any time and in any manner it considers appropriate without notice to the User.

3.3 Modifications to the Terms will be effective from the instant the modified Terms are posted on the Website. All persons who continue to visit or use the Website once the modified Terms have been posted will be considered to have notice of the changes.

3.4 The User will be considered to have unconditionally accepted the modified Terms if the User continues visiting or using the Site after the modified Terms have been posted. Therefore, the User must stop visiting or using the Site if the User refuses to accept the modified Terms.

3.5 Y-DAP reserves the right to, at its absolute discretion, refuse service to any User at any time and for any reason including, but not limited to, any breach of the Terms. Y-DAP reserves the right to terminate a User’s access to the site, cancel any Ticket orders, terminate any services used by the User, delete any profiles and/or take any other appropriate legal and/or technical action against that User.

4.0 USE OF THE SITE

4.1 The Website is intended for non-commercial and personal use. The User must not visit or use the Website for any other purpose except for those stated in the Terms and youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website are limited to 6 Tickets per person.

4.2 Unless otherwise specified, all content and software found on the Website is the property of Y-DAP/ www.ydap.org.uk and/or any other person so designated by Y-DAP/ www.ydap.org.uk.

4.3 Any information or content given to the User by Y-DAP/ www.ydap.org.uk is done by way of a non-exclusive licence to be used for personal use only and not for commercial use.

4.4 The User is not authorised to access or retain any of the contents of the Website for any reason whatsoever or save for personal use.

4.5 The User shall not use any content on the Website for any purpose other than for the purposes of reviewing Event or Youth Provisions and any information related to Event or Youth Provisions, and where applicable, purchasing youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website for personal use, unless otherwise specifically authorised by Y-DAP/ www.ydap.org.uk to do so.

4.6 The User shall not use any content on the Website for any purpose other than for the purposes of reviewing Event or Youth Provisions and any information related to Event or Youth Provisions, and where applicable, selling and purchasing of per owned Tickets for personal use, unless otherwise specifically authorised by Y-DAP/ www.ydap.org.uk to do so.

4.7 The User shall not use any content on the Website for any purpose other than for the purposes of reviewing Event or Youth Provisions and any information related to Event or Youth Provisions, and where applicable, the User can donate funds to specific youth provisions located only on the Y-DAP/ www.ydap.org.uk Website unless otherwise specifically authorised by Y-DAP/ www.ydap.org.uk to do so.

4.8 The User excepts that a donation from the booking fee will be transferred to youth provisions on the Y-DAP/ www.ydap.org.uk Website, and donations will be allocated by Y-DAP/ www.ydap.org.uk youth forums unless otherwise specified by Y-DAP/ www.ydap.org.uk or Y-DAP/ www.ydap.org.uk.

4.9 The Website is intended for use by persons who are customarily resident in the United Kingdom. In using the Website, all Users agree to abide by the laws of England and Wales including but not limited to laws regarding online conduct and acceptable content. Any User not resident in the United Kingdom must comply with this clause 4.5, 4.6,4.7 as well as the laws of the country where they are resident. Further any such User agrees that Y-DAP/ www.ydap.org.uk reserves the right to refuse orders from outside the United Kingdom. No such orders outside United Kingdom will be accepted, Y-DAP/ www.ydap.org.uk reserves the right to place any restrictions it deems fit on such orders.

4.10 The User must not use the Website for any unlawful, illegal or otherwise unconstitutional purpose.

4.11 Y-DAP/ www.ydap.org.uk reserves the right to remove any information or content from the Website which it determines violates these Terms without notice to the User. Such information or content includes but is not limited to any information or content which it determines to be defamatory, fraudulent, libellous, obscene, threatening, unlawful, or otherwise objectionable, or infringes or violates another person’s intellectual property or other proprietary rights.

4.12 The User must and will not use the Website to:

4.13 Abuse, harm, offend, threaten or violate the rights of any person, organisation, or entity and must be deemed to be conducting themselves in a manner of equal opportunity.

4.14 Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libellous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically, Absence of discrimination, based on race, color, gender, national origin, religion, or mental or physical disability. or otherwise objectionable material or information.

4.15 Submit information belonging to a third party without that third party’s prior expressed consent.

4.16 Disseminate any unwanted or unlicensed information or engage in any other form of such solicitation save as approved by Y-DAP/ www.ydap.org.uk in writing.

4.17 Disseminate any information which infringes the intellectual or proprietary right of any other person.

4.18 Attempt to modify, change, or reverse engineer any portion of the Website, or transmit any materials that contain software viruses in any form or programs that are designed to limit or destroy the functionality of any computer hardware or software.

4.19 Create a false or misleading identity for the purpose of misleading others as to the User’s identity or the origin of a message or otherwise collect information about other Users.

5.0 BOX OFFICE AND SOCIAL NETWORKING

5.1 The User may use the services provided on the Website from time to time in accordance with the Terms.

6.0 BOX OFFICE

6.1 The User may purchase youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website to attend Event or Youth Provisions listed on the Website only.

6.2 In order to purchase youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website, or donate the User must be:

6.3 capable of entering into legally binding contracts.

6.4 In addition to clause 6.2 above, the User must also complete the registration process on the Website, for both purchases and donations. The Privacy Policy sets out information on how data supplied in this process is used.

6.5 The User shall be responsible for providing registration information which is true, accurate and complete. The User shall also be responsible for ensuring that this information remains true, accurate and complete at all times.

6.6 As part of the registration process, the User will be required to select a password and username. The User shall be responsible for keeping this password safe and secure and for all activities which occur under the chosen username.

6.7 Y-DAP/ www.ydap.org.uk reserves the right to refuse any registration which in any manner breaches the Terms.

6.8 In purchasing a Ticket Beverages & Merchandise tokens to the Event or Youth Provision, the User agrees to and accepts that:

6.9 Y-DAP/ www.ydap.org.uk is selling the Ticket on behalf of the Organiser. For the avoidance of doubt, Y-DAP/ www.ydap.org.uk is acting as the agent of the Organiser in respect of the sale of youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website.

6.10 Any contract arising out of the sale of a Ticket shall be between the Organiser and the User. The User also agrees to and accepts that all youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website may also be subject to further limitations imposed by the Organiser. It shall be the User’s responsibility to be aware of and comply with any such limitations.

6.11 When a User places an order to purchase youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website. Once an order has been placed, the User will receive an e-mail from Y-DAP/ www.ydap.org.uk acknowledging receipt of the order and donation.

6.12 Y-DAP/ www.ydap.org.uk reserves the right to either accept or reject the offer. Any such offer is also subject to acceptance where suitable by the relevant Organiser.

6.13 Y-DAP/ www.ydap.org.uk, in its absolute discretion, may cancel, delay or reject any order which:

6.14 contains insufficient information needed to process the order;

6.15 contains information which cannot be verified by Y-DAP/ www.ydap.org.uk;

6.16 or is being used to disseminate a fraud or any other unlawful activity.

6.17 An order by a User will be deemed as accepted when Y-DAP/ www.ydap.org.uk sends the User an email confirming acceptance and/or when the youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website and Contributions are sent to the User via email.

6.18 Youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website may only be purchased for personal use. The User may not purchase youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website as part of any form of business or commercial activity and in particular, youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website may not be resold or offered for resale by anyone whether at a premium or for any other trade purposes. Resales will only be accepted though the Website. Once an order has been placed, the new purchasing User will receive an e-mail from Y-DAP/ www.ydap.org.uk acknowledging receipt of the order and donation. The previous User will receive an email of the complete transaction. The new User will have to submit a new donation and the Previous User will not be reimbursed for the previous donation submitted. Failure to comply with this clause will be treated as a breach of the Terms. Y-DAP/ www.ydap.org.uk reserves the right to cancel youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website used in any manner contrary to these Terms. Furthermore Y-DAP/ www.ydap.org.uk will not be liable for any losses whatsoever which arise as a result of a breach of this clause.

6.19 In purchasing youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website to an Event or Youth Provision, the User and any person who uses the Ticket(s) agrees and consents to being photographed and/or filmed at any or all Event or Youth Provisions purchased on the Website.

7.0 THE USERS RESPONSIBILITIES 

7.1 Ensuring that all Ticket details are correct both at the time when the order is placed and when the youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website are delivered;

7.2 Any loss, theft or damage once the youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website have been dispatched;

7.3 Determining whether an Event or Youth Provision has been cancelled and any rescheduled dates have been set. If an Event or Youth Provision is cancelled the User may be offered youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website for a rescheduled date. Y-DAP/ www.ydap.org.uk shall use practical actions to inform the User of any cancellation once it receives notification of the same from the Organiser;

7.4 Arriving at the Event or Youth Provision on time. Y-DAP/ www.ydap.org.uk does not guarantee the User entry to the Event or Youth Provision;

7.5 Arriving at the Event or Youth Provision, entry is at the discretion of the Organiser

7.6 Complying with all relevant statutes and venue regulations including age restrictions and safety announcements whilst attending an Event or Youth Provision. The venue and/or Organiser reserves the right to refuse admission or re-admission. In the Event or Youth Provision this occurs, the User will not be entitled to a refund from Y-DAP/ www.ydap.org.uk and will be an issue to be resolved between the User and the Organiser;

7.7 Ordering youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website in plenty of time to allow for delivery;

7.8 Ensuring that any email addresses provided to Y-DAP can receive emails from the Y-DAP/ www.ydap.org.uk domain. Y-DAP shall not be responsible for undelivered youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website. It is the User’s responsibility to ensure that emails from Y-DAP/ www.ydap.org.uk are not blocked by the User’s Internet Service Provider.

7.9 Where so detailed, youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website may be sent to the User in hard copy form via post. Where this is the case, Y-DAP/ www.ydap.org.uk will endeavour to post youth provisions purchased on the Website with plenty of time for their arrival prior to the Event or Youth Provision. However, it is the User’s responsibility to order the youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website in plenty of time to allow for delivery. Otherwise all youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website shall be delivered electronically by email once Y-DAP/ www.ydap.org.uk has completed the Order.

7.10 Without bias to the previous, Y-DAP/ www.ydap.org.uk reserves the right to make the youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website accessible for collection at the venue immediately prior to the Event or Youth Provision. Where this is done, Y-DAP/ www.ydap.org.uk shall attempt to notify the User of the same.

7.11 Y-DAP/ www.ydap.org.uk reserves the right to restrict the number of youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website sold for an Event or Youth Provision to any maximum number it deems fit using any of the following criteria but not limited to the same: per person, per credit card or per household. Y-DAP/ www.ydap.org.uk reserves the right to cancel youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website purchased in excess of this number without prior notice to User.

7.12 All youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website and donations may be printed from the order page as soon as the order is complete.

7.13 In order to redeem youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website, the User must attend the Event or Youth Provision and provide the Organiser with the following:

7.14 A copy of the e-ticket, showing the unique booking reference; where youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website have been sent in accordance with clause 7.9, a copy of the purchase details and where clause 7.10 applies, a print-out of the order form; and

7.15 The credit/debit card which was used to purchase the youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website.

7.16 Failure to provide the information required in clause 7.15 above will invalidate the Ticket, not the donation.

8.0 PRICE

8.1 The price of any youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website will be as quoted on the Website from time to time.

8.2 These prices include VAT and donations but exclude delivery costs, which may be added to the total amount due.

8.3 Y-DAP/ www.ydap.org.uk shall charge and the user shall pay a Booking Fee (comprising of donation) for each Ticket sold in addition to the price of the Ticket.

8.4 Y-DAP/ www.ydap.org.uk reserves the right to change prices at any time and shall notify the User of any such change. Y-DAP/ www.ydap.org.uk also reserves the right to charge other fees in relation to box office services. Y-DAP/ www.ydap.org.uk shall notify the User of any such charges before payment is taken.

8.5 Y-DAP/ www.ydap.org.uk reserves the right to cancel youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website. Where appropriate, a refund may be provided.

9.0 REFUND POLICY

9.1 youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website cannot be exchanged or refunded after purchase unless the Event or Youth Provision is cancelled.

9.2 5 If an Event or Youth Provision is cancelled, the affected User will be offered youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website to any rescheduled Event or Youth Provision (subject to availability) up to the face value of the youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website (where the price for the rescheduled Event or Youth Provision is higher than the Ticket price) or, if the User is unable to attend the rescheduled Event or Youth Provision or the Event or Youth Provision is not rescheduled a refund of value of the Ticket, minus donations shall be given to the User.

9.3 The Organiser reserves the right to alter or vary the Event or Youth Provision and the User shall not be entitled to any refund or exchange of the youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website except in the circumstances outlined in this clause.

9.4 Requests for refunds as a result of a rescheduled Event or Youth Provision covered by this clause 9.0 should be made in writing to refund@Y-DAP/ www.ydap.org.uk, no later than 12 hours before the start of the rescheduled Event or Youth Provision.

10.0 SOCIAL NETWORKING

10.1 The social networking service provided by Y-DAP/ www.ydap.org.uk on the Website shall consist of but shall not be limited to providing registered Users with the opportunity to:

10.2 Review and comment on past, present and upcoming Event or Youth Provisions.

10.3 View photographs of past Event or Youth Provisions.

10.4 Share information concerning past, present and future Event or Youth Provisions including but not limited to photographs, audio and video files.

10.5 The User shall be solely responsible for any information it submits to be posted on the Website and Y-DAP/ www.ydap.org.uk reserves the right to remove any information posted by Users which, in its absolute discretion, constitutes a breach of the Terms.

10.6 Y-DAP/ www.ydap.org.uk does not claim any proprietary rights whatsoever in any information whatsoever posted on the Website by the User. However, the User warrants it possesses all proprietary rights or consents needed to use this information in this manner and further holds harmless and promises to indemnify Y-DAP/ www.ydap.org.uk against any action howsoever arising in relation to information posted by that User.

10.7 The User also Contributions Y-DAP/ www.ydap.org.uk all consents necessary to modify any information posted on the Website in order to ensure that the quality of the Website is maintained including any future promotions.

11.0 RISK AND OWNERSHIP

11.1 Where youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website are sent by post, those youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website shall be at the User’s risk from the time of dispatch from Y-DAP/ www.ydap.org.uk.

11.2 Otherwise, youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website shall be at the User’s risk from the time the order is completed.

11.3 Ownership of youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website will only pass to the User when Y-DAP/ www.ydap.org.uk receives full payment of all sums due in respect of the youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website, including delivery charges where applicable.

11.4 Posted youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website may be sent by standard 1st class, or Recorded First Class. The user is aware and accepts that these delivery methods are not ensured against loss or non-delivery. If the User so requests, Y-DAP/ www.ydap.org.uk may, at the User’s discretion and cost, arrange for youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website to be sent by Special Delivery. If a Tickets, Beverages or Merchandise tokens, as well as youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website is non-replaceable and the User needs to claim for non-delivery or loss, the User may contact Royal Mail customer services.

12.0 LIABILITY

12.1 Liability for any losses suffered as a result of breach of contract on the part of Y-DAP/ www.ydap.org.uk is limited to the purchase price of the youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website in question.

12.2 Clause 13.1 above shall not apply in respect of:

12.3 death or personal injury caused by Y-DAP/ www.ydap.org.uk negligence;

12.4 section 2(3) of the Consumer Protection Act 1987;

12.5 fraud or fraudulent misrepresentation; or

12.6 any matter for which it would be illegal to exclude, or attempt to exclude liability.

12.7 Y-DAP/ www.ydap.org.uk shall not be liable for any losses where an Event or Youth Provision is cancelled by the Event or Youth Provision Organiser or any other third party.

13.0 NOTICES AND WRITTEN COMMUNICATION

13.1 The User accepts that communication with Y-DAP/ www.ydap.org.uk will be predominately electronic and that Y-DAP/ www.ydap.org.uk will contact the User by e-mail or provide information by posting notices on the Website. The User hereby agrees that all information communicated by Y-DAP/ www.ydap.org.uk to the User, including but not limited to contracts, shall comply with any legal requirement that such communications be in writing. For the avoidance of doubt the forgoing shall apply in respect of any laws require that some of the information Y-DAP/ www.ydap.org.uk sends to the User should be in writing.

13.2 Any communication to be given to Y-DAP/ www.ydap.org.uk in connection with the matters contemplated by the Terms shall be given to Y-DAP, Roundwood Yooiuth Centre, 49 Longstone Ave, NW10 3UN. Without prejudice to the forgoing and for the avoidance of doubt, Y-DAP/ www.ydap.org.uk does not accept electronic service of any legal documents. Any communication to be given to the User by Y-DAP/ www.ydap.org.uk shall either be by way of the e-mail address or the postal address provided to the Website.

13.3 The User shall be believed to have received and been properly served with the communication immediately once it is posted on the Website, 24 hours after an e-mail is sent, or three days after the letter has been posted. In proving the service of any notice, it will be sufficient to show, in the case of a letter, that delivery by hand was made or that the envelope containing the communication was properly addressed and posted in a pre-paid envelope and, in the case of an e-mail that said e-mail was sent to the specified e-mail address of the addressee.

14.0 TRANSFER OF RIGHTS AND OBLIGATIONS

14.1 The Terms represent the agreement between Y-DAP/ www.ydap.org.uk and the User and is binding on both parties and on their respective beneficiaries and disperses.

14.2 Y-DAP/ www.ydap.org.uk may at any time, without the consent of the User, assign or transfer the whole or any part of its rights under the Terms to any person.

14.3 The User may not assign any of its rights or transfer any of its obligations under the Terms or enter into any transaction which would result in any of these rights or obligations passing to another person without obtaining the prior written consent of Y-DAP/ www.ydap.org.uk.

15.0 FORCE MAJEURE

15.1 A Force Majeure Event or Youth Provision means Acts of God, unforeseeable circumstances that prevent from fulfilling the contract, such as outbreak of hostilities, riot, civil disturbance, acts of terrorism, acts of any government or authority, fire, explosion, flood, fog, power failure, national industrial disputes and any other circumstance whatsoever beyond the reasonable control of Y-DAP/ www.ydap.org.uk.

15.2 Y-DAP/ www.ydap.org.uk will not be liable or responsible for any failure to perform, or delay in performance/ routine of, any of its obligations under the Terms that is caused by Event or Youth Provision organiser outside its reasonable control (Force Majeure Event or Youth Provision).

15.3 Performance by Y-DAP/ www.ydap.org.uk under any contract shall be suspended for the period that the Force Majeure Event or Youth Provision exists.

16.0 WAIVER

16.1 No delay or omission on the part of Y-DAP/ www.ydap.org.uk in exercising any right or remedy under the Terms shall impair that right or remedy or operate as or be taken to be a waiver of it, nor shall any single partial or defective exercise by Y-DAP/ www.ydap.org.uk of any such right or remedy preclude any other or further exercise under the Terms of that or any other right or remedy.

16.2 Without prejudice to clause 16.1 above, a waiver by Y-DAP/ www.ydap.org.uk of any default shall not constitute a waiver of any subsequent default.

16.3 No waiver by Y-DAP/ www.ydap.org.uk of any of the Terms shall be effective unless it is expressly stated to be a waiver and is communicated to the Event or Youth Provision Organiser in writing in accordance with clause 8 above.

17.0 SEVERABILITY

17.1 Each of the provisions of the Terms is severable. If any of the provisions of the Terms are determined by any competent authority to be illegal, invalid, unlawful or unenforceable in any respect under the law of England and Wales, such provision will to that extent be severed from the remaining provisions and the legality, validity or enforceability in that jurisdiction of the remaining provisions of this Agreement as appropriate, shall not in any way be affected or impaired thereby.

18.0 ENTIRE AGREEMENT

18.1 These Terms represent the entire agreement between Y-DAP/ www.ydap.org.uk and the User in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between Y-DAP/ www.ydap.org.uk and the User, whether oral or in writing.

18.2 Y-DAP/ www.ydap.org.uk and the User each acknowledge that, in entering into a contract, neither party has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between them prior to such Contract except as expressly stated in the Terms.

18.3 Y-DAP/ www.ydap.org.uk intends to rely upon these Terms in relation to the subject matter of any contract. While Y-DAP/ www.ydap.org.uk accepts responsibility for statements and representations made by its duly authorised agents, it is the User’s responsibility to ask for any variations from the Terms to be confirmed in writing.

19.0 DISCLAIMER

19.1 Y-DAP/ www.ydap.org.uk disclaims the following in relation to the Site:

19.2 That it will be uninterrupted, error-free or secure;

19.3 That it will meet the User requirements;

19.4 That all errors and/or defects will be corrected;

19.5 That it will always be available are free of viruses or other harmful components;

19.6 That any results the User obtain from using or visiting the website will be correct, accurate or otherwise reliable.

19.7 To the extent that is permissible by law, the User agrees that using or visiting the website is entirely at the User’s risk and Y-DAP/ www.ydap.org.uk cannot be held liable for any losses howsoever arising in connection with the use of the Site.

19.8 The Site and all information contained in it are delivered on an “As-Is” and “As-Available” basis.

19.9 Y-DAP/ www.ydap.org.uk disclaims all warranties whether express or implied and shall not be liable for any damages of any kind arising from use of the Website.

19.10 Y-DAP/ www.ydap.org.uk disclaims all liability for the acts or omissions of any third party related to their use of the Site including all Event or Youth Provision Organisers, venues, performers or other third party referenced on the Site. The User may report misconduct of other Users to Y-DAP/ www.ydap.org.uk at complaint@Y-DAP/ www.ydap.org.uk.

19.11 Y-DAP/ www.ydap.org.uk may at its sole discretion investigate any such complaint but shall not be obliged to do so.

19.12 The website may contain links to other external websites. Y-DAP/ www.ydap.org.uk does not give any undertaking that products or services purchased from those websites linked to the website will be of satisfactory quality, and any such warranties are disclaimed absolutely. This does not affect the User’s statutory rights against any such websites.

20.0 LAW AND JURISDICTION

20.1 The Terms shall be governed by English law and Y-DAP/ www.ydap.org.uk and the User agree to submit to the exclusive jurisdiction of the courts of England and Wales in respect of any disputes which may arise in relation to the Terms.

20.2 Contracts for the purchase of youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.

EVENT PROMOTER OR YOUTH PROVISION ORGANISER TERMS AND CONDITIONS

THIS DOCUMENT (TOGETHER WITH THE GENERAL TERMS AND CONDITIONS, THE PRIVACY POLICY AND ANY OTHER DOCUMENTS REFERRED TO IN IT OR ANY OF THE FORGOING DOCUMENTS) SETS OUT THE TERMS AND CONDITIONS THAT GOVERN USE OF THIS WEBSITE, Y-DAP/ www.ydap.org.uk BY ANY PERSON WHO WISHES TO USE THE SITE FOR THE PURPOSE OF PROMOTING AN EVENT OR YOUTH PROVISION , SELLING YOUTH PROVISIONS PROMOTED BY Y-DAP/ www.ydap.org.uk ON THE WEBSITE TO AN EVENT OR YOUTH PROVISION , TRACKING TICKET SALES FOR AN EVENT OR YOUTH PROVISION OR SOCIAL NETWORKING.

1) DEFINITIONS AND INTERPRETATION

In this document the following words shall have the meaning set out unless the context requires otherwise:

1.1 “Booking Fee” means the non-refundable fee charged by Y-DAP/ www.ydap.org.uk and payable by the User for every Ticket sold. The Booking Fee is set as percentage of the Price of a Ticket and will be made known to the User when the User places an order for the Ticket;

“Contributions” means the non-refundable fee Contribution to Youth provision/s promoted on Website.

1.2 “Event or Youth Provision Date” means the date specified by an Event or Youth Provision Organiser as being the date on which the Event or Youth Provision shall take place;

1.3 “Event or Youth Provision Promotion” means any Event or Youth Provision which is being promoted by an Event or Youth Provision Organiser and which the Event or Youth Provision Organiser wishes to be so promoted on the Website;

1.4 “Event or Youth Provision Organiser” means the third party who is either organising or promoting the Event or Youth Provision or otherwise responsible for the Event or Youth Provision and contracting with Y-DAP/ www.ydap.org.uk for the Event or Youth Provision to be promoted through the Website;

1.5 “User Seller” means the user who has previously purchased a ticket and made a donation on Website, and has for reasons unknown returned to the Website to re-sell ticket. To a new User.

1.6 “New User” or “Newly Allocated User” means the new purchasing Ticket or Beverage holder.

1.7 “Event or Youth Provision ” means any gathering being promoted by the Event or Youth Provision Organiser and listed as an Event or Youth Provision Promotion on the Website;

1.8 “Fees” means any amount of money charged by Y-DAP/ www.ydap.org.uk and payable by the Event or Youth Provision Organiser in accordance with the Terms;

1.9 “Privacy Policy” refers to the document which sets out how Y-DAP/ www.ydap.org.uk will use information supplied by the Event or Youth Provision Organiser and the User;

1.10 “Website” means this website, www.Y-DAP/ www.ydap.org.ukYouth.org;

1.9 “Terms” means these terms and conditions, the General Terms and Conditions, the Privacy Policy and any other documents referred to in any of the forgoing documents;

1.11 ” Youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website ” means all electronic Youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website issued by Y-DAP/ www.ydap.org.uk which may be used to gain access to an Event or Youth Provision. Unless otherwise specified, all Youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website issued on the Site shall be electronic Youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website / “e- Youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website ” and shall be delivered by email to the User;

1.12 “User” means any person who visits or uses the Site;

1.13 “Y-DAP/ www.ydap.org.uk ” means Your Organiser Limited trading as www.Y-DAP/ www.ydap.org.uk, a company registered in England and Wales and whose registered address and registration number is as follows: 49 Longstone Ave, NW10 3UN; 10387166, its beneficiaries in title, permitted assigns and permitted transferees;

1.14  A “person” includes any person, firm, company, corporation, any association, trust or partnership (whether or not having separate legal personality) or two or more of the forgoing;

A “Contributionee”, “You” and “Your” means the person (individual) or organisation that we have given a Contribution to.

1.15 “We”, “us” and “our” means Y-DAP/ www.ydap.org.uk and includes our employees and those acting for us.

1.16 The “Youth Provision” and “Provision” means the Provision or activity that we have agreed to give You a Contribution for, as set out in Your application form or proposal together with any supporting documents such as budget information, a timetable and any other documents that set out how Your Provision will be managed (‘the Provision Proposal’).

1.17 The ‘Contribution Agreement’ includes and incorporates:

1.4.1. these standard terms and conditions;

1.4.2. the Offer Letter which sets out any additional conditions;

1.14 For the avoidance of doubt, any rights reserved by Y-DAP/ www.ydap.org.uk may be exercised by Y-DAP/ www.ydap.org.uk in its absolute discretion unless otherwise specified;

1.15 Headings to clauses are inserted for guidance only and shall not affect the meaning or interpretation of any part of the Terms;

1.16 In these Terms, words denoting the singular include the plural and vice versa; words importing the masculine shall include the feminine and neuter and vice versa; and

1.17 References in these Terms to clauses are references to the clauses of this Agreement shall have effect as if set out herein.

2) ABOUT THE SITE

2.1 The Site is owned and operated by Your Organiser Limited (Y-DAP/ www.ydap.org.uk) trading as Y-DAP a company registered in England and Wales and whose registered address and registration number is as follows: 49 Longstone Ave, NW10 3UN 10387166 (“Y-DAP/ www.ydap.org.uk “).

2.2 The Website provides the Event or Youth Provision Organiser and User with an online box office together with the tools capable of trading beverages and merchandise, also promoting Event or Youth Provisions, as well as service to receive donations and Contributions and tracking Ticket sales for Event or Youth Provisions as well as social networking services.

3) AGREEMENT

3.1 By completing the registration form on the Website, the Event or Youth Provision Organiser agrees to be bound by the Terms.

3.2 Y-DAP/ www.ydap.org.uk reserves the right to change the Terms at any time and in any manner it deems fit without notice to the Event or Youth Provision Organiser. Y-DAP/ www.ydap.org.uk will post any changes to the Terms on the Website. It may also, at its sole discretion, notify Event or Youth Provision Organisers of any such changes via email.

3.3 Changes to the Terms will be effective from the moment the modified Terms are posted on the Website. All Event or Youth Provision Organisers who continue to visit or use the Website once the modified Terms have been posted will be deemed to have notice of the changes.

3.4 The Event or Youth Provision Organiser will be deemed to have unconditionally accepted the modified Terms if the Event or Youth Provision Organiser continues visiting or using the Website after the modified Terms have been posted. Therefore, the Event or Youth Provision Organiser must stop visiting or using the Website if the Event or Youth Provision Organiser refuses to accept the modified Terms.

3.5 Y-DAP/ www.ydap.org.uk reserves the right to, at its absolute discretion, refuse service to any Event or Youth Provision Organiser at any time and for any reason including, but not limited to, any breach of the Terms. Y-DAP/ www.ydap.org.uk reserves the right to terminate an Event or Youth Provision Organiser’s access to the site, cancel any Ticket orders, terminate any services used by the Event or Youth Provision Organiser, delete any profiles and/or take any other appropriate legal and/or technical action against that Event or Youth Provision Organiser.

4) USE OF THE SITE

4.1 The Event or Youth Provision Organiser must not visit or use the Website for any other purpose except for those stated in the Terms.

4.2 Unless otherwise specified, all content and software found on the Website is the property of Y-DAP/ www.ydap.org.uk and/or any other person so designated by Y-DAP/ www.ydap.org.uk.

4.3 Any information or content given to the Event or Youth Provision Organiser by Y-DAP/ www.ydap.org.uk is done by way of a non-exclusive licence to be used for the Event or Youth Provision Organiser to use to promote the Event or Youth Provision on the Website and for no other purpose.

4.4 The Event or Youth Provision organiser is not authorised to access or retain any of the contents of the Website for any reason whatsoever save for the purpose as stated in the Terms. The Event or Youth Provision Organiser shall not use any content on the Website for any purpose other than for the purposes of reviewing Event or Youth Provisions and any information related to Event or Youth Provisions, and where applicable, monitoring Ticket, beverage or merchandise sales, unless otherwise specifically authorised by Y-DAP/ www.ydap.org.uk to do so.

4.5 The Website is intended for use by Users who are ordinarily resident in the United Kingdom. In using the Website, all Event or Youth Provision Organisers agree to abide by the laws of England and Wales including but not limited to laws regarding online conduct and acceptable content. Any Event or Youth Provision Organiser not resident in the United Kingdom must comply with this clause 4.4 as well as the laws of the country where they are resident. Further any such Event or Youth Provision Organiser agrees that Y-DAP/ www.ydap.org.uk reserves the right to refuse orders from outside the United Kingdom. Where such orders are accepted, Y-DAP/ www.ydap.org.uk reserves the right to place any restrictions it deems fit on such orders.

4.6 The Event or Youth Provision Organiser must not use the Website for any illegal, unlawful or otherwise unauthorised purpose including but not limited to encouraging others to engage in illegal or unlawful activities.

4.7 Y-DAP/ www.ydap.org.uk reserves the right to remove any information or content from the Website which it determines violates these Terms without notice to the Event or Youth Provision Organiser. Such information or content includes but is not limited to any information or content which it determines to be defamatory, fraudulent, libellous, obscene, threatening, unlawful, or otherwise objectionable, or infringes or violates another person’s intellectual property or other proprietary rights.

4.8 The Event or Youth Provision Organiser must not use the Site to:

4.8.1 Abuse, harm, offend, threaten or violate the rights of any person or entity.

4.8.2 Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libellous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.

4.8.3 Submit information belonging to a third party without that third party’s prior express consent.

4.8.4 Disseminate any unsolicited or unsanctioned information or engage in any other form of solicitation save as authorised by Y-DAP/ www.ydap.org.uk in writing.

4.8.5 Disseminate any information which infringes the intellectual or proprietary right of any other person.

4.8.6 Attempt to modify, change, or reverse engineer any portion of the Site, or transmit any materials that contain software viruses in any form or programs that are designed to limit or destroy the functionality of any computer hardware or software.

4.8.7 Create a false or misleading identity for the purpose of misleading others as to the Event or Youth Provision Organiser’s identity or the origin of a message or otherwise collect information about other Users.

5) BOX OFFICE AND SOCIAL NETWORKING

5.1 The Event or Youth Provision Organiser may use the services provided on the Website from time to time in accordance with the Terms.

5.2 BOX OFFICE

5.2.1 The Event or Youth Provision Organiser may advertise, promote and sell Youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website to Event or Youth Provisions listed on the Site.

5.2.2 In order to take advantage of clause 5.2.1 above, the Event or Youth Provision Organiser must be:

5.2.2.1 at least 18 years of age as at the date of registration or where the Event or Youth Provision Organiser is a body corporate, partnership or trust, the Event or Youth Provision Organiser must be properly incorporated and/or constituted; and

5.2.2.2 capable of entering into legally binding contracts.

5.2.1 The User may re-promote and re-sell Tickets or Beverages tokens, as well as Youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website to Event or Youth Provisions listed and previously purchased on the Website. This service will only be accessible 48 hours before the Event.

5.2.2 In order to take advantage of clause 5.2.1 above, the User Seller and New User must be:

5.2.2.1 18 years of age as at the date of registration or where the Event or Youth Provision was purchased, partnership or trust, the Event or Youth Provision must have been previously purchased on the website; and

5.2.2.2 capable of entering into legally binding contracts.

The contract of purchase of a re-sale will be between the User and the newly allocated User and have no binding contract from Y-DAP/ www.ydap.org.uk

5.2.3 In addition to clause 5.2.2 above, the Event or Youth Provision Organiser & User selling ticket must also complete the registration process on the Website. The Privacy Policy sets out information on how information supplied in this process is used.

5.2.4 The Event or Youth Provision Organiser & User Seller shall be responsible for providing registration information which is true, accurate and complete. The Event or Youth Provision Organiser shall also be responsible for ensuring that this information remains true, accurate and complete at all times.

5.2.5 As part of the registration process, the Event, Youth Provision Organiser or User Seller will be required to select a password and username. The Event or Youth Provision Organiser shall be responsible for keeping this password safe and secure and for all activities which occur under the username.

5.2.6 Y-DAP/ www.ydap.org.uk reserves the right to refuse any registration which in any manner breaches the Terms.

5.2.7 In taking advantage of the services provided by the Website, the Event or Youth Provision Organiser agrees to and accepts that:

5.2.7.1 Y-DAP/ www.ydap.org.uk is acting as the agent of the Event or Youth Provision Organiser in respect of the sale of Youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website. Y-DAP/ www.ydap.org.uk is selling the Ticket on behalf of the Event Promoter

5.2.7.2 Any contract arising out of the sale of a Ticket, beverage or merchandise token shall be between the Event or Youth Provision Organiser and the User.

Any contract arising out of the sale of a re-sale Ticket or beverage token shall be between the User Seller and Newly Allocated User, additional to this contact the Newly Allocated User will also be have an additional booking fee added for the transaction.

Additional charges will be made accessible to the Newly Allocated User before purchase

5.2.7.3 It is the Event or Youth Provision Organiser’s responsibility to provide Y-DAP/ www.ydap.org.uk with a copy of any restrictions applicable to the Event or Youth Provision if any.

5.2.7.4 When an Event or Youth Provision Organiser submits an Event or Youth Provision Promotion to Y-DAP/ www.ydap.org.uk, that Event or Youth Provision Promotion shall be treated as an offer being made by that Event or Youth Provision Organiser to Y-DAP/ www.ydap.org.uk to take advantage of the services provided by Y-DAP/ www.ydap.org.uk in relation to the Event or Youth Provision in question.

5.2.7.5 Y-DAP/ www.ydap.org.uk reserves the right to either accept or reject the Event or Youth Provision Promotion.

5.2.7.6 In addition to clause 5.2.7.5 above, Y-DAP/ www.ydap.org.uk, in its absolute discretion, may cancel, delay or reject any Event or Youth Provision Promotion which:

5.2.7.6.1 contains insufficient information needed to process the Event or Youth Provision Promotion;

5.2.7.6.2 contains information which cannot be verified by Y-DAP/ www.ydap.org.uk; or

5.2.7.6.3 is being used to perpetuate a fraud or any other unlawful activity.

5.2.7.7 An Event or Youth Provision Promotion by an Event or Youth Provision Organiser will be deemed as accepted when Y-DAP/ www.ydap.org.uk sends the Event or Youth Provision Organiser an email confirming acceptance.

5.2.7.8 Y-DAP/ www.ydap.org.uk shall prepare a sales account in relation to the Event or Youth Provision and any other Event or Youth Provisions the Event or Youth Provision Organiser may have with Y-DAP/ www.ydap.org.uk at any given time (the “Dashboard”). The Dashboard will allow the Event or Youth Provision Organiser to among other things monitor sales and promote the Event or Youth Provision on the Website.

5.2.7.9 Unless otherwise specified, the Youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website shall be in electronic form (“youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website “). The Event or Youth Provision Organiser shall be responsible for ensuring that all Youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website sold via the Website are honoured at the Event or Youth Provision. Furthermore Y-DAP/ www.ydap.org.uk will not be liable for any losses whatsoever which arise as a result of a breach of this clause.

5.2.7.10 Fees will be payable by the Event or Youth Provision Organiser where the Event or Youth Provision Organiser wishes to take advantage of the Y-DAP/ www.ydap.org.uk Email Distribution and Advertising services as well as any other services not included in the service outlined above.

5.2.7.11 Email Distribution describes the service whereby Y-DAP/ www.ydap.org.uk sends email marketing message (“Message”) approved in advance by the Event or Youth Provision Organiser to its list of opt-in subscribers. It is the responsibility of the Event or Youth Provision Organiser to confirm the draft Message in time for Y-DAP/ www.ydap.org.uk to distribute the Message. Y-DAP/ www.ydap.org.uk will use all reasonable endeavours to send the Message at the time requested by the Event or Youth Provision Organiser. However, Y-DAP/ www.ydap.org.uk will not be held responsible for any delays not within its reasonable control.

5.2.7.12 The Message must not contain any software or information capable of being used for the purpose of tracking exposure and/or receipt of messages.

5.2.7.13 Y-DAP/ www.ydap.org.uk will not consent to any Advertising which, in its absolute discretion, contains inappropriate artwork from the Event or Youth Provision Organiser. An Event or Youth Provision Organiser shall not be entitled to a refund of any Fees incurred in relation to the Advertising and/or Email Distribution where that Event or Youth Provision Organiser fails to meet the Y-DAP/ www.ydap.org.uk requirements in relations to Advertising by the deadline for submission of the same.

5.2.7.14 The Message and/or Advertising must not contain logos, links or references to websites which Y-DAP/ www.ydap.org.uk may in its absolute discretion, determine are competitors or not deemed appropriate.

5.2.7.15 The Event or Youth Provision Organiser is associated with the Event or Youth Provision , has the right and authority to advertise and promote the Event or Youth Provision and in relation to the number of Youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website allocated for sale by Y-DAP/ www.ydap.org.uk, the Event or Youth Provision Organiser warrants that the number of Youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website allocated to Y-DAP/ www.ydap.org.uk for sale corresponds with the number of places available at the Event or Youth Provision .

5.2.7.16 Y-DAP may take steps to verify the authenticity and accuracy of information provided by an Event or Youth Provision Organiser from time to time. However, Y-DAP/ www.ydap.org.uk cannot and does not confirm the claimed identity of Users or the validity of information posted on the Website by Users.

5.2.8 The User shall also be responsible for:

5.2.8.1 Ensuring that all details pertaining to the Event or Youth Provision are correct both at the time when the Event or Youth Provision Promotion is submitted to Y-DAP/ www.ydap.org.uk and when the same is published by Y-DAP/ www.ydap.org.uk on the Site;

5.2.8.2 Ensuring that the venue where the Event or Youth Provision is being held has all the relevant information regarding to the Youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website including any promotions or concessions being Contributioned through the Website;

5.2.8.3 Determining whether an Event or Youth Provision has been cancelled and any rescheduled dates have been set;

5.2.8.4 Using the Site in order to maximise promotion and Ticket sales. Y-DAP/ www.ydap.org.uk will not be responsible for any losses suffered as a result of the Event or Youth Provision Organiser’s failure to use the Website correctly. Y-DAP/ www.ydap.org.uk will offer full technical support as required by the Event or Youth Provision Organiser during normal working hours;

5.2.8.5 Complying with all relevant legislation and venue rules and regulations including age restrictions and health & safety announcements whilst organising or promoting the Event or Youth Provision;

5.2.8.7 Ensuring the Event or Youth Provision is a real Event or Youth Provision within the United Kingdom; is listed only once on the Website; does not contain incorrect spelling and grammar; and ensuring the Event or Youth Provision Promotion is not be a reposting of unsuitable Promotions;

5.2.8.8 Ensuring that any email addresses provided to Y-DAP/ www.ydap.org.uk can receive emails from the Y-DAP/ www.ydap.org.uk domain and hyperlinks are correct. It is the Event or Youth Provision Organiser’s responsibility to ensure that emails from Y-DAP/ www.ydap.org.uk are not blocked by the Event or Youth Provision Organiser’s Internet Service Provider.

5.2.8.9 Ensuring that any information provided by Y-DAP/ www.ydap.org.uk in relation to the Users is used only in accordance with the Terms and the Privacy Policy. For the circumvention of uncertainty, the Event or Youth Provision Organiser shall not use any information about the User provided to it by Y-DAP/ www.ydap.org.uk for any other reason save for that specified by Y-DAP/ www.ydap.org.uk and in agreement with the terms and the Privacy Policy.

5.2.9 The Event or Youth Provision Organiser must update the Promotion within 48 hours of an Event or Youth Provision being cancelled or re-scheduled.

5.2.10 Certain Events or Youth Provision Promotions are suitable, at Y-DAP/ www.ydap.org.uk’s discretion, for increased promotion throughout the Website on the payment of a Fee for the same which will be determined by Y-DAP/ www.ydap.org.uk from time to time. The Fee must be paid in advance of the Event or Youth Provision Promotion going live.

5.2.11 The Event or Youth Provision Organiser agrees to have the Event or Youth Provision Promotion appear on other websites selected by Y-DAP/ www.ydap.org.uk from time to time. Y-DAP/ www.ydap.org.uk will advise the Event or Youth Provision Organiser in writing with details of the external sites chosen to promote the Event or Youth Provision. Y-DAP/ www.ydap.org.uk shall have at least one working week to set up the Event or Youth Provision Promotion on external sites.

5.2.12 The Event or Youth Provision Organiser agrees and accepts that external sites may have dissimilar page formats and as a result it may not be possible to include all the information and images submitted to Y-DAP/ www.ydap.org.uk.

5.2.13 The content of external sites may change from time to time without announcement. No refunds will be issued in the event that Y-DAP/ www.ydap.org.uk can no longer publish Event or Youth Provision on external sites that were listed at the time when the Event or Youth Provision Promotion was submitted.

5.2.14 Y-DAP/ www.ydap.org.uk has no control whatsoever over the level of service, quality, accuracy and downtime of external websites and accepts no liability whatsoever arising for any damage or loss that may arise as a result of an Event or Youth being listed on external websites.

5.3 PRICE

5.3.1 In consideration of the services provided by Y-DAP/ www.ydap.org.uk to the Event or Youth Provision Organiser the Event or Youth Provision Organiser authorises Y-DAP/ www.ydap.org.uk to charge the Booking Fee & contribution and promises to pay those Fees incurred from time to time.

5.3.2 Y-DAP/ www.ydap.org.uk will not charge the Event or Youth Provision Organiser for the Event or Youth Provision Listing but may charge for any additional services utilised by the Event or Youth Provision Organiser and described in these Terms.

5.3.3 An Event or Youth Provision Organiser listing will be turned live within one working day of receipt of payment of any Fees due.

5.3.4 Y-DAP/ www.ydap.org.uk reserves the right to keep all proceeds of sale received from Ticket sales until 7 days after the Event or Youth Provision, or as long as takes for Y-DAP/ www.ydap.org.uk to satisfy itself that the Event or Youth Provision Organiser has taken place and that all necessary identity/fraud checks have been carried out. Following this, Y-DAP/ www.ydap.org.uk shall forward all to the Event or Youth Provision Organiser proceeds less the Booking Fee, any refunds and any other outstanding Fees payable to Y-DAP/ www.ydap.org.uk.

5.3.5 Y-DAP/ www.ydap.org.uk reserves the right to keep all proceeds from contributions until 30 days or until youth provision has supplied the necessary governance documents and banking details. Following this, Y-DAP/ www.ydap.org.uk shall forward designated contributions to the Youth Provision Organiser.

5.4 REFUND POLICY

5.4.1 Without prejudice to clause 5.3.4 above, the following shall apply in relation to Youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website sold for the Event or Youth Provision Organiser:

5.4.1.1 Youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website cannot be exchanged or refunded after purchase unless the Event or Youth Provision Organiser.

5.4.1.2 If an Event or Youth Provision is cancelled, the affected User will be offered Youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website to any rescheduled Event or Youth Provision Organiser (subject to availability) up to the face value of the Youth provisions promoted by Y-DAP/ www.ydap.org.uk on the Website (where the price for the rescheduled Event or Youth is higher than the Ticket price) or, if the User is unable to attend the rescheduled Event or Youth Provision is not rescheduled a refund of the face value of the Ticket shall be given to the User.

5.4.2 The following shall apply in relation to services rendered by Y-DAP/ www.ydap.org.uk to the Event or Youth Provision Organiser:

5.4.2.1 Once an Event or Youth Provision Organiser listing has gone live on the Site, Y-DAP/ www.ydap.org.uk shall be deemed as having delivered the services in accordance with these Terms.

5.4.2.2 Any refunds shall be at the sole discretion of Y-DAP/ www.ydap.org.uk.

5.4.2.3 Without prejudice to clause 5.4.2, no refunds shall be given in respect of:

5.4.2.3.1 temporary or permanent loss of service howsoever arising, including but not limited to a loss of service due to the Site being unavailable for whatever reason;

5.4.2.3.2 Deletion of an Event or Youth Provision Listing by Y-DAP/ www.ydap.org.uk as a result of breach of these Terms by the Event or Youth Provision Organiser.

5.4.3 Any requests for refunds covered by this clause 5.4 should be made in writing to Y-DAP/ www.ydap.org.uk at refund@Y-DAP/ www.ydap.org.uk

5.5.1 The social networking service provided by Y-DAP/ www.ydap.org.uk on the Site shall consist of but shall not be limited to providing registered Events or Youth Provisions with the opportunity to:

5.5.5.1 Review and comment on past, present and upcoming Event or Youth Provisions.

5.5.5.2 View photographs of past Event or Youth Provision Organisers.

5.5.5.3 Share information concerning past, present and future Event or Youth Provisions including but not limited to photographs, audio and video files.

5.5.2 The Event or Youth Provision Organiser shall be solely responsible for any information it submits to be posted on the Site and Y-DAP/ www.ydap.org.uk and Y-DAP/ www.ydap.org.uk reserves the right to remove any information posted by Event or Youth Provision Organisers which, in its absolute discretion, constitutes a breach of the Terms.

5.5.3 Y-DAP/ www.ydap.org.uk does not claim any proprietary rights whatsoever in any information posted on the Site by the Event or Youth Provision Organiser. However, the Event or Youth Provision Organiser warrants it possesses all proprietary rights or consents needed to use this information in this manner and further holds harmless and promises to indemnify Y-DAP/ www.ydap.org.uk against any action howsoever arising in relation to information posted by that Event or Youth Provision

Organiser.

5.5.4 In addition to clause 5.5.3 above, the Event or Youth Provision Organiser Contributions Y-DAP/ www.ydap.org.uk a non-exclusive license to use, modify or reproduce and distribute any information posted on the Site by the Event or Youth Provision Organiser in order to ensure that the quality of the Site is maintained including any future promotions.

6) CROSS PROMOTION

6.1 Where the Event or Youth Provision Organiser utilises any other medium to promote the Event other than on the Site, the Event or Youth Provision Organiser agrees to include the name, logo and address of the Site on any such medium used to promote the Event or Youth Provision Organiser or Youth Provision Organiser .

6.2 The Event or Youth Provision Organiser or Youth Provision Organiser shall be responsible for ensuring that all cross promotion, as defined in clause 6.1 above, is lawful and shall indemnify Y-DAP/ www.ydap.org.uk against any and all claims, costs or losses actually resulting from or arising in connection with any form of cross promotion whatsoever used in promoting the Event where the Site is used in said cross promotion.

7) LIABILITY

7.1 Liability for any losses suffered as a result of breach of contract on the part of Y-DAP/ www.ydap.org.uk is limited to either the sums paid by the Event or Youth Provision under the Terms or such sum as shall be receivable by Y-DAP/ www.ydap.org.uk in respect of any claim under any insurance policy effected by Y-DAP/ www.ydap.org.uk from time to time whichever is greater.

7.2 Clause 7.1 above shall not apply in respect of:

7.2.1 death or personal injury caused by Y-DAP/ www.ydap.org.uk’s negligence;

7.2.2 section 2(3) of the Consumer Protection Act 1987;

7.2.3 fraud or fraudulent misrepresentation; or

7.2.4 any matter for which it would be illegal to exclude, or attempt to exclude liability.

7.3 Y-DAP/ www.ydap.org.uk shall not be liable for any losses where an Event or Youth Provision is cancelled by the Event or Youth Provision or any other third party.

8) NOTICES AND WRITTEN COMMUNICATION

8.1 The Event or Youth Provision accepts that communication with Y-DAP/ www.ydap.org.uk will be predominately electronic and that Y-DAP/ www.ydap.org.uk will contact the Event or Youth Provision Organiser by e-mail or provide information by posting notices on the Site. The Event or Youth Provision hereby agrees that all information communicated by Y-DAP/ www.ydap.org.uk to the Event or Youth Provision Organiser, including but not limited to contracts, shall comply with any legal requirement that such communications be in writing. For the avoidance of doubt the forgoing shall apply in respect of any laws require that some of the information Y-DAP/ www.ydap.org.uk sends to the Event or Youth Provision Organiser should be in writing.

8.2 Any communication to be given to Y-DAP/ www.ydap.org.uk in connection with the matters contemplated by the Terms shall be given to Y-DAP/ www.ydap.org.uk at Roundwood Youth Centre, 49 Longstone Ave, London NW10 3UN. Without prejudice to the forgoing and for the avoidance of doubt, Y-DAP/ www.ydap.org.uk does not accept electronic service of any legal documents. Any communication to be given to the Event or Youth Provision by Y-DAP/ www.ydap.org.uk shall either be by way of the e-mail address or the postal address provided to the Site.

8.3 The Event or Youth Provision Organiser shall be deemed to have received and been properly served with the communication immediately once it is posted on the Site, 24 hours after an e-mail is sent, or three days after the letter has been posted. In proving the service of any notice, it will be sufficient to show, in the case of a letter, that delivery by hand was made or that the envelope containing the communication was properly addressed and posted in a pre-paid envelope and, in the case of an e-mail that said e-mail was sent to the specified e-mail address of the addressee.

9) TRANSFER OF RIGHTS AND OBLIGATIONS

9.1 The Terms represent the agreement between Y-DAP/ www.ydap.org.uk and the Event or Youth Provision Organiser and is binding on both parties and on their respective successors and assigns.

9.2 Y-DAP/ www.ydap.org.uk may at any time, without the consent of the Event or Youth Provision Organiser, assign or transfer the whole or any part of its rights under the Terms to any person.

9.3 The Event or Youth Provision Organiser may not assign any of its rights or transfer any of its obligations under the Terms or enter into any transaction which would result in any of these rights or obligations passing to another person without obtaining the prior written consent of Y-DAP/ www.ydap.org.uk.

10) FORCE MAJEURE

10.1 Y-DAP/ www.ydap.org.uk will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the Terms that is caused by Event or Youth Provision Organiser outside its reasonable control (Force Majeure Event or Youth Provision Organiser).

10.2 A Force Majeure Event or Youth Provision Organiser means Acts of God, outbreak of hostilities, riot, civil disturbance, acts of terrorism, acts of any government or authority, fire, explosion, flood, fog, power failure, national industrial disputes and any other circumstance whatsoever beyond the reasonable control of Y-DAP/ www.ydap.org.uk.

10.3 Performance by Y-DAP/ www.ydap.org.uk under any contract shall be suspended for the period that the Force Majeure Event or Youth Provision Organiser exists, and Y-DAP/ www.ydap.org.uk will have an extension of time for performance for the duration of that period.

11) WAIVER

11.1 No delay or omission on the part of Y-DAP/ www.ydap.org.uk in exercising any right or remedy under the Terms shall impair that right or remedy or operate as or be taken to be a waiver of it, nor shall any single partial or defective exercise by Y-DAP/ www.ydap.org.uk of any such right or remedy preclude any other or further exercise under the Terms of that or any other right or remedy.

11.2 Without prejudice to clause 11.1 above, a waiver by Y-DAP/ www.ydap.org.uk of any default shall not constitute a waiver of any subsequent default.

11.3 No waiver by Y-DAP/ www.ydap.org.uk of any of the Terms shall be effective unless it is expressly stated to be a waiver and is communicated to the Event or Youth Provision Organiser in writing in accordance with clause 8 above.

12) SEVERABILITY

12.1 Each of the provisions of the Terms is severable. If any of the provisions of the Terms are determined by any competent authority to be illegal, invalid, unlawful or unenforceable in any respect under the law of England and Wales, such provision will to that extent be severed from the remaining provisions and the legality, validity or enforceability in that jurisdiction of the remaining provisions of this Agreement as appropriate, shall not in any way be affected or impaired thereby

13) ENTIRE AGREEMENT

13.1 These Terms represent the entire agreement between Y-DAP/ www.ydap.org.uk and the Event or Youth Provision Organiser in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between Y-DAP/ www.ydap.org.uk and the Event or Youth Provision Organiser, whether oral or in writing.

13.2 Y-DAP/ www.ydap.org.uk and the Event or Youth Provision Organiser each acknowledge that, in entering into a contract, neither party has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between them prior to such Contract except as expressly stated in the Terms.

13.3 Y-DAP/ www.ydap.org.uk intends to rely upon these Terms in relation to the subject matter of any contract. While Y-DAP/ www.ydap.org.uk accepts responsibility for statements and representations made by its duly authorised agents, it is the Event or Youth Provision Organiser’s responsibility to ask for any variations from the Terms to be confirmed in writing.

14) DISCLAIMER

14.1 Y-DAP/ www.ydap.org.uk disclaims the following in relation to the Site:

14.1.1 That it will be uninterrupted, error-free or secure;

14.1.2 That it will meet your requirements;

14.1.3 That all errors and/or defects will be corrected;

14.1.4 That it will always be available and free of viruses or other harmful components;

14.1.5 That any results you obtain from using or visiting the Site will be correct, accurate or otherwise reliable.

14.2 To the extent that is permissible by law, the Event or Youth Provision Organiser that using or visiting the Site is entirely at the Event or Youth Provision organiser’s risk and Y-DAP/ www.ydap.org.uk cannot be held liable for any losses howsoever arising in connection with the use of the Site.

14.3 The Website and all information contained in it are delivered on an “As-Is” and “As-Available” basis.

14.3 Y-DAP/ www.ydap.org.uk disclaims all warranties whether expressed or implied and shall not be liable for any damages of any kind arising from use of the Website.

14.4 Y-DAP/ www.ydap.org.uk disclaims all liability for the acts or omissions of any third party related to their use of the Website including all Event or Youth Provision Organisers, venues, performers or other third party referenced on the Website. The Event or Youth Provision Organiser may report misconduct of other Event or Youth Provision Organisers and/or Users to Y-DAP/ www.ydap.org.uk at complaint@Y-DAP/ www.ydap.org.uk.

14.5 Y-DAP/ www.ydap.org.uk may at its sole discretion investigate any such complaint but shall not be obliged to do so.

14.6 The Site may contain links to other external websites. Y-DAP/ www.ydap.org.uk does not give any undertaking that products or services purchased from those external websites linked to the Website will be of satisfactory quality, and any such warranties are disclaimed absolutely. This does not affect the Event or Youth Provision Organiser’s statutory rights against any such websites.

15) LAW AND JURISDICTION

15.1 The Terms shall be governed by English law and Y-DAP/ www.ydap.org.uk and the Event or Youth Provision Organiser agree to submit to the exclusive jurisdiction of the courts of England and Wales in respect of any disputes which may arise in relation to the Terms.

15.2 Contracts for Event or Youth Provision Organiser Listing through the Website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.

1 Contributions Guidelines

1.1. The amount of the Contribution is set out in the Offer Letter. We are not able to increase the amount of the Contribution. (The amount of the Contribution may be different to the amount that you applied for, where applicable).

1.2. You must accept our offer within four weeks of receiving it by signing and returning one copy of the Offer Letter (where we issue hard copy Offer Letters), or by accepting your Contribution online. If you do not return the signed Offer Letter or accept your Contribution online within four weeks our offer will lapse. If you are an organisation, the Offer Letter must be signed by someone who is authorised to sign on behalf of the organisation.

1.3. The Contribution Agreement will come into force on the date that we receive the signed Offer Letter from you or you accept your Contribution online on your profile ‘Acceptance page’.

1.4. We will pay the Contribution in the Instalments set out in the Offer Letter.

1.5. You must use the Contribution exclusively for the Project.

1.6. You must tell us promptly about any changes to information you have given us, including any changes to your bank or building society details and you must make sure that the information you hold is always true and up to date.

1.7. You must not use the Contribution to pay for any spending commitments you have made before the date of the Contribution Agreement.

1.8. You must hold any unused part of the Contribution on trust for us at all times.

1.9. You must tell us if you receive any other contribution for the Project from any other source at any time during the project. If this means that you no longer need the contribution from us, you must pay the Contribution back to us immediately upon demand from us.

1.10. If you spend less than the whole Contribution on the Project, you must return the unspent amount to us promptly. If the Contribution part-funds the Project, you must return the appropriate share of the unspent amount to us.

1.11. As the Contribution comes from public funds, you must account to us for any profit that you make from the Project and we reserve the right to require you to pay back all or part of the Contribution to support another organisation.

1.12. If you enter into an agreement with any third party with a view to commercial exploitation of the Project or anything related to it, you must contact us to obtain our consent. Our consent may be subject to conditions, including conditions requiring the repayment of all or part of the Contribution.

2. The project

2.1 You must get our written permission before making any changes to the Project or to its aims, structure, delivery, outcomes, duration or ownership.

2.2 If we agree that you can make changes to the Project, we may ask you to agree to additional conditions. Any agreed changes and/or additional conditions will be set out in a separate legal agreement between us and you; you should not start any new or changed activity until that agreement has been signed by both us and you.

2.3 You must start the Project within one month of receiving the first Contribution payment from us.

2.4 You must make satisfactory progress with the Project and complete it on time. You must tell us immediately if anything threatens to curtail or delay the Project.

2.5 You must ensure that all records, including financial records, relating to the Project are accurate and up to date. You must keep these records for seven years after the Project has finished.

2.6 You must maintain adequate insurance at all times and we may ask you to send us copies of these policies. This includes employee and public liability insurance and insurance that covers the full replacement value of any assets you have purchased using the Contribution.

2.7 You must give us, or any person nominated by us, access to all records relating to the Project or other projects funded by us upon demand, including (but not limited to) accounts and any other financial records, VAT and any other tax records. We can ask for access to these records for up to seven years after the Project has finished.

2.8 You must send us any information and records that we reasonably require to monitor your Project and how the Contribution is being used.

2.9 You must provide us with a full report on the Project within three months of completing it, using our standard ‘Monitoring report form’ which is held in your online account.

2.10 You must provide us with clear and accurate accounts that cover the period of the Project, if requested. These accounts must follow any relevant legal requirements for accounts, audit or examination of accounts, annual reports or annual returns and must clearly show income and expenditure.

2.11 In carrying out your Project, you must meet all laws regulating the way you operate, the work you carry out, the staff you employ or the goods and services you buy. For example, you are responsible for getting any licences, permissions and insurances that are necessary by law.

2.12 You must have appropriate policies in place at all times to help you comply with the law and good practice including, but not limited to:

2.12.1 Data protection;

2.12.2 Equal opportunities including discrimination on the basis of race, age, gender, disability, religion and/or sexuality;

2.12.3 Employment law

2.13 The following conditions apply if you or your employees, business partners, contractors or volunteers will supervise, care or have significant direct contact with a vulnerable person during the Project:

2.13.1 ‘Vulnerable person’ means: a. anyone under the age of 18; and/or b. anyone who needs (or may need) community care services because of mental disability, other disability, age or illness, and who is (or may be) unable to take care of themselves or unable to protect themselves against significant harm or exploitation.

2.13.2 you must consider all the risks that may arise from your contact with the vulnerable person, and take all reasonable steps to ensure their safety. Before having any significant direct contact with the vulnerable person, you must get the written agreement of the legal carer or guardian of the vulnerable person.

2.13.3 as well as your responsibilities in this section

2.13.2, you must have and carry out a written policy and set of procedures to safeguard vulnerable people if during the Project, your employees, business partners, contractors or volunteers supervise, care for or have significant direct contact with vulnerable people.

2.13.4 As part of these procedures you must check with the Disclosure and Barring Service (DBS) the backgrounds and disclosures of those employees, business partners, contractors or volunteers who will, during their Project, supervise, care or otherwise have significant direct contact with vulnerable people.

2.13.5 If you are the person having significant direct contact with the vulnerable person, you must contact his or her legally authorised carer or guardian and give them your consent to have your background checked and disclosures from the Disclosure and Barring Service (DBS) viewed, if the carer or guardian wants to.

2.13.6 You must comply with this section

2.13 even if you are not required to do so under any child protection or care standards legislation, and whether the work is formal, informal, voluntary or salaried.

2.13.7 We cannot advise you of your legal responsibilities, and these conditions are not legal advice. If you have any queries about your obligations when dealing with vulnerable people we strongly advise that you seek your own independent legal advice.

3 The project

Information, marketing and publicity

3.1 You must acknowledge the Contribution publicly and mention on social media platforms.

3.2 You must follow our branding and publicity guidelines at all times. You will acknowledge our support by using one of the following Y-Dap, ydap.com, Y-DAP/ www.ydap.org.uk and additional you must use Eventethics.co.uk logo in any published documents that refer to the Project, including any advertisements, accounts and public annual reports, or in written or spoken public presentations about the Project.

3.3 You must acknowledge our Contribution by following the guidelines we will provide. You should feature the appropriate Y-DAP Contribution award, Event Ethics logo Contribution award logo on all information, marketing and publicity materials relating to the activity we have agreed to fund, including printed and online material. You should also incorporate verbal and written acknowledgment of our support into your communications. You can download the Contribution award logo and access full details of how to acknowledge our support at www.Y-DAP/ www.ydap.org.uk/Contributionawardlogo. Alternatively, you can email Contributionawardlogo@Y-DAP/ www.ydap.org.uk or phone +44 7575294917 for further information.

3.4 The Y-Dap Contribution award logo, it aims to ensure the integrity of the Youth provider/ receiver of contribution, to protect players and to maximise the funds that can be paid out in Contributions.

3.5 We hereby give you the permission to use the Contribution award logo to acknowledge and celebrate your Contribution award. In using the logo, you must comply with the guidelines available at www.ydap.or.uk/Contributionawardlogo, or any future versions that we notify you of.

3.6 Please note that with regard to the Y-Dap Contribution award logo:

3.6.1 This permission is specific to any Y-Dap activity and you may not transfer any of these rights to another project or organisation;

3.6.3 We will have the right to end your permission to use the Y-Dap Contribution award logo if your own permission from the Y-Dap terminates or if you do not comply with Y-Dap Contribution award guidelines or if your Contribution from the Y-Dap is withdrawn, suspended or terminated. If this permission ends, you must stop using the Y-Dap Contribution award logo immediately.

4. Additional Conditions for organisations

4.1 You will ensure that you are at all times correctly constituted and that you can deliver the Project under the terms of your constitution.

4.2 You must get our written agreement before:

4.2.1 Changing your governing document, (unless you are a statutory organisation) concerning your aims, payments to members and members of your governing body, the sharing out of your assets (whether your organisation is dissolved or not), or the admission of any new members; or

4.2.2 Transferring your assets to, or merging or amalgamating with, any other body, including a company set up by you.

4.3 You must write to us as soon as possible if any legal claims are made or threatened against you and/or which would adversely affect the Project during the period of the Contribution (including any claims made against members of your governing body or staff concerning the organisation).

4.4 If you are an unincorporated group, the person accepting the Contribution must have/ has the authority of the group to enter into the Contribution Agreement on behalf of all the members of the group. All members of the group will be jointly and severally liable under the Contribution Agreement.

4.5 You must tell us in writing as soon as possible of any investigation concerning your organisation, trustees, directors, employees or volunteers carried out by the Police, Charity Commission, the Office of the Scottish Charity Regulator, HM Revenue & Customs or any other regulatory body.

4.7 We acknowledge that you will own all rights in any materials produced for or relating to the Project and in the Project Proposal, including any intellectual property rights. You hereby grant us a non-exclusive, worldwide, royalty-free perpetual licence to reproduce any materials relating to the Project and the Project Proposal as we reasonably require for marketing and publicity purposes. We may also share information with other funders, government departments, regulatory agencies, partners and others with a legitimate interest in public contribution.

5. General conditions

5.1 If you break any term and/or condition of the Contribution Agreement and we do not enforce one or more of our rights straight away, this does not mean that we will not do so in the future. We will give up our right to enforce this agreement only if we tell you in writing.

5.2 If you break this agreement, we can choose to treat that as you breaking any other Contribution agreements we have with you. This will allow us to take the same actions under those agreements that we may take under this agreement, including making you pay back the Contribution and stopping any future payments.

5.3 Our staff, members and advisers cannot give you professional advice and will not take part in carrying out your business. We cannot be held responsible for any action you take, any action you fail to take, or for your debts or liabilities. Even though we may give you contributions and talk to you about your activities, you are still fully responsible for every part of the Project, your business and the decisions about it. We will not be responsible to anyone else who may take, or threaten to take, proceedings against you.

5.4 You are responsible for getting your own management, business and artistic advice. This includes considering whether you need to get financial, accounting, tax, solvency, legal, insurance or other types of professional advice. You must not assume that your business is financially stable or solvent (this means your business is able to meet its financial responsibilities), even if we continue to support you.

5.5 Your Contribution comes from public money, so if you are planning to buy goods or services with your Contribution, you should always buy them in a way that will give value for money (we subject obtaining 3 quotes) and avoids any conflicts of interest.

5.6 We are not obliged to provide, and nor should you assume that we will, any further contribution for the Project after this Contribution agreement comes to an end.

5.7 The Freedom of Information Act 2000 (‘the Act’) applies to us. This means that any information you give us could be released to any person who asks for it under the Act. You must tell us if you think that any of the information should be confidential under any of the exemptions of the Act. Please visit www.ico.gov.uk/ for information on the Act. 11.

6 VAT conditions relating to assets or goods purchased with the Contribution

6.1 You acknowledge that the Contribution is not consideration for any taxable supply for VAT purposes. You acknowledge that our obligation does not extend to paying you any amounts in respect of VAT in addition to the Contribution.

6.2 If you are registered for VAT, or subsequently become liable to register for VAT, you must keep proper and up to

6.1 During the period covered by your Contribution, you must not sell any assets or goods that have been totally or partly bought, restored, conserved (maintained or protected from damage) or improved with our Contributions

unless:

6.1.1 you can sell them for their full current market value; and

6.1.2 we have given you permission, in writing, beforehand

8.3 We may insist on third party rights being given to us (and in a form approved by us) under any contract that you have with contractors and consultants on most building projects. date records and you must make those records available to us and give us copies when requested.

6.3 If we have agreed to fund any or all of the VAT costs associated with your Project and you subsequently recover any VAT, you must pay us back immediately any of the VAT that has been paid for with the Contribution.

6.4 If we feel it is necessary, we will take security on the freehold or leasehold interest or other asset or assets, or ask for some other appropriate form of security for your responsibilities under the terms of the Contribution. We may demand that you give our solicitors copies of all the documents affecting the title to the property (for example, all mortgages, conveyances, leases and so on that affect the legal rights to the property).

6.5 If you sell or give away assets or goods bought, restored, conserved or improved with our Contributions, we will be entitled to receive an appropriate share of the ‘net’ proceeds (the proceeds after tax and other costs of sale have been taken into account) of this for as long as these assets or the improvements have a useful economic life.

7. Breach of these terms and conditions, and suspending or repaying the Contribution

7.1 If you fail to meet any of these terms and conditions, we may, in our absolute discretion:

7.1.1 require you to pay back all or part of the Contribution (regardless of how much you may have already spent);

and/or

7.1.2 stop any future payments;

and or

7.1.3 end this Contribution Agreement immediately;

and/or

7.1.4 take any of these actions in connection with any other Contribution that you may have with us.

7.2 We may recover the Contribution in our absolute discretion, if any of the following events occurs:

7.2.1 you close down your business (unless it joins with, or is replaced by, another business that can carry out the Project and we have provided our prior written permission);

7.2.2 you make any changes to the Project with first getting our written permission;

7.2.3 you use the Contribution for anything other than the Project;

7.2.4 you do not follow our reasonable instructions;

7.2.5 you do not carry out the Project with reasonable care, thoroughness, competence and to a standard that would be expected for your level of experience in your artistic practice, profession or line of work;

7.2.6 you do not complete the Project on time;

7.2.7 you have supplied us with any information that is wrong or misleading, either by mistake or because you were trying to mislead us;

7.2.8 you are declared bankrupt or become insolvent, any order is made, or resolution is passed, for you to go into administration, be wound up or dissolved; an administrator or other receiver, manager, liquidator, trustee or similar officer is appointed over all or a considerable amount of your assets; or you enter into or propose any arrangement with the people you owe money to;

7.2.9 you act illegally or negligently at any time, and we believe it has significantly affected the Project, or is likely to harm our or your reputation;

7.2.10 without first getting our approval in writing, you sell or in some other way transfer the Contribution, your business or the Project to someone else; and/or

7.2.11 we deem it unlikely that the Contribution is unlikely to fulfil the purpose for which you made it.

9.Termination of the Contribution Agreement

9.1 These terms and conditions and the Contribution Agreement remain in force for whichever of these is the longest time:

9.2 for one year following the payment of the last Instalment of the Contribution;

9.3 as long as any part of the Contribution remains unspent;

9.4 the expiry of the maximum period required under the Contribution Agreement for asset monitoring;

9.5 as long as you do not carry out any of the terms and conditions of the Contribution Agreement or any breach of them continues (this includes any outstanding reporting on Contribution expenditure or Project delivery).

Got any other question?

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