Terms of website use
Last updated: 5th July 2016
Information about us
neighbourly.com is a site operated by neighbourly Limited. In these terms, references to "we", "our" and "us" are references to neighbourly Limited, trading as neighbourly. We are registered in England and Wales under company number 8293976 and have our registered office at Terrace Floor, Castlemead, Lower Castle St, Bristol BS1 3AG.
Information about you and your visits to our site
Accessing our site
Access to our site is subject to the eligibility requirements detailed below. Access is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to guests and registered users alike.
When using our site, you must comply with the provisions of our acceptable use policy (set out below).
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Protecting your password
When you register with neighbourly and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password. If you become aware of any unauthorised use of your password, we recommend that you change your password immediately and contact us at firstname.lastname@example.org
In using the site, you represent and warrant that:
(a) you are legally capable of entering into binding contracts;
(b) that you are at least 16 years old
If you are under the age of 16 years old and wish to register to use our site, please arrange for your parent/guardian to contact email@example.com in order to arrange your registration.
Use of the site
In using the site you:
(a) shall comply with all UK and foreign laws and regulations which apply to your use of the site in wherever you are physically located;
(b) shall not provide any false information to us or the site, including but not limited to your name, age, location, email address or other information requested. If we believe you have provided false information, we reserve the right to terminate your user account;
(c) shall be solely responsible for your interactions with other users of the site. We reserve the right, but have no obligation, to monitor any dispute between you and another user;
(d) acknowledge that, before acting on any information contained in any profile or on any information received from our site, you must at your own cost and expense, carry out such investigation as you think necessary to satisfy yourself of the truth and accuracy of such information;
(e) acknowledge that, if you arrange any meetings with any person through the use of the site, then you do so at your own risk.
Certain features and services available via the site are subject to additional terms and conditions and you agree to comply with those if using the relevant features and/or services. For example, if you are using the "neighbourly food" features of the site, you agree to comply with the Food Terms and Conditions detailed below. If you are using the “neighbourly donations” feature, you agree to comply with the Donations Terms and Conditions detailed below.
Acceptable use policy
You may only use our site for lawful purposes. You may not use the site in any way that breaches any applicable local, national or international law or regulation.
You also agree not to access without authority, interfere with, damage or disrupt:
(a) any part of our site;
(b) any other user account;
(c) any equipment or network on which our site is stored;
(d) any software used in the provision of our site; or
(e) any equipment or network or software owned or used by any relevant third party.
You undertake not to:
(a) transmit, post or email information, pictures or any other material (Content) via the site without having permission from the party that owns the intellectual property rights in such Content;
(b) transmit, post or email Content via the site which breaches, infringes, violates or is contrary to any law, by-law, statute or regulation or any other parties' rights (including but not limited to intellectual property rights and privacy rights);
(c) use the site (without permission) to promote another site, service or business in any way including but not limited to posting any e-mail addresses or URL's;
(d) buy or sell products or services through the site, other than any activity which seeks to promote a community project;
(e) send any junk email (spam) or chain letters to other users;
(f) transmit, post or email to any Content or be involved in behaviour, which in our opinion is explicit, racist, abusive, threatening, bullying, harassing, libellous or obscene or encouraging illegal activity; and / or
(g) transmit, post or email to any Content or be involved in behaviour which could otherwise be capable of offending other users.
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. If we deem a breach has occurred, we may take such action as we deem appropriate including suspension or termination of your user account and deletion of Content. Failure to comply with this acceptable use policy constitutes a material breach of these terms of website subject to which you are permitted to use our site.
Some of the features of our site (or on-going use of it) may only be accessible to companies that have purchased a membership (Member). To become a Member, companies will be guided through the following steps:
(a) an individual representing the company must first register with the site (Company User);
(b) we will contact the Company User to assess requirements and provide a demonstration, where appropriate;
(c) the Company User may then express an interest with us for becoming a Member;
(d) we will then review the Company User's request and if appropriate, contact the Company to issue a contract for the company's membership (Company Agreement);
(e) following acceptance of the Company Agreement and payment of the appropriate fees, we will provide the company with access to the additional company focussed features.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. However, you are not permitted to publish or copy any part of our site without our express written consent. However, you may be permitted access to resources that can be used to promote a project, and we would encourage you to amend, print or publish such resources for the limited purpose of promoting a project and on the basis that such use complies with our acceptable use policy. Any such resources shall be clearly marked.
Other than any materials clearly marked as capable of being modified, you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or logos. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
"neighbourly", "neighborly", plus any other related trade marks or logos used on our site are trade marks of neighbourly Limited. You are not permitted to use any of these marks without our express written consent.
Uploading material to our site
Whenever you make use of a feature that allows you to upload data and/or material to our site, or to make contact with other users of our site, you must comply with the Content standards set out in our acceptable use policy. You warrant that any such contribution complies with those standards, and you indemnify us for any breach of that warranty.
Any Content you upload to our site for public display will be considered non-confidential and non-proprietary, and we have the right to use, copy, amend, distribute and disclose to third parties any such Content for any purpose associated with the operation of our site. We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of our site. You warrant that you are able to licence the Content that you upload to our site to us and that our use of such Content will not infringe the intellectual property rights of any other party.
We have the right to remove any Content or posting you make on our site if, in our opinion, such material does not comply with the Content standards set out in our acceptable use policy.
Reliance on information
We provide an environment that enables companies and projects and/or communities to come together and agree projects between themselves. Content, commentary, views and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Our site changes regularly
We aim to update our site regularly, and may change or delete the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to maintain or update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy or it being comprehensive. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:
(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
(b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including but not limited to:
(i) loss of income or revenue;
(ii) loss of business;
(iii) loss of profits or contracts;
(iv) loss of anticipated savings;
(v) loss of data;
(vi) loss of goodwill;
(vii) wasted management or office time,
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Transactions with third parties & links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Contracts for the supply of any goods or services formed as a consequence of the use of our site through our site shall be governed by the terms and conditions of supply of the relevant party supplying those goods or services. We will have no involvement, liability or obligations in relation to any contracts that you form with any third parties.
Third parties shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 in relation to any agreement between us and you.
Linking to our site
You must not establish a link from any website that is not owned by you. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page without our consent. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on our site other than that set out above, please address your request to firstname.lastname@example.org
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial - of - service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co - operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Jurisdiction and applicable law
The English and Welsh courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site, however we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant jurisdiction.
Our site allows individuals to donate to any of the charities or community interest companies listed on our site (“Charities”). Each Charity has authorised neighbourly to facilitate the collection of donations on its behalf. Charities are listed on the site at our discretion, however we cannot accept responsibility for the activities of the Charities. A Charity must have the appropriate authorisation, permit or licence to operate as a charity or community interest company, as required by the local laws of the territory in which it operates. Neighbourly reserves the right to withdraw this service at any time.
Terms and Conditions for Individual Donors
You do not need to be a registered user to make a donation to a charity or community interest company via our site.
Payment Service Provider
As soon as you confirm to us through the neighbourly website that you wish to proceed with your donation we will use Stripe Payments UK Ltd (“Stripe”), a third party payment service provider, to process the transaction. All donation transactions, the storing of financial data and the transfer of funds is managed and handled entirely by Stripe, and users will also be subject to Stripe’s Terms and Conditions https://stripe.com/gb/checkout/terms. neighbourly do not hold or transfer funds, and we do not store your payment card details on our system.
Once your credit or debit card provider approves the transaction, Stripe will arrange the transfer of funds to the selected charity in accordance with its standard terms and practices and you will receive confirmation on your donation by email.
If Stripe are unable to complete the transfer of your payment to your nominated charity or we feel that it is not appropriate to pass on a donation to your selected charity (for example, if the charity is de-registered by the Charity Commission or the Office of the Scottish Charity Regulator, or has a sanction listed against it) then we will contact you to arrange the return of the donation or payment to you in full. If we are unable to contact you then neighbourly, at its discretion, will select an appropriate, alternative charity to pass the donation or payment to.
When you donate to a charity using neighbourly you may be offered the option to include a Gift Aid declaration on your donation. By doing this you confirm that you are a UK taxpayer and eligible for Gift Aid, and wish the charity to reclaim the tax paid under the Gift Aid scheme. neighbourly will notify the charity accordingly of your declaration. It is your responsibility to ascertain whether you qualify for Gift Aid entitlement. If you have any doubts we strongly recommend you seek advice from your own adviser(s) or HMRC.
Unauthorised card use
When a donation is made on the site and charged to your card the transaction is final and not disputable unless unauthorised use of your payment card is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.
By making a donation you warrant and represent that you are the cardholder, or have the express permission of the cardholder, and that you are not acting in a fraudulent, unlawful or abusive manner.
You will only be able to cancel a donation if you contact us within 48 hours after you authorise it on our site. If we receive a cancellation request from you after the donation has been allocated to the Charity, we may be unable to cancel it (or refund the money) as the donation will be on its way to the Charity at that stage. Once the Charity has received the donation, you will need to contact the Charity directly if you wish to make a refund request. Where we do cancel a payment for you, we may charge you for the costs that we have incurred in processing your payment.
Use of your donation
neighbourly does not warrant that your donations will be used for any particular purpose and shall not be responsible for any dissatisfaction you may have regarding the Charity's use of any donation you may make through the site or for any misuse or non-use of such donations by the Charity. After donations are made, all further dealings are solely between the donor and the Charity.
Please note that Charities reserve the right to use your donation for their general purposes. They will use your donation for any purpose in accordance with their own rules. neighbourly cannot guarantee that funds will be earmarked for a particular appeal. If you want your donation to be used for a specific purpose or for a particular appeal you should contact the Charity.
neighbourly charges a small transaction fee on every donation made on the site or its associated services to cover the costs incurred. The fee is currently 5% of the gross donation (excluding any Gift Aid declaration) and will be automatically deducted from your donation. There are no additional subscription fees charged to member charities.
You are not charged for using neighbourly Services. All payments are to be made by payment card (e.g. a debit card or credit card) in the currency of the project you are donating to. If this is not the same currency as the card used for payment, your card provider may charge additional fees, please refer to your card provider’s terms and conditions for details. neighbourly are not liable for any additional fees charged by your card provider when making a donation. Please note that we do not accept payment by cash or cheques.
Neighbourly is not an accounting, taxation or financial advisor, and you should not rely on information given on the site to determine the accounting, tax or financial consequences of making a donation to a charity. We strongly recommend that you consult your own adviser(s) about any accounting, taxation or financial consequences that may affect you.
Information you provide to us
Before we can process a donation, you must provide us with correct details of the following:
1. the recipient charity (this will often be pre-selected for you if you choose to make a donation through a part of the neighbourly website that is designated to that charity). As some charities can have similar names, it is your responsibility to check that you are actually donating to your chosen charity;
2. your name, postal address (if the donation includes a Gift Aid declaration) and email address; and
3. details of the credit or debit card account that you wish to use to fund the donation.
We will monitor all donations and event fee payments made through the neighbourly website. We may ask you to provide us with additional personal information to fulfil our legal responsibilities before your transaction is completed.
We require that you are aged 16 or above to register as a fundraiser on the neighbourly website and use the neighbourly Services. However, if you are below the age of 16, you are still able to register on the neighbourly website as a fundraiser, providing you have a parent or guardian to confirm your registration on your behalf.
Registered users who are logged in to the site, or create an account as part of the donation process will be able to view their donations through their account dashboard, however payment card details will not be stored by neighbourly.com. Your donation history will not be visible to other site users. Personal data provided during the donation will be used for the sole purpose of facilitating the donation and providing Charities with data to support their processing, auditing and reporting on donations received, and where applicable to enable them to support claims made under the Gift Aid scheme.
Where a donor requests for their donation to be shown on the neighbourly website as anonymous, no personal details will be shown on the project’s donation page however the details provided will be shared with the charity as part of reporting provided to facilitate management and auditing of donations and, where applicable, claims under the Gift Aid scheme. Where a Gift Aid declaration has been made, the charity will also provide these details to HMRC as part of the Gift Aid claims procedure.
Terms and Conditions for Charities Receiving Donations
The donation services are currently only available for use by charities with a registered address in the UK and who are registered with the Charity Commission for England & Wales, the Office of the Scottish Charity Regulator or The Charity Commission for Northern Ireland, or community interest companies with a registered address in the UK (collectively referred to as ‘Charities’). A Charity also must be registered for Gift Aid with HMRC if they wish to run donation campaigns including Gift Aid declarations.
Vetting and Approval
Charities can request to go through the vetting process as part of their project set up or within their administration function. neighbourly will check certain information relating to the approved Charities, which can be found at https://www.gov.uk/find-charity-information. In addition to this information, neighbourly will use additional sources of publicly available information as part of the vetting and approval process.
By completing this application, the Charity is authorising neighbourly to facilitate the collection of donations on its behalf. Charities are listed on the site at our discretion, however we do not accept responsibility for the activities of the Charities. A Charity must have the appropriate authorisation, permit or licence to operate as a charity, as required by the local laws of the territory in which it operates.
Neighbourly reserves the right to withdraw approval from a Charity at any time.
As part of the approval process, Charities will be given the option to provide information regarding their participation in the HMRC Gift Aid scheme. By providing this information, the Charity is declaring that it is legally compliant with the requirements for Gift Aid, is registered with HMRC under the Gift Aid scheme, and that the fundraising activity they are undertaking is eligible under the rules of the scheme.
If the fundraising activity is eligible, donors will be offered the option to include a Gift Aid declaration as part of their donation. By doing this they confirm that they are a UK taxpayer and eligible for Gift Aid, and wish the Charity to reclaim the tax paid under the Gift Aid scheme. The donor also authorises neighbourly to share their details with the Charity for the sole purpose of claims under the Gift Aid scheme.
Where applicable, Charities will be provided with data to enable claims to be made under the Gift Aid scheme, and to meet the requirements for audit and evidence of such claims. Charities agree that the data provided to support the reclaiming of Gift Aid will be used solely for this purpose. neighbourly does not verify any information it receives from donees and disclaims any and all liability in relation to the completeness or accuracy of such information. The Charity uses all such information at its own risk.
The Charity is responsible for ensuring that all details provided to neighbourly and Stripe in connection with the Charity’s account and all content generated on the site by or on behalf of the Charity is accurate and up-to-date.
The Charity is responsible for ensuring that any donations paid to the Charity are used in accordance with any stated purpose or fundraising activity or appeal, and in accordance with all applicable laws and regulations.
The Charity shall ensure that its account is only accessible by authorised personnel and shall use all reasonable endeavours to prevent any unauthorised access to, or use the of the site or neighbourly’s Services.
The Charity shall carry out all necessary obligations (whether or not set out in these terms) in a timely and efficient manner and shall provide neighbourly with all reasonable information and assistance required by it in order to perform its obligations under these terms.
Payment Service Provider
In order to process donation payments, neighbourly uses a third party payment provider, Stripe Payments UK Ltd (“Stripe”). To receive donations via neighbourly, Charities are required to have an account with Stripe and connect this to the neighbourly Stripe merchant account. Charities can connect an existing Stripe account or set up a new Stripe account as part of the approval request process. Charities set up and manage their Stripe account directly with Stripe and are subject to Stripe’s Terms and Conditions (https://stripe.com/gb/connect/account-terms)
If Stripe are unable to complete the payment due to an error in your account, or we feel that it is appropriate to revoke your approval (for example, if the charity is de-registered by the Charity Commission for England & Wales, the Office of the Scottish Charity Regulator or The Charity Commission for Northern Ireland, or has a sanction listed against it) then we will contact donors to arrange the return of their donations.
Neighbourly reserves the right to use alternative or additional payment providers at any time. You agree to fully indemnify neighbourly against any claim, demand, loss, liability, costs and expenses arising out of or relating to the use of your Stripe account, including but not limited to any breach by you, your agents, contractors, or employees, of Stripe’s Terms and Conditions or use of the account which is fraudulent or unlawful.
neighbourly charges a small transaction fee on every donation made on the Website or its associated services to cover the costs incurred. The fee is currently 5% of the gross donation (exclusive of any Gift Aid declaration amount). There are no additional subscription fees charged to member charities. Fees will be deducted automatically through Stripe before donations are credited to your account.
All donations are made in the currency of the project the donation is made to. neighbourly will not be liable for any additional fees or charges for currency conversion incurred by a project. Please note that we do not accept payment by cash or cheques.
Cancellations and chargebacks
Donors will only be able to cancel a donation if they contact neighbourly within 48 hours after it is authorised on our site. After this time, donors will contact the Charity directly to request a refund and any refund is at the Charity’s discretion. Where a full refund is provided, any fees charged by Stripe will also be refunded to you.
Where a customer disputes a donation as an unauthorised payment, known as a Chargeback, and the dispute is resolved in favour of the donor, the donation amount (minus the initial administration fee charged) will be deducted from the Charity account (including, where necessary, from any funds held in respect of other donations) and neighbourly shall not have any liability to the Charity in respect of Chargebacks or other monetary refunds.
Payment of funds
Payments will be made directly by Stripe to the bank account associated with the Charity’s Stripe account in accordance with Stripe’s standard payment procedures.
Neighbourly is not an accounting, taxation or financial advisor, and you should not rely on information given on the site to determine the accounting, tax or financial consequences of receiving donations. We strongly recommend that you consult your own adviser(s) about any accounting, taxation or financial consequences that may affect you.
Personal data provided during the donation will be used for the sole purpose of facilitating the donation and providing Charities with data to support the processing, auditing and reporting on donations received, and where applicable to enable the Charity to support claims made under the Gift Aid scheme. You must not use donation data provided to you by neighbourly for any other purpose.
You agree to comply with all relevant data protection legislation and guidelines, including but not limited to the Data Protection Act 1998.
Neighbourly Food Terms and Conditions
Neighbourly Food redistributes surplus food to where it is needed most in a community.
For the purposes of these Neighbourly Food Terms and Conditions, if you are eligible for and participate in Neighbourly Food, you will be referred to as a "Community Donee". A Community Donee will either be a registered charitable organisation or a community group, that has registered with neighbourly and has a genuine need for food and is appropriately licensed/holds all licences and approvals (as necessary) as a food service establishment having regard to the service it provides.
For the purposes of these Food Terms and Conditions, a Company will be a registered food business that wishes to address food poverty within its communities and its food waste disposal requirements by donating surplus food which it no longer deems fit for sale but which is within its use by date (the "Products") to Community Donees.
How Neighbourly Food Works
Neighbourly will utilise the site to deliver Neighbourly Food with the aim of combating food waste and food poverty by matching Companies with Community Donees which have a genuine need for Products.
In order to assist with its food waste disposal requirements, the Company may donate Products on a voluntary and no-cost basis to Community Donees and will upload details of the Products for inclusion on the site.
The site will generate a notification with details of available Products as confirmed by the Company to the Community Donee, after which a representative from the Community Donee can arrange to pick up the Products from the Company subject to these Neighbourly Food Terms and Conditions.
The neighbourly food arrangement shall come into force on the date agreed between us and will continue until terminated by us. We may terminate the arrangement by giving you reasonable notice or if you are in breach of the Terms of Website use or these Neighbourly Food Terms and Conditions.
Obligations of Community Donees
Only Community Donees that have registered with neighbourly for Neighbourly Food and who have complied with all requirements set out in these Neighbourly Food Terms and Conditions will receive notification about the availability of Products.
Community Donees shall at all times comply with these Neighbourly Food Terms and Conditions and all reasonable requests from neighbourly or the Company.
One specific requirement for participation in neighbourly food is that the Community Donee has uploaded its level 2 food Hygiene Certificate as part of its registration onto neighbourly food.
Community Donee acknowledges that the Company is under no obligation to donate Products to the Community Donee and any such donations from the Company to the Community Donee are made on a voluntary basis.
The Community Donee must only collect Products which fall within the definition of “Permitted Donations” as determined by the Company.
The Community Donee will not collect any Products which fall within the definition of “Prohibited Donations” as determined by the Company.
Transportation, Storage, Handling, Traceability and use of Products
The Community Donee shall take reasonably necessary steps to ensure that the transportation of Products is kept to a minimum.
The Community Donee shall safely and properly handle (including storage, food preparation and transportation) all Products collected from the Company, in full compliance with all applicable laws and regulations.
The Community Donee is obliged to check and verify that the Products are of a good quality and will check for moulding, bruising, spoilage and deterioration upon collection.
The Community Donee will ensure that all Community Donee personnel involved in handling Products will be knowledgeable of and comply with food hygiene requirements and adequately trained, as required by all applicable laws and regulations.
The Community Donee shall have adequate refrigeration and storage space for the service it provides including for the Products it receives from the Company.
The Community Donee will ensure that it holds all statutory licenses, registrations, approvals and permissions (as necessary) as a food service establishment relating to the service it provides to its clients.
All Community Donee personnel shall comply with all Company policies, procedures and instructions (including but not limited to health and safety, food safety and hygiene and conduct and security policies) whilst on the Company's premises.
The Community Donee shall ensure that all Products collected from the Company are in full compliance with all applicable laws and regulations in relation to traceability.
The Community Donee shall keep a record of all Products received from the Company for traceability purposes.
No Products shall be sold by the Community Donee.
No Products which carry the Company's logos, trade names or trade marks ("Marks") shall be distributed to the Community Donee's clients or any other third parties – this means all branded packaging must be removed before distribution.
No Products may be sold, exchanged, supplied or used in any way other than envisaged by these Food Terms and Conditions.
The Community Donee will comply with legally acceptable standards of hygiene in the handling, storage, preparation and serving of Products, and in accordance with best practice and all applicable laws and regulations. This includes, but is not limited to, the following obligations:
(i) no Products shall be served to the Community Donee's clients unless they are safe, fit for human consumption and in accordance with EU Regulation 1169/2011 on the provision of food information to consumers and EU Regulation 852/2004 on the hygiene of foodstuffs together with relevant EU Member State implementing legislation.
(ii) products must be consumed within their use by date stated on the packaging.
(iii) chilled Products must be kept refrigerated at a temperature of between 0°C and 5°C.
(iv) chilled Products that are within their use by date and have the home-freezing logo can be frozen upon receipt. They must then be consumed within one month of their original use by date.
(v) the only other Products types that can be frozen are bread and non-dairy cakes.
(vi) frozen Products must be stored in a freezer at a temperature of between -18°C and -24°C.
(vii) any specific conditions imposed by the Company must be met, including the condition that all of the Company's logos, trade names or trade marks must be removed from Products.
(viii) any Products not used must be disposed of safely, after first removing wrappers and all other packaging or marks identifying the Company.
Liability in relation to Neighbourly Food
The Community Donee acknowledges and agrees that Neighbourly is acting as an intermediary between the Company and the Community Donee only and shall have no other responsibility or liability whatsoever with respect to the provision, application or use of neighbourly food, the site and/or the provision, delivery or use of Products.
All Products once collected by the Community Donee shall be the sole property and responsibility of the Community Donee and the Community Donee acknowledges that it shall bear all the risk in relation to the Products once collection has taken place, including liability of any subsequent risk of foreign body hazards associated with the food.
The Community Donee agreed that it will not, during the term of any receipt of Products or at any time thereafter, seek to impose any liability, whether under contract, tort, statute or otherwise, on Neighbourly and/or the Company in respect of neighbourly food, the site and/or the Products and shall not make any statement or admission to any third party or do anything which would give rise to or otherwise affect liability for either Neighbourly and/or the Company with respect to neighbourly food, the site and/or the use of the Products.
With the exception of any liability arising as a result of death or personal injury due to neighbourly’s or the Company’s negligence, neighbourly and/or the Company shall not be liable in any way for any losses (including damages and costs) arising from the supply of Products.
The Community Donee acknowledges that it will be liable for any losses (including damages and costs) arising from any breach of these Neighbourly Food Terms and Conditions.
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