Terms and Conditions of Membership 2021
1.1 These terms and conditions govern your membership with NABAS The Balloon and Party Professionals Association (“the Association/NABAS/we/us”)
1.2 Please read these Terms carefully before applying to become a Member of NABAS. In consideration of us accepting your application to become a member and enabling you to access the Services, you agree to be bound by these Terms. Your attention is particularly drawn to the limitations and exclusions of liability set out in clause 8.1
1.3 Membership entitles the use of logos, certificates, benefits, services, and promotion of membership and can only be used by those with fully paid membership fees.
- Members’ obligations
- All members must comply with and shall promote the principles of the Code of Conduct which shall be deemed to form part of these terms.
- All members receive notice of members’ meetings (including AGMs) and may exercise a right to vote.
- Membership Fees
- The membership fees may be paid annually or monthly.
- Payment may be made by direct debit or such other means as may be accepted from time to time.
- The Association will send you details of your Membership Subscription Fee payable for the subsequent year at least three weeks before the anniversary of your current Subscription. Your Subscription will renew only if you make payment of the Membership Subscription Fee on or before the anniversary of your current Subscription. If you fail to pay the Subscription Fee for any subsequent year before the anniversary of your current membership fee, the association may suspend your access to services until your Subscription Fee is paid. Unless we receive written notice from you 14 days or earlier prior to the end of the membership subscription, the membership subscription will renew for an additional year and will become due for payment.
- The association shall be under no obligation to provide services until the membership fee has been paid.
- The Association reserves the right, at its sole discretion, to charge additional fees to renew membership that is renewed late (i.e., after the renewal date and following any applicable grace period).
- Member Services provided by the Association
4.1 The Association is fully committed to providing quality services and benefits and shall:
(a) establish and make available training courses to support professional development.
(b) develop and make available resources to support and guide our member’s professional practice.
(c) undertake, promote, and make available research and developments relevant to the balloon and party profession.
(d)provide members with access to supplier discounts and preferential rates as applicable.
(e)establish, develop, and maintain links to represent the industry and raise the profile of members; and
(f)provide members the opportunity to participate and provide support activities.
4.2 The Association shall publish a list of its members in its online Directory to allow Members to be in contact with each other and allow members of the public to locate Members (subject to members’ consent and their right to opt-out of such publication).
- Personal data
5.2 Members’ can manage their communication preferences and update the personal details we hold via the online member’s portal.
5.3 Members can manage their Directory entry via the website portal
- Membership termination [and cancellation]
6.1 The Association may terminate (or at its discretion suspend) a membership immediately by giving written notice to the member if: –
- His/her/Its membership fees remain unpaid after the due date (and any applicable “grace period”).
- the member commits any material breach of any of the provisions of these terms and conditions (including for the avoidance of doubt the Code of Conduct), and in the case of a breach capable of remedy, fails to remedy the same within 30 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied: or
- we have reasonable grounds to believe that a member or its representative has been, abusive or offensive to other Members or any member of our staff or a member’s staff.
- the management committee exercises its right to terminate in accordance with the Associations Articles 22.1
- A monthly membership may be cancelled by you by writing to us any time after the 12th month of Membership by giving at least one month’s notice.
- In no circumstances shall termination or suspension give rise to a right of refund of any Membership Fee or part thereof.
- In accordance a grace period of 30 days will be applied to members who do not renew by the renewal date. During the grace period, access to member benefits and services may be suspended. Once the grace period has expired a lapse notification will be issued and the member will be removed from the website and the private members’ Facebook page. The member will also forfeit the right to use the NABAS logo, insurance, and membership certificate.
- Members shall have the right to cancel their membership within 14 days of their Welcome email or Welcome pack being received. Cancellation must be received in writing or by e-mail to the Secretariat within the right to cancel period.
- A member may terminate its membership by giving notice to the Secretariat. If no monies are outstanding the resignation will be processed within 14 working days. If monies are outstanding the membership team will contact the member to seek payment.
- Intellectual property
7.1 All Intellectual Property that exists in the materials as part of the benefits and service we provide are either owned by NABAS or licensed to us.
7.2 NABAS Membership does not grant any right to use the Association’s Intellectual Property including the Association’s brand and logo except where permission is granted under these terms or is otherwise provided in writing.
7.3 For such time as you are a Member, you shall be entitled to:
(a) use the NABAS logo on your website and promotional materials.
(b) describe your business as a Member of NABAS.
7.4 A member shall not license, sell, rent, lease, transfer or otherwise commercially exploit materials provided to the member by the Association.
- Limitation on liability
8.1 Whilst we do our best to provide good advice to our Members, we shall not be liable to Members for losses caused as a result of relying on such advice, other than in respect of liability that we cannot lawfully avoid, such as liability for death or personal injury caused by our negligence.
8.2 Notwithstanding the generality of the foregoing clause, we shall not be liable for indirect or consequential loss, as far as it is lawful for us to exclude such liability.
9.1 Whilst sharing certain information is key to the success of the Association and the Members, all Members are asked to respect the confidentiality of confidential information that they may become aware of in respect of those involved with the Association and or the Members (“Confidential Information”).
9.2 Members shall not disclose Confidential Information other than with the express written permission of relevant parties. Information shall not be confidential if it becomes generally available to the public other than through the fault of the recipient, it was made available to the recipient on a non-confidential basis prior to disclosure by the disclosing Member, or it was, is, or it was lawfully in the possession of the recipient before the information was disclosed by the disclosing Member.
- Force Majeure
In the event of Force Majeure, the Association shall not be deemed to be in breach of these Terms and Conditions of membership in particular the Association shall not be liable for a delay or non-performance of any of its obligations under these Terms and Conditions or for any loss or damage occasioned thereby. To the maximum extent permitted by law, all losses arising, for this reason, shall not be recoverable by the member
It is the Member’s responsibility to keep up to date with changes to the provision of benefits and services. Acceptance of membership and the membership renewal shall be deemed acceptance of any changes to these Terms and Conditions of membership.
- Changes to these terms
Please note that these terms may vary from time to time, and revised terms will be notified to you and displayed on our website.
- No waiver
No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
14.2 If any term or condition of our agreement shall be deemed invalid, illegal, or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the agreement shall continue in force without such term or condition.
14.3 It is not intended that the undertakings and obligations of the parties set out in this agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999 or by any other law, practice, custom precedent or doctrine.
- Governing law
These Terms and Conditions shall be interpreted in accordance with English law and disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.