Membership Terms and conditions

Last updated: 21/06/2020

Please read this Membership Agreement carefully before joining or any of our sister Services/Websites and any accompanying mobile applications (the "Service") operated by James Scutt ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with this policy and this policy applies to all visitors, users and others who access or use the Service.

1 Membership

1.1 There shall be multiple categories of membership of the organisation starting with ‘Foundation Members’ with the option of further membership levels to follow in the future. Provisions relating to these categories and any sub-categories of membership of the Organisation shall be contained on our Service.

1.2 Members must satisfy our prescribed membership criteria, as detailed on our website and within our terms and conditions and Privacy Policy. (See website footer)

1.3 Members may upgrade their membership on satisfying the prescribed membership criteria for a higher Membership Grade where available. Downgrades are not permissible.

2 Member Services

2.1 We are committed to providing quality Member Services and shall:

a. establish and make available the materials stated on our Service according to the membership level joined/purchased;

b. maintain the online member directory on listing current active members (if an individual member has opted to be listed);

2.2 Any services or membership options may be withdrawn, without notice at any time.

3 Membership Term

3.1 Your membership is valid for the Membership Term as stated on our Service at the time of purchase.

4 Membership Fees

4.1 Membership of the Organisation in each category of Membership and access to Member Services is conditional upon the payment of the appropriate subscription fee.

4.2 Subject to clause 6, Members are not entitled to a refund of any subscription fees following termination or cancellation of membership.

5 Membership Renewal

5.1 To renew your membership you must pay your subscription fee (if applicable) in full on or before the renewal date. (the 'Renewal Date').

5.2 The Service reserves the right, at its sole discretion, to charge additional fees to renew membership after the Renewal Date.

5.3 Where any subscription payable by the Member to the Service is not paid by the Renewal Date, your membership shall be deemed to have lapsed. The Member will be served with notice allowing the Member 28 days from the Renewal Date to make the necessary payment (the 'Grace Period').

5.4 During the Grace Period, (a) Members remain subject to the terms and conditions and (b) the Service reserves the right, at its sole discretion, to withdraw or suspend access to any Member Services.

5.5 At the expiry of the Grace Period, any membership for which membership fees have not been received in full by the Service shall be terminated and the Member will lose the right to use their accredited status.

6 Right to cancel Membership

6.1 Members shall have a right to cancel their membership within 14 days of joining/purchase or renewal and receive a full refund.

7 Membership Termination

7.1 A Member may terminate his or her membership by providing 28 days’ notice to the Service, subject to clause 7.2 and 7.3 below.

7.2 A Member shall cease to be a Member:

a. on the expiry of 28 days’ notice to the Service of his or her resignation as a Member;

b. if any subscription or other sum payable by the Member to the Service is not paid by the due date and remains unpaid 28 days after notice has been served on the Member by the Service informing the Member that membership will be terminated if it is not paid;

c. if the Board resolves that the Member be expelled. Such a resolution shall not be passed unless the Member has been given not less than 14 days’ notice of the fact that the resolution is to be proposed, specifying the misconduct or circumstances alleged to justify expulsion, and has been afforded a reasonable opportunity of being heard by or of making written representations to the Board;

7.3 Any Member who ceases to be a Member in accordance with clause 7.2 shall remain liable for all subscriptions and any other sums due from the Member up to and including the date when s/he ceases to be a Member.

8 Membership Rejection

8.1 An application for membership shall be determined by the Service which may in its absolute discretion decline to accept an applicant as a Member.

8.2 Members are advised that the Service may also, in certain circumstances, reassess the Membership of any Member whose Membership was terminated or ended.

9 Intellectual Property Rights

9.1 All Intellectual Property which exists in the Materials provided to Members as part of the Member Services are owned by the Service and/or its content providers.

9.2 Membership does not confer any right to use the Services Intellectual Property, including the Services brand and logo, except where expressly provided in writing.

9.3 The Member shall not:

a. licence, sell, rent, lease, transfer, assign or otherwise commercially exploit Materials, including passwords, provided to the Member by the Service; or

b. licence, sell, rent, lease, transfer, assign or otherwise commercially exploit or otherwise make the Member Services available to any third party.

10 Force Majeure

10.1 In the event of Force Majeure, the Service shall not be deemed to be in breach of these Terms and Conditions and in particular shall not be liable for a delay or for 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.

11 Variation

11.1 At its absolute discretion, the Service may at any time alter, amend, change, modify or withdraw any of the membership benefits that comprise the membership offering. It will be your responsibility to keep up-to date with all such changes and your membership renewal and continued use of the Member Services shall be deemed acceptance of any changes to these Terms and Conditions.

12 Notice

Any notice required to be given under these Membership Terms and Conditions shall be in writing, which shall include electronic communication to the email address you provide.

13 Data Protection

13.1 By accepting these Terms and Conditions, you agree to the use of your information as set out in our Privacy policy.

14 Governing Law

14.1 These Membership Terms and Conditions shall be interpreted in accordance with English law and all disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

15 Interpretation

15.1 The following definitions apply in these Membership Terms and Conditions:

a . 'Organisation': means 'CXaccredited', and any other websites/Services owned by James Scutt.;

b. 'Board': the owners of the Service;

c. 'CXaccredited' or ' Organisation ' the website, a trading name of James Scutt trading as SCUCO, registered company number 10611222;

d. 'Force Majeure' any event or occurrence which is outside the control of the party affected and which is not attributable to any act or failure to take preventive action by the party affected, but shall not include any industrial action occurring within the Institute;

e. 'Intellectual Property' copyright, database rights, rights in confidence, rights in passing-off, rights to domain names, registered and unregistered designs, trademarks, patents or other industrial or intellectual property together with any current or future applications for any registrable items of the foregoing;

f. Materials' all materials including the written content, newsletters, conference materials, advertising, brochures, publicity material, invitations, website, branding, logos and other Service materials used by or for or relating to the Member Services;

g. 'Member' a fully paid-up individual member of the Service and “Members” shall be construed accordingly;

h. 'Membership Grade' the grade of membership held by a Member which is dependent on satisfying the membership criteria for the specified grade; these shall include: Foundation Members;

i. 'Member Services' the services provided by the Organisation for the benefit of Members subject to these Terms and Conditions;

j. 'Membership Term' the period of valid membership commencing on the date of joining and when membership fee is received by the Organisation;

k. 'Subsidiaries' shall in relation to CXaccredited, have the meaning of any websites/Services owned by James Scutt.