Terms and Conditions for paying members

NEW MEMBERS PLEASE READ THIS CAREFULLY PRIOR TO CLICKING ON ‘I AGREE’ BY DOING SO YOU ALSO ACCEPT THE CODE OF CONDUCT AND ARTICLES.  THESE CAN BE FOUND HERE

BY APPROVING THESE T&C’S YOU ARE ALSO AGREEING TO RECEIVING JOURNAL MARKETING, SHARING OF INFORMATION WITHIN OUR INTERNAL NETWORKS & FORUMS AND CPD T&C’S. 

TERMS OF MEMBERSHIP:

1. General Terms
1. Membership is on an ongoing basis, but payments are for a term of 12 months unless otherwise stated.  Unless requested otherwise, direct debit payments will be taken on a monthly basis. The initial payment will be a double payment to ensure the first and second month’s payments are collected effectively.  Thereafter, the monthly payments will revert to a single payment.
2. Paid subscriptions entitle the member to all privileges and rights of that category of membership for the period for which payment is made.
3. Member passwords and access codes to password protected areas of the website and other associated membership benefits, are strictly for the use of the individuals to which they were issued and must not be shared with any third party or unauthorised person.
4. Registered members must provide their registration body PIN number to the Association as part of the member registration process.
5. Membership fees are non-refundable.
6. Members cannot apply for indemnity insurance unless they are full paying members of the Association.  Access to the Insurance portal is through the membership area of the website here.  For the avoidance of doubt, the indemnity insurance is underwritten by a third party provider MPLC and full payment is required through a separate portal.
7. Members will be issued with a digital or physical card – this card does not verify that the member has indemnity insurance with the Association.  The MPLC certificate of insurance is the only guarantee that insurance is held by the member.
8. Members with a professional registration are bound by their professional code of conduct.
9. Use of the official AfPP logo must be approved and signed off by AfPP headquarters.
10. Members must refrain from the harvesting of members’ contact information for the formation of unauthorised mailing lists.
11. Members must inform AfPP of any changes in their circumstances or contact details.
12. Where members have given permission, AfPP may contact them on behalf of third parties to offer additional membership services or products from those third parties – the members can then decide whether they want to engage with and share their personal data with the third party concerned.
13. You will be required to verify your authority to set up a Direct Debit instruction.
14. By clicking ‘I Agree’ you are authorising AfPP to check your identification provided.

2. Membership Termination
1. A member is required to provide seven working days’ notice in writing, before their annual renewal date, that he/she wishes to resign their membership.
2. Membership will be terminated if a member’s name is suspended or removed from the regulator body with which he/she is registered.
3. Membership will be terminated if a member’s conduct brings the Association into disrepute and the board resolves he/she is removed from membership.  Membership will be terminated with immediate effect and the party will not be able to describe themselves as a member or be refunded any subscriptions.

OTHER PURCHASES

By clicking ‘I Accept’ you are accepting the following terms and conditions to be entered into between you and the Association for Perioperative Practice (AfPP) of Daisy Ayris House, 42 Freemans Way, Harrogate HG3 1DH.

The Purchaser agrees to be bound by all the terms and conditions of this agreement.

The purchaser agrees that it is enforceable as if it were a written negotiated agreement signed by the Purchaser.  If the Purchaser does not agree to the terms of this agreement or if you are not authorised to enter into legally binding contracts on behalf of the Purchaser, do not click ‘I accept’ and do not continue to place an order on this website.

1. Definitions
   ‘Purchaser’ means the individual or organisation that enters into this agreement and makes a purchase from AfPP using the Website.
   ‘Website’ means the website at the URL: www.afpp.org.uk
   ‘Shopping Basket’ means the screen displayed on the Website which details the goods, the price and other relevant details including, without limitation, delivery details.
   ‘Delivery Price’ means the applicable rate for delivery displayed in the Shopping Basket and will depend on the weight of the goods and the day of delivery.
   ‘Effective Date’ means the date on which the purchaser clicks ‘I accept’ to accept the terms and conditions of this agreement.
   ‘Goods’ means one or more products(s) available for purchase on the Website which the Purchaser purchases as detailed in the Shopping Basket.
   ‘Order’ means an order for Goods paid for by the Purchaser via the Website but not yet delivered.
   ‘Price’ means the purchase price displayed in the Shopping Basket, payable by the Purchaser for the goods and Delivery Price.

2. Purchase and Delivery of Goods
1. Subject to receipt by AfPP of the Price and Purchaser’s compliance with all the terms and conditions of this Agreement, AfPP shall use all reasonable endeavours to supply the Goods to the Purchaser in accordance with the details contained in the Shopping Basket.
2. Completing and submitting an Order over the Website amounts to an offer to contract with AfPP by the Purchaser.  Such offer is accepted and a binding contractual agreement is entered into between you and AfPP, when acceptance of your offer is generated by the Website.  For the avoidance of doubt, AfPP is under no obligation to accept any offer.
3. If for any reason AfPP is not able to obtain the relevant Goods, AfPP will be entitled to cancel any accepted Order or any part thereof by notice to the Purchaser.  In such circumstances, AfPP will refund to the Purchaser such portion of the Price as relates to the Goods that AfPP is unable to provide.
4. The delivery Goods will be carried out by third party couriers or service providers.  Any timescales for delivery given on the Website are purely estimates and shall not result in any binding obligations on AfPP.  AfPP cannot be held liable for any delay in such delivery.
3. Price
1. In consideration for the provision of Goods, the Purchaser shall have paid AfPP the Price.
2. The Price is inclusive of VAT (if applicable).  The Price does not include any import duties or taxes which may be levied by any local authorities if the Goods are to be delivered outside the United Kingdom.  Any such additional duties or taxes shall be paid directly to the relevant body by the Purchaser.
3. In the event that the Price is not paid in accordance with the provisions herein, AfPP may deny the supply of the Goods to the Purchaser without notice.
4. Purchaser’s Warranties and Undertakings
   
1. The Purchaser hereby undertakes to ensure that all details provided to AfPP including, without limitation, delivery details, are complete and accurate.
2. The Purchaser hereby warrants that they are 18 years of age or older.
3.  AfPP shall not be liable for any delay or failure to deliver the Goods which is a result of the Purchaser failing to provide complete and accurate details.
5. Term and Termination
1. This Agreement shall commence on the Effective Date and shall continue until the earlier of: (i) delivery of the Goods, or (ii) a refund being given pursuant to these terms and conditions.
2. If you are acting as a consumer and purchasing the Goods from within the UK you are entitled to cancel this Contract in accordance with the rights granted to you by the Consumer Protection (Distance Selling) Regulations 2000 (‘The Regulations’).  The Purchaser shall be liable for the costs of returning any Goods following the cancellation of a contract under the Regulations. The Purchaser will not be entitled to a refund of any priority, express or courier charges over and above the standards postage and packaging charges.
6. Liability and Warranties
1. To the maximum extent permitting by law, AfPP shall not be liable for any loss, injury or damage caused in whole or part by, or resulting from any failure, delay, interruption or otherwise of the provision of the Goods.
2. The Purchaser’s sole remedy with respect to any claims arising out of this Agreement shall be limited to a refund of the Price.
3. In no event shall AfPP be liable for any special, indirect, incidental or consequential damages, including loss of profits and goodwill, business or business benefit, or the cost of procurement of substitute products or Goods by the Purchaser even if advised of the possibility of such damages.
4. All warranties, including without limitation, the implied warranties or merchantability, fitness for a particular purpose and any warranties arising by statute or otherwise in law or from course of dealing, course of performance or use of trade are hereby excluded and disclaimed to the fullest extent possible by law.
7. Data Protection
1. AfPP is the custodian of your data and is registered under the Data Protection Act 2018 and complies with the General Data Protection Regulation (GDPR) requirements.
2. When offering to enter into a contract with AfPP the Purchaser consents to AfPP and any third parties involved in fulfilling an Order, processing the Purchaser’s personal data to the extent necessary to fulfil that Order.
8. General
1. The Subscriber shall not assign this Agreement, in whole or in part, without the written consent of AfPP.
2. This agreement and its performance shall be governed by and construed in accordance with, and the parties hereby submit, to the exclusive jurisdiction of the laws of England and Wales.
3. If any provision of this Agreement or the Goods thereof is declared void, illegal or unenforceable, the remainder of this Agreement will be valid and enforceable to the extent permitted by applicable law.
4. Any failure by any Part to this Agreement to enforce at any time any term or condition under this Agreement it will not be considered a waiver of that party’s right thereafter to enforce each and every term and condition of this Agreement.
5. AfPP will not be responsible for delays resulting from circumstances beyond its reasonable control including courier and/or post services.
6. This Agreement (i) constitutes the entire Agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, made with respect to the subject matter hereof, and (ii) cannot be altered except by agreement in writing executed by an authorised representative of each party.  No purchase order and/or standard terms of purchase provided by Subscriber shall supersede this Agreement.
7. Nothing in this Agreement shall give, directly or indirectly, any third-party an enforceable benefit or any right of action against AfPP and such third parties shall not be entitled to enforce any term of this Agreement against AfPP.

If you have any questions regarding this Agreement or if you wish to discuss the terms and conditions contained herein, please contact AfPP using the following contact details:

• Website: www.afpp.org.uk
• Emails: XXXXX@afpp.org.uk
• Address: Daisy Ayris House, 42 Freemans Way, Harrogate HG3 1DH
• Telephone: +44(0)1423 881300

Document Version: 0.03

Date: 17 October 2019