Saturday, June 22, 2024

Terms of Services - Terms and Conditions of IIA Membership




These Terms and Conditions relate to all categories of IIA members subscribing to the association on or after 20th October 2021.

1.2 Membership is conferred by subscribing as an individual or corporate member on the IIA website and is active from when the subscription is approved by the Board or it’s representative and until you inform us in writing that you wish to terminate your membership or should the Board terminate your membership for non adherence to the following terms and conditions.

1.3 The Association may add to, vary or change the terms and conditions of membership by giving members at least 28 days notice.

2. The following definitions apply to these Terms and Conditions:

Agreement: The legally binding contract entered into by the Member with the IIA upon their application for Membership being approved by the Board of the IIA  and which is subject to these Terms and Conditions.

Documents: Documents includes all data, reports, images or information whether written or electronic created, supplied, disseminated, disclosed or published by or in the name of the IIA in any form whatsoever whether to its Members or any other person or organisation.

Intellectual Property Rights: all logos, trademarks, rights, copyright and related or similar rights, service marks, trade, business and domain names, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for any renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

Membership: Membership of the IIA constitutes a legally binding contract between the Member and the IIA under which the member agrees to comply with these Terms and Conditions.

3.1  The services and benefits of Membership of the IIA, together with all and any rights to benefit from the Intellectual Property rights of the IIA shall be supplied under a contract of membership from the date that the Association notifies the prospective Member that their application to join the IIA has been accepted.

3.2 Membership of the IIA shall be continuous until it is terminated either by the Association in accordance with these Terms and Conditions, or by the Member giving notice in writing to the Association of their intention to terminate their membership.

3.3 A Member of the IIA wishing to terminate their membership shall give 28 days notice in writing to the Association. All rights of the Member shall cease on the expiry of the period of notice including the right to use the IIA registered logo and call themselves a member.

4.1 As between the Member and the Association, all Intellectual Property Rights and all other rights in any documents produced by or on behalf of the IIA shall be wholly owned by the Association.

4.2 The Association licenses all Members to make reasonable use of the IIA logo, subject to all use being in accordance with the Association’s Corporate Identity guidelines, which the Association may amend at any time.

4.3  Upon a Member ceasing for any reason to be a Member of the Association this licence shall automatically terminate and the former Member shall remove the IIA’s logo from all publications, literature, documentation, websites or any other medium in whatever form.

5.1 The member shall not at any time during their period of membership or at any time thereafter whether directly or indirectly make or publish or otherwise communicate any derogatory statements which might damage or lower the reputation of the Association.

5.2 The provisions of paragraph 6 shall survive the termination of this contract, which shall include any way in which Membership may case.

6.1 This condition sets out the entire financial liability of the IIA (including any liability for the acts or omissions of its employees, agents (including other members), consultants, and subcontractors) to any Member in respect of any breach of these Terms and Conditions or any use made by the Member of the Services provided by the Association, including any use or reliance upon document which has the appearance of being adopted by the Association or which is published or supplied by the Association or any advice, guidance or opinion offered by the Association.

6.2 All warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law excluded from these Terms and Conditions.

7. The Association shall not be liable to any member for loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of use, loss of or corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

8.1 It is agreed that the IIA will collect information about members, prospective members, individuals connected with prospective members and companies connected to prospective members, (“data subjects”), in the course of considering an application for membership from a prospective member. This  information will be processed for the purposes described in paragraph 8.3 below and  for the general administration the Association. Information may be passed to legal advisers, loss adjusters, insurers or reinsurers, or the agents of the foregoing for administrative purposes.

8.2 Upon entering into membership the member consents to the Association processing data obtained from the Member which is necessary for the Administration or furtherance of the Association and in addition for the purposes described in paragraph 8.3 below for the period of membership and for a period of 1 year following the termination of that membership by any means.

8.3 The purposes for which data obtained from or relating to a member may be used by the Association, in addition to those set above shall include advertising, marketing and public relations, the keeping of accounts and records, the administration of membership records, the provision of consultancy and advisory services or members or others and the prevention of crime and the prosecution of offenders.

9. The Association shall have no liability to the member under their agreement with the Association if the Association is prevented from, or delayed in performing any service for the Member or from carrying on its business as an Industry Association by acts, events, omissions or accidents beyond its reasonable control including (without limitation) strikes or industrial disputes, failure of a utility service or transport network, act of God, war, riots, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of machinery, fire, flood, storm or default of subcontractors.

10. The Member acknowledges that, in entering into this agreement, it has not relied upon and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) made by or on behalf of the Association.

11.  The rights of the Member shall not be transferable and shall cease upon the member ceasing for any reason to be a member of the Association.

12. Nothing in these terms and conditions shall be deemed to constitute a joint venture of any kind between the Association and the Member nor constitute the member as the agent of the Association for any purpose in the absence of any authority granted by the Association. No member shall have any implied authority to act as agent, or to bind, the Association in any way save where the Association specifically authorises so.