Definitions:
Application for Membership: means the applicant pays a membership fee to Hull and East Riding Care Association in order to become a Member.
Hull and East Riding Care Association (HERCA) with correspondence address of G15 The Bloc, Springfield Way, Anlaby, Hull, HU10 6RJ
Member means the company who is named on the Invoice for Membership, following acceptance to the Association, the Association has agreed to provide services to, in accordance with these terms.
Membership means the period of time when a Member is contracted to the Association.
Membership Fee means the payment made by the Member to the Association to cover membership costs for the Contract Term.
Membership Term means a period of 12 months.
Specified Service means the service provided by the Association
Terms and Conditions: means the terms and conditions of Membership set out below.
Website: means the Association website https://www.herca.co.uk
Agreement to these Terms
When applying for Membership of the Association, the Member confirms that it has read and agrees to be bound by these Terms and Conditions. Upon membership being accepted by the Association, the Member will be able to access their own copy of the Terms and Conditions from the website and they should be retained for future reference.
Supply of the Specified Service
The Association shall at its sole discretion provide the following Specified Service to the Member:
(a) Discounted advertisement on the Members Page;
(b) a hyperlink to the websites of industry related sources from the HERC Website
(c) regular email communication promoting forthcoming Events;
(d) opportunity to attend free and chargeable Events;
(e) opportunity to meet and network with likeminded business people;
(f) opportunity to promote your business;
(g) opportunity to present to other Members about the services of your business;
(h) opportunity to exhibit your business at Events.
The Specified Service is given to the Member subject to these Terms and Conditions.
The Association shall use its reasonable endeavours to provide the Specified Service within the advertised times.
The Association may at any time without notifying the Member make any changes to the Specified Service which are necessary to comply with any safety or other statutory requirements and/or which do not materially affect the nature or quality of the Specified Service.
Any other changes or additions to the Specified Service or to these Terms will be notified to the Member in writing by the Association in advance of those changes taking place.
Contract Term and Payments
Membership of the Association is for a Term of 12 months and is subject to payment of the Membership Fee each year for membership continuation.
Following the expiry of the first 12 month Contract Term, the Member must renew their Membership paying the Membership Fee for the next Contact Term otherwise Membership is terminated in accordance with these Terms and Conditions and all future access to the website and other specified services will cease.
Members shall pay the Event Fee to attend some Events. Guests attending with Members shall pay the same Event Fee whilst non-members will be charged the Event Fee plus an additional charge. An Event Fee shall not be refunded if a Member or non-member is unable to attend the Event following the expiry of the Event booking deadline date.
Members shall pay an additional fee, to be agreed between the Association and the Member, for a sponsored hyperlink to appear on the Website.
All charges quoted to the Member for the provision of the Specified Service and Events are inclusive of VAT.
Warranties and Liability
The Association warrants to the Member that the Specified Service will be provided using reasonable care and skill as far as reasonably possible. Where the Association uses the service of any agent or third party (such as speakers at events) the Association does not give any warranty, guarantee or indemnity in that respect.
Except in cases of death or personal injury caused by the Association’s negligence, the Association shall not be liable to the Member by reason of any representation (unless fraudulent or negligent) for any loss of profit or any indirect, special or consequential loss, damage costs, expenses or other claims (whether caused by the negligence of the Association or its agents or otherwise) which arise out of or in connection with the provision of the Specified Service and the entire liability of the Association under or in connection with the Membership or Specified Service shall not exceed twice the Membership Fee for that Membership Term, except as expressly provided in these Terms and Conditions. This warranty is in lieu of all other terms, conditions and warranties, expressed or implied statutory or otherwise and any other liabilities whatsoever and howsoever arising.
The Association shall not be liable to the Member or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of the Association’s obligations in relation to the Specified Service, if the delay or failure is due to any cause beyond the Association’s reasonable control, and time shall not be of the essence. In respect of an event cancelled by the Association for any reason whatsoever, liability shall be limited to refunding the Event Fee.
Termination of Membership
The Member may terminate the Membership by giving written notice to the Association. If notice is given during the Contract Term, the Member will not be refunded the Membership Fee for the Contract Term.
Either party may at any time terminate the Membership by immediate written notice if the other commits any material breach of these Terms and Conditions or goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.
Upon termination of the Membership for whatever reason all sums owed by the Member to the Association shall become due and payable by the Member with immediate effect.
General
Membership allows all Member’s to access all areas of the Website. If a Member decides to cancel their Membership, access will stop.
If you enter your details in any enquiry form or contact form you are giving your express permission for your details to be added to our data base for contact and marketing purposes.
Members and attendees at an Event acknowledge and accept that the Association reserves the right to publish email contact details of the attendees at each Event. The contact details may be provided to other attendees, the speaker, the venue, nominated charities or other worthy causes (as determined by the Association from time to time). If you would prefer that your contact details are not published, please let us know by contacting us at info@theherca.co.uk
As a Member of the Association, the Member agrees to conduct themselves in a professional and business-like manner, treating other members with respect at all times. If the Association should receive a complaint about any Member’s behavior, it reserves the right to suspend Membership. Such complaints would constitute a breach of these Terms and Conditions.
Membership of the Association is at the sole discretion of the Association Management committee members as appointed by existing members and it reserves the right to refuse Membership.
Our website uses cookies to monitor browsing preferences. If you do allow cookies to be used, certain personal information may be stored by us. We will never share your personal details with third parties.
Waiver.
No failure or delay by either party in exercising any of its rights under these Terms and Conditions shall be deemed to be a waiver of that right, and no waiver by either party of any breach of these Terms and Conditions by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
Confidentiality.
Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by below.
Each party may disclose the other party’s confidential information:
- to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under these Terms and Conditions. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause; and
- as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under these Terms and Conditions.
Notices.
Any notice to the Association is to be sent in writing to Hull and East Riding Care Association, G15 The Bloc, Springfield Way, Anlaby, Hull, HU10 6RJ or by email to info@theherca.co.uk . Notices to the Member will be sent to the address on the Invoices, unless the Association is otherwise informed in writing. The provisions of this clause shall not apply to the service of any proceedings or documents in any legal action.
Severance.
If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms and Conditions.
Entire agreement.
These Terms and Conditions constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in these Terms and Conditions.
Variation.
No variation of Membership shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
Force majeure.
Neither party shall be in breach of these Terms and Conditions nor liable for delay in performing, or failure to perform, any of its obligations under these Terms and Conditions if such delay or failure result from events, circumstances or causes beyond its reasonable control.
Third parties.
No one other than a party to these Terms and Conditions shall have any right to enforce any of its terms.
Governing law.
These Terms and Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England.
Jurisdiction.
Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or its subject matter or formation.