THE INDUSTRY Membership Terms and Conditions
These terms and conditions shall apply to membership at THE INDUSTRY including the use of the website located at www.theindustrylondon.com, owned and operated by FARBLACK Ltd. FARBLACK Ltd is registered in England and Wales under company number 07129522 at 6 Corunna Court, Corunna Road, Warick CV34 5HQ.
By becoming a member of THE INDUSTRY you agree to be bound by the Membership Terms and Conditions set out below. If you do not wish to be bound by the Membership Terms and Conditions then you should not become a member of THE INDUSTRY. Your use of THE INDUSTRY membership will be deemed an acceptance of the terms existing at that time. THE INDUSTRY reserves the right to and may change these terms and condition. If you do not agree with any of the changes to the terms and conditions you reserve the right to cease using your membership immediately.
1. Description of Service
1.1 THE INDUSTRY shall, subject always to clause 3 below, provide an annual membership service for individuals (the ‘Service’). This membership service shall consist of 3 levels which are:
£3.00 / Month
A paid for subscription which allows subscribers access to members-only information via INDUSTRY INTELLIGENCE, a digital magazine featuring a newsfeed dedicated to expert fashion business content and in-depth insider information on THE INDUSTRY’s membership base.
£300 / Year + £45 Registration Fee for the first year
A paid for membership offering the above and including listing on and access to the password-protected digital directory via THE INDUSTRY website. Listing will include a member photograph, description of company and a range of promotional/contact options including e-mail, telephone, website and Twitter. Access to quarterly ‘Network & Expert’ meetings and biannual ‘Master Classes,’ promotion of own company via the INDUSTRY INTELLIGENCE digital magazine, promotion via THE INDUSTRY social media channels and discounts on relevant goods and services. These discounts are subject to change without notice.
1.1.3 FOUNDING MEMBER
£1,000.00 first year to include registration fee. £500.00 subsequent years.
A paid for membership offering the above and including special indication of founding status, access to high-profile third party special events, excess promotion via INDUSTRY INTELLIGENCE and social media channels.
1.2 Acknowledgement and Acceptance of Terms of Membership
1.3 The Membership Conditions comprise the entire agreement between the member and this Service and supersedes all prior agreements between the parties regarding the subject matter contained herein.
1.4 By completing the registration process the member indicates their agreement to be bound by the Membership Conditions.
1.5 THE INDUSTRY retains ownership of all intellectual property rights within THE INDUSTRY’s domain(s), database and the Service, including without limitation, the design, content, graphics, and arrangement.
2. Application for Membership
2.1 In consideration for Membership, applicants agree to:
2.1.1 provide certain, current, complete, and accurate information as prompted to do so by the Application Form.
2.1.2 maintain and update this information as required to keep it current, complete and accurate; and
2.1.3 pay any and all membership fees and charges promptly when invoiced.
2.2 THE INDUSTRY retains the right to terminate use of Membership if any information provided is incomplete or inaccurate.
2.3 As an applicant, you warrant, represent and undertake in relation to all material that you have obtained the necessary permissions from all relevant third parties allowing you to use any relevant material and to permit its dissemination worldwide.
2.4 You warrant that you have appropriate security procedures in place to protect your personal information.
2.5 You represent and warrant that you will comply with all applicable advertising/marketing and consumer protection legislation and industry regulations from time to time in force, including but not limited to the Consumer Protection from Unfair Trading Regulations 2008 and the provisions of the Committee of Advertising Practice's Advertising, Sales Promotion and Direct Marketing Code (the "CAP Code") as regulated by the Advertising Standards Authority. A copy of the CAP can be found at http://www.cap.org.uk/The-Codes/CAP-Code.aspx.
2.6 You represent and warrant that any of your advertising and/or promotions are compliant with the Advertising Standard Authority’s CAP Code.
2.7 THE INDUSTRY retains the right at all times to refuse to provide services or any part thereof, including without limitation, post any unacceptable material and to remove any unacceptable material from our domain(s) and our database.
2.8 THE INDUSTRY reserves the right to refuse membership to any applicant for any reason whatsoever, including but not limited to that applicant’s failure to meet the terms of THE INDUSTRY’S membership criteria. This right endures even where all other criteria listed in this clause 3 are satisfied.
2.9 THE INDUSTRY reserves the right to terminate any membership, or to transfer members from one type of membership to another, for any reason whatsoever including but not limited to that member’s failure to continue to meet THE INDUSTRY’s membership criteria.
3. Membership Subscription terms and access to services
3.1 For SUBCRIBERS access to INDUSTRY INTELLIGENCE will be authorised as soon as subscription payment is received.
3.2 For MEMBER and FOUNDING MEMBER memberships, the membership term will be a period of 12 months, starting on the date of signature of the Membership Application form. Membership must be renewed before the end of each 12-month period.
3.3 If a member does not renew before the end of the 12-month membership period for MEMBER and FOUNDING MEMBER tiers, that membership will expire and a registration fee will be payable on re-registration.
3.4 In order to ensure continued access, fees for renewal must be received by THE INDUSTRY before the end of the 12-month membership period.
3.5 In addition to payment of annual dues, renewal of MEMBER and FOUNDING MEMBER membership requires review by THE INDUSTRY membership committee.
4. Disclaimer of Warranties
4.1 You expressly agree that use of membership is at your sole risk.
4.2 THE INDUSTRY makes no warranty that membership will meet your requirements, or that membership will be uninterrupted, timely, secure, or error free; nor does THE INDUSTRY make any warranty as to the results that may be obtained from the use of membership or as to the accuracy or reliability of any information obtained through the membership.
4.3 You understand and agree that any material and/or data obtained through the use of the membership is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material.
4.4 THE INDUSTRY make no warranty regarding any goods or services purchased or obtained through the membership or any transactions entered into through the membership.
4.5 No advice or information, whether oral or written, obtained by you from THE INDUSTRY or through the membership shall create any warranty not expressly made herein.
4.6 You agree that THE INDUSTRY is not responsible for any material and/or information provided by you or our other members.
5. Limitation of Liability
5.1 THE INDUSTRY shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the membership or for the cost of procurement of substitute goods and/or services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the membership or resulting from unauthorised access to or alternation of your transmissions or data, including but not limited to, damages for loss or profits, revenue, use, data, goodwill or other intangible, even if THE INDUSTRY has been advised of the possibility of such damages.
5.2 Neither THE INDUSTRY or our members shall be liable to the other for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder (other than in relation to payment) resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.
6. Prices and Changes
6.1 Unless expressly agreed in advance, accounts shall be paid in advance on the first and subsequent anniversaries for the full cost of membership through provided payment options.
6.2 Any queries or disputes relating to any invoice issued by THE INDUSTRY must be raised by the MEMBER or SUBSCRIBER within 7 days of receipt of invoice, otherwise the invoice will be deemed accepted.
6.3 The membership term is annual, with fees paid in advance and recurring. If you wish to stop or suspend your membership before the term is up, you are still liable for payment of that term.
6.4 THE INDUSTRY retains the right to suspend or terminate a membership if any outstanding charges or fees are not paid or queried within 7 days of receipt of the invoice.
6.5 Accepted invoices and or payments are non-refundable.
6.6 Charges for membership are subject to increase at any time without notice to the member. Members have the option to cancel without incurring a surcharge subject to the procedure set out in clause 9 of these Members Terms and Conditions, or continue at the revised rate. Charges for membership and any additional services are set out in THE INDUSTRY price list (which we may publish from time to time).
6.7 You can upgrade your membership only when a space comes available within the FOUNDING MEMBER membership tier and this will incur a surcharge which will be raised on an invoice. This charge is non-refundable. Any subsequent membership term will remain at the upgraded level unless you notify us that you want to downgrade, or unless your membership is downgraded by THE INDUSTRY.
6.8 You can downgrade your membership on the anniversary of the membership (renewal).
6.9 THE INDUSTRY reserve the right to charge interest on any monies due which shall be in arrears and unpaid.
7.1 THE INDUSTRY may, at its sole discretion, immediately terminate membership should conduct fail to conform to the Membership Conditions.
7.2 Attempts to spam other members, or advertise goods or services not relevant to THE INDUSTRY and its members in absolute discretion, will constitute a breach of the Membership Conditions.
7.3 Should you seek to directly or indirectly interfere with, damage or degrade the membership, THE INDUSTRY may hold you responsible and take legal action against you for all technical, legal and other costs, including any loss of profit.
8. Consumer right to cancel
8.1 If you are a SUBSCRIBER then you may cancel your Subscription or within a seven-day period, which starts the day after your subscription commences. This will not apply to any individual or entity using THE INDUSTRY for business.
8.2 Any use of THE INDUSTRY by you following successful application for membership (including but not limited to logging in to THE INDUSTRY website; uploading data to the site or extracting information from the site) will constitute the start of provision of services under these Membership Conditions. Any such action on your part, which causes the provision of services to start, will be classed as a waiver of your right to a seven-day period and, accordingly, clause 8.1 will no longer apply, and subscription may no longer be cancelled.
8.3 If you wish to exercise this right then you must inform us in writing by emailing us at firstname.lastname@example.org. You will then receive a confirmation by email.
8.4 Please allow up to 28 days from the receipt of the cancellation for the subscription fee to be refunded in full.
9. Termination Membership
9.1 Membership may be terminated at any time by writing to THE INDUSTRY. Cancellation will only be effective on the confirmation of receipt of your notice.
9.2 Membership fees will not be refunded where cancellation takes place under the conditions set out in clause 8.2 above.
10. Data Protection
10.1 We may collect data about you and process it in accordance with our data protection policy.
11. Use of THE INDUSTRY Logo
11.1 The THE INDUSTRY logo is available for use by FOUNDING MEMBERS and MEMBERS. The logo is permitted for use on website or promotional materials and must be authorised by THE INDUSTRY. Any unauthorised use of this logo will constitute an infringement of THE INDUSTRY 's trademark and may result in membership cancellation and all member information being removed from THE INDUSTRY directory.
12.1 THE INDUSTRY retains the right at our sole discretion to waive any of these contractual terms for a limited period. However, any term waivered shall remain effective upon the expiry of such a limited period.
12.2 If any of these terms or any provisions of the Membership Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
12.3 THE INDUSTRY reserves the right to assign or otherwise transfer our rights or obligations under this agreement.
12.4 Membership is not transferable.
12.5 THE INDUSTRY accepts no responsibility for disputes between you and any individual or organisation. The dispute must be resolved between the parties concerned.
12.6 THE INDUSTRY cannot be held responsible for any issues incurred due to a technical failure or losses arising from misrepresentation of communications.
12.7 Nothing in this contract will affect your statutory rights.
12.8 The laws of England shall govern this agreement and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.