1. Subject to acceptance by ICA (in accordance with clause 2 of these terms and conditions) Application for membership shall form a legally binding contract between ICA, and the member named on the application form (the “Member”).
2. ICA’s acceptance is subject to these terms to the exclusion of all others including without limitation any terms which the Member purports to include within a purchase order, acknowledgment or payment confirmation.
3. This contract shall come into force from the date of acceptance by ICA in accordance with clause 2 (the “Membership Start Date”) and shall remain in force until it is terminated or completed in accordance with these terms.
4. After the Membership Date, ICA shall:
a. allow the Member to access the MyMember’s area of the ICA website
5. ICA will:
a. decide how and when the MyMembership access is delivered;
b. determine MyMembership content; and
c. be free to make changes to the same during the term of this contract.
d. Auto-renew the Members subscription of ICA membership
6. ICA shall exercise reasonable skill and care in performing its obligations under this contract.
7. ICA retains ownership of all copyright, trademarks, service marks or trade names, rights in software, rights in design, rights in databases, image rights, moral rights, rights in an invention, patents, rights relating to passing off, domain names, rights in confidential information (including trade secrets), rights in privacy and all similar or equivalent rights in each case whether registered or not and including all applications (or rights to apply) for, or renewal or extension of, such rights which exist now or which will exist in the future in the United Kingdom and all countries in the world (“IPR”) in any materials including without limitation any course materials that it provides to the Member for the purposes of performing its obligations under this contract.
Payment of Membership/Subscription Fees
8. The Member will be responsible for paying the membership/subscription fees set out in the invoice issued by ICA.
9. For all new members ICA requires full payment of membership/subscription fees upon application and will issue an invoice on or after the application date.
10. Members will not be permitted to have access to the MyMembership area of the website or receive assessment results if any payments are overdue.
11. All outstanding payments due under this contract are exclusive of VAT which must be paid in addition at the rate and in the manner prevailing at the relevant tax point.
12. All payments due under this contract shall become due immediately upon termination.
13. The use of the Member Benefits assumes that the Member has a subscription. Members can acquire a subscription either by using a credit card (on the Internet or by telephone), or by other payment methods proposed by this site. Subscriptions can be purchased via this site.
14. The prices and the terms of payment for the different levels of Member Benefits are displayed at all times on this site, including at the point when the Member chooses to make a purchase.
15. The activation of a subscription on a Member's account occurs as soon as a payment transaction has been validated and processed by the ICA Membership team.
16. The Member can contact the ICA at any time to cancel their membership/subscription. The cancellation will take effect from the expiry date given for the active subscription, in accordance with Article 19, 'Cancellation by Member', below.
17. All memberships/subscriptions will be automatically renewed unless the Member notifies us of their wish to terminate their membership/subscription at least 48 hours before the membership/subscription's renewal date. The renewal shall be performed in accordance with the manner of payment originally chosen by the Member, at the current/prevailing price rate which will have been advised to the Member no less than one calendar month prior to renewal. ICA will use all available means to provide this information based on the contact details provided by the member but failure to update contact details does not preclude a member from their on-going contractual liability.
18. For the avoidance of all doubt Members can avoid having their membership/subscription auto-renewed if they contact us at least 48 hours before their membership/subscription expiration date to terminate their membership/subscription.
19. If the Member requests to cancel their membership/subscription and terminate this contract less than two weeks after the membership date, this contract shall be deemed to be terminated with immediate effect and ICA shall provide a full refund of any fees paid by such Member. (14 day cooling-off period), ICA shall be entitled to make a reasonable deduction if any course materials supplied to the Member have been used in a way which has diminished their value or if the Member has benefited from services already provided by ICA.
20. If the Member requests to cancel the membership/subscription and terminate this contract more than two weeks after the Member start date, no refund will be paid.
21. The ICA membership certificate and use of post-nominals (designations) are only valid during the length of membership, if a Member requests to cancel their membership the use of these benefits will be revoked.
22. ICA reserves the right to cancel a workshop/conference/Members’ Assembly/Award Ceremony/Open day/briefing event where the occasion necessitates. ICA accepts no liability for any direct or indirect losses suffered by the Member if, for whatever reason, any such event does not take place.
23. ICA is not liable to the Member for any indirect, special or consequential loss howsoever arising.
24. ICA’s total aggregate liability in contract, tort (including negligence or breach of statutory duty) misrepresentation or otherwise in connection with this contract shall not exceed 100% of the fees paid or payable by the Member pursuant to the terms of this contract.
25. Nothing in this contract excludes or limits ICA’s liability for death or personal injury caused by ICA’s negligence or for fraud or fraudulent misrepresentation or for any liability which cannot be excluded by law.
26. ICA shall be entitled to cancel a Member’s membership and terminate this contract if that Member has not complied with these terms and conditions. This includes the Member meeting the requirements for demonstrating continuous professional development (CPD) and the ICA Code of Ethics.
27. ICA may exercise such right immediately where such failure to comply is not remedied or, where a failure to comply is remedial, after 30 days if the Member has not remedied the breach despite being asked to do so.
28. ICA Members agree to operate in accordance with the ICA Code of Ethics which may vary from time to time and which is published on the ICA website. If a member is viewed as being in breach of the Code, they will be advised of the allegation and given a right of reply. The review of the case for and against the breach will form the basis of a formal disciplinary hearing in accordance with the current terms and conditions which will be published on the ICA website.
29. If a Member is found to be in breach of the Code it is within the list of possible remedies to remove membership status and all of the benefits and privileges attached to membership with immediate effect. There is no refund of annual subscriptions in these circumstances.
30. Upon termination of this contract, the Member shall immediately cease to access the MyMembership area of the ICA website.
31. This clause sets out the responsibilities of International Compliance Association Ltd by guarantee (‘the Provider’), and the Customer in relation to the General Data Protection Regulation and any other applicable data protection law (Data Protection Law). Any terms or words defined in Data Protection Law and used in this clause relating to personal data shall have the meaning set out in Data Protection Law. Where the Provider processes any personal data in relation to services or products covers by these Terms and Conditions, it does so as a data controller on its own behalf (including in order to comply with its obligations and exercise its rights under this agreement), and shall comply with Data Protection Law in respect of such processing. Where the Customer provides any personal data in relation to this agreement, it warrants that it does so in compliance with Data Protection Law and that the Provider may, under Data Protection Law, process such data as required or anticipated by this agreement, and the Customer shall be responsible for any costs, losses or expenses the Provider incurs or suffers as a result of breach of such warranty.
32. The Member will keep secret and confidential all information belonging to ICA and disclosed or obtained as a result of their relationship under this contract which is secret or otherwise not publicly available in whole or in part including the course materials and in all cases whether disclosed orally or in writing before or after the Application Date. In particular the Member will not allow any third party to use or access the membership benefits (such as CPD content, Ethics portal) without obtaining ICA’s prior written consent.
33. The Member shall not assign, transfer or otherwise dispose of any or all of its benefits, rights and/or responsibilities under this contract.
34. This contract contains the entire agreement between ICA and the Member. It supersedes any prior arrangement, understanding, written or oral agreements and any subsequent terms which the Member purports to apply in relation to the subject matter.
35. ICA and the Member each acknowledge that this contract has not been entered into wholly or partly in reliance on, nor has any party been given, any warranty, statement, promise or representation by the other or on its behalf that is not set out in this contract.
36. All warranties, conditions, terms and representations not set out in this contact whether implied by statute or otherwise are excluded to the extent permitted by law.
37. No purported variation of this contract shall be effective unless it is in writing, signed by all the parties.
38. This contract and any disputes arising out of or in relation to it whether contractual or non-contractual in nature shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts.