T's & c's

terms & conditions of membership

BACKGROUND:

These Terms and Conditions are the standard terms which apply to the membership of the COMIT2drone community, namely COMIT Projects Ltd  a company registered in United Kingdom under number 7475561 whose registered office is at BSRIA Limited, Old Bracknell Lane West, Bracknell, Berkshire, RG12 7A (“We” “Us” “Our”);

1. Definitions and Interpretation

1.1     In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Event”Means any event organised by COMIT Projects Ltd
“Member”Means a member of COMIT2Drones community whose application for membership has been accepted, and the person will be a Member thereafter for as long as it remains a Member as provided by these Terms and Conditions, and “Membership” means membership of the COMIT2Drone Community.
“Annual Membership Fee”means the fee raised on the “Registration Form” excluding Vat as amended from time to time by us, payable in advance of each year, upon invoice , which will entitle You to be and remain a Member;
“premises”means the premises at which We hold Events;
“Registration Form”means the application and registration form that We provide to You in hard copy form or online;
“COMIT2Drones/We/Us/Our” means COMIT Projects Ltd whose place of business and contact address is the same address and includes all staff (employees and agents);
“You/Your” means an individual who applies to become a Member of COMIT2Drones, but at all times you shall be a business user of our services;

1.2          Unless the context otherwise requires, each reference in these Terms and Conditions to:

1.2.1        “these Terms and Conditions” is a reference to these Terms and Conditions; and

1.2.2        a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions;

1.3          The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions;

1.4          Words signifying the singular number shall include the plural and vice versa; and

1.5          References to any gender shall include the other gender.

2.     Registration, Application for Membership, Membership Renewal and Termination

2.1         You may apply to become a Member of the COMIT2Drone community by completing the Registration Form and agreeing in that Registration Form to these Terms and Conditions. Membership is for an individual within the applicants organization with a designated substitute within that organization.

2.2          The details that You provide and confirm in the Registration Form must be complete and correct, including You have permission of the business, to bind them to these Terms and Conditions. You have permission to present the business logo. You will become a business user of the services and accordingly not a “Consumer”, and that You agree to these Terms and Conditions.

2.3      You will become a Member of COMIT2Drones community only if and when We accept Your application in writing and You have paid the Membership Fee. Our decision whether or not to accept Your application is in Our absolute discretion.

2.4         Upon Our acceptance of Your application and Your payment of the Membership Fee there will be a contract between You and Us on these Terms and Conditions.

2.5          Your Membership will automatically renew on the anniversary of the Start date for a further twelve (12) months until notice under section 2.6. The Start date will be the date the initial invoice for membership was generated.    

2.6          You may cancel Membership at any time upon 30 days written notice to us. You acknowledge that 30 days’ notice to cancel any membership is a reasonable period in order for us to mitigate any costs, expenses, losses or damages which we may incur as a result of the cancellation of our contracts with third party.

2.7          We reserve the right to expel You from the COMIT2Drones community and/or to withdraw or refuse to renew Your Membership, or suspend it for a specific period, if Your conduct is in Our reasonable opinion unacceptable, or is or may be in Our reasonable opinion, harmful to the reputation of the COMIT 2Drones community or if it amounts to Your breach of these Terms and Conditions or where in Our reasonable opinion such expulsion, withdrawal or refusal to renew Your Membership, is otherwise in the interests of the other Members. If We expel You, You will then cease to be a Member. You will not be entitled to any refund of any part of Your Membership Fee for any withdrawn or suspended period of Membership or for a Session started but not completed due to expulsion or to suspension of Your Membership. All Events booked and/or paid for as a package or individually but not yet attended will then be deemed to be cancelled by Us. You will not be entitled to a refund for any Events paid for.

2.8         To become a Member, You must have a body of work within the construction sector with drones and/or in Our opinion offer significant benefits to the community as a whole.    

3.            Booking and Cancellation of Events, and Consumer Rights

3.1          You must be a Member to participate in any future Events; unless specifically invited by Us as a guest

3.2          An Event and Your place in any Event is subject to availability. No priority is given, and places in an Event are allocated on a first-come-first-served basis;

3.3          We may cancel an Event booked by You at any time before the time and date of that Event in the following circumstances:

3.3.1        The required minimum number (if any) for the Event have not booked for that Event; or

3.3.2        An event described in sub-Clause 7 below occurs.

3.4         We will use all reasonable endeavours to start an Event at its scheduled start time, but the start may be delayed.

3.5        Events are subject to change from time to time but We will try to give You as much prior notice as possible of any such changes.

4.            Fees and Payment

4.1          You must pay the Membership Fee at the time of joining as a Member using any of the following methods:

4.2.1        BACS, Cheque

4.2.2        Credit Card via online payment (note there will be a small surcharge for payment processing)

4.2          We may alter Our prices without prior notice.

4.3          If you fail to pay any amount payable of the Membership fee, we reserve the right to suspend Your membership until all outstanding payments are received in full; and claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

5.            Eligibility for Membership

5.1          We only make Membership available to business users and not consumers and Your application to become a Member will be deemed to be Your confirmation that You will not be a “Consumer” in connection with any request(s) by You to receive any Services from Us. If at any time We find that you are a “Consumer”, We may without liability to You cancel Your Membership forthwith.

5.2          The Membership will, unless otherwise agreed, be in the name of the business entity.

6.           Rules

6.1         Premises:

6.1.1       You must comply with all the Health and Safety, Fire and other legal requirements of the host premises where COMIT2drones holds its events.

6.1.2       Any presentations – at events – sharing or wider distribution of material must be secured in writing from the presenter or their authorised company representative.

6.2         COMIT2drones Logo:

6.2.2       As a member you are entitled to reference and display our logo as long as written permission is obtained from Us. You must not bring the groups’ reputation into disrepute.

7.            Beyond Our Reasonable Control

We will not be liable for any failure or delay in performing Our obligations under the contract resulting from any cause beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

8.           Limitation of Liability

8.1         To the maximum extent permitted by law we will not be responsible for any loss or damage that You may suffer whether as a result of Our breach of these Terms and Conditions or as a result of Our negligence or otherwise.

8.2         Except in respect of death or personal injury caused by Our negligence, we shall not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under these Terms, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by Black Orchid’s servants or agents or otherwise) in connection with the performance of obligations arising under these Terms or in connection with any Event.

8.3         You shall indemnify Us against all damages, costs, claims and expenses incurred by You arising from loss or damage to any equipment (including that of third parties) caused by You or Your agents or employees.

8.4         If You bring any personal belongings onto any premises, We do not undertake to keep them safe or provide any storage place for them. Their loss or damage will be at Your own risk except where such loss or damage is due to any deliberate or negligent act by Us or our staff. We will not be responsible for any loss or damage to Your personal belongings caused by any other guest or visitor even where You leave or store them in any place at the premises that we suggest. We therefore advise You not to bring any valuable belongings to any Event.

8.2         Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.

9.           Changes to Terms and Conditions

We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.

10.           How We Use Your Personal Information (Data Protection)

All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from http://www.comit.org.uk/data-protection-policy.

11.           Complaints

We always welcome feedback and, whilst We always use all reasonable endeavours to ensure that Your experience is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about Our Services or any other complaint about the Black Orchid or any of Our staff, please raise the matter with Ms Geraldine Samuelsson-Brown who can be contacted at the business address.

12.           No Waiver

No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.

13.           Severance

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

14.           Law and Jurisdiction

14.1        These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

14.2         Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the contract between Us and you, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.

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