In these Terms “We”, “Us” and “Our” means the Chartered Institute of Arbitrators (CIArb) incorporated and registered in England and Wales as a registered charity number 803725, and whose registered office is at 12 Bloomsbury Square, London WC1A 2LP.
You can contact Us by post at Our registered address or by e-mail at memberservices@ciarb.org
1.Membership contract
1.1 When you click to submit your online application for membership [or you post or email your application], you are making an offer to join CIArb which, if accepted by Us, will result in a legally binding contract.
1.2 A legally binding contract is formed on the date We accept your application and confirm this to you in writing or by email.
1.3 The following form part of the contract and govern your membership with Us:
(a) Our Royal Charter Byelaws, and Regulations as defined in our Constitution (collectively “the Constitution”);
(b) These Terms;
(c) Your Membership Application Form;
(d) Our Privacy Policy; and
(e) Our Subscription Renewal Terms and Conditions (“Subscription Renewal Terms”).
(Together “the Contract”.)
1.4 If there is any conflict or inconsistency between the provisions of the Contract, such conflict or inconsistency must be resolved according to the following order of priority:
(a) the Constitution;
(b) these Terms;
(c) the Subscription Renewal Terms;
(d) the Privacy Policy;
(e) your Membership Application Form.
1.5 Each time you renew your membership, you will be deemed to accept the Contract.
1.6 Membership is non-transferable and non-transmissible.
2. Application for membership
2.1 Acceptance as a member of CIArb is at Our sole discretion in accordance with the Constitution.
2.2 We may decide to decline your application. We are not bound to publish or otherwise communicate the reasons if We decline your membership application. Subject to Our Constitution, you do not have any right to appeal if your membership application is declined.
2.3 You warrant that all information provided to Us on application for membership is true and accurate at the point of submission. Failure to provide true and accurate information may result in an application for membership being refused or membership being revoked, and, in such circumstances, there will be no refund of the CIArb Membership Subscription.
3. Membership Subscription
3.1 Details about the annual CIArb Membership Subscription are available.
3.2 Membership is annual and is valid for twelve consecutive months from 1 January and shall renew automatically for further 12-month periods (unless you indicate otherwise), provided the original credit or debit card or direct debit used to make payment remains valid, unless and until terminated in advance in accordance with these Terms.
3.3 You must pay your CIArb Membership Subscription by direct debit, credit or debit card or bank transfer. We may use a third party to process the payment of your Membership Subscription. You consent to provide payment details to enable Us, or the third party, to take payment and to store your payment information. Our Privacy Notice and the Privacy Notice of the third party will apply as appropriate.
4. Account
4.1 As a member, you will need to create a username and password, via the MyCIArb section of Our website. Your username and password are unique to you and your membership. You must not disclose it to any third party and must treat this information as confidential.
4.2 We have the right to disable any username or password, whether chosen by you or allocated by Us, at any time, if in Our reasonable opinion you have failed to comply with any of the provisions of the Contract.
4.3 If you know or suspect that anyone other than you knows your password, you must promptly notify Us at memberservices@ciarb.org
5. Membership benefits and obligations
5.1 Upon joining CIArb you will be allocated to an CIArb branch based upon your given (primary) home address.
5.2 You must provide Us with any changes to your membership details promptly including any change in your circumstances which may affect your eligibility or categorisation as a member.
5.3 As a member, you will have access to CIArb’s Member Benefits which may be amended from time to time.
5.4 As a member, you agree to adhere to and actively support CIArb’s Code of Professional and Ethical Conduct.
5.5. You are only entitled to use CIArb’s post nominals in accordance with the Constitution whilst you remain a paid-up member.
6. CIArb Logo
6.1 You may only use CIArb’s logo if you have written permission. Please contact marketing@ciarb.org
7. Cancellation and termination of membership
7.1 You may cancel your membership at any time by providing notice to Us in writing, either at the address above or memberservices@ciarb.org
7.2 If you cancel your membership within 14 days of making payment of your CIArb Membership Subscription, We will refund your CIArb Membership Subscription that you have paid in the last 14 days. We will not refund any CIArb Membership Subscription payments after this time.
7.3 We may cancel your membership if:
7.3.1 a CIArb Membership Subscription which is due remains unpaid 90 days after the date of a notice from Us that such CIArb Membership Subscription is due and We decide to terminate your membership;
7.3.2 you are not or no longer eligible for membership within the relevant category and not eligible to be admitted to another membership category;
7.3.3 you fail to comply with CIArb’s Code of Professional and Ethical Conduct;
7.3.4 you commit a material breach (or a series of breaches that amount to a material breach) of this Contract; or
7.3.5 in Our view, your continued membership risks bringing CIArb into disrepute in any way.
7.4 We may change your category of membership, or request that you apply for a different category, if evidence comes to light which indicates to Us that you should be, or it is in the interests of CIArb as a whole for you to be, in a different category of membership.
8. Data Protection
8.1 Save for as set out below, We will use any personal data provided by a member in accordance with Our Privacy Policy. Please note that the Privacy Policy may be updated from time to time.
8.2 We will use your personal data in the following ways:
8.2.1 to administer your membership and deliver any membership benefits and services;
8.2.2 to send email correspondence in relation to your membership status, membership renewal and other membership matters; and
8.2.3 to send you regular emails to inform you about your membership, membership benefits, Our activities and news, from which you will be given the opportunity to ‘Opt Out’.
8.3 Save for the membership directory, We will not disclose membership information to a third party without your consent or unless required to do so by law.
9. Liability
9.1 We do not exclude or limit in any way Our liability for:
9.1.1 death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
9.1.2 fraud or fraudulent misrepresentation; and
9.1.3 such other liability that We cannot exclude by law.
9.2 To the extent permitted by law and except as set out in these Terms, We exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to your membership and any benefits that We or Our partners may provide.
9.3 We do not accept any liability for damage to, or loss of, your personal belongings whilst you attend any premises of Ours or any event organised by Us. We do not accept any responsibility for any loss (including, without limitation, theft) of any property occasioned at any venue, save for any damage caused by Our negligence in which circumstances. Our liability for such losses shall be limited to the annual CIArb Membership Subscription you paid.
9.4 We will have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise for any:
9.4.1 indirect or consequential loss or damage;
9.4.2 loss of data;
9.4.3 loss of profit;
9.4.4 loss of revenue or business (whether direct or indirect), however caused, even if foreseeable.
9.5 Subject to clause 9.1, Our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed your CIArb Membership Subscription that you paid in the 12 months preceding any claim.
9.6 The limitations and exclusions in this clause 9 only apply to the extent permitted by applicable law.
10. Entire Agreement
10.1 The Contract constitutes 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.
10.2 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 the Contract.
10.3 Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
11. Other important terms
11.1 We may alter, amend, change or modify or withdraw these Terms at any time and from time to time. Notice will be posted on Our website of any change.
11.2 If We do not insist immediately that you do anything you are required to do under these Terms, or if We delay in taking steps against you in respect of you breaching this Contract, that will not mean that you do not have to do those things and it will not prevent Us from taking steps against you at a later date.
11.3 If any provision or part-provision of these Terms 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 these Terms. If any provision or part-provision of these Terms is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
11.4 Neither you nor We will have any remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Neither you nor We will have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
11.5 The Contract is between you and Us. No other person shall have any rights to enforce any of its terms.
11.6 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.7 Nothing in these Terms is intended to, or shall be deemed to, constitute a partnership, agency or joint venture of any kind between you and Us.
11.8 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English Courts.