BAPIA Membership Terms and Conditions 

We are:                          BAPIA Ltd (company registration number 06807391).

Our address is:                79 Shiplake Bottom, Peppard Common, Henley on Thames, Oxfordshire RG9 5HJ.

We can be contacted at:    In writing to the above address, 0208 123 1746, or by email.   

Welcome to BAPIA. This document contains a lot of information some of which is legal in nature. We have tried to make this as clear as possible and would encourage you to read this carefully before becoming a Member and receiving our Services. When you become a Member and receive our Services you agree to be bound by this agreement.

Meanings of words used by us 

“agreement” is a reference to the agreement we have in place with you to provide Services and which is set out in this document;

“Annual Membership” means Membership which operates on an annual basis and which is subject to the payment of a one-off annual Membership Fee;

“BAPIA”, “we”, “us” and “our” are references to BAPIA Ltd;

“Member” is a reference to the person or entity who has applied and been accepted for Membership;

“Membership” means the scheme which we offer to Members who are registered with us and who have paid the Membership Fee;

“Membership Fee” means the fee payable for Membership; 

“Monthly Membership” means Membership which is subject to the payment of a monthly Membership Fee;       

“Registration Form” means the form which you are required to complete in order to apply for Membership;

“Service(s)” means the services that we provide as part of the Membership;

 “you”, “your” and “yours” are references to you the business entity or person named on the Registration Form and who has applied for Membership.

 

How to become a Member 

1.     Registration

1.1   Membership to BAPIA is open to businesses operating in the balloon and party industry in the United Kingdom. 

1.2   If you would like to apply for Membership you will need to complete our online Registration Form which can be found on our website. The level of Membership that you require must be selected on the Registration Form.    

1.3   You must be 18 years or over in order to become a Member.

1.4   You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of registration and are not false or misleading. You must provide us with valid and complete contact details and a valid email address. Any material changes to this information, including any change of address or contact details, must be notified to us as soon as possible.

1.5   The applicable Membership Fee must be paid at the same time as submitting the completed Registration Form.     

Membership 

2.     Membership Level

2.1   Once we receive your completed Registration Form and the applicable Membership Fee, we will review the application and advise you when your application is accepted and the start date. 

2.2   Annual Membership runs from the 26^th April of each year. If you join part way through a year Membership will run from the date we notify to you once the Registration Form is accepted.  

2.3   Annual Membership is renewed automatically on the 26^th April of each year.

2.4   Monthly Membership runs for 12 months from the date we notify to you following acceptance of the Registration Form. Monthly Membership is for a minimum of 12 months after which it runs from month to month until terminated.  

3.     Membership Fees

3.1   The Membership Fee which you are required to pay will be stated on the Registration Form and on our website. 

3.2   Our accepted payment methods are PayPal, credit or debit cards, cheque or bank transfer. 

3.3   We will notify you at least 14 days before your Annual Membership is due for renewal to ensure that you have sufficient time to pay the Membership Fee for the forthcoming year.   

3.4   Membership Fees for Monthly Membership will be due for payment on the same day each month which will typically coincide with the monthly anniversary of the date you joined.  

3.5   If we do not receive payment on the due date then your Membership will automatically stop and will not start again until you have made the required payment and we agree to continue the Membership. 

What is covered in your Membership 

4.     Benefits

4.1   Membership entitles you to a range of benefits which may vary from time to time. Details of all benefits will be made available to you upon joining and any new benefits will be advertised and notified to you as and when they become available to Members. 

4.2   We reserve the right to alter or withdraw benefits which we offer to Members in order to ensure that the offerings we make available remain competitive and relevant for Members. 

5.     Insurance

5.1   Membership entitles your business to automatic inclusion in our group insurance policies. This will provide cover for public and products liability and employer liability. Legal expenses insurance cover is also provided.

5.2   Insurance cover is subject to the individual terms and conditions of each of the insurance companies details of which are provided when you become a Member.  A failure to adhere to the insurance policy terms and conditions may result in insurance cover being withdrawn or terminated.  

5.3   Please note that BAPIA is neither an insurance broker nor a provider of insurance. It is for each Member to ascertain whether the group insurance policy which is part of the Membership meets your individual requirements.   

5.4   We have also negotiated discounts from different insurance companies for our Members. In order to avail of this benefit a Member will need to purchase the insurance either through the nominated broker or the relevant insurance company directly.

What we do with Your Information

6.     Your Information

6.1   Where we have requested information from you to provide the Services, you agree to provide us with accurate, up to date and complete information.

6.2   We reserve the right to verify with third parties the accuracy of information that you provide to us. 

6.3   You authorise us to use, store or otherwise process your personal information in order to provide the Services to you and for marketing and credit control purposes. 

6.4   All personal information collected, processed and stored by us is done in accordance with our Privacy Policy which is available to view on our website. 

• Membership Cancellation, Termination or Suspension

• 6.5     Cancellation:
• 6.5.1        Annual Membership: You may cancel an Annual Membership with us at any time during your Membership provided we receive a notification from you in writing of your intention to cancel by no later than the annual renewal date. No Membership Fee refunds are made for cancelled Membership.
• 6.5.2        Monthly Membership: Membership may be cancelled by you by writing to us any time after the 12^th month of Membership and advising us of the date that you wish to cancel your Membership. Where we receive notice of your intention to cancel your Membership will continue until the next monthly renewal date and the Membership Fee shall be payable for that month in the usual way.   
• 6.5.3        All requests to cancel Membership must be made in writing which may be done by email. 
• 6.6   Termination: - Either party may terminate this agreement immediately by giving written notice to the other party if:-
• 6.6.1        that other party commits any material breach of any of the provisions of this agreement and in the case of a breach capable of remedy fails to remedy the same within 30 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied; or
• 6.6.2        an encumbrancer takes possession of, or is appointed over, any of the property or assets of that other party; or
• 6.6.3        that other party makes any voluntary arrangements with its creditors or a receiver is appointed or becomes subject to an administration order; or
• 6.6.4        that other party goes into liquidation (except for purposes of amalgamation or reconstruction in such manner that the body resulting from such reconstruction or amalgamation effectively agrees to be bound by or assume the obligations imposed on such other party under the agreement); or
• 6.6.5        that other party becomes or is declared bankrupt; or
• 6.6.6        anything analogous to anything contained in clauses 6.6.1 to 6.6.4 above under the law of any jurisdiction occurs in relation to that other party; or
• 6.6.7        that other party ceases, or threatens to cease, to carry on business.
• 6.7     Termination by us: - We reserve the right to terminate or suspend your Membership and this agreement at any time if we have reasonable grounds to believe that 
• 6.7.1   you have failed to pay the Membership Fee on the due date; or
• 6.7.2   your behaviour is unreasonable, abusive or offensive to other Members or any member of our staff.
• 6.8     In all cases of termination or suspension by us for whatever reason you will not be entitled to a refund of any Membership Fee you may have paid in advance.  

Disclaimer and limits to our liability

7.     LIMITATION OF LIABILITY

• 7.1   No provision of this agreement shall exclude or limit either party’s liability for:
• 7.1.1        death or personal injury caused by negligence of that party;
• 7.1.2        fraud or fraudulent misrepresentation; 
• 7.1.3        or any obligation which cannot be limited or excluded by law.
• 7.2   BAPIA shall not be liable for any:
• 7.2.1        indirect, consequential, exemplary or incidental loss or damage including, without limitation, loss of profits, anticipated savings, business opportunity or goodwill or loss of data; or 
• 7.2.2        for direct damages greater than the limitations established in this clause 7, whether such liability arises from a breach of contract, tort or breach of statutory duty.
• 7.3   Subject to the provisions contained in this clause 7, the total aggregate liability of us to you for any claim or dispute arising under or in relation to the subject matter of this agreement shall not exceed the total Membership Fees paid by you to us during the immediately preceding twelve (12) months under the agreement.
• 7.4   Many of the benefits that we provide to you are sourced by us and provided by third parties. As a result, we cannot accept any liability to you for any acts or omissions on the part of such third parties. We do not offer any warranty or representation in relation to the services or products supplied by third parties and other than as expressly stated in this agreement, we make no warranty or representation to you in respect of the Services that we supply to you. 
• 7.5   Documentation and guidance which is made available to Members are intended as guides only and we cannot guarantee that any such documentation or guidance will be applicable for your situation or circumstances. We are not qualified lawyers or professional advisers and as such we cannot confirm that the legal terms and conditions which are made available for Members to use are suitable for your business. 
• 7.6   We shall not be held liable for any delay or failure to provide the Services to you where such delay or failure is caused by an event which is beyond our reasonable control and could not be reasonably foreseeable, 

• General legal points

• 8.     Confidentiality
• 8.1     We hereby undertake to take all reasonable steps to keep confidential any information relating to your business which we obtain during the course of your Membership with us where such information is of a confidential or commercially sensitive nature. This obligation of confidentiality does not extend to any information which (i) is in the public domain, (ii) was in our possession prior to the date you became a Member or (iii) was disclosed to us by a third party not acting in breach of a confidentiality obligation.
• 8.2     You agree to keep all information concerning our business or that of another Member that you obtain or become privy to during the course of your Membership as confidential and you agree not to disclose such information to a third party without our written consent. 

9.     General

9.1     We may subcontract any part or parts of the Services that we provide to you from time to time and we may assign or novate any part or parts of our rights under this agreement by giving you written notice.

9.2     Any error or omission in any information, or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.

9.3     We may alter or vary this at any time and any revised terms will be notified to you and displayed on our website. 

9.4     These terms and conditions together with any Privacy Policy and the Registration Form constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this agreement. In the event of any conflict between the terms and conditions set out in this agreement and any other term or provision on the website, this document shall prevail.

9.5     If any term or condition of our agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the agreement shall continue in force without such term or condition.

9.6     This Agreement shall be governed by and construed in accordance with English law. Both parties agree that the courts of England and Wales shall have exclusive jurisdiction to determine any dispute.

9.7     No delay or failure on our part to enforce our rights or remedies under the agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

9.8     It is not intended that the undertakings and obligations of the parties set out in this agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.

Last updated: July 2020