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1.
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Full
membership
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1.1
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FULL
MEMBERSHIP is open
to organisations located in the UK who:
Are engaged in the production,
trading or sale of furniture
Are suppliers to the furniture
using industries
Full members may vote at Annual
General Meetings of FIRA.
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1.2
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All Members are subject to any
Regulations and any other terms as the Board of Directors may
decide from time to time.
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2.
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Joining
FIRA
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2.1
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If you are applying to join on
behalf of your company or organisation, by completing a Membership
Application Form you are:
2.1.1 confirming that you are
authorised to apply to join FIRA on behalf of the company or
organisation whose name appears in that form
2.1.2
agreeing, on behalf of that company or organisation, to these
Membership Terms, our Articles of Association and, on your own
behalf, to our Privacy
Policy.
2.1.3 agreeing to terms and
conditions relating to the use of any particular service such as
our Bookshop, Information resource and Business Information Sheets
(We call these Service-Specific Terms.)
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2.2
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If there is any conflict or
inconsistency between these Membership Terms and any
Service-Specific Terms, those Service-Specific Terms will prevail,
but only in relation to the specific service and only to the
extent necessary to resolve that conflict or inconsistency.
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2.3
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If we accept your application, we
will confirm that acceptance to you by e-mail or by letter. A
contract will be created between FIRA and you (where you are
joining as an individual) or your company or organisation (where
you have applied on its behalf) when we send that confirmatory
e-mail or letter.
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2.4
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The board of FIRA reserves the
right to reject any application for membership, as it sees fit,
without having to give any reason, subject to any right of appeal
set out in our Articles of Association.
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2.5
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We may change these Membership
Terms at any time without giving notice, so please check them
whenever you complete any Membership Application Form (even if you
are merely renewing an existing membership). Any change will apply
to any application to join FIRA or to renew membership submitted
to us after that revision has been published on this website.
Please note that our General Conditions, and any Service-Specific
Conditions, or our Privacy Policy may change at any time, so
please check them each time you visit this website.
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2.6
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Right
to cancel: If you are a consumer, i.e. if you are an
individual and are joining FIRA for purposes outside your
business, you may cancel your membership within 7 working days
beginning on the day after we send you an e-mail or you receive
our letter confirming our acceptance of your application to join.
If you wish to cancel, please send
an e-mail to that effect to: info@FIRA.co.uk or write to: The
Membership Administrator, FIRA, Maxwell Road, Stevenage,
Hertfordshire SG1 2EW
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2.7
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FIRA
is the Furniture Industry Research Association, a company limited
by guarantee, registered in England under company number 688288.
The registered office is at: Stocking Lane, Hughenden Valley, High
Wycombe, Buckinghamshire HP14 4ND.
“We” refers to FIRA and
FIRA International Ltd (an organisation responsible for delivering
membership services on behalf of FIRA)
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3.
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Definitions
The following defined expressions
are used in these Membership Terms:
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3.1
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"the
Authorised Number of Users" the number of Users who may use
the Membership Services, as detailed on the Membership Application
Form, or as otherwise agreed with us in writing;
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3.2
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"the Chiltern Group" -
TTL Chiltern Limited and other companies in the same group as TTL
Chiltern Limited;
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3.3
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"the Member" - the
company or organisation, or the individual, that FIRA has admitted
to membership;
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3.4
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"the Membership Fees" -
our then current membership fees. (Please note that we may revise
the Membership Fees.);
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3.5
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"a Membership Term" - 12
months beginning on our acceptance of the application to join, or
on our acceptance of any application to renew membership;
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3.6
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"the Membership Application
Form" - the Membership Application Form or Renewal Agreement
sent to us;
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3.7
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"the Membership Services"
- those services that we make available to our members from time
to time. (Those services may include services that we make
available to non-members.);
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3.8
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"a User" - an individual
authorised by the Member to have access to the Membership
Services; and
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3.9
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"writing" or "written"
- includes text stored or transmitted electronically.
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4.
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Membership
Services
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4.1
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Access to the Membership Services,
and to any software, data, information and materials made
available through them, is limited to individuals within Member
organisations
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4.2
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The Member must ensure that all
User log-ins, PINS, IDs and passwords are kept secure and
confidential. The Member must inform us immediately the Member
becomes aware of, or suspects, any breach of security or
unauthorised use of any User log-in, PIN, ID or password. We may,
at our discretion, suspend or change any User log-in, PIN, ID or
password.
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4.3
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Neither the Member nor any User may
try to circumvent the security features of this website, or tamper
with, hack into, or in some other way disrupt or disable any
computer system, server, website, router or other device used to
host this website or make it available.
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4.4
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The Member must notify us as soon
as possible if there is any change in the person within the
Member's organisation who is responsible for liaison with FIRA or
if there are any changes in his contact details.
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4.5
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We will try to keep the Membership
Services made available via this website available to Users 24
hours a day, 7 days a week, but we do not undertake or warrant
that the Membership Services will operate continuously or without
interruption.
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4.6
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We may, at any time, suspend the
provision of the Membership Services and this website for the
purposes of maintenance or support, or if FIRA believes or
suspects that their use infringes the intellectual property rights
or other rights of any third party, is in any way unlawful, or is
likely to lead to anyone taking legal proceedings, or if FIRA
believes or suspects that there has been a breach of any of these
Membership Terms, our General Terms and Conditions or any
Service-Specific Terms.
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4.7
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We may, at any time and from time
to time change, remove or edit any of the Membership Services, or
suspend the Member's and any User's access to the Membership
Services or this website (or do both of those things) if anyone
who appears to us to have reasonable grounds or cause for
complaint requests us to do so, or if we have reasonable grounds
for doing so. We reserve the right at any time to add to or delete
from the Membership Services.
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5.
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Third
Party Goods, Services and Links
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5.1
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If the Member purchases or acquires
goods or services from any third parties, even if the Member has
been directed from this website to them, any contract entered into
with those third parties and any use made of their website is a
matter between the Member and the third parties. We have no
liability for the quality or type of services or goods provided by
any third party we may mention on this website or to whom this
site may be linked. It is for the Member to make its own judgement
about them.
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5.2
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Any opinion, advice, statement,
service, offer, or information or content provided or made by any
third party on this website, or on any site to which this site is
linked, is that of the author or provider, and not of FIRA or any
member of the Chiltern Group. Neither FIRA nor any member of the
Chiltern Group endorses, and they are not responsible for, the
accuracy or reliability of, any such opinion, advice, statement,
service, offer, information or content.
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5.3
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Where content or information on or
services available via this website have been supplied by a third
party, neither FIRA nor any member of the Chiltern Group controls
or endorses them in any way. All information, content and services
supplied by third parties are made available in good faith but we
do not (to the extent allowed by the law) accept responsibility
for their accuracy or use.
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5.4
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Neither FIRA nor any member of the
Chiltern Group makes any representation or gives any warranty
about any other websites or any opinion, advice, statement, offer,
information or content on them. They have no control over their
content or availability. They will not be liable for any loss or
damage caused by or in connection with use of, or reliance on, any
content, goods or services available on or through any other
website.
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5.5
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Any concern about any other website
should be directed to that site's website administrator or web
master.
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6.
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Intellectual
Property Rights
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6.1
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The content and information on and
services provided via this website are protected by copyright,
database rights and other intellectual property rights.
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6.2
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Subject to Conditions 7.1 and 7.2
below and any Service-Specific Terms, each User may read, print
and download parts of the material and information on this website
for his private use or use in the ordinary course of the Member's
business, but neither the Member nor any User may make any profit
from the use of that material or information nor republish,
disseminate or transmit any of it, or exploit it for commercial
purposes, or make any derivative work, or copy it for any other
purpose without first obtaining our written permission, or that of
the rights owner. To seek such permission please contact FIRA
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7.
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Use
of the FIRA Logos
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7.1
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Members
are entitled to use the FIRA Membership Logo in accordance with
the Rules
for Use of the FIRA Logos.
No other use of our logos is permitted, unless you have our
specific written consent to that other use.
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7.2
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As soon as anyone ceases to be a
Member of FIRA or FIRA revokes permission to use the FIRA Logos,
it must stop using them, and must immediately remove them from its
business stationery, promotional materials and website. This
applies even where specific written permission to use them has
been given in the past.
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8.
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Data
Protection and Privacy
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8.1
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We
want to protect the privacy of visitors to our website and that of
our customers and other individuals. Please read our Privacy
Policy; it
will help you to understand how we use your personal data. We may
change our privacy policy at any time without giving you notice,
so please check it each time you visit this website.
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8.2
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Whenever
you give us personal data, you are consenting to its collection
and use in accordance with our Privacy
Policy.
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9.
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Fees
and Payment
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9.1
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The Membership Fees payable are
those in force at the date and time the Membership Application
Form is sent to FIRA. We may change the Membership Fees at any
time before the Membership Application Form is sent to us.
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9.2
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Details of our Membership fees and
the procedures for payment are displayed on this website. Payment
of our Membership Fees will cover access to the Membership
Services provided free of charge to Members during the Membership
Term.
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9.3
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We try to ensure that the
Membership Fees displayed on this website are accurate but the
fees on your Membership Application Form will need to be checked.
We will inform you if the Membership Fees are higher than those
stated in the Membership Application Form and, if they are, you
may cancel the application to join FIRA.
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9.4
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The Member undertakes and warrants
that all details provided to us for the purpose of joining FIRA
will be correct, that the credit or debit card used belongs to the
Member or the person submitting the Membership Application Form on
behalf of the Member and that there are sufficient funds or credit
facilities to cover the Membership Fees.
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9.5
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We reserve the right to obtain
validation of any credit or debit card details and to clear any
cheque before accepting any application to join FIRA.
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9.6
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Membership Fees are exclusive of
Value Added Tax and all similar taxes or duties.
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9.7
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If the Member fails to make any
payment when due under these Membership Terms, we may suspend
access to any or all of the Membership Services until the payment
is made, without prejudice to any other rights or remedies we may
have.
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9.8
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Members
may withdraw from membership by giving notice in writing six
months before the expiry of their subscription year. In default of
giving such notice Members shall be liable to pay the whole of the
subscription for the following year.
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10.
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Accuracy
of Information, Warranties and Disclaimer
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10.1
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We try to ensure that any
information and content on our website that has not been supplied
by a third party is accurate, but we make no representation and
give no warranty that any information or content is accurate, up
to date or complete. We accept no liability for any loss or damage
caused by inaccurate information or content.
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10.2
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If any User finds any inaccurate,
out of date or incomplete information or content on this website,
or if it suspects that something is an infringement of
intellectual property rights, it must let us know immediately by
contacting FIRA
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10.3
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Each
User should independently verify any information and content on
this website before relying on it. The information and content on
and software available through this site are not intended to
address any particular requirements; they do not constitute any
form of advice or recommendation by FIRA or any member of the
Chiltern Group and are not intended to be relied upon in making
(or refraining from making) any decision. The information and
content on and software available through this website are not
substitutes for the exercise of professional judgement. If the
User is not qualified nor experienced enough to make that
judgement, he should take professional advice.
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10.4
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The Member is responsible for
ensuring that its computer systems are suitable to access and use
this website. We do not warrant that any software or content
available through this website will be free from viruses or other
code that might be harmful. The Member is responsible for
implementing sufficient anti-virus and other security checks to
ensure the accuracy of data input and output.
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11.
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Liability
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11.1
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The information and material on
this website are provided on the basis that neither FIRA nor any
member of the Chiltern Group has any liability for that
information or material.
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11.2
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Neither FIRA nor any member of the
Chiltern Group has any liability for the inability of anyone to
access this website or any information or material on it, and they
do not warrant that this site or the Membership Services will be
available without interruption.
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11.3
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Neither FIRA nor any member of the
Chiltern Group is responsible for, and they will have no liability
for, any error or corruption or breach of security resulting from
the transmission of any information or material over any
telecommunications network.
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11.4
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Neither FIRA nor any member of the
Chiltern Group excludes or limits its liability for death or
personal injury caused by its negligence or for any fraud on its
part, or for any liability which cannot be excluded by law.
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11.5
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Subject to Condition 11.4, neither
FIRA nor any member of the Chiltern Group will be liable for any
indirect or consequential loss, or for any loss of business,
profit, revenue, goodwill or data, lost or wasted management time
or the lost time of other employees arising from any use of this
website or any information or material on it, or any service made
available through it (whether that loss is direct or indirect).
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11.6
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The total liability of FIRA and the
members of the Chiltern Group (whether in contract or tort,
including but not limited to negligence, or arising in any other
way, and whether or not of a kind foreseeable by them) will be
limited to damages which will not exceed, in aggregate, the
Membership Fees paid to FIRA by the Member during the 12 months
before the event giving rise to the claim, or £1,000,
whichever is greater.
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11.7
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Except as expressly set out in any
Service-Specific Terms (which apply only in relation to the
specific service), all warranties, representations, terms,
conditions and undertakings, whether implied by statute, common
law, custom, trade usage, course of dealing or otherwise
(including any implied warranty, representation, term, condition
or undertaking of satisfactory quality or fitness for a particular
purpose) are excluded to the fullest extent allowed by law.
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11.8
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Neither FIRA nor any member of the
Chiltern Group makes any representation or gives any warranty that
the information and material on this website, or any service made
available through it, are appropriate or available for use in
locations outside the United Kingdom.
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11.9
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If the use of any information or
material on this website, or any service made available through
it, is unlawful in any jurisdiction (because of any User's or the
Member's nationality, residence or for some other reason), that
information, material or service is not offered. If the Member or
any User is resident outside the United Kingdom it must satisfy
itself that it is lawfully able to use the information, materials
and service. Neither FIRA nor any member of the Chiltern Group
accepts any liability, to the extent allowed by the law, for any
costs, losses or damages resulting from or related to the access
or attempted access of any information, materials or service by
anyone outside the UK.
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11.10
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Neither FIRA nor any member of the
Chiltern Group will be liable for any loss or damage caused by any
delay or failure to perform any of its obligations if that delay
or failure is beyond its reasonable control.
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12.
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Term
and Termination
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12.1
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Subject to Conditions 2.6, 12.2,
12.3 and 12.4 the Member's membership of FIRA will last for the
Membership Term.
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12.2
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FIRA may suspend the Member's right
to use the Membership Services at any time if the Member has not
paid any sum to FIRA by the due date, or if the Member is in
breach of these Membership Terms, our General Terms and Conditions
or any of the Service-Specific Terms.
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12.3
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Membership of FIRA may also be
terminated in accordance with our Articles of Association.
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12.4
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The termination or expiry of
membership will not affect any accrued rights or liabilities of
FIRA or the Member.
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12.5
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Conditions 2, 3, 5, 6, 7, 8, 9, 10,
11, 12.4, 12.5, and 13 will survive the termination or expiry of
membership and will continue indefinitely.
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13.
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General
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13.1
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No delay, neglect or forbearance on
our part in enforcing any provision of these Membership Terms will
be, or be deemed to be, a waiver or in any way prejudice any of
our rights.
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13.2
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If any provision of these
Membership Terms is (for any reason), held to be unenforceable,
illegal or invalid in some other way, the unenforceable, illegal
or invalid provision will not affect the remainder of these
Membership Terms, and they will continue in full force and effect.
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13.3
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These Membership Terms are governed
by English law and the Member agrees to submit to the
non-exclusive jurisdiction of the courts of England and Wales. The
place of performance will be England.
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13.4
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No addition to or modification of
any provision of these Membership Terms will be binding on FIRA
unless made in writing and signed by its duly authorised
representatives.
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13.5
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These
Membership Terms together with our Articles of Association, our
General Terms and Conditions, the Terms
for the Use of the FIRA Logo,
any Service-Specific Terms, our Privacy
Policy and
the Membership Application Form, and any payment method
instructions, contain the entire agreement and understanding
between FIRA and the Member. They supersede any earlier
agreements, understandings or arrangements (whether oral and
written) relating to the subject matter of these Membership Terms.
The Member acknowledges that it is not joining FIRA on the basis
of any statement, representation, warranty or other provision
except those expressly contained or referred to in these
Membership Terms. Nothing in this Condition limits or excludes
FIRA's liability for fraud.
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13.6
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The Member may not assign,
sub-license or otherwise transfer any of its rights or obligations
as a member.
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13.7
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Nothing in these Membership Terms
confers or purports to confer on anyone except the Member any
right under the Contracts (Rights of Third Parties) Act 1999 or in
any other way to enforce any of these Membership Terms.
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