Membership Terms and Conditions

Interpretation

The following key definitions apply in these Membership Terms and Conditions.

Key Definitions

a. Application Fee: When You apply for membership as an Associate, Member or Fellow or for Chartered Status, admission is subject to You meeting the criteria set out on Our website and may change from time to time and a non-refundable administrative charge and/or non-refundable interview fee may apply for the relevant category. Details of these fees can be found on Our website and may change from time to time.

b. Entrance Fee or Reinstatement Fee: Your entrance fee and/or reinstatement fee to join Ciarb is a one-off non-refundable administrative charge which is paid when You first apply to become a member or when You apply to rejoin after letting Your membership lapse. Details of the fees can be found on Our website and may change from time to time.

c. Member Benefits: Are those member benefits, as set out on the Ciarb’s website from time to time.

d. Ordinary Privileges of Membership: Means the benefits of membership as provided for at Bye-law 8.11 and as referred to in Regulation 23 (Voting Members) and published on Ciarb’s website from time to time.

e. Payment: Any amount of fees that are due for membership, and any other applicable membership subscription fees and payment that is due by anyone applying for membership of Ciarb, including any increased rate of membership fees.

f. Recurring Payment: Means a method of making and pre-authorising payment as set out in clause 4.4 vii), which enables You to make automatic Payment, resulting in Your membership renewed, subject to Your completion of, and Our acceptance of, Your Annual Declaration.

g. Renewal Date: To renew membership, Payment must be made in full before 31 October in the respective calendar year.

h. Working Day: Is a day that is not a Saturday or Sunday, Christmas Day, Good Friday or any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.

2.1. When You submit Your application for membership, You are making an offer to join Ciarb which, if accepted by Us, will result in a legally binding contract.

2.2. A legally binding contract is formed on the date We accept Your application and confirm this to

2.3. You agree to be bound by the following, which form part of Our contract and governs Your membership with Us:

a. Our Royal Charter, Bye-laws, and Regulations (each of which as amended from time to time);

b. These Membership Terms and Conditions (as amended from time to time);

c. Your Membership Application Form and Annual Declaration;

d. Ciarb’s Code of Professional and Ethical Conduct for Members (as amended from time to time);

e. Our Privacy Policy (as amended from time to time);

f. Our Subscription Renewal Terms and Conditions (“Renewal Terms and Conditions”) (as amended from time to time) (Together “the Contract”).

2.4. 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 Royal Charter, Bye-laws, and Regulations;

b. these Membership Terms and Conditions;

c. the Renewal Terms and Conditions;

d. the Privacy Policy

e. Your Membership Application Form and Annual Declaration; and

f. Ciarb’s Code of Professional and Ethical Conduct for Members.

2.5. Each time You renew Your membership, You will be deemed to:

a. accept the Contract; and

b. agree that You will notify Us of any change in circumstance in accordance with 5.2 (below).

2.6. Membership is non-transferable and non-transmissible.

3.1. Acceptance as a member of Ciarb is at Our sole discretion and subject to:

3.1.1. You demonstrating that You have met the criteria required for the category of membership applied for;

3.1.2. receipt of the Payment outlined at clause 4; and

3.1.3. submission by You of an annual declaration of suitability and of Our acceptance of that annual declaration.

You will be entitled to be listed as a Ciarb member on Ciarb’s Member Directory when you are accepted as a member.

3.2. 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 Payment made by You.

3.3. We may decide to decline Your application at Our absolute We are not bound to publish or otherwise communicate the reasons if We decline Your membership application. Should You wish to appeal against the Chief Executive Officer’s decision to refuse admission, the Professional Conduct Committee may hear and determine such appeal (to the extent that the rejection relates to Your conduct).

3.4. We may ask 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.

3.5. If You are an existing member who is renewing their membership, Your Payment must be made in full and annual declaration submitted before 31 October. We also reserve the absolute right to refuse Your membership where We have not received Your Payment in full and/or Your annual declaration before 31 October. Notwithstanding any non-submission of Your annual declaration, You must adhere to Ciarb’s Code of Professional and Ethical Conduct for Members at all times, and You have an ongoing duty of disclosure in respect of Your annual declaration and/or of any breach of Ciarb’s Code of Professional and Ethical Conduct for Members.

3.6. We may send You a notice setting out a period during which You have to submit Your annual declaration. During this notice period, You shall remain subject to these Membership Terms and Conditions, our Royal Charter, Bye-laws, Regulations and Ciarb’s Code of Professional and Ethical Conduct for Members. We may, at our absolute discretion at the expiry of the notice period, withdraw and/or suspend, Your Membership (including suspending membership of any Ciarb panels) until Your annual declaration is submitted.

3.7. You shall not be entitled to any Ordinary Privileges of Membership until You have made Payment in full, and if applicable, the Application Fee, Entrance Fee and/or Reinstatement Fee.

3.8. Ciarb reserves the absolute right to restrict or suspend Your entitlement to Member Benefits until You have made any Payment that is due to Us within 90 days upon receiving written notice and Ciarb deems this as the grace period for Payment.

4.1. Methods of Payment: Payment can be made by any of the following methods:

4.1.1. Direct Debit (annual payment only) (UK-based members only);

4.1.2. a Recurring Payment (annual or monthly);

4.1.3. a one-time payment by credit or debit card; or

4.1.4. a one-time bank

New Members and Upgrades

4.2. New Members: Upon submitting your application to become a member of Ciarb, You must pay the Entrance Fee, Application Fee, and/or any other Payment as detailed on Our website from time to time.

4.3. Re-joining: Upon submitting your application to be reinstated after Your membership has lapsed, You must pay the Reinstatement Fee and any other Payment as detailed on our Website from time to time.

4.4. Membership Annual Payment:

i. Annual Term: Your membership is annual and is valid from 1 January – 31 December or if Your application is received mid-way through the year, from the date that We receive Your membership application - 31 December (“Annual Term”). Unless you are a non-paying member as identified by Ciarb in its sole discretion from time to time, a Student member, or resident in a sanctioned country or a waived country (to be determined at Ciarb’s absolute discretion), Your Payment must be paid annually. Details about the Renewal Terms and Conditions are available and published on Our website.

ii. Processing Your Application: You will not benefit from all of the privileges of membership as soon as We receive Your application, because We need to determine whether You meet the criteria for Your chosen category of membership including the requirements set as out in clause 3. To the extent that it takes Ciarb more than one calendar month to process Your application, We will refund You the balance of Your Payment from 31 days after you submitted Your application to the date that We accept Your application.

iii. Category of Membership: We may 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. To the extent that You do not want to be admitted or renewed as a member, at a different category, You will be entitled to a refund of Your Payment.

iv. Changing Category of Membership: We also reserve the right during the Annual Term of your membership to change Your category of membership 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. To the extent that You do not want to change member category, You will be entitled to a refund of Your Payment from the date that We change your category of membership – 31 December.

v. Late Payment: To renew your membership Payments are due by 1 January, or as notified by Ciarb, and no later than 31 October in the respective calendar year (the ‘Renewal Date’). If You are late in Your Payment , You still need to pay any outstanding Payments before You are eligible to rejoin (even if Your Member Benefits were restricted or suspended for part of that Annual Term, due to non-payment or otherwise).

vi. Direct Debit (annual payments only) (UK-based members only): Where You use Direct Debit, Your membership shall renew automatically, subject to Our acceptance of Your submission of Your annual declaration, for further 12-month periods (unless You indicate otherwise) provided the original Direct Debit mandate remains valid and unless and until terminated in advance in accordance with these Membership Terms and Conditions. You can cancel this payment method at any time by writing to Us at memberpayments@ciarb.org. You can also contact your bank and ask them to cancel the Direct Debit.

vii. Recurring Payments via Ciarb’s third Party Payment Provider:

New members: If You join Ciarb as a member in the first 6 months of any year, between 1 January to 30 June, You may opt to make Your Payment by way of annual recurring payments or, to spread the cost of Your membership over the year, through monthly recurring payments.  If You join Ciarb as a member between 1 July – 31 December, You must make Payment in full through one payment, with the option to create an annual recurring payment. The Membership Subscription is pro-rata in the first year of membership.

Existing members: Your Payment for each year is due on 1 January. You can make Your Payment  by way of monthly recurring payments if You elect to pay monthly by 30 June. If You elect to pay by way of monthly payments and then default, the balance of Your Payment for the year shall fall due, and We reserve the right to request that You pay the outstanding balance for the year in full.

You may at any time, elect to pay by way of annual recurring payments which enables Us to receive payment automatically from You. Depending on Your payment choice, Your Payment will be collected each year on or around 1st January, or on or around the first day of each month, or whichever date Ciarb notifies You of (We aim to provide You with 10 working days' notice).

You can cancel or change Your payment method at any time by writing to Us at memberpayments@ciarb.org. You are responsible for notifying Your Bank or Credit Card Provider of any change.

Please note that Ciarb reserves absolute discretion as to whether it accepts monthly payments from a member.

viii. Price Increases: From time to time, We may need to increase the price of Your Payment. Where You are on a recurring payment schedule, We aim to provide You with 10 Working Days’ notice of any incoming price increase and will make it clear when the price increase will take effect and how much Your membership will cost after the increase (“Price Increase Notice Period”). During the Price Increase Notice Period, You will have the right to terminate Your membership in accordance with these Membership Terms and Conditions by writing to Us at memberpayments@ciarb.org. Such termination will be effective as of the date the price increase is due to take effect. If You do not terminate the membership by the date given to You in the notice, then the price of Your membership will be increased in accordance with Our notice.

Even if We delay in enforcing terms under this Contract, We can still enforce them later: We might not immediately chase You for outstanding Payment(s) but that does not mean We cannot do so later.

ix. Deduction: We shall be entitled to deduct from Your Payment any sums that are due to Us at any time.

We may use a third party to process Your payments under this clause 4. You consent to provide payment details to enable Us, or the third party, to take payment and to store Your payment information. Our Privacy Policy and the Privacy Notice of the third party will apply as appropriate.

5.1. As a member, You will need to create a MyCiarb account on Our website.  Your username (which is Your registered email with Us) and the password you create are unique to You and Your membership. You must not disclose them to any third party and must treat this information as confidential. You are responsible for any activities that occur under Your account and We cannot be held liable for any loss or damage arising from unauthorised use of Your member account, as a result of Your actions.

5.2. You are responsible for completing an annual declaration and also for ensuring the records We hold about You are correct and up to date throughout the Annual You must inform Us of any changes to Your membership details promptly by updating Your details in the MyCiarb section of Our website or by emailing Us at memberservices@ciarb.org. Changes that You must inform Us of, include:

a. any change in Your circumstances which may affect Your eligibility or categorisation as a member;

b. any change of Your personal details (e.g. name or address);

c. any investigation(s), finding(s), sanction(s) or action(s) by a regulatory or professional body;

d. if You (or a company, partnership or other entity which You are in a position of authority or control over) have threatened to suspend payment of debts, been unable to pay debts as they fall due or have admitted an inability to pay Your debts;

e. any outstanding judgments against You;

f. any caution, charge or conviction of any criminal offences, (other than: (i) motoring offences that haven’t resulted in disqualification or (ii) where there is legislation which permits convictions to be removed after a certain period of time and that period of time has passed); and

g. any non-compliance with Ciarb’s Code of Professional and Ethical Conduct for Members.

5.3. We may deactivate 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.

5.4. If You know or suspect that anyone other than You knows Your password and/or that there is unauthorised use of your account, You must take immediate action to protect Your MyCiarb account by changing your password (if possible) and promptly notify Us at memberservices@ciarb.org.

6.1. Upon joining Ciarb You will be allocated to a Ciarb Branch based upon Your given (primary) home address. In order to process Your registration with the Branch and handle subsequent membership renewals, we will provide the Branch with your contact details.

6.2. Upon admission as a member, You will have access to Ciarb’s Member Benefits which may change from time to time.

6.3. In the event that You breach these Membership Terms and Conditions, Ciarb reserves the right to restrict or suspend Member Benefits, at Our absolute discretion.

6.4. As a member, You agree to adhere to and actively support Ciarb’s Code of Professional and Ethical Conduct for Members.

6.5. You are only entitled to use Ciarb’s postnominals in accordance with the Royal Charter, Bye-laws, and Regulations whilst You remain a member.

7.1. Upon admission as a member, You shall be entitled to receive and hold a membership certificate provided You are a member and have paid Your annual Payment (where applicable) and any other monies due and owing, including compliance with these Membership Terms and Conditions. The certificate shall remain the property of Ciarb.

7.2. Upon admission as member, You shall be entitled to receive postnominals relevant to Your grade, and subject to compliance with these Membership Terms and Conditions. The postnominals, including any badges and/or logos that are provided to any member shall remain the intellectual property of Ciarb and shall be returned on the cessation of membership.

7.3. You may only use Ciarb’s logo or any other of Ciarb's branded materials provided for members who have been accepted as members by Ciarb in accordance with clause 3 of these Membership Terms and Conditions, only if You have Ciarb's prior written permission. For enquiries, please contact brand@ciarb.org.

7.4. All the materials You access through the MyCiarb section of Our website (referred to as “Member Materials” in this paragraph), are owned by Ciarb and/or its licensors.

7.5. Subject to 8.7 You shall not, except with Our express prior written permission, copy, distribute, publish, part or all of the Member Materials.

7.6. You do not have permission to commercially exploit part or all of the Member Materials.

7.7. Subject to the principles of fair dealing, You may print or download Member Materials for Your personal and educational use to inform best practice only, providing Ciarb is acknowledged as the source of the material and You adhere to any copyright notice included in the material It is not fair dealing to print or download member materials multiple times, to take multiple copies of printed member materials, nor to share member materials with others unless the copyright notice provides You with express permission to do so.

Cancellation

8.1. Cooling Off Period: If You cancel Your membership within 14 days of making Payment We will refund Your Payment that You have made in the Cooling Off Period. After those 14 days, You may resign Your membership on giving three months’ notice in writing to the Chief Executive Officer via the Member Services email address (memberservices@ciarb.org). You shall remain liable to pay any outstanding Payment up to the date when membership is terminated in accordance with rules and procedure as may be published by Ciarb, including but not limited to the Bye-laws and/or Regulations from time to time.

8.2. We may cancel Your membership if:

8.2.1. You fail to make Payment, including any increase applicable to You on admission to a different category of membership, before the expiration of 6 months, or any other period prescribed by Us, upon receiving one month’s written notice, You shall cease to be member, unless Ciarb decides otherwise;

8.2.2. You fail to submit your annual declaration;

8.2.3. You breach any part of Our Contract;

8.2.4. You are not or no longer eligible for membership within the relevant category and not eligible to be admitted to another membership category;

8.2.5. You fail to comply with Ciarb’s Code of Professional and Ethical Conduct for Members (as amended from time to time) and/or other similar document published by Ciarb;

8.2.6. You commit a material breach (or a series of breaches that amount to a material breach) of this Contract or a significant breach of any of the Royal Charter, Bye-laws, and Regulations;

8.2.7. in Our view, Your conduct is or could prove to be injurious to the good name of Ciarb or Your continued membership risks bringing Ciarb into disrepute in any way; or

8.2.8. the Disciplinary Tribunal and/or Appeals Tribunal expels You from

Suspension

8.3. A suspended member shall remain liable for their Payment but shall not be entitled during the period of their suspension to:

8.3.1. the Ordinary Privileges of Membership;

8.3.2. attend any meeting of members;

8.3.3. vote in any election;

8.3.4. hold office;

8.3.5. receive any appointments;

8.3.6. have their name put forward for

8.4. If an allegation is made against a member, which has been categorised as significant and/or discloses prima facie evidence of misconduct and/or a breach of these Membership Terms and Conditions, Ciarb shall not appoint the member to any of its panels, including but not limited to its Dispute Appointment Service, until the investigation and/or disciplinary proceeding has concluded.

9.1. Save for as set out below, We will use any personal data provided by a member in accordance with Our Privacy Policy, which may be updated from time to time.

9.2. We will use Your personal data in the following ways:

9.2.1. to administer Your membership and deliver any membership benefits and services;

9.2.2. to improve the quality of Our membership benefits and services to You; and

9.2.3. to send email correspondence in relation to Your membership status, membership renewal and other membership matters.

9.3. We may pass Your details onto Our UK or overseas Branch network, regional office network and selected third parties, in accordance with Our Privacy Policy (as amended from time to time).

9.4. Please note that Your name and Your postnominals, job title, country of residence, primary Branch, and personal biography will be displayed on the Member Directory which is in the public domain. If you have a compelling reason as to why your data should not be in the public domain then please contact us at: legal@ciarb.org

10.1. Should You breach any part of Our Contract, Ciarb, may at its discretion take any action that it considers appropriate, including but not limited to being considered for disciplinary proceedings in line with our disciplinary rules in force.

11.1. We do not exclude or limit in any way Our liability for:

11.1.1. death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;

11.1.2. fraud or fraudulent misrepresentation; and

11.1.3. such other liability that We cannot exclude by

11.2. To the extent permitted by law and except as set out in these Membership Terms and Conditions, 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.

11.3. 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.

11.4. We will have no liability to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise for any:

11.4.1. indirect or consequential loss or damage;

11.4.2. loss of data;

11.4.3. loss of profit;

11.4.4. loss of revenue or business (whether direct or indirect), however caused, even if

11.5. Subject to clause 11.1, 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 annual payment of the membership fee made in the 12 months preceding any claim.

11.6. The limitations and exclusions in this clause 11 only apply to the extent permitted by applicable law.

12.1. This Contract, the Renewal Terms and Conditions (where applicable) and any other agreement You may enter into with Us from time to time (for example, to receive training from Us), constitute 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.

12.2. 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

12.3. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

13.1. We may alter, amend, change or modify or withdraw these Membership Terms and Conditions at any time and from time to Notice will be posted on Our website of any change.

13.2. If We do not insist immediately that You do anything You are required to do under these Membership Terms and Conditions, 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

13.3. If any provision or part-provision of these Membership Terms and Conditions 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 Membership Terms and Conditions. If any provision or part-provision of these Membership Terms and Conditions 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.

13.4. 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 Neither You nor We will have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

13.5. The Contract is between You and Us. No other person shall have any rights to enforce any of its any of its Terms.

13.6. Each of the paragraphs of these Membership Terms and Conditions operates If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.7. Nothing in these Membership Terms and Conditions is intended to, or shall be deemed to, constitute a partnership, agency or joint venture of any kind between You and Us.

13.8. These Membership Terms and Conditions are governed by English law, if the parties cannot resolve the dispute via alternative dispute resolution.

13.8.1. If any dispute arises in connection with this agreement the Parties will nominate a representative to try and resolve the matter between themselves.

13.8.2. In the event that the Parties cannot resolve the matter for a further period of 14 (fourteen) days , the Parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. To initiate the mediation a Party must give notice in writing (ADR notice) to the other Party to the dispute requesting a mediation. A copy of the request should be sent to CEDR.

13.8.3. The mediation will start not later than 21 (twenty one) days after the date of the ADR notice.

13.8.4. Unless otherwise agreed between the Parties, the mediator will be nominated by CEDR within 7 (seven) days of the date of the ADR notice.

13.8.5. The mediation will take place in London and the language of the mediation will be English. If there is any point on the logistical arrangements of the mediation, other than nomination of the mediator, upon which the Parties cannot agree within 14 (fourteen) days of the date of the ADR notice, where appropriate, in conjunction with the mediator, CEDR will be requested to decide that point for the Parties having consulted with them.

13.8.6. Any agreement reached through mediation shall be governed by, and construed and take effect in accordance with, the substantive law of England and Wales.

13.8.7. If the dispute is not settled by mediation within 14 (fourteen) days of commencement of the mediation or within such further period as the Parties may agree in writing, either Party may commence arbitration proceedings in London.

13.8.8. The Parties agree that the provisions of this Clause 13.8.8 shall be legally binding.