Terms & Conditions

Rail Alliance

Terms and conditions of membership

These terms and conditions, along with your Joining Form, form an agreement (referred to in this document as ‘the agreement’) between:

  • “you”, your company, organisation or business.  Where relevant a reference to “you” shall also include your directors and employees; and
  • “us” or “we”, The University of Birmingham trading as ‘Rail Alliance’.

By submitting your Joining Form, and/or participating in any Event, and/or using any Resources you agree to these terms and conditions.

1        Definitions

The words and terms below have the meaning shown when they are used in this document.

Events

Seminars, webinars, conferences, networking events, or other events and activities for Rail Alliance members, whether delivered electronically or in person.

Facilities

The facilities provided for the hosting of Rail Alliance Events, or any replacement facilities we provide.

Guest

Any person you bring to an Event other than a carer who you need to help you use the Facilities you have signed up for as a result of any disability (as defined in the Equality Act 2010) you have.

Term

The period of your membership, as set out in the Joining Form.

Joining Form

The membership joining form which you complete, either electronically on the Rail Alliance website or by hand, to:

  • apply for membership of Rail Alliance; and
  • set out the level of membership you want to sign up for.

Membership Fees

The fees you must pay during the period of your membership, as set out in the Joining Form and increased in line with these terms and conditions.

Resources

The newsletters, sector knowledge, online content, and other resources made available to Rail Alliance members via the Rail Alliance website, and/or via email, and/or at Events.

Working day

Any day other than a Saturday, Sunday, bank holiday, public holiday or ‘university closed day’ published by us from time to time.

2        Start date and membership

a          Your membership will start on the date we accept your application for membership.

We reserve the right to reject any application for membership or for a change in the terms of membership, and turn down any request for a Guest of yours to attend any Event, or to require additional payment in relation to a Guest of yours to attend any Event.

b          Confirmation of membership

             If we accept your application, we will send to you via email, to the email address you specify in your Joining Form, confirmation of your membership of Rail Alliance, and login details for the members’ section of the Rail Alliance website.

  • You must keep a copy of the confirmation you receive as proof of your membership.
  • You must keep your login details confidential and not share your login details with any other person outside of your company, business or organisation. 
  • For in-person Events, entry to the Facilities may be denied to you (and to your directors, employees and/or Guests) without confirmation of your membership and/or your booking details for the Event.
  • If you lose your membership details and/or your login details, or you become aware of any person outside your company, business or organisation using your membership details and/or login details, you should immediately inform us of this.
  • Your membership details must not be used by anybody except you, your directors and employees. If your membership details are misused (including it being used by someone else for any purpose), we may end your membership. If you use another member’s membership details, we may end your membership.

3        Term and Tiers of membership

a          The length of your membership depends on the tier of membership you have, as set out in the Joining Form.

b          Silver Tier and Gold Tier membership
If you select Silver Tier, Gold Tier or other paid-for level membership in your Joining Form, the Term of your paid-for membership will commence on the date on which we email you to confirm your paid-for membership and will continue until 31 December of that year.  Unless you renew your paid-for membership, your membership will then continue at Bronze Tier level.

c           Bronze Tier membership
If you select Bronze Tier membership in your Joining Form your membership will start on the date on which we email you to confirm your membership and will continue until either you write to us to request to end your membership, or until we write to you to terminate your membership.

             You can cancel your Bronze Tier membership at any time, by requesting this in writing, and emailing your request to: therailalliance@contacts.bham.ac.uk

             If you select Bronze Tier membership in your Joining Form and later wish to upgrade from Bronze Tier to Silver Tier, Gold Tier or other paid-for level membership, please contact Rail Alliance to confirm the date from which you wish the upgrade to commence, and for Rail Alliance to confirm the fee(s) payable for this.  Subject to payment of the applicable fees your paid-for level membership shall commence on the date you request and shall continue until 31 December of that year.

4        Paying Membership Fees

a          The conditions on paying your Membership Fees, as shown in your Joining Form, depend on the type of membership you have, as set out in your Joining Form.  Unless otherwise specified in the Joining Form, value added tax (VAT) shall be payable in addition to the fees set out on your Joining Form.

b          Silver Tier and Gold Tier membership
You must pay your Silver Tier or Gold Tier or other paid-for level Membership Fees for the full period of your membership before your paid-for membership starts. Your Membership Fee is non-refundable.  We reserve the right to suspend or end your paid-for membership if payment of your Membership Fees remains outstanding in whole or part.

c           Bronze Tier membership

             No Membership Fees are payable in relation to Bronze Tier membership.  If, at the sole discretion of Rail Alliance, Events and/or Resources are made available to Bronze Tier members, Rail Alliance may charge for these on a case by case basis, such charges to be notified prior to the Event(s) and/or Resource(s) being made available to Bronze Tier members by Rail Alliance.

5        Increasing Membership Fees

a          Rail Alliance reserves the right to introduce or remove membership tiers and/or to change its Membership Fees from time to time, including (without limitation) increases to Silver Tier, Gold Tier and other paid-for level Membership Fees for future years, and/or the introduction of fees for Bronze Tier membership, in each case upon providing prior written notice (via email to members, and/or via update to the membership terms and conditions available on Rail Alliance’s website), such notice to be not less than 15 working days prior to the change(s) becoming effective.

b          We can increase Membership Fees at any time to reflect any increase in the rate of VAT. We will give you at least 15 working days’ notice of any such increase.

6        Us ending your membership

a          Ending the agreement immediately

We may end your membership and the agreement immediately, by giving you written notice, if any of the following applies.

  • Any amount you owe under the agreement is overdue by more than two months from the date it became due.
  • You allow a person other than you (and your directors or employees) to use your membership details to use the Resources and/or Facilities, or you use another person’s identity/ membership/ access card to use the Resources and/or Facilities.
  • You or any director, employee or Guest of yours, uses rude, obscene, abusive, threatening or violent language, or behaves in a rude, obscene, abusive, threatening or violent way, towards anyone at any Event and/or at the Facilities, or otherwise via Rail Alliance’s membership network.
  • We receive or have received complaints about you in connection with your use of the Resources and/or the Facilities, and/or in relation to any Event, so that, in our reasonable opinion, ending your membership is in the interests of other people who wish to use the Resources and/or Facilities, and/or wish to participate in any Event.
  • You do not keep to these conditions.
  • When you applied for membership, you gave us details which you know were false and those details affected our decision to accept your application.
  • You do not keep to the Bribery Act 2010, Equality Act 2010, Modern Slavery Act 2015 or
    Counter-Terrorism and Security Act 2015.

If you want to appeal against our decision to end your membership under the clause above, you can follow the complaints procedure set out in clause 13 of these conditions. If we cancel your membership under this clause, you will not be entitled to any refund relating to the period of time where, because your membership has ended, you cannot use the Resources and/or Facilities, and/or cannot participate in any Event.

b          Ending the agreement after giving notice

We can end your membership and the agreement at any time if we give you at least one calendar month’s notice in writing. If we cancel your membership under this clause, we will, within a period of 28 days from the date your membership ends, refund the proportion of the Membership Fees you have paid for the period of time where, because your membership has ended, you cannot use the Resources and/or Facilities, and/or cannot participate in any Event.

7        Notices

If you need to give any written notice (other than any legal notice) you must send an email to: therailalliance@contacts.bham.ac.uk

Notice (other than any legal notice) will be considered to have been given when we receive it.  Within 10 working days of receiving any written notice from you, we will try to confirm that we have received that notice. If you do not receive our confirmation by letter or email, contact us in writing. We strongly recommend that you get confirmation.

Any legal notice must be sent to the Rail Alliance email address above and, in addition, a copy must also be sent via post addressed to the Registrar and Secretary’s Office, University of Birmingham, Edgbaston, Birmingham, B15 2TT.

If any of the contact details in your Joining Form change, you must give us written notice within five working days.

8        Guests

When permitted by us, to be notified via email and/or via the Rail Alliance website, you can bring one or more Guests at a time to an Event (such number to be agreed with us in writing prior to the Event). Where an Event is an in-person Event you and each Guest may be required to sign in at the reception desk of the Facility hosting the Event. Guests must pay the relevant fee for the Event published on the Rail Alliance website at the time.

If you bring any Guest to use the Facilities, you must make sure that they keep to the conditions which apply to their use of the Facilities, and must stay with them to make sure they do. If your Guest does not keep to any condition, we may refuse to allow you to bring Guests to the Event and/or any future Events.

9        Company Profile

During the continuation of your membership we will include on the Rail Alliance website a profile of your company, business or organisation, to enable other Rail Alliance members to contact you.  We reserve the right to determine the location, form and content of the profile, and reserve the right to offer Silver Tier, Gold Tier and other paid-for members more prominence and/or more detailed profiles than other members.  By providing your information to Rail Alliance you agree that a ‘company profile’ can be created, and you agree that Rail Alliance members may contact you using the information you have provided.  Rail Alliance does not warrant, and shall not be responsible for, the accuracy and completeness of any information contained in any member’s company profile.

10      Events and Resources

Membership does not guarantee you a place at any particular Event(s) nor access to any particular Resource(s).  Certain Events may have limited places available, and Events and Resources will be subject to availability.

Your place at an Event is not guaranteed until payment of applicable fees (if any) is received, and you receive an email from us confirming your place at the Event is booked.  If we cannot accept your booking we will notify you of this via email and refund any payment made by you in relation to the Event.

You must ensure that the information you provide during the booking process for any Event is complete and accurate.  We shall not be responsible for issues which arise from any inaccuracies in the information you provide.

Attendance at any Event is not guaranteed to meet any revalidation and/or CPD requirements you may have.

We reserve the right to amend the programme of any Event or to cancel an Event or any booking.

Both you and we acknowledge the ongoing COVID-19 crisis in the UK.  You and we accept our respective obligations to comply with any official guidance from UK Government, and agree to communicate without delay any issues that might arise in the performance of our respective obligations under this agreement.

In relation to in person Events you acknowledge that COVID-19 may require us to cancel Events at short notice or take appropriate measures for the safety of staff and Event attendees. Without limitation such measures may include the following: (i) imposing maximum delegate numbers at the Event; (ii) limiting or cancelling food or drink availability; (iii) imposing specific requirements regarding personal protective equipment such as the wearing of masks; (iv) designating alternative entrance and exit routes.

Links and/or other Resources may be shared with Rail Alliance members.  Access to and use of such Resources is at members’ sole risk, and Rail Alliance does not accept any liability for the content of Resources.

If any Resources you receive or have access to are marked as, or might reasonably be understood to be, confidential, you shall not use or disseminate such Resources for any purposes (except as required by law).

Nothing in this agreement shall affect the ownership of any existing intellectual property.  No licences to use Resources or any intellectual property rights contained in Resources shall be granted except as expressly set-out in writing at the time of dissemination of Resources, or as may be subsequently agreed in writing by the owner(s) of the intellectual property in the Resources.  Unless expressly stated to the contrary, if and to the extent that any licences shall be granted to use Resources or any intellectual property rights in Resources, such licences shall be deemed revocable at Rail Alliance’s sole and absolute discretion.  Any use you make of Resources shall be at your sole risk and no warranty is given that Resources shall not infringe any third party intellectual property rights.

You are not permitted to use the name, logo(s), crest, or branding of Rail Alliance and/or of The University of Birmingham without prior written permission.

11      Health, safety and security for Events

You must not attend any in person Event if you have, or are suspected of having, an infectious disease or condition.  If you have a medical condition, or any concerns about your health, you should take medical advice before participating in an Event.   Any special dietary requirements must be notified to us in writing, either during the booking process or by emailing us, as soon as practicable before any in person Event.

Smoking and using electronic cigarettes are not allowed at any Facilities used to host in-person Events.

If you are injured or have an accident at any in-person Event, please report it immediately to a member of staff.

Do not block the fire exits or walkways, and comply with the instructions given by staff members related to health and safety of Events and/or Facilities.

You are solely responsible for the security of any belongings you bring with you to any Event.  Should you leave items unattended we do not guarantee that they will not be lost, stolen or damaged, and we will not accept any liability for items you bring with you unless any loss, theft or damage is a direct result of our negligence.

12      Photographs and recordings

You cannot film or take photos at any Event without written permission from us.

We may want to take photos at, or recordings of, Events for marketing, training and related purposes. We will try to advertise any planned photography and/or recording on our website or notify Event attendees prior to such photography and/or recording. If you do not want to be photographed or recorded, or you do not want any of your Guests to be photographed or recorded, please let the Event organiser or a member of Rail Alliance staff know.

13      Complaints policy

We treat all people who make complaints with respect, and expect respect for the staff who deal with complaints.

If you have a complaint, comment or concern in relation to an Event please discuss this with the Event organiser.  If this is not possible, or after speaking with the Event organiser you are still not happy, or if your complaint, comment or concern does not relate to an Event you can follow the complaints procedure below:

  • We will aim to acknowledge your complaint in writing within five working days.
  • We will aim to settle your complaint within 20 working days.

The decision of the Rail Alliance team is final.

14      Liability

No other terms and conditions apply to the agreement, unless they automatically apply by law.

Nothing in the agreement limits or excludes our liability for death or personal injury resulting from our negligence, or for any damage or liability arising as a result of fraud or fraudulent information.

Except where the law requires otherwise:

  • our total liability arising in connection with our obligations under the agreement, will be limited to the Membership Fees you have paid to us in the previous 12 months; and
  • we will not be liable for any special, indirect, consequential or purely financial loss, costs, damages, charges or expenses.

15      General

We can sell or transfer our rights and obligations under the agreement at any time as long as this does not significantly affect your rights under the agreement. You cannot transfer your rights and obligations under the agreement without our permission in writing.

To find out how we will use any personal data you share with us, please read our privacy statements at: https://www.birmingham.ac.uk/privacy/index.aspx

We can share your personal information with our agents, associated organisations and contractors for legal, personnel, administrative, management and other purposes relating to membership and the agreement.

You must stop using the Resources and Facilities, or not start using the Resources and Facilities, when specified by us.

The agreement replaces all previous agreements, arrangements and commitments between you and us. You confirm that you have not entered into the agreement based on any assurance that is not stated in any of the documents making up the agreement.

We will have no liability to you under the agreement if we are prevented from, or delayed in, meeting our obligations under the agreement because of events beyond our reasonable control, including (without limitation) strikes, epidemic, pandemic, extreme weather conditions, equipment breaking down, the power supply failing and necessary repairs or health or safety concerns.

From time to time we may change the Resources and Facilities or access to them, without giving notice, in order to meet any legal or regulatory requirements (as long as the changes do not affect the type of service provided).

We can change all or any of these conditions and the terms and conditions of membership, including introducing reasonable extra charges for services, Resources and/or Facilities, if this is reasonably necessary to continue providing services, Resources and/or Facilities. We do not need to give you notice of such changes.

If any condition of the agreement cannot be enforced, it will not apply. This will not affect the rest of the agreement.

Nothing in this agreement shall create, or be deemed to create, a partnership, joint venture, or relationship of principal and agent as between the parties.

Except where expressly stated, this Agreement is not intended to be for the benefit of and will not be enforceable by any other person whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

In connection with the agreement, you and we agree to keep to, and to each other keeping to, the Bribery Act 2010, the Modern Slavery Act 2015, the Equality Act 2010, the Counter-Terrorism and Security Act 2015 and the University’s Code of Practice on Freedom of Speech on Campus (as amended from time to time) and all related laws, regulations and codes.

Any disputes relating to the agreement must first be handled under the complaints policy set out in clause 13. After those procedures have been followed, you and we will try to settle any remaining dispute by mediation, in line with the Centre for Dispute Resolution Model Mediation Procedure. The mediation will take place in Birmingham. You can find out more about the Centre for Dispute Resolution Model Mediation Procedure from the website at www.cedr.com.  Nothing in this agreement shall prevent Rail Alliance from seeking injunctive relief to limit or prevent disclosure of our confidential information and/or misuse of our intellectual property.

The agreement will be governed by, and interpreted in accordance with, the laws of England.

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