Terms & Conditions

TERMS AND CONDITIONS ("Terms")

Badminton England Membership

Badminton England Membership is the Badminton England Registered Membership Scheme of the BADMINTON Association of England Limited, a company registered in England and Wales with company number 01979158 whose registered office is at the National Badminton Centre, Bradwell Road, Loughton Lodge, Milton Keynes, MK8 9LA ("Badminton England"). References to "We", "Us" and "Our" should be construed as references to Badminton England.

Contents

1. Your Acceptance of these Terms
2. Your Membership
3. Fees and Payment
4. Changes to your Membership or to these Terms
5. Membership Benefits
6. Events outside our control
7. Data Protection
8. Badminton England Policies
9. Your rights to cancel and entitlement to refunds
10. Our rights to cancel and applicable refund
11. Complaints handling
12. Other important terms


1. YOUR ACCEPTANCE OF THESE TERMS

1.1 Individuals can apply to become members of Badminton England in the following ways:

1.1.1 direct, by completing the online application process through this link: http://clubengland.Badmintonengland.co.uk/cem/index.cfm/membership-types/direct-membership/; or

1.1.2 by applying to become a member of any Badminton England club, as, by virtue of doing so, you are also applying for Badminton England Membership as well as linking with your County Badminton Association.

1.2 By applying for Membership (as defined in clause 2.1 of these Terms) via either of the routes described in clause 1.1 of these Terms (which shall together be referred to in these Terms as ("Application for Membership")), you agree to be bound by the whole of these Terms.

1.3 The Terms do not affect your statutory rights as a consumer.

1.4 Please ensure that you read these Terms carefully before your Application for Membership application is submitted (whether by you direct or on your behalf by a club).

1.5 When your Application for Membership is submitted to Us, this does not mean that We have accepted it. Our acceptance of your Application for Membership will take place as described in clause 1.6. If We are unable to accept it, We will inform you, or the club that has submitted your Application for Membership, of this.

1.6 These Terms will become binding on you and Us when We confirm to you, in writing, that We have accepted your Membership application, at which point a Membership contract will exist between you and Us.

2. YOUR MEMBERSHIP

2.1 Badminton England offers the following categories of annual membership;

2.1.1 Adult Member (for those aged 19 and above) ("Adult Membership"); and

2.1.2 Junior Members (for those aged below 19 years when their Application for Membership is submitted to Us) ("Junior Membership").
Adult Membership and Junior Membership will together be referred to in these Terms as "Membership", each being a "Member".

2.2 The Membership year runs from 1st November to 31st October inclusive. Subject to clauses 9 and 10 (cancellation) of these Terms, each Member’s Membership will (subject to that Member completing a new Application for Membership if requested to do so by or on behalf of Badminton England) automatically renew on 1 November each year whereupon Members will become liable to pay a Membership fee for the new Membership year in accordance with Badminton England's then current Membership fees and with clause 3 of these Terms.

2.3 Members are entitled to receive the services and benefits listed on the webpage that can be accessed via the link: http://clubengland.Badmintonengland.co.uk/cem/index.cfm/member-benefits11 (the "Membership Benefits")

2.4 If We accept your Application for Membership, We will issue you with a Membership number. Please quote your Membership number in all subsequent correspondence with Us. We will also send you a Membership card which you agree we may send to you by post to the address specified in your Application for Membership.

3. FEES AND PAYMENT

3.1 Membership Fees are agreed and set annually at Badminton England's January Board meeting and members are informed at the January Council Meeting. New Membership fees apply from the start of the next Membership year (i.e. from 1st November each year following the January Council meeting).

3.2 Membership fees for the current Membership year are shown here. We may increase Our Membership fees from time to time, however if, as a result of any increase to Membership fees that We make, you would like to cancel your Membership, you may do so in accordance with clause 9.7.5 of these Terms.

3.3 If you make an Application for Membership in accordance with clause 1.1.1 of these Terms (i.e. if you apply direct to Badminton England), you must pay your Membership Fee to us at the time that your Application for Membership is submitted. Membership Fees can be paid via credit card or direct debit using the online link in clause 1.1.1 of these Terms.

3.4 If you make an Application for Membership in accordance with clause 1.1.2 of these Terms (i.e. if you apply to become a member of Badminton England by virtue of applying to become a member of a club), your Badminton England Membership fee will be included in the membership fee that you pay to the club that you apply to join. You do not need to pay Us a Membership fee direct as the club in question is responsible for passing on to us the portion of the fee that you have paid to it that represents your Badminton England Membership fee. When affiliating as a club member to Badminton England you are also agreeing to affiliate to your relevant County Badminton Association (CBA) which is determined by the CBA that your affiliated club is registered to, fees of which are also included in your club membership.

3.5 If We do not receive any Membership fee that is payable under clauses 2.2, 3.3 and/or 3.4 of these Terms either by you or on your behalf, we may suspend your Membership or reject your Application for Membership. If it becomes necessary for Us to take any action under this clause 3.5, We will inform you, or the club that submitted your Application for Membership to Us, of this.

4. CHANGES TO YOUR MEMBERSHIP OR TO THESE TERMS

4.1 We will, from time to time, review the Membership Benefits and may make changes that we feel, acting reasonably, are appropriate. Any changes to the Membership Benefits will be posted on Our official website at www.Badmintonengland.co.uk. If as a result of any changes to the Membership Benefits that We make, you would like to cancel your Membership, you may do so in accordance with clause 9.7.3 of the Terms.

4.2 Badminton England reserves the right to suspend or cancel the Membership of any Member who, in the reasonable opinion of Badminton England, is guilty of conduct which is or may be detrimental to the reputation of Badminton England or is or may be detrimental to the interests of the game of Badminton or is otherwise offensive or dishonest in respect of his/her dealings with Badminton England or any club or County Badminton Association.

4.3 We may revise these Terms from time to time in the following circumstances:

4.3.1 changes in relevant laws and regulatory requirements; and/or
4.3.2 if it is no longer commercially viable for Us to offer any aspect of Membership, including but not limited to any Membership Benefits.

4.4 If We have to revise these Terms under clause 4.3, We will give you at least 30 days' written notice of any changes to these Terms before they take effect. If as a result of any changes to these Terms that We make, you would like to cancel your Membership, you may do so in accordance with clause 9.7.3 of the Terms.

5. MEMBERSHIP BENEFITS

5.1 We will use our reasonable efforts to make the relevant Membership Benefits available to you for the duration of your Membership. However, there may be periods during which some or all of the Membership Benefits are unavailable to you due to an Event Outside Our Control. Please see clause 6 of these Terms for Our responsibilities when an Event Outside Our Control happens.

5.2 Whilst every effort is made to ensure that the benefits and services provided by third parties (e.g. discounts) will be delivered to all Members and be of a suitable standard and quality, Badminton England is in no way responsible for such benefits and services, which will remain the sole responsibility and liability of such third parties. Badminton England makes no representation, warranty, recommendation or endorsement (whether express or implied) of the goods and/or services provided by such third parties and you accept that none is given or implied and that Badminton England shall have no liability in connection with the provision of such goods or services.

6. EVENTS OUTSIDE OUR CONTROL

6.1 We will not be liable or responsible for any failure to perform, or delay in the performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.

6.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications or data networks.

6.3 If an Event Outside Our Control that affects the performance of Our obligations under these Terms occurs:

6.3.1 We will contact you as soon as reasonably possible to notify you; and

6.3.2 Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our ability to make Membership Benefits available to you, We will resume provision of the Membership Benefits as soon as reasonably possible after the Event Outside Our Control is over.

6.4 If an Event Outside Our Control takes place and you no longer wish to remain a Member, you may cancel your Membership in accordance with clause 9.7.4 of these Terms.

7. DATA PROTECTION

7.1 Badminton England is registered with the Information Commissioner's Office to process personal data (as defined in the Data Protection Act 1998 ("DPA")) and is fully compliant with the provisions of the DPA (as amended from time to time).
7.2 Subject to our Privacy Policy (see clause 7.3 below) We will use the personal data you provide to Us to:

7.2.1 provide the Member Benefits;

7.2.2 process your payment of Membership fees;

7.2.3 administer your Membership (including but not limited to sending you your Membership card in accordance with clause 2.4 of these Terms); and

7.2.4 administer and promote the sport of Badminton including but not exclusive to promoting official publications of Badminton England, its CBAs and affiliated clubs, advising of event ticket offers and promoting tournaments.

7.3 For more information on how We process any personal data that We collect from you or that you provide to Us, please refer to our Privacy Policy, a copy of which can be viewed here

8. BADMINTON ENGLAND POLICIES

8.1 As an organisation using the Disclosure & Barring Service (DBS) to help assess the suitability of applicants for positions of trust, Badminton England complies fully with the DBS Code of Practice regarding the correct handling, use, storage, retention and disposal of Disclosures and Disclosure information. Badminton England also complies fully with its obligations under the DPA and other relevant legislation pertaining to the safe handling, use, storage, retention and disposal of Disclosure information.

8.2 For further information on the handling of confidential and sensitive safeguarding information please refer to the Secure Storage, Handling, Use, Retention & Disposal of Disclosures, Disclosure Information and Case Management Files Policy, a copy of which can be viewed here.   

8.3 As a Member you agree to abide by the principles of, and adhere to the Badminton England Equality & Diversity Policy, a copy of which can be viewed here

8.4 As a Member you agree to abide by the principles of, and adhere to the Badminton England Safeguarding and Protecting Young People in Badminton policy, a copy of which can be viewed here

9. YOUR RIGHTS TO CANCEL AND ENTITLEMENT TO REFUNDS

9.1 You have the right to cancel your Membership within 14 days without giving any reason. The cancellation period will expire after 14 calendar days from the day that your Membership contract comes into existence under clause 1.6 of these Terms.

9.2 To exercise your right to cancel your Membership under clause 9.1 of these Terms, you must inform Badminton England of your decision to cancel your Membership by a clear written statement sent via:
(a) post to the National Badminton Centre, Bradwell Road, Loughton Lodge, Milton Keynes, MK8 9LA;
(b) email to membership@Badmintonengland.co.uk; or
(c) fax to +44 (0)1908 268412.

9.3 If you cancel your Membership under clause 9.1 of these Terms, We will confirm your Membership cancellation to you in writing and will return or refund the Membership fee that has been paid to Us by you or on your behalf, in connection with the cancelled Membership using the same means of payment that was used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.

9.4 We will process any refunds that We pay to you under clause 9.3 without undue delay and in any event, not later than 14 days after the date on which We are informed of your decision to cancel your Membership in accordance with clause 9.2.

9.5 Once the cancellation period in clause 9.1 has expired, you may still cancel your Membership at any time by providing Us with at least 30 calendar days' notice in writing.

9.6 In the event that you cancel your Membership under clause 9.5 of these Terms, We will be entitled to retain any Membership fees that you have paid.

9.7 You may cancel your Membership at any time with immediate effect by giving Us written notice if We:

9.7.1 breach these Terms in any material way and We do not correct or fix the situation within 30 days of you asking Us to do so in writing;

9.7.2 go into liquidation or a receiver or an administrator is appointed over Our assets;

9.7.3 change these Terms under clause 4 to your material disadvantage;

9.7.4 are affected by an Event Outside Our Control; or

9.7.5 increase the Membership fee that is payable by you under clause 3.2 of these Terms.

10. QUERIES AND COMPLAINTS HANDLING

10.1 Any queries or complaints that you have regarding your Membership, or any of the Membership Benefits that this entitles you to, should be made in writing and sent to Us via:
(a) post to the National Badminton Centre, Bradwell Road, Loughton Lodge, Milton Keynes, MK8 9LA;
(b) email to membership@Badmintonengland.co.uk; or
(c) fax to +44 (0)1908 268412.

10.2 We will aim to deal with any queries and complaints that you submit under clause 11.1 of these Terms promptly and in any event within 30 days of receipt by Us.

11. OTHER IMPORTANT TERMS

11.1 These Terms and any dispute or claim arising out of or in connection with them, their subject matter or formation (including non-contractual disputes or claims) shall be governed by, and interpreted in accordance with, the laws of England and Wales.

11.2 Subject to the remainder of this clause if you are resident of Northern Ireland or Scotland, You and We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these Terms, their subject matter or formation (including non-contractual disputes or claims). However, if you are a resident of Northern Ireland you may alternatively bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may alternatively bring proceedings in Scotland.

11.3 These Terms relate to the supply of Membership to an individual by Badminton England. Nothing said by any representative of Badminton England, a CBA or Affiliated Club should be understood as a variation of these Terms or of the nature or quality of any goods/services offered by Badminton England. Except for fraud or fraudulent misrepresentation, We shall have no liability for any such representation being untrue or misleading.

11.4 Membership is non-transferable and your Membership may only be used by you.

11.5 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.

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

11.7 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.