Membership Terms & Conditions

DEFINITIONS

Terms

‘Trafford Enterprises Ltd’ is the organisation running business events, including Premier, Connect, Eximius, Trafford Online and with whom your membership is registered. ‘Trafford’, ‘T.E.’, “we”, “us” or “our” are also references to ‘Trafford Enterprises Ltd’.

‘Account’ means the information we hold for your membership including contact details, member profile, billing information, and any other relevant details.

‘Open’ or ‘Mixed’ events are the events all members may attend

‘Company’ is the business stated on your membership application.

‘Events’ are the meetings organised by Trafford, including whether on-line or in-person.

‘Home’ or ‘Home Group’ is the Trafford Premier group the Premier member joins, as stated on your application form or, subject to confirmation by Trafford Enterprises Ltd, if the associated Home group changes after joining.  Connect members do not have a ‘Home’ group.

‘Member’ is the Company and the representatives that attend on behalf of the Company.

‘Introductions’ are where either Trafford or a Member puts a Member in contact with another party.

‘Paid Membership’, ‘Paid Subscription’ or ‘Subscription’ is for Membership offered by Trafford.

‘Premier’, ‘Connect’, ‘Eximius’, ‘Trafford Online’ and ‘Joint Venture’ are the memberships provided by Trafford Enterprises Ltd in the capacity as a private business membership organisation.

‘Primary Representative (PR)’ is the person named on the Membership application form, as the primary representative for the Member Company.

‘Secondary Representative (SR)’ are people added to the Membership who are directly employed by the Member Company.

“You” or “Your” is the combined reference to the Company and their representatives, such as the Primary Representative and the Secondary Representative.

 

General

1.1 All information contained herein forms part of these Terms and Conditions.

1.2 Trafford is a private business membership organisation and provides a range of business events.

1.3 Trafford’s registered address is 17a Church Street, Epsom, Surrey, KT17 4PF.

1.4 Acceptance and confirmation of your membership indicates Trafford Enterprises Ltd intends to be legally bound by this document.

1.5 The completion of the membership application whether it be on-line, hardcopy, by phone, or by completing the member profile, booking and attending events, all indicates an acceptance of these Terms and Conditions by anyone means, and an intention to be legally bound.  Your membership application date, or if the form is submitted digitally, the date of submission, is deemed the start date.

1.6 Membership belongs to the Company, unless the Member is a sole trader, independent contractor or franchisee of a company, and in that case, membership is assigned to the individual.  It is your responsibility to notify Trafford, in writing, of the nature of your membership or if it should change during the membership tenure.

1.7 In the event Trafford in its entirety or a division of the business is sold, if you are a Member of the sold division, you agree that your data held will be transferred to the purchaser, so they may continue to provide the services.

1.8 Trafford Enterprises may maintain a record of goods or services supplied by Members via our services or outside (if appropriate), to ensure an up-to-date profile of each member is maintained.

1.9 We may use non-data sensitive information, feedback, comments or suggestions that you provide to us (in any form) as we see appropriate.

1.10 Trafford may use the information we hold, including your contact details, to make introductions to other members and third parties, where a match or suitable connection has been identified.

1.11 The Member or their representatives do not have permission to use any of our intellectual property, names, domains, website information, or any other information belonging to Trafford without our written consent.

1.12 All services, names, products, tools, website content, marketing material, and any other related information are the property of Trafford, including trademarks, logos, graphics, photographs, text, whether it be on-line, social media or in printed material.  The Member will not reproduce, use, or distribute any of Trafford’s material in any form without their express consent.

1.13 The Member agrees that they will not publish content that is misleading, fraudulent or that in anyway infringes the rights of Trafford or its other Members.  Nor will they impersonate or misrepresent Trafford or any of its Members in any circumstance.

1.14 Trafford does not guarantee business, nor does it organise meetings between individual parties.

1.15 Trafford cannot be held liable for the accuracy or inaccuracy of any data provided by attendees at its events, or between Members and attendees (including guests and visiting members).

1.16 As a Member you agree to act at all times in a professional, ethical manner and ensure your services and products are of the highest standard.

1.17 The Member agrees that Trafford will maintain a record of details about your business, its Directors/Owners and other people within the Company.  Other details that may be kept include lists of clients, suppliers, goods or services offered, and business undertaken.  Personal preferences and interests about the Member may also be held, to enable more tailored introductions and where applicable for use at events.

1.18 Members are required to provide up-dated information including changes in contact details when there is a change to their circumstances so that accurate information is maintained to enable us to best provide our service and Member communications.

1.19 Trafford reserves the right to refuse any membership application and is under no obligation to give reasons for the refusal.

1.20 Trafford reserves the right to withdraw or refuse renewal of membership without reason.

1.21 If, in the sole discretion of Trafford, a Member, or any persons associated with the Member, to act in a manner deemed inappropriate by Trafford towards Trafford staff, other Members, personnel of any venue, or any other person, or in any manner that may cause damage to the reputation of Trafford and its members. Such a Member may have their membership revoked. This includes the actions and standards demonstrated by the Member in the normal course of their business.  Any fee paid is non-refundable.

1.22 Where the Member ceases trading or no longer intends to attend events or be part of the Trafford network, no refund shall be made and the minimum membership term for their level of Membership is still payable.

1.23 Removal from our mailing list can be requested at any time by emailing [email protected]. You can also call 01372-748110. You have the right under the General Data Protection Regulations (GDPR) to inspect any data that we may hold about you, subject to reasonable notice and the payment of a reasonable fee.  See the section “Our Data Policy: How We Will Use Your Data”.

1.24 Trafford reserves the right to amend or change these Terms and Conditions, and may also amend the services offered, and fees chargeable. Minor changes will be updated, and available online, and any significant changes will be notified in writing to the company’s last known postal address or email address.  Should you not agree to these revisions you may terminate your membership under the Termination section of this agreement, and you will continue on the current service agreement until such time that your termination notice period is served.

Confidentiality

2.1 Obligations of confidentiality: Each party undertakes that they shall not at any time and for a period of five years after termination of this agreement, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party [or of any member of the group of companies to which the other party belongs], except as permitted by this Clause.

2.2 Confidentiality exceptions: Each party may disclose the other party’s confidential information:

2.2.1 to its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the party’s obligations under this agreement. Each party shall procure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with this Clause and the principles under GDPR; and

2.2.2 as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority; and

2.2.3 as is identified and necessary by Trafford in the process of providing the services;

2.3 Members must not give their access details to any Trafford services or the Trafford Portal to another Member or non-Member.

2.4 Return of documents and records. All documents and other records (in whatever form) containing confidential information supplied to or acquired by the Member / Company shall be returned promptly to Trafford on termination of this agreement, and no copies shall be kept, whether digitally or otherwise.

Compliance

3.1 Each party shall, at its own expense, comply with all laws and regulations relating to its activities under this agreement, as amended from time to time, and with any conditions binding on it in any applicable licences, registrations, permits and approvals.

3.2 Introductions are made on the basis that the Member proceeds with introductions received on an “at your own risk” basis, and with no warranty or guarantee, express or implied, of any kind in connection with the introductions made through Trafford.

3.3 Should you be provided with an account login or account password, you will be responsible for ensuring the security of this information.  You are responsible for ensuring the correct authorised use of your account.  If you believe this information has been compromised or you become aware of unauthorised access, contact Trafford on 01372-748110 to request an account password change.

3.4 Introductions to third parties and other Trafford Members should only be made when both parties have given consent for the introduction to be made.

General Event Conditions (All Memberships)

4.1 Trafford host events for its Members, which may alternate between online and in-person events as Trafford deem appropriate. The subscription fee remains payable in the event of any event change. The subscription fee is for Membership to this Organisation and the opportunity to attend events during the course of the Members tenure, in whatever form Trafford offers.  Any features, formats, or benefits offered but not mentioned specifically in these conditions will be offered entirely at the discretion of Trafford and may be changed or withdrawn at any time.

4.2 Trafford has discretion to refuse attendance to Members, when the capacity of the event does not permit additional Members, or for any other reason that Trafford believes would be contrary to the interests of other Members or Trafford.

4.3 Trafford reserves the right to postpone or cancel an event if circumstances beyond its reasonable control should occur. If Trafford cancels or rearranges an event, Members will be notified as soon as possible and alternative arrangements made, whether this be a switch to online or in-person or held on another date/time. The monthly membership fee remains payable.

4.4 Trafford does not guarantee a minimum number of Members and other attendees at an event.  Trafford is not held liable for non-attendance by members and guests.

4.5 It is the responsibility of the Member to fulfil their pledges directly with the Member concerned, and to update Trafford of the progress and outcomes of each pledge recorded at Trafford Events. This is to be done via the Trafford Portal, unless Trafford notify the Members otherwise.

4.6 Where a Member fails to fulfil their pledges/promises made to other Members that have been recorded by Trafford, that Member may have their membership downgraded, revoked or restricted, until the Member has demonstrated to Trafford a reliability of following through on Introductions.

4.7 Failure to fulfil pledges/promises includes both the failure to make promised introductions or connections, to arrange one-to-one’s requested by the Member, and/or failure to update Trafford of the outcomes.

4.8 Trafford and its Members will provide your contact information to third parties, where a connection is identified between yourself and the third party, to enable Trafford and its Members to facilitate the introductions.

4.9 Trafford may take photos or videos at in-person events and in general, as well as snapshots during online events. Trafford may also appoint an external company to capture images and footage of Trafford events and in general.  Trafford may use any of this material in the annual Trafford photo album, to publish content on the Trafford TV streaming service, our website, youtube and other social media platforms, to help our wider community of members share in the activities they were not able to attend, to help raise awareness of our events and for general marketing purposes.  Digital content, such as a photo of you, or a link to a video Trafford has made public (outside any secure Members area) may also be provided when making introductions.

Premier Membership

5.1 Trafford will run and host monthly events for its Members. These maybe in person or online, at the discretion of Trafford.

5.2 A Member is entitled to attend their Home group (as stated on their application form or as accepted by Trafford if later both parties agree the Home group can change).

5.3 The Member may also be entitled to visit, as a substitute or supporting member, other Trafford Premier groups, subject to a place being available and provided Trafford has provided notice of a place being available, and that there is no conflict between that groups Home members and the sub/supporting member sectors.  No exclusivity is offered to members visiting other Groups nor guests.  Places will also be allocated on a first-come-first served basis, and attendance is not guaranteed.

5.4 The Member may also attend other additional events run from time-to-time by Trafford.  A schedule of dates will be issued, if applicable, and places will be allocated on a first-come-first-served basis.  These events will be subject to the stated fee at the time of announcing the event.

5.5 A Member may only be associated, in accordance with their membership, with one Premier group, unless otherwise agreed by Trafford. No place is guaranteed.

5.6 Your membership will last for one year from the date stated on your application form, and thereafter continue on a monthly rolling basis, in accordance with these terms and conditions, until terminated.

5.7 The Home group is included in the Member’s monthly subscription fee and only the PR may attend, unless otherwise agreed by Trafford that a SR from the same company may attend.  All other events are subject to the prevailing rate as stated at the time of booking for those particular events.  Only one person may attend, unless otherwise agreed in advance. For inclusive or free events, the PR or a SR may attend, and the first place is offered free of charge.  Additional people from the Member Company may attend, with advance agreement of Trafford, and subject to an additional attendance fee per additional attendee.

5.8 When a Member is unable to attend an event, they may send a SR in their place from their Company but membership does not permit a representative from another organisation outside of the Member Company to attend in their place.  Subject to Trafford approval the Member may arrange for a substitute by another member from another Trafford group.

5.9 Only one person from the Member’s company may attend a Home Premier event, unless authorisation is given by Trafford and payment of an additional attendance fee, as specified by Trafford at the time of the request being made.

5.10 A Member’s request to bring additional attendees to an event must be approved in advance by Trafford.

5.11 A Member may nominate a guest(s) to attend Trafford events.  A Member’s Guest may attend once unless otherwise agreed in advance by Trafford, and only upon being approved and cleared for attendance by Trafford, having successfully passed a pre-attendance vetting process, and has paid any guest attendance fee due in advance of the event.  Trafford reserve the right to decline a Guest attendance and does not have to provide reasons for doing so.

5.12 When a Member’s business activity competes with another Member, or an irreconcilable dispute occurs, Trafford reserves the right to move one member at its sole discretion to another meeting, and limit event accessibility.

5.13 Failure to attend a Premier event on a regular basis may result in forfeiture of your place.

5.14 If a Premier member cancels their membership within the 12-month contractual period, they will be required to pay either the remaining monthly fees or a settlement fee, for the remainder of the minimum contractual period. After the minimum term of 1 year has been fulfilled, the membership reverts to a monthly rolling basis.

 Trafford Online/Connect Membership

5.15 Trafford will host and run online events as demand warrants. Where insufficient Members book events, fewer maybe held.  Where demand is greater, more events may well be held.

5.16 Places are allocated on a first-come-first-serve basis and attendance is not guaranteed.

5.17 Only those with up-to-date payments may attend events, unless otherwise agreed by Trafford.

5.18 Connect Members can attend Connect online events. They may also be invited, at the discretion of Trafford, to attend Premier online events.  Premier Members may attend Connect and Premier events with the exception of Trafford Pro, which is strictly by invitation only of Trafford.

5.19 All online events are run subject to availability and demand.  Places are allocated on a first-come-first-served basis.  No place is guaranteed.

5.20 Trafford reserves the right to cancel online events where insufficient Members book to attend. Membership subscriptions fee remain payable.

5.21 Where the PR is unable to attend, they may send a SR to attend in their place provided they are directly employed by the Member company, and advance notice is provided to Trafford.  A representative cannot be from another company or another Trafford Member. Trafford reserves the right to refuse attendance of a SR and does not need to provide reasons for doing so.

5.22 For inclusive or free events, only the first place is offered free of charge. Thereafter the prevailing fee applies, if additional people are permitted at a particular event.

5.23 Exclusivity is not offered at any Connect event.

5.24 Trafford may decline or not allocate a place at a Connect event where Trafford feels there would be too much overlap with attendees already booked to attend.  Where possible, Trafford will offer alternative options to the Member.

5.25 Where a Connect Member does not book in for any Connect events or fails to attend, the monthly subscription fee and any applicable event fees paid are non-refundable, and if unpaid shall be immediately due for payment.

5.26 Trafford may host additional on-line and off-line events as the schedule warrants. If applicable, notice of such events will be provided along with a fee payable.

5.27 Online Connect events, unless otherwise stated, will be free for Connect and Premier Members to attend.

5.28 Connect Membership does not provide access or offer any rights for Connect Members to attend Premier, Property, Focus, Eximius or any other Trafford events or membership, unless Trafford in its sole discretion agrees otherwise.

  

Fees and Charges (All Membership Subscriptions)

6.1 A one-time joining fee is payable of £497 + vat at the time of joining, unless otherwise agreed. The joining fee is non-refundable. Where a Membership comes to an end, and the Member subsequently re-joins, a joining fee will be payable again.

6.2 The monthly Trafford Membership Subscription Fee is as specified in the Membership Application Form signed by the Member, or as and when revised and subsequently notified by Trafford in writing.

6.3 The monthly membership fee is payable on by the due date as specified on invoices, usually taken on the 1st of each month or shortly thereafter, or on the monthly anniversary of the date your membership formally commenced.  The membership application will specify which applies.

6.4 Trafford reserves the right to suspend Membership where payment is late. Suspended memberships may be reactivated at the discretion of Trafford.  If the membership is being terminated due to non-payment, the minimum notice period will be added to the balance due, as will any remaining contractual term fees.

6.5 Should the Member resign and re-join subsequently, any discounts they were receiving will no longer be valid, and any special offers will not be applicable, unless otherwise agreed by Trafford.

6.6 Trafford reserves the right to alter their pricing and payments terms, introduce other packages, events fees, offers, and to revoke current packages or amend them. Other packages may be offered, and prices may vary.  Trafford reserves the right to revise their fees at any time and will provide at least 30 days’ notice of the change.

6.7 Members in their first year of Membership are guaranteed their monthly membership subscription fee is fixed at the rate stated on their Membership Application Form for the first 12 months.

6.8 Any supplementary events booked, where a fee is payable, is in addition to the Monthly Membership Subscription Fee. Supplementary event fees and cancellation policies will vary by event – see the individual event notice issued.

6.9 Where a Members card or direct debit or standing order or other payment means is declined, or the Member withdraws authorisation for payment, or the Member is paying by an alternative means, which results in the monthly subscription payment being late, or where the payment is late, Trafford reserves the right to:

6.9.1 charge an administration fee of £25.00 + vat, plus Trafford may also add interest on any sum due at the rate of 4% above base rate.

6.9.2 to suspend or revoke membership as Trafford sees fit;

6.9.3 where membership is revoked, Trafford reserves the right to invoice the Member for any outstanding balances, late payment charges, interest, and any amounts due as a result of termination; which must be paid within 7 days of the invoice date; and

6.9.4 where the payment is not made in accordance with 43(c), Trafford reserves the right to pass the entire amount to a Debt Recovery collection agency, who will further include their charges and any legal costs for collection to the total amount due.

6.10 Acceptance by you of this agreement confirms you are providing authority for Trafford to collect payment from your elected payment source.  Any charge back against the payment source, whether by direct debit, card or other payment method, will result in either us contacting the appropriate provider to reverse the charge, using this agreement as confirmation that you authorised the payment(s) or where this is not possible those charges will be due immediately, plus an administration fee and interest and you accept you will pay any recovery costs incurred.

6.11 All fees paid are non-refundable.

6.12 The subscription is on a monthly rolling basis, subject to any minimum term stated, and will continue until either party terminates this agreement, as provided under the termination section.

 

Membership Acceptance

7.1 Upon Membership being offered by Trafford, Membership will commence from when both the application form is submitted and accepted by Trafford and automatic payment has been set-up.

7.2 No refund for any historical or the current subscription month will be made, and for Premier Memberships any minimum term outstanding is to be settled at time of leaving.

7.3 All Memberships require automatic payment methods (such as registered debit/credit card or direct debit), unless agreed in advance by Trafford, and payment will be collected on or just after the due date.

 

Limitation of Liability

8.1 Unlimited liability: Nothing in this agreement shall limit or exclude the liability of either party for:

8.1.1 Death or personal injury. Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable).

8.1.2 Fraud or fraudulent misrepresentation.

8.2 Limitations of liability. Subject to Clause 88 above: Loss of profit, revenue, goodwill, or anticipated savings.  Trafford shall not be under any circumstances whatever liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:

8.2.1 any loss of profit, sales, revenue, or business;

8.2.2 loss of anticipated savings;

8.2.3 loss of or damage to goodwill;

8.2.4 loss of agreements or contracts;

8.2.5 loss of use or corruption of software, data or information;

8.2.6 any loss arising out of the lawful termination of this agreement or any decision not to renew its term; any loss that is an indirect or secondary consequence of any act or omission of Trafford.

8.3 Damage to property:  Trafford shall not be liable for damage or loss to property belonging to any Member and or any prospective Member attending any Trafford events whether caused by any Trafford personnel or by the omission or negligence of any host venue provider.

8.4 Total cap: The total liability of either party to the other in respect of all other loss or damage arising under or in connection with this agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount of fees due for a year’s membership fee at the level you joined at the Start Date.

8.5 No liability for claims not notified within 2 months. Unless you notify Trafford in writing that you intend to make a claim within the notice period, Trafford shall have no liability for that event. The notice period for an event shall start on the day on which you, wishing to make a claim became, or ought reasonably to have become, aware and shall expire 2 months from that date. The notice must be in writing and must identify the grounds for the claim in reasonable detail.

 

Termination of This Agreement

8.6 The Member may terminate their membership in accordance with their Membership plan:

8.6.1 Premier Membership: The contract will last for a minimum period of 12 months from the date of membership commencing, and thereafter may be terminated subject to one full calendar month’s notice.

8.6.2 Connect Membership: The Member may terminate membership at any point during the current membership subscription month in writing, of which must have been acknowledged by Trafford. No full month refund or part-month refund is due when notice to terminate is given.

8.6.3 Membership termination for other Membership tiers will be as per the signed Membership Application Form.

8.6.4 Trafford may terminate this agreement at the end of the minimum contractual period or, if the Membership is on a monthly rolling basis, by terminating it in the current billed month. The Member can continue to attend events until the date their membership is paid up to, except where Trafford terminates Membership immediately under Clause 1.20-1.22.

8.6.5 When a Member Company goes into liquidation, bankruptcy, or is purchased by another company, the membership ceases at the date of these events. No rebate will be due, unless the Trafford agrees otherwise.

8.6.6 Where the member named overleaf ceases trading or no longer wishes to be part of Trafford, no refund is due, and the termination notice period is payable.

8.6.7 Where a Member receives an introduction discount for another Member joining, should the other Member leave Trafford, the discount you receive also ceases to be applied.

8.6.8 On termination of this agreement, the following clauses shall continue in force: indemnity for breaches of GDPR by Members / Companies and confidentiality (Section 2).

Version Date: 14-Aug-22.

Last Updated: 11-Apr-21.