Terms & Conditions
The following terms and conditions govern nasen Membership and the benefits available thereunder. All persons subscribing to nasen are urged to read the membership terms and conditions carefully before placing any order.
We are the National Association for Special Educational Needs (Nasen), a charitable company limited by guarantee with charity number 1007023 and company number 2674379. Our registered office and contact address is: nasen House, 4/5 Amber Business Village, Amber Close, Amington, Tamworth, Staffordshire, B77 4RP. We are referred to throughout these terms and conditions as “we”, “us” or “nasen”.
Unless specifically stated otherwise, these terms and conditions apply to both consumers and businesses.
1. Payment and membership
- All payments are due upon receipt of invoice. If a payment is not received or payment method is declined, the buyer forfeits the ownership of any items, event places, products or subscriptions purchased. If no payment is received, no items/benefits will be shipped and no bookings will be validated.
- Payment can be made by credit card (Visa or MasterCard), cheque, BACS or Direct Debit. If membership payment remains outstanding we will notify you by telephone, email or letter.
- Membership is fixed from the day membership is activated until the end of the current calendar year. (“Subscription Period”). Membership may overlap until the end of the following calendar year, depending on join date. Membership will be activated upon receipt of payment.
- Unless your membership is cancelled or terminated, it will be automatically renewed at the end of the Subscription Period and a new fixed Subscription Period of one calendar year will commence. If you do not want your membership to renew, it is your responsibility to cancel your membership in accordance with the below.
- On renewal of membership, payment for the full Subscription Period will be due one the first day of the Subscription Period. Where payment is not received within one month of becoming due, membership will be considered lapsed.
- We reserve the right to terminate membership and / or suspend the Subscription Period and the provision of all products and services provided to members until payment in full has been received. If we receive full payment before we have terminated your membership, the Subscription Period will continue from the date we receive payment (and the period of suspension will not count towards the Subscription Period).
2. Cancellation and Refunds
- Cancellation by consumers within the 14 day Cooling Off Period
This clause 2(a) only applies if you are a consumer
If you change your mind about membership, a product or event ordered, you may cancel this agreement at any time within:
- in the case of membership, fourteen working days, beginning on the day after you received our written confirmation that your membership has been activated;
- in the case of product orders, fourteen working days, beginning on the day after the product was delivered to you; or
- in the case of event order, fourteen working days, beginning on the day after you received our written confirmation that your event booking was successful
(in each case, the “Cooling Off Period”).
- Where you cancel this agreement within the Cooling Off Period, you will receive a full refund of the price of the membership, product or event (as applicable).
- In the event of cancellation (whether or not within the Cooling Off Period), you must return any products delivered to us.
- Cancellation outside of the 14 day Cooling Off Period and Refunds
This clause 2(b) applies to both consumers and business customers.
- Where the Cooling Off Period does not apply, you may cancel your membership at any time, but if you do, we are not obliged to refund any part of the membership fee, unless we have breached a material term set out in these Terms and Conditions or are otherwise required by law. In all other circumstances, a refund will be at our discretion.
- If you are a consumer you have certain legal rights in relation to the products and services we provide. In particular, you may have the right cancel this agreement or require a refund, repair or replacement (in each case, where applicable) for faulty, mis-described or incorrectly delivered services. Nothing in these terms and conditions affect or limit your legal rights. For further advice on your rights in relation to cancellation (whether or not within the Cooling Off Period), please refer to your local Citizens Advice Bureau or Trading Standards office.
- Where we refund money to you (either because we are obliged to or otherwise agree to), we will usually refund any money received from you using the same method originally used by you to pay for your purchase, but you agree that we may select a reasonable alternative payment method if we so require.
3. Our Contract with You, Dispatch and Delivery
- Our acceptance of your order for membership, a product or event booking will be when we confirm to you that your order has been accepted after we receive your payment. No product or benefit will be dispatched by Nasen until payment has been received in full.
- Unless we have agreed a time for delivery of membership benefits, event benefits, products and/or publications we agree to deliver all such benefits, products and publications without undue delay (and, in any event, not more than 30 days) following receipt of payment in full.
- Unless we have agreed otherwise, the method for delivery of membership benefits, event benefits, products and publications will be at our sole discretion. The place of delivery will be the main address that you have supplied to us on record, unless explicitly stated at the time a specific order is made.
- If you are a business customer time for delivery shall not be of the essence. This does not apply to you if you are a consumer.
If the Products delivered to you do not include all of the Products that you ordered in any particular order or include incorrect Products:
- If you are a business customer you must inform us in writing within 7 working days from the date of delivery (or scheduled date of delivery in the case of late deliveries). If you do not, we will not be responsible for any loss or damage suffered by you as a result. In any event, our liability is limited to the price of the Products not delivered or the cost of replacing such Products.
- If you are a consumer, we ask that you inform us as soon as possible so that we can address any issues promptly. Our responsibility for loss or damage suffered by as you as a result of late, incomplete or incorrect delivers is limited to the price of the Products not delivered or the cost of replacing such Products, together with any other losses that, at the time of entering into this contract were obvious to both you and us or you and us both knew might happen (for example, you mentioned it to us at the time you placed the order).
- If you are a business customer, in cases of non-delivery arising through third party failures or lost mailings, we will not be held responsible for any loss or damage suffered by you as a result, and the issuing of any refund or replacement will be at our discretion.
4. Membership Levels
- “member” and “membership” do not mean company member/membership and for the avoidance of doubt members are not company members under section 112 of the Companies Act 2006 and, therefore, cannot vote at general meetings.
- Individual membership belongs to the individual (acting as a consumer, outside of their course of business) and not to the organisation, regardless of who pays for the membership. Any dispute arising from this must be resolved by the member and their organisation. You will be issued with a reference number which you should use when calling us to help identify you quickly.
- It is the Individual Member's responsibility to keep their reference number confidential. Nasen reserves the right to withdraw or suspend Membership or to prevent any member from renewing membership if, in nasen’s reasonable opinion the member is misusing the membership benefits (for example, allowing someone else to use the benefits of their membership package).
- Organisational membership is intended for direct employees of the named member organisation on record. Employees must be based at this registered address. Unless otherwise agreed with nasen, Parent or other companies within a corporate group, trust or chain are required to take out a separate organisational membership if employees of those companies wish to receive member benefits.
- You must inform us immediately if your organisation no longer fits the category criteria. You will be required to pay the relevant increased fee should any extension of membership benefits be made to ineligible third parties. If your organisation downgrades during a Subscription Period then any entitlement to pay a reduced fee will take effect upon renewal of your account (i.e. from the beginning of the next Subscription Period). Nasen cannot offer refunds to any organisation that downgrades during their fixed subscription period.
- County Council and any other Local Government membership subscriptions must be registered and linked to specific departments.
- Any organisation that breaches any term herein may have their account suspended at our discretion until the cost difference is settled.
- Organisational Members require a named primary contact and their personal email address in order to receive all benefits of the membership packages. This primary contact must be registered at the organisational address on record.
- Primary Contact status can be transferred to a different representative within the organisation, but nasen must be informed of the new representatives contact details.
- The individual named as the primary Contact should have authorisation to apply for nasen membership. By submitting an application for membership, you confirm that you have the appropriate authority on behalf of the organisation applying for membership.
- Additional contacts can be added to organisational membership subscriptions by the primary contact. For any additional contacts, we require a full name, job title and individual email address. These contacts must be registered staff members in full time employment and must operate exclusively at the registered organisational address. Contacts from associated chains, trusts or groups cannot be linked. No third parties can be registered to a membership under any circumstance.
- The amount of additional contacts for organisations is uncapped, provided they are eligible.
- Individual members cannot add additional contacts to their record under any circumstance.
- nasen Online Journals can only be accessed using your individual email address and password combination. This must not be shared. Doing so will contravene your license agreement.
- Organisational access to nasen online journals is limited to those registered as contacts and linked to the organisation.
- nasen International memberships are only available to those outside of the United Kingdom.
- International Membership applies to Individuals or Organisations outside of the UK and Ireland and who have a permanent address abroad. You will be issued with a reference number which you should use when calling us to help identify you quickly.
- International Members are entitled to join nasen by contacting us via telephone, letter or email.
- Any costs incurred by usage of the benefits package are the responsibility of the International Member and will not be paid by nasen. For example, costs incurred to attend a conference, event or networking in the UK (including, but not limited to, travel, sustenance and accommodation).
5. Membership Benefits
- Member benefits are only available if subscription payments are up to date.
- Member benefits may change without notice. Any change in benefits will only take place from the beginning of the next Subscription Period.
- It is the Member Representative's responsibility to ensure that details of nasen membership and its benefits are disseminated throughout the membership organisation.
- We reserve the right to withdraw any special offer at our discretion, whether made through the Website or through other means of application.
- nasen reserves the right to withdraw membership from any member if the work of the individual or organisation is no longer compatible with that of nasen, by giving 14 days’ notice in writing. If we withdraw membership during a Subscription Period for this reason, except where the termination results from a breach of these terms by the member, nasen will refund a proportion of the membership fee calculated on a straight line basis by reference to the remainder of the Subscription Period.
Where you are a consumer, nothing in this clause affects your legal rights to require a refund, repair or replacement (for example, where the produced or publication that we provide is faulty or mis-described). For further advice on your consumer rights, please refer to your local Citizens Advice Bureau or Trading Standards office.
- nasen does not provide any guarantee as to the accuracy of the publications/products we produce as membership benefits or otherwise.
- Products and publications containing information are correct at the point of publication, unless otherwise stated. Nasen will update products and publications from time to time, however purchasers are not entitled to free content updates after the date of delivery or revised editions of previous purchases.
- nasen takes no responsibility for third party sales of products or publications. Any dispute must be taken up directly with the publisher.
- Purchasers are not entitled to make copies of any purchases. Nasen exclusively owns and controls the copyright of our product range.
- Application of the content in nasen publications or products is at the sole discretion of the purchaser. Nasen accepts no liability in any claim resulting from the use of our content.
- Event places are only secured upon receipt of payment. In order to be eligible for the members’ rate, you must have a current subscription at the time of the event taking place. If a delegate attends and there is not a current subscription in place they will be expected to either pay the difference between the member and non-member rate or pay for a subscription in full.
- Nasen reserves the right to limit the number of applications per organisation for any event. Where the number of applications submitted exceeds this set figure, the remaining applicants will be dealt with at our discretion. Any limitations will be clearly marked on the associated event booking form.
- Where applications are made to fully booked events, it may be possible for the applicant to be added to a waiting list. These waiting lists will be created at our discretion on an event by event basis.
- Please note that we cannot guarantee places at nasen events as places are limited. Where possible nasen members will receive notification of new events prior to them being promoted to the general public but we would advise members to book early to avoid disappointment.
- Except where you are a consumer, and you are cancelling an event within the 14 day Cooling Off Period, notification of cancellation of an event must be received in writing at least 2 weeks prior to the event, when a full refund, less an administration charge of £10 will be made. Refunds for places cancelled less than 2 weeks before the event will be at nasen’s discretion.
- In the event of cancellation, nasen bears no responsibility for any loss incurred by delegates for transport, replacement staffing or accommodation relating to the cancelled event.
- Nasen reserves the right to make changes to event programmes without notice.
- Event bookings may be cancelled at our discretion if the work of the applicant (whether individual or organisational) is no longer compatible with that of nasen. A full refund of any price paid will be made in respect of events which we cancel.
- The terms and conditions detailed here are not exhaustive. Further conditions may be stipulated on event booking forms and will vary depending upon the nature and setting of the event.
8. Our Liability in relation to Membership, Products, Publications and Events
- Liability to business customers
This clause 7(a) only applies if you are a business customer
- Nasen give no warranty as to the suitability of any membership, product, publication or event for any particular purpose or otherwise. We exclude all liability to the extent permitted by law for any cost, claims or losses, howsoever caused that arise by reason of your membership, ordering a product or publication or booking at an Event.
- We are not responsible for indirect or consequential losses which occur.
- We are not responsible of for any of the following losses which occur (whether direct, indirect or consequential):
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of data, or
(g) waste of management or office time
however arising and whether caused by tort (including negligence), breach of contract or otherwise.
- Liability to consumers
- This clause 7(b) only applies if you are a consumer
We shall not be liable to you for any losses except losses that, at the time of entering into this contract:
- were obvious to both you and us; or
- you and us both knew might happen (for example, you mentioned it to us at the time you placed the order).
- Liability for death or personal injury, etc
This clause 7(c) only applies to both business customers and consumers
- Nothing within these terms and conditions exclude or limits in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under the Consumer Rights Act 2015 or any other legislation affording rights to consumers which cannot be contracted out of;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- Where you buy any goods or services from a third party seller through our Website, that seller’s liability will be set out in the seller’s terms and conditions.
- All notices given by you to us must be given to nasen at our postal address, detailed at the start of these Terms and Conditions. We may give notice to you at either the e-mail or postal address you provide to us when joining nasen or making a booking.
- Notices will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
10. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations or the cancellation of any Event, that is caused by events outside our reasonable control (a “Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
12. Entire Agreement
These Terms and Conditions represent the entire agreement between us in relation to the subject matter of a booking and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
13. Our Right to Vary these Terms and Conditions
- We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our organisation, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
- You will be subject to the policies and Terms and Conditions in force at the time that you book an Event from us, purchase or renew a subscription or a product, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the order).
14. Law and Jurisdiction
These Terms and Conditions are governed by the Laws of England and Wales and any disputes arising under or in connection with them will be subject to the exclusive jurisdiction of the English Courts.