Terms & Conditions

Last Updated: September 2020

General

This website institutecap.co.uk is owned and operated by ICAP Community Limited (“ICAP” “we” or “us”). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from us.

Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

Intellectual Property Rights

All copyrights, trademarks and other intellectual property rights in and on our website and all content and software located on the site shall remain the sole property of ICAP or its licensors. The use of our trademarks, content and intellectual property is forbidden without the express written consent from ICAP. 

You must not:

  • Republish material from our website without prior written consent.
  • Sell or rent material from our website.
  • Reproduce, duplicate, create derivative, copy or otherwise exploit material on our website for any purpose.
  • Redistribute any content from our website, including onto another website.

Acceptable Use

You agree to use our website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website. Prohibited behaviour includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within our website.

You must not use our website to send unsolicited commercial communications. You must not use the content on our website for any marketing related purpose without our express written consent.

Use of External Links

www.institutecap.co.uk may contain links to many other websites. ICAP cannot guarantee the accuracy of information found at any linked site. Links to or from external sites not owned or controlled by ICAP do not constitute an endorsement by ICAP or any of its employees of the sponsors of these sites or the products or information presented therein.

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Restricted Access

We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If, at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.

Use of Testimonials

In accordance with the CMA and FTC guidelines concerning the use of endorsements and testimonials in advertising, please be aware of the following:

Testimonials that appear on this site are actually received via text, audio or video submission. They are individual experiences, reflecting real life experiences of those who have used our products and/or services in some way. They are individual results and results do vary. We do not claim that they are typical results. The testimonials are not necessarily representative of all of those who will use our products and/or services.

The testimonials displayed in any form on this site (text, audio, video or other) are reproduced verbatim, except for correction of grammatical or typing errors. Some may have been shortened. In other words, not the whole message received by the testimonial writer is displayed when it seems too lengthy or not the whole statement seems relevant for the general public.

How Do We Protect Your Information and Secure Information Transmissions?

Email is not recognised as a secure medium of communication. For this reason, we request that you do not send private information to us by email. However, doing so is allowed, but at your own risk. Some of the information you may enter on our website may be transmitted securely via a secure medium known as Secure Sockets Layer, or SSL. Credit Card information and other sensitive information is never transmitted via email.

ICAP may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.

For site security purposes and to ensure that this service remains available to all users, ICAP uses software programs to monitor network traffic to identify unauthorised attempts to upload or change information, or otherwise cause damage.

Disclaimer and Limitation of Liability

ICAP makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the content contain on this website or any sites linked to this site.

All the materials on this site are provided ‘as is’ without any express or implied warranty of any kind, including warranties of merchantability, non-infringement of intellectual property or fitness for any particular purpose. In no event shall ICAP or its agents or associates be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, injury or death) arising out of the use of or inability to use the materials, even if ICAP has been advised of the possibility of such loss or damages.

Contact

If you have any questions regarding this policy, or your dealings with our website, please contact us here:
hello@institutecap.co.uk

ICAP Membership Terms and Conditions

These terms and conditions (Terms) set out the terms and conditions of the contract through which the
Institute of Children’s Activity Providers (also referred to as “ICAP”, “we” and “us”) will deliver services to you
(you) as a member. In order to become a member of ICAP you must agree to these Terms and in
registering for membership you provide us with the appropriate consent to handle your personal information
in accordance with the Data Protection Act 2018.

ICAP is the trading name of ICAP Community Limited (No. 12749713) whose registered office is Kemp
House, 160 City Road, London, EC1V 2NX.

1. Membership contract

1.1 When you register and pay for membership online you are subscribing to these Terms.
1.2 You will receive an email confirmation and payment receipt once your membership registration is complete.
1.3 Membership is renewed automatically and occurs either monthly (one calendar month), quarterly (three
calendar months) or annually (12 calendar months) depending on what you chose when you registered.
1.4 Payment methods include debit/credit card with payments processed by our chosen payment gateway
Stripe.
1.5 You may not transfer any of your rights or obligations under these Terms to another person or business.
1.6 The credit/debit card information you provide Us for a membership transaction is used solely for the purpose of processing that membership transaction. If We are unable to process payment from the credit/debit card details you have provided, we will contact you immediately to verify your card details.
1.7 If you are not using your own credit/debit card to pay for the membership subscription, you must ask
permission of the credit/debit card holder before entering payment details. When you register to become an
ICAP member you are confirming that you have obtained the express prior permission of the credit/debit
card holder.

1.8 Membership is per business owner (including franchisees). Franchisors paying for membership are not allowed to give franchisees access under their membership.

 

2. Membership types and fees

2.1 The ICAP membership structure is being continuously developed and we reserve the right to introduce new membership types, each with its own eligibility criteria. Members who join ICAP will need to register for one of the membership types available on offer then (subject to such terms and conditions as will apply at the
time of their application).
2.2 ICAP founding membership (Founding Membership) is only available to individuals who joined ICAP
between 1st September 2020 and 30th September 2020 and such individuals are Founding Members.
Individuals who joined after 30th September 2020 are not eligible for Founding Membership.
2.3 ICAP introductory membership (Introductory Membership) is only available to individuals who joined ICAP
between 1st October 2020 and 31st December 2020 and such individuals are Introductory Members.
Individuals who joined after 31st December 2020 are not eligible for Introductory Membership.
2.4 All quoted membership fees are either the cost per month, cost per quarter (three months) or for a one-year membership subscription (as applicable). Membership of ICAP is subject to and conditional on the payment of a monthly, quarterly or annual membership fee.
2.5 ICAP reserves the right to increase membership fees. Membership fees will be assessed on a quarterly
basis and members will be notified of any changes at least 30 days before their membership renewal is due.
2.6 All memberships will automatically renew for the following month/quarter/year unless you cancel. If you
register for annual membership, We will send you an automatic renewal reminder at least 14 days prior to payment being taken. 

3. Cancellation and refunds

3.1 If you wish to cancel your membership and get a refund of your membership fee, you may do so within 14
days of registering for membership by sending us your request for a refund by email to hello@institutecap.co.uk. Any refund will be made by us to you within 30 days of our acknowledgement of
your cancellation (which we will send by email to you in such circumstances) and be paid to you in the same
way as you paid for your membership.
3.2 If you wish to cancel outside of 14 days of registration, you may do so by emailing hello@institutecap.co.uk.
Your membership will cease at the end of the period you have registered for. No refund will be offered
outside of 14 days of registration.

4. Right to refuse, or remove ICAP membership

4.1 We reserve the right to refuse or remove ICAP membership immediately from any individual who is deemed to have breached any terms of membership, or for any reason as far as we deem reasonable.

5. Changing membership Terms

5.1 We may change these Terms at any time on giving you 14 days prior written notice. If you object to the
changes We plan to make to the Terms you are entitled within 14 days of the date of such notice to email us
at hello@institutecap.co.uk terminating your membership. Provided we receive your notice of termination
within such 14 day period we will:

  • Confirm the termination of your membership in writing to you
  • Refund such proportion of your membership fee as relates to the unexpired period of your membership
    (either monthly, quarterly or annually)

5.2 If you do not give us notice of termination as set out above, then at any time the most recent edition of these Terms available on the ICAP website will be binding on you.

6. Termination of memberships

6.1 If having registered for ICAP membership you purport to disclaim your obligations under these Terms, we
reserve the right to terminate your ICAP membership in writing and provide you with a refund such
proportion of your membership fee as relates to the unexpired period of your membership (either monthly,
quarterly or annually)

7. Data protection and use of personal data

7.1 The personal data you supply to us will be used to:

  • process your membership application, and membership fee
  • fulfil your membership benefits
  • review your rating application
  • for marketing, statistical and analytical purposes on behalf of ICAP.

7.2 You will receive communications from us as part of your membership benefits, mostly by email. Other than as set out above, we shall not sell or disclose your personal data to third parties without obtaining your prior consent unless this is necessary for the purposes set out in these Terms or unless we are required to do so by law.
7.3 We will comply with the Data Protection Act 2018 and all other applicable law in relation to the use of
personal data. We will process your personal data in accordance with the Privacy Policy.

8. Intellectual Property

8.1 We are the owner of all Intellectual Property Rights of materials, downloads, logos (“Resources”) provided to you by Us (unless otherwise stated) and nothing in the Terms of membership shall constitute the transfer of ownership of rights to any other person.
8.2 You are not permitted to copy, reproduce, share, publish, sell or dispose of or otherwise make available the
Resources to another person unless expressly provided permission in writing.
8.3 Your use of our name and/or logo is permitted for the duration of your ICAP membership. If you use the
ICAP name and logo, you must do so within the ICAP brand guidelines and using files downloaded in the
membership area or received via email by ICAP. We reserve the right to approve how our name and logo is
used in marketing and promotional materials.
8.4 Clause 8.1 – 8.3 will survive the termination of ICAP membership.

9. Events

9.1 Each of our events may have specific applicable terms and conditions, and if so, you need to check that you can comply with such terms and conditions before booking a place at such events.

10. Liability

10.1 ICAP shall not be liable to any third party for any loss of revenue or profit, or any special, incidental, indirect or any consequential damages (however arising, including negligence), arising out of membership with ICAP.
10.2 The liability of ICAP to you is limited to the total amount of your annual membership fee or fees paid for the prior six months.
10.3 Nothing in these terms and conditions excludes liability for death or personal injury caused by ICAP’s
negligence or for fraud or fraudulent misrepresentation.
10.4 All provisions of liability shall survive the termination of membership.
10.5 ICAP shall not be liable for any costs incurred by you associated with changes to terms of membership
and/or changes to our brand guidelines and logo usage policy.
10.6 You agree that you have not relied on any statements, promises, assurances, representation, warranties,
whether in writing or oral communication by any person (associated with ICAP or not) relating to the
provision of Membership other than expressly disclosed in these Terms.

11. Force majeure

11.1 Neither party shall be in breach of this agreement nor liable for any delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the affected party shall be entitled to a
reasonable extension of the time for performing such obligations. If the period of delay or non-performance
continues for 4 weeks, the party not affected may terminate this agreement by giving 7 days’ written notice to
the affected party.

12. Third parties

12.1 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

13. Entire Agreement

13.1 This membership terms and conditions constitute the entire agreement between the parties and supersede and extinguish all previous membership terms and conditions, promises, assurances, warranties,
representations and understandings between them, whether written or oral, relating to its subject matter.

14. Severance

14.1 If any court finds that any provision of this agreement is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, shall be deemed to be deleted, and the validity and enforceability
of the other provisions of this agreement shall not be affected. If any invalid, unenforceable or illegal provision of this agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

15. Complaints

15.1 ICAP shall endeavour to respond to any complaint received within five working days. This may be an
acknowledgement of receipt whilst further investigations are carried out. If you have any queries or complaints, please contact us;
E-mail: hello@institutecap.co.uk
Post: Kemp House, 160 City Road, London, EC1V 2NX

16. Notice

16.1 All notices given by you to Us must be provided in writing to ICAP Community Limited, Kemp House, 160
City Road, London, EC1V 2NX. We may give notice to you via either the e-mail or postal address you provide to us when registering to become a member. Notice will be deemed received and properly served immediately 24 hours after an e-mail is sent, or three days after the date of posting of any letter.

17. Governing law and jurisdiction

17.1 This agreement, and any dispute or claim arising out of or in connection with it or its subject matter or
formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance
with, the law of England and Wales.
17.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

18. Dispute resolution

18.1 Each party commits that in the event a dispute should arise under this agreement or relating to any manner hereto, the parties shall first endeavour to resolve their dispute by good faith negotiations between or among the parties.
18.2 If the parties are unable to resolve their dispute, they agree to attempt to mediate their dispute within 30
days after the dispute initially arose, using a third-party mediator.
18.3 All mediation proceedings shall be confidential, and no information exchanged in such mediation shall be discoverable or admissible in any litigation involving the parties.
18.4 Proceedings shall not be commenced by any party unless every effort to resolve the dispute has been
exhausted.