Membership terms and conditions

These terms and conditions govern your membership with us.
Teal ovals on a navy blue background.

In these terms and conditions the words and expression below shall be interpreted to have the meanings adjacent to them:

“Auto Renewal Date” means first (1st) April every calendar year;

“Benefits” means the Benefits available to the Member during the Membership Term as specified, for the relevant network that You are a Member of, on Our website https://www.nhsconfed.org/join, or as otherwise notified by NHS Confederation to You from time to time;

“Member”, “You”, “Your” means the legal entity specified by You in Your application to NHS Confederation to become a member, and for whom NHS Confederation has agreed to provide access to the Benefits in accordance with these Terms and Conditions;

 “Membership Fee” means the fee payable by the Member to NHS Confederation to cover membership costs. The Membership Fee information is provided by NHS Confederation upon application to become a Member and shall be provided to you prior to each Auto Renewal Date.

“Membership Term” is a period of twelve (12) months (or such shorter period during Your first year of membership if the contract starts on a date which is not 1 April) which is renewable each year on the Auto Renewal Date until the contract is terminated by either You or Us in accordance with these Terms and Conditions;

“NHS Confederation”, “We”, “Our”, “Us” means NHS Confederation of 2nd Floor, 18 Smith Square, Westminster, London, SW1P 3HZ;

“Permitted Users” has the meaning set out in clause 2 (Membership Benefits);

“Terms and Conditions” means these terms and conditions that apply to Your membership with NHS Confederation; and

“Website” means NHS Confederation’s website (https://www.nhsconfed.org/ ).

1. Agreement to these Terms and Conditions

Following an expression of interest, and an exchange of information between the NHS Confederation and You regarding Your interest to become a member (to include NHS Confederation providing to You written details of the Membership Fee and the Benefits and directing you to these Terms and Conditions,) Your application to NHS Confederation shall constitute an offer by You to become a Member in accordance with these Terms and Conditions.

Your application shall only be deemed to be accepted when NHS Confederation issues written acceptance of Your application at which point and on which date the contract shall come into existence.

For the avoidance of doubt, a Member is not a corporate member of NHS Confederation and the Member shall have no right to vote or participate in decisions of NHS Confederation. 

2. Membership Benefits

Subject to payment of the Membership Fee, and Your compliance with these Terms and Conditions, We will at Our sole discretion provide Benefits to You during the Membership Term. The Benefits vary for each network within NHS Confederation. Details of the membership benefits for each network are available at https://www.nhsconfed.org/join.

NHS Confederation may at any time without notifying the Member make changes to the Benefits which are necessary to comply with any safety or regulatory or other statutory requirements and/or which do not materially affect the nature or quality of the Benefits that will be available to You. 

Any other changes or additions to the Benefits or to these Terms and Conditions will be notified to the Member in writing by NHS Confederation in advance of those changes taking place.

Payment of the Membership Fee shall entitle individuals nominated by the Member (“Permitted Users”) to access the Benefits, provided the Permitted Users will at all times be an officer of the Member or an employee of the Member. You will procure that all Permitted Users comply with these Terms and Conditions at all time.

To the extent that Your Benefits include free places to attend NHS Confederation events, the number of places available at each such NHS Confederation event will be determined by Your membership type. NHS Confederation cannot guarantee places to Members (and Permitted Users) at every NHS Confederation event and reserves the right to cancel a reservation and to cancel an event. NHS Confederation will not be responsible for any wasted costs or expenses incurred by the Member (or any Permitted Users) arising out of a cancelled reservation or cancelled event. 

For the avoidance of doubt, any events (whether hosted by NHS Confederation and/or other Members and/or others) which do not form part of the Benefits, will be subject to separate terms and conditions.

3. Membership Term and Payments 

Once the contract has been created, You will be liable to pay the Membership Fee. We will invoice You for the Membership Fee and such invoice shall be payable in full, without deduction or set-off, within thirty (30) days of the date of Our invoice. 

Your membership shall be automatically renewed for successive periods of twelve (12) calendar months from the Auto Renewal Date unless You notify NHS Confederation of cancellation, in writing, at least one (1) calendar month before the end of the current Membership Term. Upon receipt of the cancellation notice, Your membership will end on the last day of the relevant Membership Term.

Membership Fees are subject to change on the Auto Renewal Date. NHS Confederation will write to You at least six (6) weeks prior to the Auto Renewal Date to confirm:

  1. Your membership for the twelve (12) month period from the Auto Renewal Date;

  2. the Membership Fee payable by You together with an invoice;

  3. any changes to Your Benefits;

  4. the applicable terms and conditions; and

  5. the new Membership Term end date.

You can also request this information at any time by email to: membership@nhsconfed.org

Should You not wish to renew Your membership at the end of the current Membership Term, You must provide a cancellation notice in writing to Us at least one (1) calendar month before the Auto Renewal Date.

Subject to You cancelling Your membership (as described above) You shall pay the Membership Fee in full, without deduction or set-off, within thirty (30) days of the date of Our invoice. 

All Invoices shall be paid by bank transfer using the account details specified on Our invoice.

If an undisputed invoice is not paid by the due date for payment, NHS Confederation, may at its sole discretion, block Your access to the Benefits until Your invoice has been paid. 

If You reasonably and genuinely dispute an  invoice You shall:

  1. notify Us promptly (and in any event before the due date for payment of the relevant amount);

  2. pay any amount not in dispute in accordance with these Terms and Conditions; and

  3. cooperate with Us in good faith to resolve the dispute as soon as reasonably practicable.

4. Data Protection 

In order to deliver the Benefits, We will need to process personal data about You, the Permitted Users, and that of anyone else about whom You provide information to Us in connection with the Benefits, and We will use the information You provide to contact You and them. We may also share Your [name/contact details], Permitted Users [name/contact details] and that of anyone else about whom You provide information to Us in connection with the Benefits, with Our other members from time to time in order for us to facilitate peer to peer networking and learning.

Please therefore make sure that the Permitted Users and people whose information You provide are aware that You are submitting information to Us, and are provided with a copy of these Terms and Conditions, and wherever possible please provide Us with their ‘work’ contact details rather than personal details.

Our Privacy Policy is available here which sets out ways in which We process any personal data We collect from or about You, or that You provide to Us, and that Privacy Policy shall apply to the delivery of the Benefits: https://www.nhsconfed.org/privacy 

5. Intellectual Property   

You acknowledge and agree that all intellectual property rights including but not limited to the material and information provided by Us through Your membership of NHS Confederation and the Benefits belongs to NHS Confederation and/or NHS Confederation’s third party licensors. You (and the Permitted Users) will not acquire any rights in or to such intellectual property, information or materials provided through Your membership and/or the Benefits other than the right to access/ use them strictly in accordance with these Terms and Conditions.

You must not (and will procure that the Permitted Users do not) modify paper or digital copies of any materials You and the Permitted Users have received, printed off or downloaded in any way, under or in connection with the Benefits, Your membership, and/or these Terms and Conditions, and You must not (and will procure that the Permitted Users do not) use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You must not (and will procure that the Permitted Users do not) use any part of the content received through the Benefits for commercial purposes without first obtaining a licence to do so from Us.

You must not (and will procure that the Permitted Users do not) reproduce, duplicate, copy or re-sell any part of the information or materials received through the Benefits.

You represent and warrant that in respect of any information or materials shared by You or Your Permitted Users with NHS Confederation and/or other members, You have the rights in or to such intellectual property, information or materials and You will indemnify (and keep indemnified) NHS Confederation against all reasonable costs, expenses, damages and losses awarded against or incurred or paid by NHS Confederation as a result of or in connection with any claim made against NHS Confederation for infringement of a third party’s intellectual property arising out of, or in connection with, the use or supply of information or material shared by You or Your Permitted Users. 

NHS Confederation does not warrant the, relevance, accuracy, completeness, use and onward supply of information or materials shared between members.

Being a member of NHS Confederation does not permit You or any Permitted Users to use the NHS Confederation logo or name in any circumstances and these Terms and Conditions do not constitute a licence to use Our logo or name. You must obtain prior written consent from NHS Confederation to use the NHS Confederation logo or name. For the avoidance of doubt, You may confirm/advertise Your membership with NHS Confederation in publication material.

6. Warranties and liabilities   

Nothing in these Terms and Conditions excludes or limits Our liability for death or personal injury arising from our negligence, or for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

Subject to the above, We will not be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with Your membership or the Benefits for:

  1. loss of profits, sales, business, or revenue;

  2. business interruption;

  3. loss of anticipated savings;

  4. loss of business opportunity, goodwill or reputation; or

  5. any indirect, special  or consequential loss, damage, expenses or other claims. 

We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by Us of those linked websites. We will not be liable for any loss or damage that may arise from Your use of them.

Our total aggregate liability to You for all losses arising out of or in connection with Your membership or the Benefits (whether such losses arise in contract, tort, negligence, breach of statutory duty or otherwise) shall not exceed the Membership Fee paid by You in the preceding (twelve) 12 months. 

NHS Confederation warrants to the Member that the Benefits will be provided using reasonable care and skill as far as reasonably possible. Where NHS Confederation uses the service(s) of any agent or third party (such as speakers at events) NHS Confederation does not give any warranty, guarantee or indemnity in that respect.

To the extent permitted by law, We do not give any warranties, representations or undertakings in relations to the Benefits or any content of it. Any representation, condition or warranty which might be implied or incorporated into these Terms and Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law, in particular We will not be responsible for ensuring that the Benefits are suitable for Your purposes.

7. General Information

The information and materials provided  by Us through the Benefits is provided for general information only. It is not intended to amount to medical advice or financial advice or general advice on which You should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action based on the content received through the Benefits. We accept no liability for any loss or damage whatsoever sustained by You or any Permitted User as a result or using or relying on any aspect of the Benefits or information/material provided through the Benefits.

8. Termination     

Termination by You: You may terminate Your membership with Us by giving at least one (1) calendar month written notice to Us before the end of the current Membership Term. Upon receipt of the cancellation notice, Your membership will end on the last day of the relevant Membership Term. For the avoidance of doubt, You cannot terminate your membership with NHS Confederation prior to the end of the current Membership Term and You shall not be entitled to refund of the Membership Fee (or part thereof).

Termination by Us: We may terminate Your membership (or a Permitted Users’ access to the Benefits) with Us with immediate effect, by written notice to You in the following circumstances:

  1. You fail to pay an undisputed invoice by the due date; 

  2. You and/or any Permitted Users are in material breach of these Terms and Conditions; and

  3. You go into liquidation, You make a voluntary arrangement with Your creditors or You have a receiver or administrator appointed; or 

  4.  You or any Permitted Users fail to act in accordance with NHS Confederation’s values https://www.nhsconfed.org/what-we-do/our-values

9. Effects of termination   

On termination for any reason, the Benefits shall cease and You and the Permitted Users will no longer have access to the Benefits.

For the avoidance of doubt, termination for any reason shall not affect payment by You of the Membership Fee, and any rights, liabilities or obligations that accrued before such termination.

10. Disputes

In the event of a dispute arising out of or in connection with these Terms and Conditions and/or Your membership (“Dispute”), NHS Confederation and the Member shall follow the procedure set out in this clause.

Either NHS Confederation or the Member shall give to the other written notice of the Dispute, setting out its nature and full particulars, together with relevant supporting documents. On service of the dispute notice, an NHS Confederation representative and a Member representative shall attempt in good faith to resolve the Dispute.

If the NHS Confederation representative and the Member representative are for any reason unable to resolve the Dispute within ten (10) days of service of the written notice relating to the Dispute, the Dispute will be referred to a director (or equivalent position) of NHS Confederation and a director (or equivalent position) of the Member and they shall attempt in good faith to resolve the Dispute.

11. Notices

Any notices required to be given to NHS Confederation under or in connection these Terms and Conditions shall be sent to membership@nhsconfed.org. Notices to the Member shall be sent to the email address provided by the Member as part of the membership process, unless, NHS Confederation is otherwise informed in writing.

12. Assignment

You cannot novate, assign or transfer your membership to another person, body or organisation.

13. Entire Agreement 

These Terms and Conditions represent the entire understanding between the You and Us in relation to the subject matter hereof and (except in respect of any fraudulent misrepresentations) supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understanding between You and Us, whether oral or written.

You acknowledge that in agreeing to these Terms and Conditions You will not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions, or any document expressly referred to in them.

14. Waiver

If We fail to insist that You perform any of your obligations under these Terms and Conditions, 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.

15. Third-Party Rights   

These Terms and Conditions do not create or infer any rights under the Contracts (Rights of Third Parties) Act 1999 which are enforceable by any person who is not a party to the contract.

16. Severance

In the event that any provision or part provision of these Terms and Conditions is, or is held to be, illegal, invalid, unenforceable pursuant to a final adjudication by a court of competent jurisdiction such provision will be severed from these Terms and Conditions and the remainder of these Terms and Conditions will be deemed in full force and effect.

17. Governing Law   

These Terms and Conditions 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 shall, subject to the dispute resolution procedure set out in clause 10 of these Terms and Conditions, be subject to the exclusive jurisdiction of the English Courts.

Date: 5 February 2024