TERMS & CONDITIONS

AGREEMENT BETWEEN USER AND KCW CHAMBER

The Kensington, Chelsea & Westminster Chamber of Commerce website is comprised of various web pages operated by Kensington, Chelsea & Westminster Chamber of Commerce Limited, registered in England company number 948880 (“KCW Chamber”).

The KCW Chamber website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the KCW Chamber website constitutes your agreement to all such terms, conditions, and notices.

These terms of use may refer to the following additional terms, which will also apply to your use of our site:

• Our Privacy Policy.

You can contact KCW Chamber at:

Address: Windsor House, 40/41 Great Castle Street, London W1W 8LU

Phone: 020 7795 0304

Email: Team@KCWChamber.org.

MEMBERSHIP

KCW Chamber Membership is for a minimum of one year as per the joining date when you (the member) joined online or as stated on the membership invoice. The annual membership fee cannot be cancelled or refunded. Membership subscriptions are due promptly and in full if the member opts to pay the invoice on an annual basis.

Failure to pay for membership will lead to a suspension of membership and KCW Chamber will pursue the full annual payment and will only re-activate the membership once the annual payment is received in full.

However, the annual membership fee, once agreed and made, cannot be cancelled or refunded in the first year of membership. It is extremely time-consuming and costly to administer late or irregular payments and we reserve the right to charge £25+VAT if payments are not made within 60 days of the due date of invoice payment date. Further if the first payment is not received within 7 working days from the date of invoice and if any payments are late or missed, we will request the balance on your account to be immediately paid in full.

Membership of KCW Chamber is open to any business which want to promote their goods and services to other businesses, and, in turn, are open to promotion of other members' goods and services, within but not restricted to the Royal Borough of Kensington & Chelsea and the City of Westminster.

Any business, individual or charity can apply to KCW Chamber for membership. Once Membership is paid for the KCW Chamber Board ratifies the membership. KCW Chamber reserves the right to deny or cancel membership, access to its events or online facilities should the proposed member be deemed not suitable for membership. No explanation needs to be given.

Any member or its representatives acting in a manner not conducive to the aims of KCW Chamber can have its membership suspended or rescinded at the discretion of KCW Chamber. Such activities such as non-payment of fees, spamming members via email, posting of lewd or inappropriate content online or aggressive promotion, promotion of other networks to the detriment of KCW Chamber especially where such promotion is by a person with a rewarded position within another network can lead to suspension or membership cancellation. In such circumstances, no refund of fees will be made.

Members pay an annual subscription fee in return for benefits. These include priority invitations for events, reduced or free entry to certain events and at the discretion of KCW Chamber, free entry into the printed and online directory and other services designed to increase business marketing opportunities for each of its members.

Each member can send the number representatives to any event according to the Tier level under the terms of its membership agreement. Additional guests are welcome to attend but are subject to event restrictions and charges as announced.

EVENT BOOKINGS

All members and their representatives must book ahead of the event they wish to attend. Prior booking is a prerequisite of admittance. Where no booking is made, entry cannot be guaranteed. In circumstances where no booking has been received, KCW Chamber can only permit entry subject to the host venue's agreement with KCW Chamber and is permitted subject to full payment being received within 24 hours.

KCW Chamber reserves the right to pursue non-paying members for payments due. Members can be suspended for non-payment of due event fees until such time as the amount due is settled.

All bookings must be made through our online booking system or by email. A place is reserved for three days pending payment when the booking is accepted as confirmed. Payment is confirmation of attendance. Where bookings are made and accepted and a payment arrangement is allowed on the day, the booking company accepts full liability in the event they do not attend. KCW Chamber will invoice for the agreed payment and seek settlement by return.

Cancellations and refunds are only accepted when made at least 24 hours before the event and where cancellations are allowed at the venue. In such circumstances, we will attempt offer a full refund or transfer the booking to another event of the KCWChamber's choice. All refunds and transfers are at the discretion of KCW Chamber.

All data collected when booking is subject to our Privacy terms. We do not keep or store any card details when these are used for bookings.

PERIOD OF ARRANGEMENT

The arrangement between KCW Chamber and each user shall continue indefinitely until it is terminated as follows:

a) By the user: By giving written notice of termination to this email address at any time: Team@KCWChamber.org or Windsor House, 40/41 Great Castle Street, London W1W 8LU. Such termination shall be effective three months after the date on which the notice is given.

b) By KCW Chamber: By giving the user written notice of termination to the most recent email address supplied. Such notice may only be given where 1) any amount owed by the user to KCW Chamber is overdue and 2) the user has not paid the outstanding amount in full within 7 days (or such longer period indicated by KCW Chamber) of the request by KCW Chamber to the user’s most recent email address supplied. Termination in these circumstances shall be effective immediately at the end of that period without KCW Chamber being required to give any further notice.

AUTHORITY REGARDING PAYMENT

The user irrevocably authorises KCW Chamber to claim payment of amounts properly due to it by the user from time to time from any credit card or debit card details submitted and may do so monthly or at other intervals as agreed by KCW Chambers and its members. This right continues until the effective termination of the arrangement.

If the User is a company or similar organisation, the individual submitting the credit card or debit card (and acting on behalf of the user generally) represents that he/she is authorised to do so by that company or similar organisation.

Clause on online payment terms might be necessary. Possibly include warranties, disclaimers and brief info about the 3rd party vendor processing the payment.

CANCELLING MEMBERSHIP

Those members choosing to leave KCW Chamber should inform the office of their decision before the end of that current year's membership. Benefits of membership will be removed on the last date of that year's membership including event attendance, online directory listing, Alerts subscriptions and any other benefits of membership available at the time of cancellation.

In order for these benefits to be reinstated, membership must be reactivated and due fees made. KCW Chamber will inform each company of their status and fees due.

The leaving company forfeits all rights of attendance of KCW Chamber events. If anyone at your company wishes to attend a future event, the company will have to re-join KCW Chamber .

MODIFICATION OF THESE TERMS OF USE

KCW Chamber reserves the right to change the terms, conditions, and notices under which the KCW Chamber website is offered, including but not limited to the charges associated with the use of the KCW Chamber website.

LINKS TO THIRD PARTY SITES

The KCW Chamber website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of KCW Chamber and KCW Chamber is not responsible for the contents of any linked site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. KCW Chamber is not responsible for webcasting or any other form of transmission received from any linked site. KCW Chamber is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KCW Chamber of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the KCW Chamber website, you warrant to KCW Chamber that you will not use the KCW Chamber website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the KCW Chamber website in any manner which could damage, disable, overburden, or impair the KCW Chamber website or interfere with any other party's use and enjoyment of the KCW Chamber website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the KCW Chamber website.

USE OF COMMUNICATION SERVICES

The KCW Chamber website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including email addresses, without their consent.
Violate any applicable laws or regulations.

KCW Chamber has no obligation to monitor the Communication Services. However, KCW Chamber reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. KCW Chamber reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

KCW Chamber reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in KCW Chamber's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. KCW Chamber does not control or endorse the content, messages or information found in any Communication Service and, therefore, KCW Chamber specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized KCW Chamber spokespersons, and their views do not necessarily reflect those of KCW Chamber.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO KCW CHAMBER OR POSTED AT ANY KCW CHAMBER WEBSITE

KCW Chamber does not claim ownership of the materials you provide to KCW Chamber (including feedback and suggestions) or post, upload, input or submit to any KCW Chamber Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting KCW Chamber, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. KCW Chamber is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in KCW Chamber's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

The Chamber will take photos during the various events and can choose to post these on the Chamber website. Members and Guests accept that by participating in the event they authorise the Chamber to do so. You may contact a Chamber representative should you wish for your picture not be used on the website.

COOKIE POLICY

Our site uses cookies to distinguish you from other users of our site. This helps us to provide you with a good experience when you browse our site and also allows us to improve our site. By consenting to our cookies being stored on your device you agree to our Cookie Policy.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.

We only use essential cookies required for the operation of our site to enable core functionality such as security, verification of identity and network management.

We do not use marketing, functional or analytical cookies.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

You can revoke your consent to cookies at any time via the Manage Your Consents page.

Users have the option and ability to delete any third-party cookies that may be stored on their browser after using your website.

LIABILITY DISCLAIMER

The information, software, products, and services included in or available through THE KCW Chamber website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. KCW CHAMBER and/or its suppliers may make improvements and/or changes in the KCW CHAMBER website at any time. Advice received via the KCW CHAMBER website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

KCW CHAMBER and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the KCW CHAMBER website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. KCW CHAMBER and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall KCW CHAMBER and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the KCW CHAMBER website, with the delay or inability to use the KCW CHAMBER website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the KCW CHAMBER website, or otherwise arising out of the use of the KCW CHAMBER website, whether based on contract, tort, negligence, strict liability or otherwise, even if KCW CHAMBER or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the KCW CHAMBER website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the KCW CHAMBER website.

SERVICE CONTACT

Team@KCWChamber.org

TERMINATION/ACCESS RESTRICTION

KCW Chamber reserves the right, in its sole discretion, to terminate your access to the KCW Chamber Website and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of England and you hereby consent to the exclusive jurisdiction and venue of courts England all disputes arising out of or relating to the use of the KCW Chamber website. Use of the KCW Chamber website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and KCW Chamber as a result of this agreement or use of the KCW Chamber website. KCW Chamber's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of KCW Chamber's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the KCW Chamber website or information provided to or gathered by KCW Chamber with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and KCW Chamber with respect to the KCW Chamber Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and KCW Chamber with respect to the KCW Chamber website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

INTELLECTUAL PROPERTY

This website may contain elements that are protected by copyright, trademark or by any other intellectual property laws that are subject to the copyright or other related rights of third parties and that are correspondingly protected for these third parties. Users are expressly prohibited from integrating in whole, or in part, any of the protected contents published on this website into other programs or other websites or to use them by any other means without the explicit written permission of the intellectual property owner.

JURISDICTION

Any dispute or claim (including non-contractual disputes or claims) arising out of the use of this website or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

Parties will however first attempt to settle any such disputes through negotiation and/or mediation before going through any legal proceedings.

In the event that parties fail to reach a consensus through the alternative dispute mechanisms mentioned, each party will irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle the matter.

ANTI-HARASSMENT PROCEDURE

Our commitment

Kensington, Chelsea and Westminster Chamber of Commerce is committed to providing all its employees/guests with a welcoming, friendly, and fair working/networking environment. It is up to each and every one of us to make sure we create a environment where we respect and embrace the views, beliefs and individual differences of each other and our customers. This in turn allows us all to work in an environment that lets us maintain our own dignity whilst at work/events, both in our venues and offices. We do not tolerate bullying, harassment, intimidation or victimisation whether it is related to protected characteristics (see the definition below) or not. This applies not only in the events but outside of events where there is a KCWCC connection – for example at a social event. Such behaviour is normally gross misconduct and likely to result in dismissal; in serious cases, it may be a criminal offence.

This commitment and expectation extends to our customers, applicants, external contractors, consultants and anyone working on our events.

Purpose

An organisation could be liable where it fails to take reasonably practicable steps to protect an employee/guest from harassment by a third party, where such harassment by a third party was known to the organisation to have occurred on at least two previous occasions. The person does not have to be the same on each occasion.

This policy and approach aims to ensure that no employee, applicant, customer, external contractor or consultant suffers bullying or harassment or receives less favourable treatment in the form of any type of discrimination or is placed at a disadvantage at work/events or suffers victimisation because of a protected characteristic (see below).

The company is equally committed in protecting all members from unfair treatment if they have made or supported a complaint or raised a grievance in the past, or because they are suspected of doing so.

Definitions

Discrimination - Can be summarised as an person being treated less favourably than another person because of a protected characteristic they have, are thought to have or because they associate with someone who has a protected characteristic.
Harassment - Is defined as unwelcome or unwanted conduct based on a protected characteristic, which has the purpose or effect of violating an individual’s dignity at an event or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person.
Protected Characteristics - age, disability, marriage and civil partnership, pregnancy or maternity, race, religion or belief, sex, sexual orientation, and gender reassignment.
Victimisation - Someone is treated badly because they have made, supported or thought to have made a complaint or grievance

Supportive Framework

It is recognised that making a complaint of bullying or harassment is likely to be a distressing experience and that in some instances individuals may find it difficult to raise complaints directly with their person of contact with in the KCWCC. Therefore, individuals may approach any member of the Executive Council team directly, who will be able to provide support and guidance.

Confidentiality will be respected at all times and the circulation of information will be minimised to that which is necessary to ensure a fair investigation and hearing.

Keeping a Record

It is important that anyone who believes they have been/ are being bullied or harassed and/or is being treated unfairly keeps a record of the details of each incident as soon after the event as possible:

Date, time and place;
Names of who was involved and what actually happened;
The effect the incident had on you/the recipient;
Names of any witness;
Action taken and whether reported to EC;
Any correspondence relating to the incidents and subsequent complaints.

Informal Resolution

In the first instance, every effort will be made to resolve the issue informally if it is felt appropriate. As soon after the incident as possible the individual should discuss the incident with the alleged bully/ harasser, making it clear that the incident was not welcomed and should not be repeated. This could be put in writing to them if the complainant does not feel comfortable speaking directly to the alleged bully/ harasser.

The complainant should make a note of the action taken. If this approach does not resolve the problem, the individual should contact the executive committee for further support.

Where the individual indicates that they would prefer to discuss the matter with a person of the same sex, race etc. this will be arranged whenever possible. Any discussion will be confidential, and no further action will be taken without the consent of the individual concerned. In some cases, the allegation may be so serious as to require immediate action, for example if it involves a criminal offence or serious misconduct. In such circumstances the company may be compelled to take action irrespective of the individual’s wishes.

Following an attempt to resolve a problem informally, the individual may choose to:

Take no further action at this stage, but record any future incidents as recommended above and keep the situation under review, enabling the individual to seek further advice in the future if necessary.
Ask the person to stop the offending behaviour and again keep the situation under review (if the alleged harasser has not already been approached).

Formal Resolution

An individual may decide to make a formal complaint. In this instance the Kensington, Chelsea and Westminster Chamber of Commerce will assist with any legal and local enforcement enquirIes.

False of Malicious Allegations

Where an individual deliberately makes false or malicious allegations, this will be dealt with. Such conduct is considered to be gross misconduct and may result in summary dismissal from the Kensington, Chelsea and Westminster Chamber of Commerce

The small print

This policy applies to all members including those employed by Kensington, Chelsea and Westminster Chamber of Commerce, unless otherwise indicated. If there is any doubt over any aspect of this policy, guidance must be sought from Exec Team.
They do not form part of the terms of contract with us, which are provided separately.
The Kensington, Chelsea and Westminster Chamber of Commerce may amend and update this policy at any time.
If there is any conflict between this policy and the provisions of the members articles, the member articles will apply.

EQUALITY, DIVERSITY AND INCLUSION

Introduction

Kensington, Chelsea and Westminster Chamber of Commerce is committed to the principles of diversity, equality of opportunity and inclusion, and recognises the importance of adhering to these principles at all times. All that we do will reflect our approach to equality, diversity and inclusion in the workplace. All job applicants, agency workers, contract workers, officers, employees or former employees, visitors, clients, customers, suppliers and employees will receive equal treatment regardless of all protected characteristics - age, disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex or sexual orientation.

It is our belief that a collective and long-term company focus on diversity, equality and inclusion is part of a proactive approach to recognising that everyone in the team is different, and that each person can make and bring their own unique contribution, experience, knowledge and skills to the company.

Purpose

This policy sets out our approach to the above and the avoidance of discrimination at work. It applies to all aspects of employment with us, including recruitment, pay and conditions, training, appraisals, promotion, conduct at work, disciplinary and grievance procedures, and termination of employment.

Your Responsibilities

We emphasise that discrimination in the workplace is unacceptable, and the perpetration of discrimination will be treated as a disciplinary offence.

It is the responsibility of all employees to respect the principles of this policy, to avoid and prevent discrimination towards colleagues and guests. Furthermore, all employees are expected to not act in a manner that impedes the application and advancement of this policy. Any deliberate act of discrimination in the course of employment in breach of this policy or any other anti-discrimination policy introduced and implemented by the company, will be regarded as a serious breach of conduct which may justify disciplinary action, the level of which will depend on the circumstances and nature of the discrimination involved.

Recruitment and selection

Recruitment, promotion and other selection exercises such as redundancy selection will be conducted on the basis of merit, against objective criteria that avoid discrimination.
Vacancies should generally be advertised to a diverse section of the labour market. Advertisements should avoid stereotyping or using wording that may discourage particular groups from applying.
Job applicants should not be asked questions which might suggest an intention to discriminate on grounds of a Protected Characteristic. For example, applicants should not be asked whether they are pregnant or planning to have children.
Job applicants will not be asked about health or disability before a job offer is made, except in the very limited circumstances allowed by law. Where necessary, job offers can be made conditional on a satisfactory medical check.

Disabilities

If you are disabled or become disabled, we encourage you to tell us about your condition so that we can consider what reasonable adjustments and/or support and/or assistance may be appropriate. We will comply with our obligations and duties under the Equality Act 2010 and any other applicable equality legislation.

Part-time and fixed-term work

Voluntary, Part-time and fixed-term employees will be treated the same as comparable full-time or permanent employees and enjoy no less favourable terms and conditions (on a pro-rata basis where appropriate), unless different treatment is justified.

Breaches of this policy

We take a strict approach to breaches of this policy, which will be dealt with in accordance with our Disciplinary Procedure. Serious cases of deliberate discrimination may amount to gross misconduct resulting in dismissal.
If you believe that you have suffered discrimination you can raise the matter through our Grievance Procedure. Complaints will be treated in confidence and investigated as appropriate.
You must not be victimised or retaliated against for complaining about discrimination. However, making a false allegation deliberately and in bad faith will be treated as misconduct and dealt with under our Disciplinary Policy.

The small print

This policy applies to all employees in the company structure, unless otherwise indicated. If there is any doubt over any aspect of this policy, guidance must be sought from The People Team.
They do not form part of the terms of your contract with us, which are provided to you separately.
The Kensington, Chelsea and Westminster Chamber of Commerce may amend and update this policy at any time.
If there is any conflict between this policy and the provisions of your contract of employment, your contract of employment will apply.