Business Leaders

MEMBERS AND SUBSCRIBERS TERMS AND CONDITIONS

These terms and conditions shall apply to your membership of the Ethical Fashion Forum (‘EFF’), and subscription to the SOURCE, including use of the website located at www.ethicalfashionforum.com and its related domains.

www.ethicalfashionforum.com is a site operated by Ethical Fashion Forum Limited. We are registered in England and Wales under company number 05916585 and with our registered office at Unit C02 Rich Mix, 35-47 Bethnal Green Road, London E1 6LA. Our VAT number is 984385665.

This membership service is provided to you under these terms and conditions, the EFF terms of use, which can be viewed at www.ethicalfashionforum.com/terms-of-use and the EFF privacy policy, which can be viewed at www.ethicalfashionforum.com/privacy-policy (collectively known as the ‘Membership Conditions’).

By becoming a member of EFF or subscribing to the SOURCE you agree to be bound by the Membership Conditions set out below. If you do not wish to be bound by the Membership Conditions then you should not become a member of EFF. Your use of EFF membership will be deemed an acceptance of the terms existing at that time. We may change these terms and conditions from time to time and you should check them regularly. If you do not agree with any of the changes to the terms and conditions then you should stop using your EFF membership immediately.

1. DESCRIPTION OF SERVICE

1.1 EFF shall, subject always to clause 3 below, provide an annual membership service for organizations and individuals (the ‘Service’).

1.2 From 15th November 2011, this service consists of 3 tiers:

1.2.1 NETWORK members can set up a profile on the EFF’s social networking site, the Ethical Fashion Network. (www.ethicalfashionforum.com/network) NETWORK membership is subject to the approval of the EFF team. Membership includes uploading images, videos and contributing to the blog, subject to the approval of images, videos and blog posts by the EFF team. NETWORK membership does not include discounts, opportunity to use the EFF logo, access to members-only information on SOURCE Intelligence or a profile on the SOURCE Database.

1.2.2 SUBSCRIBING members benefit from access to members only information on SOURCE Intelligence and SOURCE Database. They also have the opportunity to list their business or skills on SOURCE Database, subject to review of their application for listing against the Ethical Fashion Forum mandate. www.ethicalfashionforum.com/become-a-member/ethical-mandate Members listed on the SOURCE Database have the right to use the EFF’s LISTED members’ logo, on websites and marketing materials- but not on products. See clause 12 below for full details. Finally, subscribing members benefit from discounts on services and events. These discounts are subject to change without notice. Further details of the current range of discounts can be found at www.ethicalfashionforum.com/become-a-member/partners-offers

1.2.3 SUBSCRIBE + CONSULTANCY members benefit from all subscribing members benefits plus access to one to one consultancy. The parameters of consultancy offered, including time allocation, are set out in the Consultancy Parameters document downloadable from this page: www.ethicalfashionforum.com/become-a-member/subscribe-consult This includes details of how members can gain PROGRESSIVE status and use the PROGRESSIVE members logo. Consultancy parameters are subject to change without notice.

1.3 Prior to 15th November 2011 EFF offered a 5 tier membership service including LINKED UP, LISTED , INFORMED, and PROGRESSIVE. Please see further details in clause 13.

1.4 FELLOWSHIP: The EFF’s Fellowship 500 initiative was launched in November 2011. SUBSCRIBING members, or SUBSCRIBE + CONSULTANCY members may be eligible for fellowship status, which gives them the the chance to attend Fellowship 500 events, be issued with a Certificate of Fellowship, and in some cases, to access discounted membership subscription rates. To be eligible for Fellowship, businesses or individuals need to comply with the EFF’s Fellowship criteria. The EFF reserves the right to decide whether applicants are eligible for fellowship status or not.

2. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE

2.1 The Membership Conditions comprise the entire agreement between you and this Service and supersede all prior agreements between the parties regarding the subject matter contained herein.

2.2 By completing the registration process you are indicating your agreement to be bound by the Membership Conditions.

2.3 We retain ownership of all intellectual property rights within our domain(s), database and the Service, including without limitation, the design, text, graphics, the selection and arrangement.

3. APPLICATION FOR MEMBERSHIP

3.1 In consideration for this Service, you agree to:

3.1.1 provide certain, current, complete, and accurate information as prompted to do so by the Service;

3.1.2 maintain and update this information as required to keep it current, complete and accurate; and

3.1.3 pay any and all membership fees and charges promptly.

3.2 EFF retain the right to terminate your use of this Service if any information provided by you is incomplete or inaccurate.

3.3 You warrant, represent and undertake in relation to all material that you have obtained the necessary permissions from all relevant third parties allowing you to use any relevant material and to permit its dissemination worldwide.

3.4 You warrant that you have appropriate security procedures in place to protect your visitor and buyer personal information.

3.5 You represent and warrant that you will comply with all applicable advertising/marketing and consumer protection legislation and industry regulations from time to time in force, including but not limited to the Consumer Protection from Unfair Trading Regulations 2008 and the provisions of the Committee of Advertising Practice’s Advertising, Sales Promotion and Direct Marketing Code (the “CAP Code”) as regulated by the Advertising Standards Authority. A copy of the CAP can be found at www.cap.org.uk/The-Codes/CAP-Code.aspx..

3.6 You represent and warrant that any of your advertising and/or promotions are compliant with the Advertising Standard Authority’s CAP Code, including but not limited to, environmental claims

3.7 We retain the right at all times to, at our sole discretion, to refuse to provide services or any part thereof, including without limitation, post any unacceptable material and to remove any unacceptable material from our domain(s) and our database.

3.8 We reserve the right to refuse membership, or any particular type of membership, to any applicant for any reason whatsoever, including but not limited to that applicant’s failure to meet the terms of EFF’s membership criteria or ethical mandate. This right endures even where all other criteria listed in this clause 3 are satisfied.

3.9 We reserve the right to terminate any membership, or to transfer members from one type of membership to another, for any reason whatsoever including but not limited to that member’s failure to continue to meet EFF’s membership criteria or, where applicable, the terms of its listed members ethical mandate. The EFF listed members ethical mandate can be reviewed here: www.ethicalfashionforum.com/become-a-member/ethical-mandate

4. MEMBERSHIP SUBSCRIPTION TERM AND ACCESS TO SERVICES

4.1 For NETWORK members, access to members’ services will be authorized as soon as a member’s profile on the network is approved by EFF. NETWORK members are not required to renew their membership, which will remain valid until terminated under clause 3.9 or 10.

4.2 For all other types of membership, the membership term will be a period of 12 months, starting on the date of signature of the Membership Declaration in the member’s application form. Membership must be renewed before the end of each 12 month period.

4.3 If a member does not renew their subscription before the end of the 12 month membership period for all membership types other than NETWORK membership, that membership will expire and a registration fee will be payable on re-registration.

4.4 In order to ensure continued access to services for all types of membership, subscription fees for renewal must be received by EFF before the end of the 12 month membership period.

5. DISCLAIMER OF WARRANTIES

5.1 You expressly agree that use of the Service is at your sole risk.

5.2 We make no warranty that the Service will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the software will be corrected.

5.3 You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material.

5.4 We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. We do not monitor our service and are not liable to you for any inaccurate information accessed through the service or for any loss incurred as a result of reliance on any such information.

5.5 No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

5.6 You agree that EFF are not responsible for any material and/or information provided by you or our other members.

6. LIMITATION OF LIABILITY

6.1 We shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Service or for the cost of procurement of substitute goods and/or services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Service or resulting from unauthorised access to or alternation of your transmissions or data, including but not limited to, damages for loss or profits, revenue, use, data, goodwill or other intangible, even if we have been advised of the possibility of such damages.

6.2 Neither us or our members shall be liable to the other for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder (other than in relation to payment) resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.

7. OUR PRICES AND CHANGES

7.1 Members and subscribers may sign up to pay the Annual Fee in advance on registration or alternatively may instead pay 12 monthly installments on a recurring basis (‘Monthly Fee’) for a period of twelve months through the provided payment options (‘Monthly Fee Arrangement’).

7.2 Payment by monthly installments will usually cost more overall than payment by Annual Fee.

7.3 Annual Fee accounts shall be paid in advance on the first and subsequent anniversaries for the full cost of membership through provided payment options.

7.4 Members with a Monthly Fee Arrangement shall be billed the Monthly Fee to your designated billing payment method on a monthly cycle, with the first payment being deducted on registration and subsequent payments will be charged on a monthly basis on the same date of each month (‘Subscription Charge Date’) until the next renewal date.

7.5 Any queries or disputes relating to any invoice issued by EFF must be raised by you within 7 days of receipt of invoice, otherwise the invoice will be deemed accepted.

7.6 The membership term is annual, with fees paid in advance and recurring. If you pay monthly and wish to stop or suspend your membership before the term is up, you are still liable for payment for the total of that 12 month term.

7.7 EFF retains the right to suspend or terminate a membership if any outstanding charges or fees are not paid or queried within 7 days of receipt of the invoice.

7.8 Accepted invoices and / or payments are non-refundable.

7.9 Charges for membership are subject to increase at any time without notice to the member. Members have the option to cancel without incurring a surcharge subject to the procedure set out in clause 9 of these Members Conditions, or continue at the revised rate. Charges for membership and any additional services are set out in our price list (which we may publish from time to time).

7.10 You can upgrade your membership at any time during its term. Those members who have paid the Annual Fee in advance will incur a surcharge (being the difference between the fee for the upgraded membership and the fee for the original membership) (‘Surcharge’) which will be raised on an invoice. The Surcharge will be non-refundable. Those members who have a Monthly Fee Arrangement will pay a revised monthly rate from the date of the next payment, such rate being the existing monthly payment plus an amount equal to the Surcharge divided by the remaining monthly payments in the current contract term. The upgraded service will be available from the date of such payment. Any subsequent membership term will remain at the upgraded level unless you notify us that you want to downgrade, or unless your membership is downgraded by us under clause 3.9 above.

7.11 You can downgrade your membership on the anniversary of the membership (renewal).

7.12 If you have a Monthly Fee Arrangement and we are unable to charge your agreed billing method on the Subscription Charge Date or as required pursuant to clause 8.1 or 10.2 below, the outstanding Monthly Fees until the next renewal date shall immediately become due and payable and you agree that we may charge such fees to your designated billing payment method, including any costs and expenses incurred as a result of taking such action. We will endeavour to notify you of any charges by email. You also acknowledge that we may engage a debt recovery agency in order to recover such unpaid amounts from you, including any costs and expenses incurred as a result of taking such action and you agree that we may pass your details on to such an agency for this purpose.

7.13 We reserve the right to charge interest on any monies due which shall be in arrears and unpaid. Such interest will be calculated upon the amount owing at rate equivalent to 4% per annum above the base rate of the Co-operative Bank in the United Kingdom for the time being in force.

8. YOUR CONDUCT

8.1 We may, at our sole discretion, immediately terminate your membership of the Service should your conduct fail to conform to the Membership Conditions. In such circumstances the outstanding Monthly Fees for that term until the renewal date will become immediately due and payable and you agree that we may charge such fees to your designated billing payment method

8.2 Any attempt to spam other members, or advertise goods or services not relevant to this site, in EFF’s absolute discretion, will constitute a breach of the Membership Conditions.

8.3 Should you seek to directly or indirectly interfere with, damage or degrade the Service then we may hold you responsible and take legal action against you for all our technical, legal and other costs, including any loss of profit.

9. CONSUMER RIGHT TO CANCEL YOUR MEMBERSHIP

9.1 If you are a consumer then you may cancel your membership within a seven day cooling off period, which starts from the day after your membership commences. This will not apply to any individual or entity using the site for business.

9.2 Notwithstanding the above, by accepting these Membership Conditions you accept that provision of services by EFF may begin before the end of the cooling-off period. Any use of the site by you following successful application for membership (including but not limited to logging in; uploading data to the site or downloading information from the site) will constitute the start of provision of services under these Membership Conditions. Any such action on your part, which causes the provision of services to start will be classed as a waiver of your right to a cooling off period and, accordingly, clause 9.1 will no longer apply, and membership may no longer be cancelled.

9.3 If you wish to exercise this right then you must inform us in writing by emailing us at membership@ethicalfashionforum.com. You will then receive a confirmation by email.

9.4 Please allow up to 28 days from the receipt of the cancellation for the membership fee to be refunded in full.

10. ENDING YOUR MEMBERSHIP

10.1 You can end your Membership at any time by writing to us. Cancellation will only be effective on the confirmation of receipt of your notice.

10.2 Membership fees will not be refunded where cancellation takes place under the conditions set out in clause 9.2 above, or after the period set out in 9.1 above. Members with a Monthly Fee Arrangement will be liable to pay the outstanding Monthly Fees for the remainder of the term.

11. DATA PROTECTION

11.1 We may collect data about you and process it in accordance with our data protection policy, which is set out at: www.ethicalfashionforum.com/privacy-policy...

12. USE OF THE ETHICAL FASHION FORUM LOGO

12.1 The Ethical Fashion Forum has two logos available for use by EFF members. These are:

12.1.1 EFF LISTED MEMBER Logo: This logo is exclusively available for EFF members which are LISTED on the SOURCE Directory, for use on website or promotional materials. Use of the logo on products is NOT PERMITTED, as this suggests that products are endorsed by EFF, which they are not. Any unauthorised use of this logo will constitute an infringement of EFF’s trademark and may result in membership being cancelled and all information being removed from the site.

12.1.2 EFF PROGRESSIVE MEMBER Logo: This logo is exclusively available for SUBSCRIBE + CONSULT members that have achieved PROGRESSIVE status, as set out in the Consultancy Parameters downloadable from this page: www.ethicalfashionforum.com/become-a-member/subscribe-consult , for use on website or promotional materials. Use of the logo on products is NOT PERMITTED as this suggests that products are endorsed by EFF, which they are not. Any unauthorised use of this logo will constitute an infringement of EFF’s trademark and may result in membership being cancelled and all information being removed from the site.

12.1.3 Use of either of these logos by non-members, or use by members who fail to renew their membership under clause 4, or who are in default of their payment subscriptions will constitute unauthorised use.

13. MEMBERSHIP TIERS FOR MEMBERS JOINING PRIOR TO 15TH NOVEMBER 2011

13.1 Prior to 15th November 2011 EFF operated a four tier membership system as set out below. Until 15th November 2012 all benefits associated with these types of membership remain. After 15th November 2012 this membership tier system will be phased out.

13.1.1 LINKED UP – LINKED UP membership offers discounts on services and events as well as members only newsletter. These discounts are subject to change without notice but further details of the current range of discounts can be found at www.ethicalfashionforum.com/become-a-member/partners-offers. LINKED UP membership does not include the opportunity to use the EFF logo, access to members-only information on SOURCE Intelligence or a profile on the SOURCE Database.

13.1.2 LISTED – LISTED membership offers all LINKED UP benefits PLUS a listing and profile page on the SOURCE Database – the ethical sourcing and business database for the fashion sector.

13.1.3 INFORMED – INFORMED membership offers all LISTED benefits PLUS access to members-only information on SOURCE Intelligence- the online source of sustainable fashion business intelligence. INFORMED members, who are also LISTED, have the right to use the EFF’s LISTED members’ logo, on websites and marketing materials, but not on products. However INFORMED members who are not LISTED do not have the right to use this logo. See clause 12 below for full details.

13.1.4 PROGRESSIVE – PROGRESSIVE membership offers all INFORMED benefits PLUS a one to one consultation with a member of the EFF team and an EFF endorsed Ethical Business Policy (“EBP”), accompanied by a target setting process. Progressive members have the right to use the EFF’s PROGRESSIVE members’ logo on websites and marketing materials- but not on products. See clause 12 below for full details.

13.1.5 The one to one consultation and target setting process with a member of the EFF team shall include:

(i) A one to one meeting with a member of the EFF team lasting 90 minutes, during which the business processes and social and environmental targets of the member in question are discussed using the EFF’s Ethical Policy Framework to structure the session. The Ethical Policy Framework can be reviewed here: www.ethicalfashionforum.com/become-a-member/ethical-policy-framework

(ii) In order to inform the one to one consultation session, prospective PROGRESSIVE members will be requested to fill in a pre- consultation Ethical Business Policy framework form. This is necessary in order to maximise the benefits of the one to one meeting to the member in question.

(iii) After the consultation session, members will be sent a draft Ethical Business Policy and targets document, drawn from the session. On receipt of this, Members will have a period of up to a month to review and respond with any comments that they would like EFF to take into account for the final drafts of their EBP and target setting documents.

13.1.5 The EBP shall consist of a form setting out the member’s policy in relation to their sourcing and business practices.

13.1.6 The target setting process shall involve the drawing up of targets in each policy area set out in the EBP

14. GENERAL

14.1 EFF retains the right at our sole discretion to waive any of these contractual terms for a limited period. However, any term waivered shall remain effective upon the expiry of such a limited period.

14.2 If any of these terms or any provisions of the Membership 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.

14.3 We reserve the right to assign or otherwise transfer our rights or obligations under this agreement.
14.4 You cannot transfer or assign your membership.

14.5 We accept no responsibility for disputes between you and any individual or organisation. The dispute must be resolved between the parties concerned.

14.6 We cannot be held responsible for any issues incurred due to a technical failure or losses arising from misrepresentation of communications.

14.7 Nothing in this contract will affect your statutory rights.

14.8 The laws of England shall govern this agreement and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.