Terms and Conditions

This website is operated by The Institute of Residential Property Management (incorporated by The Property Institute). 

Contracts formed between The Institute of Residential Property Management and you as a result of using this site shall be governed in all respects by English law and you hereby submit to the non-exclusive jurisdiction of the English courts.

WEBSITE TERMS AND CONDITIONS OF USE

IMPORTANT LEGAL NOTICE

ATTENTION: These Terms of Use (together with our Privacy Notice and any other documents referred to within it) apply to the entire contents of this Site and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Site.

Using this Site indicates that you accept these Terms of Use in full regardless of whether or not you choose to register with the Site. If you do not accept these terms, do not use this Site.

This notice is issued by The Institute of Residential Property Management Limited.

  1. Definitions and Interpretations
    • The following words and expressions have the following meanings unless inconsistent with the context:

“Commercial Gain”

includes, without limitation, using our Site as part of advertising which may result in revenue generation or personal gain, selling goods to a third party and copying, reproducing, distributing, publishing, transferring, licensing, selling, commercially exploiting or duplicating any element of our Site whatsoever;

“Site”

www.irpm.org.uk;

“we” “us” or “our”

The Institute of Residential Property Management Limited, a company registered in England and Wales with company number 06207464 whose registered office is at 20 Eversely Road, Bexhill-On-Sea, East Sussex, TN40 1HE and who may be contacted at info@irpm.org.uk;

“Virus”

any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices; and

“you” “your”

an individual company or firm accessing our Site.

  • References to any statute or statutory provision include, unless the context otherwise requires, a reference to the statute or statutory provision as modified or re-enacted and in force from time to time and any subordinate legislation made from time to time under the relevant statute or statutory provision.
  • References to “persons” include natural persons, firms, partnerships, companies, corporations, associations and organisations, (in each case whether or not having separate legal personality).
  • Use of any gender includes the other genders.
  • Words in the singular include the plural and words in the plural include the singular.
  • Any reference to "writing" or any cognate expression includes communications by post and email but excludes facsimile and text messages.
  • The headings to Conditions do not affect the interpretation of these Conditions.
  • Any phrase introduced by the term "include", "including", "in particular" or any similar expression will be construed as illustrative and will not limit the sense of the words preceding that term.
  1. Introduction
    • You may access most areas of our Site without registering your details with us. Some parts of our Site may require you to provide certain details in order to function.
    • By accessing any part of our Site, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Site immediately.
    • We may revise this legal notice at any time by updating this posting. You should check this Site from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages of our Site.
    • You are responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Use and our Privacy Policy and that they comply with them.
    • Unless specified otherwise, the materials on this Site are directed solely at those who access the Site from within the United Kingdom. We make no representation that any information, products or services referred to on this Site are appropriate for use, or available, in other locations or languages. If you choose to access our Site from locations outside of the United Kingdom, you are responsible for ensuring compliance with local laws if and to the extent that they are applicable.
  2. Licence
    • Subject to Condition 3.5, you are permitted to print and download extracts from this Site for your own personal use on the following basis:
      • no documents or related graphics on this Site are modified in any way;
      • no graphics on this Site are used separately from accompanying text; and
      • our copyright, trademark notices and this permission notice appear in all copies.
    • Unless otherwise stated, the copyright and other intellectual property rights in all material on this Site (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of this legal notice, any use of extracts from our Site, other than in accordance with Condition 3.1 above, for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Site will automatically terminate and you must immediately destroy any downloaded or printed extracts from our Site.
    • Subject to Condition 3.1, no part of this Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
    • Any rights not expressly granted in this legal notice are reserved.
    • You must not visit or use this Site for the purposes of Commercial Gain.
  3. Usage Terms
    • You may only use this Site for the intended, lawful purposes and not in any way which is offensive, defamatory, discriminatory, intended to deceive other users, promote any illegal activity or otherwise not an intended use. We maintain sole discretion as to the intended purpose of the Site.
    • In relation to the Site and the use of any features provided through the Site:
      • you are responsible for configuring your own information technology, computer programmes and hardware in order to access the Site and any features of the Site and should use your own virus protection software;
      • you shall not access, store, distribute or transmit any Viruses, or any material during the course of your use of the Site that:
        • is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
        • facilitates illegal activity;
        • depicts sexually explicit images;
        • promotes unlawful violence;
        • is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability;
        • is otherwise illegal or causes damage or injury to any person or property; or
        • may cause, or be likely to cause, any damage to or have an adverse impact on, our reputation, intellectual property or goodwill.
      • When making use of certain features on the Site, including where you are contributing or uploading any content to the Site, applying for membership, booking attendance at events, exams or courses or participating in online training, you must comply with these Terms of Use and the relevant terms and conditions which relate to that element of the Site and which will be notified to you as part of your use of such features.
      • You warrant that any such contribution does comply with the terms and conditions referred to in Condition 4.3, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
      • Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the applicable terms and conditions which will be notified to you as part of your use of the relevant element of our Site.
      • We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
      • We have the right to remove any posting you make on or upload to our Site if, in our opinion, your post does not comply with the content standards set out in Condition 4.2 or which we set out elsewhere in relation to all or part of our Site or the features of our Site.
      • You are solely responsible for securing and backing up your content.
  1. Service Access
    • Whilst we endeavour to ensure that our Site is normally available 24 hours a day, we shall not be liable if for any reason the Site is unavailable at any time or for any period.
    • Access to our Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
  2. Security and Account Details
    • If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
    • We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
    • If you know or suspect that anyone other than you knows your user identification code or password or that there has been any unauthorised use or access to our Site, you must promptly notify us at info@irpm.org.uk or on 0203 319 7575.
  3. Links to and from other Websites
    • Any links to third-party websites on this Site are provided solely for your convenience. If you use any links, you leave this Site. We may not have reviewed any such third party websites and will not control or be responsible for such websites or their content or availability. We, therefore, do not endorse or make any representations about any links provided to third party websites, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites which may be linked to this Site, you do so entirely at your own risk.
    • You may link to the home page of this Site with our prior written permission and so long as it is in a manner which is fair and legal, and neither takes advantage of nor damages our reputation. We reserve the right to withdraw this permission at any time.
    • All authorised links must be to the homepage of this Site and make it clear that this Site and its content are distinct from the website containing the link.
    • Our Site must not be framed on any other Site, nor may you link to any page other than the home page without our express permission.
  4. Information contained on the Site
    • While we endeavour to ensure that the information on this Site is correct, we do not warrant the accuracy and completeness of the material on this Site. We may make changes to the material on this Site or described in it, at any time without notice. The material on this Site may be out of date, and we make no commitment to update such material.
    • The material on this Site is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Site on the basis that we exclude all representations, warranties and conditions and other terms (including without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Site.
    • All information which is contained in the news section of this Site does not represent our views but those of the named author only.
  5. Liability
    • We, any other party (whether or not involved in creating, producing, maintaining or delivering this Site) and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Site in any way or in connection with the use, inability to use or the results of use of this Site, any websites linked to thisSite or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Site or your downloading of any material from this Site or any websites linked to this Site.
    • Nothing in this legal notice shall exclude or limit our liability for:
      • death or personal injury caused by our negligence; or
      • fraudulent misrepresentation; or
      • any liability which cannot be excluded or limited under applicable law, including without limitation all relevant consumer law.
    • If your use of material on this Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
  6. Governing Law and Jurisdiction
    • This legal notice and any dispute or claim arising out of or in connection with it or its subject matter will be governed by and construed in accordance with the laws of England and Wales.
    • The parties irrevocably agree that the courts of England will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this legal notice or its subject matter.

The Site is operated by:

The Institute of Residential Property Management Limited whose registered office is at 20 Eversely Road, Bexhill-On-Sea, East Sussex, TN40 1HE

Registered Company Number: 06207464

VAT Number: 333696481

Please click here to download the website terms of use in pdf format

Privacy Policy


THE INSTITUTE OF RESIDENTIAL PROPERTY MANAGEMENT LIMITED:

The Institute of Residential Property Management Limited recognises that data protection is the cornerstone of its operations and is committed to processing information about individuals in ways that comply with its obligations under the General Data Protection Regulation (as retained from the EU law version)(“GDPR”) and the Data Protection Act 2018 (“DPA”). 

As a membership organisation, it is necessary for us to process information relating to individuals, including our individual members.  Whenever we process the personal data of individuals, we will ensure that we are clear with those individuals about what we do (or may do) with their information.   

This privacy policy explains what personal data (or “information”) we hold about individuals and contains important information on who we are, how and why we collect, store, use and share personal information, individuals’ rights in relation to their personal information and on how to contact us and supervisory authorities in the event you have a complaint.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy which we may provide on specific occasions when we are collecting or processing personal information about you so that you are fully aware of how and why we are using your personal information. This privacy policy supplements other notices and privacy policies and is not intended to override them.

Who we are

The Institute of Residential Property Management Limited collects, uses and is responsible for certain personal information about individuals. When we do so we are regulated under the General Data Protection Regulation (as retained from the EU law version) and the Data Protection Act 2018 and we are responsible as the ‘controller’ of that personal information for the purposes of those laws.

In this privacy policy, references to “we” or “us” mean The Institute of Residential Property Management Limited.

We are a company registered in England and Wales with company number 6207464 and the registered address 20 Eversley Road, Bexhill-on-Sea, East Sussex TN40 1HE.

We operate the websites www.irpm.org.uk and www.irpmlearninghub.org.uk

We have a compliance officer who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise Your rights, please contact the compliance officer using the details set out below.

Contacting our compliance officer

If you have any questions about this privacy policy or our privacy practices, please contact our compliance officer in the following ways:

  • By post: The Institute of Residential Property Management Limited, 71 Gloucester Place, London W1U 8JW
  • By email: data@irpm.org.uk

You have the right to make a complaint at any time (please see How to complain) to the Information Commissioner’s Office (“ICO”), the UK supervisory authority for data protection issues. We would however appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

DATA PROTECTION PRINCIPLES

We will comply with the data protection principles set down by the GDPR when gathering and using personal information.

The personal information we collect and use

In the performance of our role, we collect and process information relating to individuals.

The information we collect (and how we handle that information) differs depending on who the individual is, and why we are collecting their information.

Our services and website(s) are not intended for children and we do not knowingly collect any personal information relating to children.

THE PERSONAL INFORMATION WE COLLECT AND USE RELATING TO OUR MEMBERS

The IRPM will collect and use personal information relating to its members.  Members in this context includes all levels of hierarchy of membership, and those undertaking professional qualification via our training programmes and apprenticeships.  It also includes any applicants for membership and/or training and apprenticeships.

Our collection and use of this information is necessary for us to meet our key objectives, which include:

  • Raising standards in the residential property management sector
  • Providing individuals with independent accreditation of their professional skills
  • Providing a career development path for individuals
  • Aiding in the process of recruiting new entrants to the sector
  • Assisting practitioners in assessing job applicant capabilities
  • Providing opportunities for Continuing Professional Development
  • Improving the standing of the sector in the eyes of the public

The information we collect

We may collect the following types of information:

  • Name, date of birth, address(es) – work and home, email address(es), telephone number(s), employer (if provided), and other contact details
  • If provided: other qualifications, experience, number of units managed, how referred to IRPM
  • Financial data, including bank account and payment card details and details of your payments to/from the IRPM for courses, training, exams, events, and other products/services
  • Details of any enquiry you have made, or any report you have submitted to us
  • Exam results, CPD activities, notes of important communications between you and us
  • Profile data relating to your use of our website(s) including usernames and passwords, your interests, preferences, feedback and survey responses
  • Technical data including your internet protocol address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you may use to access the website(s)
  • Marketing and communications data including your preferences in receiving marketing from us and our third parties and your communication preferences
  • Photograph(s), video footage and audio resulting from the recording of Zoom meetings or other video conference services held. Such data is processed on the basis of legitimate interest.

In limited circumstances, we may collect limited special category data including details about your race or ethnicity, religion and health. We will only collect this information where you choose to provide it to us, and it will be used only to ensure we are able to make appropriate adjustments for you at events, courses or examinations that you may wish to attend and in an anonymised form as part of our use of aggregated data (please see below for further information).

In addition to receiving information directly from our members, from time to time we also receive information about our members from third parties, for example their employers.

How we collect it

We use different methods to collect information from and about you, including through:

  • Direct interactions: You may give us information by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal information you provide when you:
    • apply for membership
    • apply for or purchase our products or services
    • create an account on our website(s)
    • subscribe to our services or publications
    • request marketing to be sent to you
    • enter a competition, promotion or survey
    • give us feedback or contact us

 

  • Interactions through video conferencing software such as Zoom that is recorded for the purpose of being made available as online resources/materials for our members

 

  • Automated technologies or interactions: As you interact with our website(s), we will automatically collect technical data about your device, browsing actions and patterns. We may collect this information by using cookies, server logs and other similar technologies. Please see our Cookie Policy for further details.

 

  • Third parties or publicly available sources: We will receive personal information about you from various third parties and public sources as set out below:
    • technical information from analytics providers such as Google, based outside the UK and outside the EU
    • contact details, financial and transactional data from providers of technical, payment and delivery services such as:
      • DotDigital based outside the UK and outside the EU
      • EventBrite based outside the UK and outside the EU
      • SurveyMonkey based outside the UK and outside the EU
      • Moodle based outside the UK and outside the EU
    • information from your employer or former employer relating to your employment status, qualifications and experience
    • information relating to your identity and contact details from publicly available sources such as Companies House and the Electoral Register based in the UK.

Why we collect it

The collection of this information is required from our members so that we can:

  • Provide our members with services they expect to receive from us, including newsletters, technical updates, details of our training and events
  • Improve and develop our services and performance as an organisation
  • Develop and provide products and services, including training and events
  • Meet our regulatory obligations. 

Who we share it with

From time to time, we may share your personal information with the following categories of recipients:

  • Communication platforms and services
  • Survey platforms and services
  • IT and software support
  • Financial services, including Accountants
  • Member's employer (where the employer is paying the Member's fees and the Member is linked to the employer's account) in connection with the payment of the Member's membership or services fees, or to pass on details of a Member's CPD history, exam results, training attendances or details of a Member's membership status
  • In relation to recordings of video conference calls that have taken place, these will be made available online to other Members.

Some of those third party recipients may be based outside the United Kingdom — for further information including on how we safeguard your personal data when this occurs, see ‘Transfer of your information out of the UK’.

We will also use limited personal information (including your full name, employer, the city or location in which you are employed and your membership level) as part of our publicly accessible directory of Members. The directory can be accessed through our website(s).  If you are a member and do not wish to be listed in the directory, please contact us.

We will share personal information with law enforcement or other authorities if required by applicable law.

We will not share your personal information with any other third party.

Where your personal information may be held

Information may be held at our offices, and third party agencies, service providers, representatives and agents as described above.

We have security measures in place to seek to ensure that there is appropriate security for information we hold. 

How long your personal information will be kept

We will retain your personal information for no longer than is reasonably necessary for the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. 

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

Details of retention periods for different aspects of your personal data are available on request from us by contacting us.

Our lawful basis

We will only use your personal information when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Our use of your personal data is necessary for us to carry out a contract that we have with you, as our member.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal obligation

Generally, we do not rely on consent as a lawful basis for processing your personal information but there are certain circumstances where we will seek your consent to the processing of your personal information, such as where we carry out direct marketing activities.

We have set out below, in a table format, a description of the ways we plan to use your personal information and which lawful bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal information for more than one lawful basis depending on the specific purpose for which we are using your information. Please contact us if you need details about the specific lawful basis we are relying on to process your personal information where more than one ground has been set out in the table below.

Purpose/Activity

Lawful basis for processing including basis of legitimate interest

To register you as a new Member

(a) Performance of a contract with you

To manage your membership, including processing and delivering our services to you including:

(a) providing you with the services and benefits associated with your membership;

(b) managing payments, fees and charges;

(c) collecting and recovering money owed to us;

(d) maintaining membership records

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you which may include:

(a) notifying you about changes to our terms or privacy policy or our terms and conditions;

(b) asking you to leave a review, provide information or take a survey;

(c) communication with you regarding product and/or service improvements

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how Members use our products/services)

(d) Consent (prior to sending any marketing materials to you by email or text message)

To include your details as a Member within our online Member Directory

Necessary for our legitimate interests (to provide a searchable database of Members for use by other Members, other organisations and members of the public in order to promote and support the IRPM and our Members)

To administer and protect our business and websites (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) 

Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

 

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

To maintain records as part of the administration of our business

(a) Necessary for our legitimate interests (to maintain records of business activity in order to respond to questions, complaints and claims and to protect our business and for accounting purposes)

(b) Necessary to comply with a legal obligation (in relation to records kept for tax purposes)

 

 

THE PERSONAL INFORMATION WE COLLECT AND USE RELATING TO ATTENDEES AT OUR EVENTS AND PARTICIPANTS IN EXAMINATIONS OR COURSES

The IRPM will collect personal information from individuals who attend IRPM hosted events, including our annual seminar and regional roadshows.

The information we collect

We may collect the following types of information:

  • Name, address, email address, telephone number(s) and other contact details
  • Your company’s name, your position in the company, the company’s address and your company email address and telephone number
  • Information required to provide you with a service and details of our services that you have used (for example, attendance at our event)
  • Details of other qualifications, experience, number of units managed, how referred to IRPM
  • Financial data, including bank account and payment card details and details of your payments to/from the IRPM for courses, training, exams, events, and other products/services
  • Details of any enquiry you have made, or any report you have submitted to us
  • Exam or course entries, results, CPD activities, notes of important communications between you and us
  • Profile data relating to your use of parts of our website(s) relating to virtual events, courses and examinations including usernames and passwords, preferences, feedback and survey responses
  • Technical data including your internet protocol address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you may use to access the website(s)
  • Marketing and communications data including your preferences in receiving marketing from us and our third parties and your communication preferences
  • Photograph(s), video footage and audio resulting from the recording of Zoom meetings or other video conference services held. Such data is processed on the basis of legitimate interest.

In limited circumstances, we may collect limited special category data including details about your race or ethnicity, religion and health. We will only collect this information where you choose to provide it to us, and it will be used only to ensure we are able to make appropriate adjustments for you at events, courses or examinations that you may wish to attend and in an anonymised form as part of our use of aggregated data (please see below for further information).

How we collect it

We use different methods to collect information from and about you, including through:

  • Direct interactions: You may give us information by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal information you provide when you:
    • book attendance at an event, course or examination
    • attend or participate in an event, course or examination
    • apply for or purchase our products or services
    • subscribe to our services or publications
    • request marketing to be sent to you
    • enter a competition, promotion or survey
    • give us feedback or contact us

 

  • Interactions through video conferencing software such as Zoom that is recorded for the purpose of being made available as online resources/materials for our members

 

  • Automated technologies or interactions: If you interact with our website(s) as part of booking or attending any event, course or examination, we will automatically collect technical data about your device, browsing actions and patterns. We may collect this information by using cookies, server logs and other similar technologies. Please see our Cookie Policy for further details.

 

  • Third parties or publicly available sources: We will receive personal information about you from various third parties and public sources as set out below:
    • technical information from analytics providers such as Google, based outside the UK and outside the EU
    • contact details, financial and transactional data from providers of technical, payment and delivery services such as
      • DotDigital based outside the UK and outside the EU
      • EventBrite based outside the UK and outside the EU
      • SurveyMonkey based outside the UK and outside the EU
      • Moodle based outside the UK and outside the EU
    • information from your employer or former employer relating to your employment status, qualifications and experience
    • information relating to your identity and contact details from publicly available sources such as Companies House and the Electoral Register based in the UK.

Why we collect it

The collection of this information is required so that we can host the events, courses and examinations, and it helps us to:

  • Provide the events, courses and examinations
  • Improve and develop our services and performance
  • Develop and provide products and services, either on our own or in conjunction with third parties
  • Meet our regulatory obligations

We also collect personal information about individuals from their company directly.

Who we share it with

From time to time, the IRPM may share your personal information with the following categories of recipients:

  • Website and IT support
  • Marketing platforms and services
  • Survey platforms and services
  • Event sponsors
  • Third parties responsible for providing services at our events
  • Providers of training courses or examinations, including independent examination moderators
  • Member's employer (where the employer is paying the Member's fees and the Member is linked to the employer's account) in connection with the payment of the Member's membership or services fees, or to pass on details of a Member's CPD history, exam results, training attendances or details of a Member's membership status

Some of those third party recipients may be based outside the United Kingdom — for further information including on how we safeguard your personal data when this occurs, see ‘Transfer of your information out of the UK.

We will share personal information with law enforcement or other authorities if required by applicable law.

We will not share your personal information with any other third party.

Where your personal information may be held

Information may be held at our offices, and third party agencies, service providers, representatives and agents as described above.

We have security measures in place to seek to ensure that there is appropriate security for information we hold. 

How long your personal information will be kept

We will retain your personal information for no longer than is reasonably necessary for the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. 

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

Details of retention periods for different aspects of your personal data are available on request from us by contacting us.

Our lawful basis

We will only use your personal information when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Our use of your personal data is necessary for us to carry out a contract that we have with you, as an attendee or participant in an event, course or examination.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal obligation

It is necessary for us to process personal information so that we can host our events.  Our processing activities are a targeted and proportionate way of achieving this.  Attendees reasonably expect that we will process their personal information in this manner.

Generally, we do not rely on consent as a lawful basis for processing your personal information but there are certain circumstances where we will seek your consent to the processing of your personal information, such as where we carry out direct marketing activities.

We have set out below, in a table format, a description of the ways we plan to use your personal information and which lawful bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal information for more than one lawful basis depending on the specific purpose for which we are using your information. Please contact us if you need details about the specific lawful basis we are relying on to process your personal information where more than one ground has been set out in the table below.

Purpose/Activity

Lawful basis for processing including basis of legitimate interest

To register you an attendee or delegate for an event, course or examination

(a) Performance of a contract with you

To manage your participation in any event, course or examination, including processing and delivering our services to you including:

(a) providing the event, course or examination you are attending;

(b) managing payments, fees and charges;

(c) collecting and recovering money owed to us;

(d) maintaining records of attendees and delegates at an event, course or examination;

(e) assessing your input, responses or examination answers and providing you with feedback or certification decisions

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you which may include:

(a) notifying you about changes to our terms or privacy policy or our terms and conditions;

(b) asking you to leave a review, provide information or take a survey;

(c) communication with you regarding improvements to events, courses, examinations or other services we may provide

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers, attendees and delegates use our products/services)

(d) Consent (prior to sending any marketing materials to you by email or text message)

To administer and protect our business and websites (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) 

Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

 

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

Necessary for our legitimate interests (to define types of customers for our products and services (including events, courses and examinations), to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

To maintain records as part of the administration of our business

(a) Necessary for our legitimate interests (to maintain records of business activity in order to respond to questions, complaints and claims and to protect our business and for accounting purposes)

(b) Necessary to comply with a legal obligation (in relation to records kept for tax purposes)

THE PERSONAL INFORMATION WE COLLECT AND USE RELATING TO THIRD PARTIES

The IRPM will collect personal information from third parties, including members of the general public who contact us.

The information we collect

We may collect the following types of information:

  • Name, address, email address, telephone number(s) and other contact details
  • Your company’s name, your position in the company, the company’s address and your company email address and telephone number
  • Details of any enquiry you have made to the IRPM (for example, complaints raised)
  • Photograph(s), video footage and audio resulting from the recording of Zoom meetings or other video conference services held. Such data is processed on the basis of legitimate interest.

How we collect it

We use different methods to collect information from and about you, including through:

  • Direct interactions: You may give us information by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal information you provide when you:
    • apply for a job or contact another company through our jobs pages
    • agree to provide us with any products or services
    • apply for or purchase our products or services
    • create an account on our website(s)
    • subscribe to our services or publications
    • request marketing to be sent to you
    • enter a competition, promotion or survey
    • give us feedback or contact us

 

  • Automated technologies or interactions: As you interact with our website(s), we will automatically collect technical data about your device, browsing actions and patterns. We may collect this information by using cookies, server logs and other similar technologies. Please see our Cookie Policy for further details.

 

  • Interactions through video conferencing software such as Zoom that is recorded for the purpose of being made available as online resources/materials for our members

 

  • Third parties or publicly available sources: We will receive personal information about you from various third parties and public sources as set out below:
    • technical information from analytics providers such as Google, based outside the UK and outside EU
    • contact details, financial and transactional data from providers of technical, payment and delivery services such as
      • DotDigital based outside the UK and outside the EU
      • EventBrite based outside the UK and outside the EU
      • SurveyMonkey based outside the UK and outside the EU
      • Moodle based outside the UK and outside the EU
    • information from your employer or former employer relating to your employment status, qualifications and experience
    • information relating to your identity and contact details from publicly available sources such as Companies House and the Electoral Register based in the UK.

Why we collect it

The collection of this information helps us to:

  • Provide our members with services they expect to receive from us
  • Improve and develop our services and performance
  • Meet our key objectives
  • Meet our regulatory obligations

Who we share it with

From time to time, we may share your personal information with the following categories of recipients:

  • Website and IT support
  • Companies who are advertising jobs which you have applied for through our website(s)
  • Marketing platforms and services
  • Survey platforms and services

We will share personal information with law enforcement or other authorities if required by applicable law.

We will not share your personal information with any other third party.

Where your personal information may be held

Information may be held at our offices, and third party agencies, service providers, representatives and agents as described above.

We have security measures in place to seek to ensure that there is appropriate security for information we hold. 

How long your personal information will be kept

We will retain your personal information for no longer than is reasonably necessary for the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. 

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

Details of retention periods for different aspects of your personal data are available on request from us by contacting us.

Our lawful basis

We will only use your personal information when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Our use of your personal data is necessary for us to carry out a contract that we have with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal obligation

It is necessary for us to process the personal information we have described so that we can perform our role as a member organisation.  Our processing activities are a targeted and proportionate way of achieving this. 

Generally, we do not rely on consent as a lawful basis for processing your personal information but there are certain circumstances where we will seek your consent to the processing of your personal information, such as where we carry out direct marketing activities.

We have set out below, in a table format, a description of the ways we plan to use your personal information and which lawful bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal information for more than one lawful basis depending on the specific purpose for which we are using your information. Please contact us if you need details about the specific lawful basis we are relying on to process your personal information where more than one ground has been set out in the table below.

Purpose/Activity

Lawful basis for processing including basis of legitimate interest

To create an account for you on our website

Performance of a contract with you

To respond to any communication we receive from you

Necessary for our legitimate interests (to engage with you or provide you with information relevant to your communication)

To provide you with goods or services that you may have requested, including:

(a) providing you with the services and benefits you may have requested;

(b) managing payments, fees and charges;

(c) collecting and recovering money owed to us;

(d) maintaining records of services provided to you

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

(c) Necessary to comply with a legal obligation (in relation to records kept for tax purposes)

To manage our relationship with you which may include:

(a) notifying you about changes to our terms or privacy policy or our terms and conditions;

(b) asking you to leave a review, provide information or take a survey;

(c) communication with you regarding product and/or service improvements

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how our products/services are used)

(d) Consent (prior to sending any marketing materials to you by email or text message)

To transfer a job application you have submitted through our website to the relevant prospective employers

(a)   Performance of a contract with you or with a prospective employer you are applying to

(b)   Necessary for our legitimate interests (to comply with our obligations to a prospective employer you have applied to)

To receive, or to arrange to receive, any goods or services that you have agreed to provide to us, including:

(a)   Obtaining the benefit of the goods or services;

(b)   Managing payments, fees and charges;

(c)   Maintaining records of services provided by you;

(d)   Comparing the goods or services that you provide with those of other providers

 

(a)   Performance of a contract with you

(b)   Necessary for our legitimate interests (to manage payments to you, to maintain details of our transactions for analysis and to protect our business and for accounting purposes, to determine whether to obtain further goods or services and whether to do so from you)

(c)   Necessary to comply with a legal obligation (in relation to records kept for tax purposes)

To facilitate and administer any competition, promotion or prize draw, including:

(a)   to record your entry into any competition, promotion or prize draw;

(b)   to provide you with the benefit or result of any competition, promotion or prize draw;

(c)   to monitor entries or use of any competition, promotion or prize draw, including to intervene in circumstances of misuse;

(d)   to undertake marketing or advertising in relation to the results of any competition, promotion or prize draw;

(e)   to maintain records in relation to a competition, promotion or prize draw

 

(a)   Performance of a contract with you

(b)   Necessary for our legitimate interests (managing a competition, promotion or prize draw, undertaking advertising or marketing of the result of a competition, promotion or prize draw as part of our marketing strategy)

(c)   Necessary to comply with a legal obligation (in relation to records kept for tax purposes or to demonstrate that the competition, promotion or prize draw has been carried out in accordance with the relevant legal requirements) 

To administer and protect our business and websites (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) 

Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

 

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

To maintain records as part of the administration of our business

(a) Necessary for our legitimate interests (to maintain records of business activity in order to respond to questions, complaints and claims and to protect our business and for accounting purposes)

(b) Necessary to comply with a legal obligation (in relation to records kept for tax purposes)

 

FURTHER INFORMATION ABOUT HOW WE MAY USE YOUR PERSONAL INFORMATION

Direct marketing

We strive to provide you with choices regarding certain uses of your personal information, particularly around marketing and advertising.

We may use your information to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.

You will receive marketing communications from us if:

  • you have requested information from us or purchased products or services from us and you have not opted out of receiving that marketing; or
  • you have expressly consented to receiving marketing from us.

We will obtain your express opt-in consent before we share your personal data with any third party for marketing purposes.

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at data@irpm.org.uk at any time.

Where you opt out of receiving marketing messages, this will not apply to information provided to us as a result of a purchase of products or services, membership or other transactions.

If you fail to provide information

Where we need to collect information by law, or under the terms of a contract we have with you, and you fail to provide that information when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

Aggregated information

We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data could be derived from your personal information but is not considered personal information in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your personal information to calculate the percentage of users accessing a specific website feature. However, if we combine or connect personal information so that it can directly or indirectly identify you, we treat the combined information as personal data which will be used in accordance with this privacy policy.

Links to third party websites

Our website(s) may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for any privacy statements on such. When you leave our website(s), we encourage you to read the privacy policy of every website you visit.

Transfer of your information out of the UK

We may transfer your personal information to the following locations outside the UK:

  • countries within the European Economic Area
  • United States of America

The IRPM is satisfied that any transfer of your personal data to platforms outside of the UK has adequate levels of data protection for your personal data, through one of the following safeguards:

  • we will only transfer personal information to countries that have been deemed to provide an adequate level of protection for personal data by the Information Commissioner’s Office including those countries in the European Union
  • where we use certain service providers, we may use specific contracts approved by the Information Commissioner’s Office which give personal data the same protection it has in the UK.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.

Your rights

Under the GDPR and DPA you have a number of important rights free of charge.

In summary, those include rights to:

  • fair processing of information and transparency over how we use your use personal information
  • access to your personal information and to certain other supplementary information that this Privacy Notice is already designed to address
  • require us to correct any mistakes in your information which we hold. Our members are encouraged and invited to log into their online account and amend their contact information and update it where necessary.
  • require the erasure of personal information concerning you in certain situations
  • receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations
  • object at any time to processing of personal information concerning you for direct marketing
  • object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
  • object in certain other situations to our continued processing of your personal information
  • otherwise restrict our processing of your personal information in certain circumstances
  • claim compensation for damages caused by our breach of any data protection laws

For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals rights under the General Data Protection Regulation.

If you have any questions about this privacy policy, including a request to exercise any of your rights, please:

  • Email us at data@irpm.org.uk
  • let us have enough information to identify you (for example your full name and email address)
  • let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill), and
  • let us know the information to which your request relates, including any membership number or reference number, if you have them

We try to respond to all legitimate requests within one month. Occasionally, it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Keeping your personal information secure

We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

How to complain

We hope that we can resolve any query or concern you raise about our use of your information.

The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns/or telephone: 0303 123 1113.

Changes to this privacy notice

This privacy notice was first published on 25 May 2018 and last updated on 8th July 2021.

We may change this privacy notice from time to time, and when we do we will inform you.

 

 

COOKIE POLICY

Our Site (www.irpm.org.uk) 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 continuing to browse the Site, you are agreeing to our use of cookies.)

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. Many Sites do this whenever a visitor visits their Site in order to track traffic flows. Cookies in themselves do not identify the individual user, just the computer used.

When you enter our Site for the first time and where we wish to issue your computer with a cookie, you will be asked to consent to such use. If you wish to reject our cookie, you can decline our request, in which case you may not be able to use the Site or some parts of it. Additionally, you can configure your browser to do so, or you can ask your internet browser to alert you when a cookie is being set up.

We may use the following types of cookies:

  • Strictly necessary cookies. These are cookies that are required for the operation of our Site. They include, for example, cookies that enable you to log into secure areas of our Site, use a shopping cart or make use of e-billing services.
  • Analytical or performance cookies. These allow us to recognise and count the number of visitors and to see how visitors move around our Site when they are using it. This helps us to improve the way our Site works, for example, by ensuring that users are finding what they are looking for easily.
  • Functionality cookies. These are used to recognise you when you return to our Site. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, choices you may make in relation to your profile).
  • Targeting cookies. These cookies record your visit to our Site, the pages you have visited and the links you have followed. We will use this information to make our Site and the advertising displayed on it more relevant to your interests, as well as to display advertising related to our Site and our products on other Sites such as Facebook. This may include cookies placed through our use of third parties, such as Facebook and the use of a Facebook pixel, and we may also share this information with third parties for this purpose.

You can find more information about the individual cookies we use and the purposes for which we use them in the table below:

Cookie Name

Purpose

yourAuthCookie

This cookie is necessary for the functioning of the website and is used for authentication purposes when accessing certain parts of the website.

_RequestVerificationToken

This cookie is necessary for the functioning of the website and is used for authentication purposes when accessing certain parts of the website..

AllowCookies

This cookie is necessary for the functioning of the website.

ASP.NET_SessionId

This cookie is necessary for the functioning of the website.

 

Some cookies are used whilst you are on our website and last the duration of the session. Others will remain until you clear them from your browser.

Third party cookies

Please note that the following third parties may also use cookies over which we have no control and for which we cannot accept any responsibility. These named third parties may include, for example, advertising networks and providers of external services like web traffic analysis services. These cookies are likely to be analytical/performance cookies or targeting cookies:

  • Google Analytics
  • Umbraco Content Management System

To deactivate the use of third party advertising cookies, you may visit our cookies management page.

Blocking Cookies

You are able to 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.

Information on how to block cookies can usually be found within the “Help” feature of your browser. Information can also be found on the main browser Sites.

Please click here to download our Cookies Policy.

 

Membership

SECTION B – MEMBERSHIP

SPECIFIC TERMS

  1. DEFINITIONS AND INTERPRETATION
    • In this Section B the following words and expressions have the following meanings unless inconsistent with the context:

“Application Fee”

the fee payable to TPI in connection with any application to become a Member as set out in the Contract Details;

“Articles”

the articles of association for TPI for Professional Members and Member Firms (as applicable) as amended and updated by TPI from time to time as notified to the Member in writing from time to time;

“Affiliate Professional Member”

a Professional Member who is granted affiliate membership of TPI in accordance with the relevant Membership Criteria;

“Associate Member Firm”

a Member Firm who is granted associate membership of TPI in accordance with the relevant Membership Criteria;

“Block Management”

means the management of the internal/external common parts of a leasehold or common areas of a freehold development on behalf of a freeholder, superior landlord, residents’ management company, tight to manage company or a court appointed manager;

“Board of Directors”

the officers of TPI appointed in accordance with the Articles;

“Code of Conduct”

the TPI codes of conduct for Professional Members and Member Firms (as applicable) as amended and updated by TPI from time to time;

“Enhanced Professional Member”

a Professional Member who is granted Associate membership, Member membership or Fellow membership status in accordance with the relevant Membership Criteria;

“Member”

means collectively Professional Members and Member Firms;

“Member Firm”

any person who is granted membership of TPI where that person is a firm, partnership, company, corporation, association, organisation or other legal entity that is not an individual or natural person;

“Membership Criteria”

the criteria set by the Board of Directors for membership of TPI (as amended and updated by TPI from time to time), including the criteria for becoming a Professional Member or a Member Firm, and the criteria for a Member being granted the following status (in each case as applicable to Professional Members or Member Firms):

(a)             an Enhanced Professional Member;

(b)            an Associate Member Firm;

(c)             a Network Member Firm; and

(d)            a Partner Member Firm.

“Misconduct Procedure”

the procedure for governing any misconduct of a Professional Member and/or a Member Firm (as applicable) as amended and updated by TPI from time to time;

“Network Member Firms”

a Member Firm who is granted network member firm status of TPI in accordance with the relevant Membership Criteria;

“Partner Member Firms”

a Member Firm who is granted partner member firm status of TPI in accordance with the relevant Membership Criteria;

“Professional Members”

any person who is granted membership of TPI where that person is an individual or natural person;

“Qualifying Professional Development”

training and professional development which TPI determines to demonstrate a Professional Member’s ongoing expertise and experience;

“Renewal Period”

the period during which a Member can renew their membership by paying the Subscription Fee as notified to Members by TPI from time to time;

“Standards”

the ARMA Consumer Charter and Standards published by TPI and provided to Member Firms, as updated by TPI from time to time;

“Subscription Fee”

the annual fee payable to TPI by a Professional Member and/or a Member Firm in respect of it’s membership of TPI as set out in the Contract Details and as notified to each Member by TPI from time to time;

“TPI Branding”

any logo, post-nominal or other identifier of TPI which a Member is permitted to use or identify with by TPI in accordance with these Conditions and the TPI Usage Guide;

“TPI Usage Guide”

the guidelines issued by TPI on the use of the TPI Branding, as amended and updated by TPI from time to time.

  1. MEMBERSHIP CONDITONS FOR PROFESSIONAL MEMBERS

This Condition 2 of Section B shall apply to the Customer only to the extent it is, applies and/or becomes, a Professional Member and a reference to “Professional Member” shall (unless the context requires otherwise) be a reference to the Customer as a Professional Member.

  • Where the Customer applies to become a Professional Member, TPI shall determine at its sole discretion whether the Customer, or the person that the Customer is applying on behalf of, shall be permitted to become a Professional Member.
  • In applying to become a Professional Member, the Customer warrants that:
    • it has read and accepts the Code of Conduct and the Articles;
    • it has consented to TPI contacting any employer or former employer, trade or professional organisation, or accreditation, qualification or assessment body in order to determine the Customer’s suitability to become a Professional Member or to confirm the validity of any qualification or accreditation held by the Customer;
    • it has consented to TPI providing information to the Customer’s employer regarding the Customer’s membership status, participation and, where applicable, performance in courses, examinations, accreditations or events, and Qualifying Professional Development undertaken by the Customer;
    • all information provided by the Customer to TPI regarding the Customer’s application to become a Professional Member is complete, accurate and up to date;
    • it is not aware of any circumstances in relation to its application to become a Professional Member which TPI reasonably believes may bring TPI into disrepute or otherwise have a detrimental impact on TPI’s reputation, standing, Intellectual Property Rights and goodwill;
    • it is not Insolvent;
    • it has not been the subject of any Misconduct Procedure or otherwise previously been excluded from being a Professional Member for any reason.
  • Unless otherwise stated by TPI, the Customer shall be an Affiliate Professional Member of TPI. TPI may at its sole discretion deem the Customer suitable to be an Enhanced Professional Member.
  • Notwithstanding any agreement or approval by TPI to the Customer, or the prospective Professional Member that the Customer is applying on behalf of, becoming a Professional Member, the Customer shall not be deemed a Professional Member whilst any Application Fee or Subscription Fee is outstanding and shall not be entitled to do anything to hold themselves out as a Professional Member or otherwise associated or affiliated with TPI in any way.
  • Whilst a Professional Member, the Customer shall, or where the Customer is not the Professional Member shall procure that the Professional Member shall:
    • comply with the Code of Conducts and the Articles;
    • maintain all necessary qualifications, approvals, accreditations or other requirements specified by TPI, including the applicable Membership Criteria;
    • promptly provide any information or documentation requested by TPI, whether to document compliance with the Membership Criteria or otherwise;
    • use reasonable endeavours to promote the aims and objectives of TPI;
    • not use TPI’s address in any advertisement or for any other business purpose;
    • in relation to the TPI Branding, comply with the TPI Usage Guide;
    • not do, or omit to do, anything which TPI reasonably believes may bring TPI into disrepute or otherwise have a detrimental impact on TPI’s reputation, standing, Intellectual Property Rights or goodwill;
    • immediately notify TPI of any criminal conviction it receives, other than convictions for motoring offences which do not attract a custodial sentence (whether suspended or otherwise); and
    • undertake, and record in the manner specified by TPI from time to time, a minimum of 15 hours of Qualifying Professional Development in each calendar year.
  • Where a Professional Member fails to comply with the requirements of Condition 2.5 of this Section B, TPI shall be entitled to carry out misconduct proceedings in accordance with Condition 4 of this Section B.
  • TPI shall be entitled to vary a Professional Member’s status at its’ sole discretion, including (but not limited to):
    • promoting an Affiliate Professional Member to an Enhanced Professional Member or an Enhanced Professional Member to an alternate Enhanced Professional Member status on that Professional Member meeting the Membership Criteria for the applicable Enhanced Professional Member status;
    • reducing the status of an Enhanced Professional Member to that of an Affiliate Professional Member or an alternate Enhanced Professional Member status where the Professional Member ceases to meet the Membership Criteria for their current Enhanced Professional Member status; and
    • reducing the status of an Enhanced Professional Member to that of an Affiliate Professional Member or an alternate Enhanced Professional Member status, as a result of any failure to comply with the requirements of Condition 2.5 of this Section B or following any misconduct proceedings in accordance with Condition 4 of this Section B.
  1. MEMBERSHIP CONDITIONS FOR MEMBER FIRMS

This Condition 3 of Section B shall apply to the Customer to the extent it is, applies and/or becomes, a Member Firm and a reference to “Member Firm” shall (unless the context requires otherwise) be a reference to the Customer as a Member Firm.

  • Where the Customer applies to become a Member Firm, TPI shall determine at its sole discretion whether the Customer shall be permitted to become a Member Firm.
  • In applying to become a Member Firm, the Customer warrants that:
    • it has read and accepts the Code of Conduct, the Articles and the Standards;
    • all information provided by the Customer to TPI regarding the Customer’s application to become a Member Firm is complete, accurate and up to date;
    • it is not aware of any circumstances in relation to its application to become a Member Firm which TPI reasonably believes may bring TPI into disrepute or otherwise have a detrimental impact on TPI’s reputation, standing, Intellectual Property Rights and/or goodwill;
    • it is not Insolvent;
    • it has not been the subject of any Misconduct Procedure or otherwise previously been excluded from being a Member Firm for any reason.
  • In assessing the suitability of the Customer for Member Firm membership and/or a Member Firm’s continued appointment thereafter, TPI reserves the right to carry out independent checks, to refer, if appropriate, to agencies, trade or professional bodies such as RICS, IRPM, NLG and so forth, or any background information and to consider this over and above any references required from the Customer’s clients, bankers and solicitors.
  • Notwithstanding any agreement or approval by TPI to the Customer becoming a Member Firm, the Customer shall not be deemed a Member Firm whilst any Application Fee or Subscription Fee is outstanding and shall not be entitled to do anything to hold themselves out as a Member Firm or otherwise associated or affiliated with TPI in any way.
  • Whilst a Member Firm, the Customer shall:
    • comply with the provisions of these Conditions, the Codes of Conduct, the Standards and the Articles;
    • maintain all necessary qualifications, approvals, accreditations or other requirements specified by TPI, including the applicable Membership Criteria;
    • promptly provide any information or documentation requested by TPI, whether to document compliance with the Membership Criteria or otherwise;
    • allow TPI to publish it’s name and principal or head office address;
    • use reasonable endeavours to promote the aims and objectives of TPI;
    • conduct its business in accordance with the highest professional and ethical standards;
    • inform TPI as soon as practicable of any findings made against it amounting to an intent to defraud leaseholders, unfairly prejudicial conduct or fraud, misfeasance or other misconduct of its management;
    • ensure that it maintains at all times a professional indemnity insurance policy with a reputable insurance provider which is appropriate to the size and nature of its business and provide evidence of such policy on appointment as a Member Firm and thereafter, annually on each renewal of such policy;
    • not use TPI’s address in any advertisement or for any other business purpose;
    • in relation to the TPI Branding, comply with the TPI Usage Guide; and
    • not do, or omit to do, anything which TPI reasonably believes may bring TPI into disrepute or otherwise have a detrimental impact on TPI’s reputation, standing, Intellectual Property Rights or goodwill.
  • Where a Member Firm fails to comply with the requirements of Condition 3.5 of this Section B, TPI shall be entitled to carry out misconduct proceedings in accordance with Condition 5 of this Section B.
  • A Member Firm shall not be entitled to share its membership, nor the rights granted under it, with any other legal entity. Where a Member Firm trades under more than one name, unless otherwise agreed by TPI in writing in its absolute discretion, only the Member Firm’s legal name may be held out as the Member Firm and used in connection with the TPI Branding.
  • The Member Firm shall procure that any employee, partner, representative, agent, subsidiary or associated company of that Member Firm shall, to the extent that they are acting on behalf of the Member Firm, comply with the obligations set out in these Conditions.
  • Any Member Firm that meets the criteria for Associate Member Firm status shall be entitled to apply for Associate Member Firm membership, in which event the following shall apply:
    • the granting of Associate Member Firm membership is entirely at the discretion of TPI who may refuse it at any time without appeal;
    • Associate Member Firms shall be granted the rights, and obliged to comply with the obligations, set out in the Membership Criteria to the extent such rights and obligations are stated to apply to Associate Member Firms;
    • an Associate Member Firm’s status as an Associate Member Firm shall automatically be revoked if the Associate Member Firm fails to obtain Member Firm status within 2 years of being granted Associate Member Firm status; and
    • Associate Member Firms shall be entitled to use the Associate TPI Branding in accordance with the terms of usage set out in the relevant TPI Usage Guide.
  • Any Member Firm that meets the criteria for Partner Member Firm status shall be entitled to apply for Partner Member Firm membership, in which event the following shall apply:
    • the granting of Partner Member Firm status is entirely at the discretion of TPI who may refuse, terminate or amend it at any time without appeal;
    • Partner Member Firms shall be granted the rights, and obliged to comply with the obligations, set out in the Membership Criteria to the extent that such rights and obligations are stated to apply to Partner Member Firms; and
    • Partner Member Firms shall be entitled to use Partner TPI Branding in accordance with the terms of usage set out in the relevant TPI Usage Guide.
  • Any Member Firm that meets the criteria for Network Member Firm status shall be entitled to apply for Network Member Firm membership, in which event the following shall apply:
    • the granting of Network Member Firm status is entirely at the discretion of TPI who may refuse, terminate or amend it at any time without appeal;
    • Network Member Firms shall be granted the rights, and obliged to comply with the obligations, set out in the Membership Criteria to the extent that such rights and obligations are stated to apply to Network Member Firms; and
    • Network Member Firms shall be entitled to use Network TPI Branding in accordance with the terms of usage set out in the relevant TPI Usage Guide.
  • All Member Firms and Associate Member Firms shall ensure that it’s head or principal office administering and/or involved in the business of Block Management shall be accessible to the public during normal office hours. Post Office Box addresses or their equivalent are not acceptable. All Member Firms and Associate Member Firms must use and/or provide an alternative full postal address on their printed stationary and their publicity materials suitable for and recognised by the courts for service of notices and other legal proceedings.
  • Where a Member Firm is not regulated by the Royal Institution of Chartered Surveyors or such other body as TPI may prescribe from time to time, such Member Firm:
    • shall provide TPI upon appointment as a Member Firm, and on an annual basis thereafter, with a certificate from their accountant or auditor in the form prescribed from time to time by TPI (provided always that such accountant or auditor is a member of one of the recognised and registered professional accounting bodies and is subject to the control and regulations thereof); or
    • may submit a copy of their RICS Annual Return and a copy of the results of any desk and/or site based reviews in lieu of an accountant or auditor’s report; and

a failure to provide such information shall permit TPI to carry out misconduct proceedings in accordance with Condition 5 of this Section B

  • All Member Firms and Associate Member Firms (and all Partner Member Firms and Network Member Firms in relation to Condition 3.12(a) only) shall inform TPI as soon as practicable where:
    • there is a change in Control;
    • it assumes Control of the business of a Member Firm or Associate Member Firm;
    • it assumes Control of the business of a former Member Firm or Associate Member Firm; and/or
    • it assumes Control of any person in the business of Block Management (whether or not it is their main or principal business; and

TPI shall have the right to conduct an audit of any person or business that has been acquired by a Member Firm or Associate Member Firm where such person or the owners of such business (as applicable) were not Member Firms as at the time of the transfer. Such audits shall be carried out in accordance with TPI’s Guide to Audit as amended from time to time within such timescale as TPI shall determine and the acquiring Member Firm shall bear the cost of audit and any associated expenses.

  1. SUBSCRIPTION FEES
    • The Customer shall pay the Application Fee and the Subscription Fee when applying to become a Member and the Subscription Fee annually during the Renewal Period.
    • The Application Fee is non-refundable, notwithstanding any decision regarding the Customer’s application to become a Member or to make an application for a prospective Member.
    • TPI will confirm the Subscription Fee for each year in writing at the start of each Renewal Period. For the avoidance of doubt, TPI is entitled to vary the Subscription Fee annually at its sole discretion.
    • In relation to Member Firms, TPI reserves the right to collect an additional charge or levy for such purposes as are deemed necessary for the good of TPI and the Member Firm shall be notified of such charge and the reasons thereof at least 28 days before payment is due.
    • The Application Fee, the Subscription Fee and any other fees payable under this Condition 4 of Section B are payable in accordance with Condition 4 of Section A.
  2. MISCONDUCT OF A MEMBER
    • In the event that a Member:
      • fails to comply with these Conditions, including but not limited to Conditions 2.4 and 3.5 (as applicable) of Section B; or
      • is the subject of a complaint from a member of public, an employee or colleague of the Member (if applicable), another Member, the Board of Directors or any employee of TPI,

the Member acknowledges and agrees that TPI shall be entitled to deal with such under the Misconduct Procedure.

  • Any decision made in accordance with the Misconduct Procedure shall be binding on the Member and TPI, including any decision to terminate the Member’s membership or to fine the Member.
  • Any fine issued by TPI under the Misconduct Procedure shall be payable as an Additional Charge in accordance with Condition 4 of Section A.
  • Condition 13 of Section A shall not apply to any dispute between a Member and TPI regarding the conduct of the Member until the process in this Condition 4 of Section B has been exhausted.
  1. TERMINATION OF MEMBERSHIP
    • TPI shall be entitled to terminate a Member’s status as a Member immediately on notice to the Member if:
      • the Member ceases to meet the Membership Criteria;
      • the Member is Insolvent;
      • the Member (if it is a Professional Member) receives any criminal conviction, other than a conviction for motoring offences which does not attract a custodial sentence (whether suspended or otherwise);
      • TPI finds against the Member under the Misconduct Procedure;
      • TPI notifies the Member that it is in breach of these Conditions, the Code of Conduct, the Articles or (if the Member is a Member Firm) the Standards and the Member fails to remedy such breach within 10 Working Days of being notified of such breach in writing by TPI; or
      • the Member does anything which TPI reasonably believes may bring TPI into disrepute or otherwise have a detrimental or prejudicial impact on TPI’s reputation, standing, Intellectual Property Rights or goodwill.
    • TPI shall be entitled to terminate a Member’s status as a Member on 30 days’ written notice.
    • Where a Member does not pay the Subscription Fee when due during the Renewal Period, the Member’s status as a Member shall immediately terminate on expiry of the Renewal Period without any further notice being given to the Member.
    • A Member may terminate its status as a Member at any time by giving written notice to TPI, provided that where there are one or more complaints outstanding against a Member, TPI may at its absolute discretion refuse to accept a Member’s termination until such complaint(s) have been resolved.
    • On termination or expiry of the Member’s status as a Member:
      • the Member shall immediately cease to hold itself out as a Member, including but not limited to ceasing to use any logo, post-nominal or other identifier provided by TPI to Members;
      • the Member shall not be entitled to any refund of the Application Fee or the Subscription Fee;
      • where requested by TPI, the Member shall return any Deliverables which relate to, or which it has been provided with by virtue of, its’ status as a Member; and
      • unless otherwise expressly agreed in writing by TPI, any contract between TPI and the Member shall automatically terminate, including but not limited to any right to attend any event, course, examination or accreditation and any right to use any materials provided by TPI.
    • Where a Member has had it’s membership terminated by TPI but wishes to reapply for membership, TPI shall on a case-by-case basis establish the criteria which the Customer must fulfil in order to have it’s membership re-instated. The Customer will as a minimum be required to evidence that any and all issues leading to termination of its membership have been resolved and that any previous complaints against it have been resolved. TPI shall be entitled at its sole discretion to decide whether or not to re-instate a Customer’s membership.
  2. LIMITATION OF LIABILITY
    • Except as expressly and specifically provided in these Conditions:
      • the Customer assumes sole responsibility for results obtained from the use of the Deliverables by the Customer, and for conclusions drawn from such use. TPI shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to TPI by the Customer in connection with the Deliverables, or any actions taken by TPI at the Customer's direction;
      • any information provided as part of the Deliverables does not constitute professional advice and is for educational purposes only. Information provided in the Deliverables is not a substitute for advice on the specific circumstances of the Customer or Individual or for the exercise of appropriate judgement, skill and care. Whilst every effort has been made to ensure the information in the Deliverables is accurate and up-to-date, TPI accepts no responsibility for any acts or omissions in relation to property management or any other subject matter of the Deliverables in whatever form;
      • all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by Applicable Laws, excluded from the Contract; and
      • the Deliverables are provided to the Customer on an "as is" basis.
    • Subject to Condition 11 of Section A and Condition 1 of this Section B, TPI’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to £10,000.

Events

  1. SECTION D – EVENTS

    SPECIFIC TERMS

    1. DEFINITIONS AND INTERPRETATION
      • In this Section D the following words and expressions have the following meanings unless inconsistent with the context:

    “Attendance Criteria”

    any criteria or requirements which Delegates must meet in order to attend the Event, as notified to the Customer by TPI in writing from time to time;

    “Delegate”

     

    the individual who is to attend the Event, as detailed in the Contract Details, or (where the Customer and the delegate are different) such replacement as the Customer may notify to TPI in writing;

    “Event”

    the event or events which forms the Deliverables as set out in the Contract Details;

    “Event Date"

    the date or dates of the Event as set out in the Contract Details;

    “Venue”

    the venue where the Event will take place as set out in the Contract Details.

    1. EVENT
      • Subject to prior payment of the Price in cleared funds by the Customer, TPI shall permit each Delegate to attend the Event.
      • The Delegate shall arrive at the Venue for registration at least one hour prior to the listed start time for the Event.
      • The Customer acknowledges and agrees that TPI shall be entitled to refuse entry to the Event to any Delegate who has not registered in accordance with Condition 2.2 of this Section D.
      • Where the Event is directed at or intended for certain categories of delegate, TPI shall be entitled to refuse entry to the Event to any Delegate that TPI reasonably believes does not meet the Attendance Criteria.
      • The Customer acknowledges and agrees that TPI may vary the Venue, the date and time of the Event, the presenters, speakers and other elements of the Event in accordance with Condition 5.6 of Section A.
    2. PRICE
      • Unless otherwise stated in the Contract Details, the Price for the Event does not include accommodation, travel, meals or refreshments and the Customer shall be responsible for arranging such at its’ own cost for each Delegate where required.
    3. DELEGATES
      • The Customer shall, and where the Customer is not the Delegate, shall procure that each Delegate shall:
        • meet any applicable Attendance Criteria;
        • not resell, transfer ownership of or allow any other person to use, the Delegate’s right to attend the Event;
        • behave in a manner appropriate to the Event and the Venue whilst travelling to or from the Event and attending the Event;
        • not do anything which TPI reasonably believes could bring TPI, the Event or the Venue into disrepute or otherwise have a detrimental or prejudicial impact on the reputation, standing, Intellectual Property Rights or goodwill of such;
        • not record or transmit, or aid in the recording or transmitting of, any video, image, audio, transcription or other reproduction of the Event unless expressly permitted in writing by TPI;
        • comply with all instructions, directions and requirements of TPI or the Venue relating to attendance at and participation in the Event, including those requirements relating to health and safety at the Venue; and
        • comply with the terms of this Contract.
      • Where the Customer is not the Delegate, the Customer shall be entitled to replace the Delegate with an alternate Delegate on written notice to TPI, provided that any such replacement Delegate shall also comply with the terms of this Contract, including the provisions of this Condition 4 of Section D.
      • The Customer agrees that, and shall procure that the Delegate agrees that, TPI, the Venue and any third party may use the Delegate’s name, image, likeness and any audio, video or photographic recording in accordance with TPI’s Privacy Policy.
    4. EVENT CANCELLATION
      • TPI reserves the right to cancel or reschedule the Event for any reason (including, without limitation, by reason of a force majeure event in accordance with Condition 14 of Section A). TPI shall notify the Customer in writing of the cancellation or rescheduling as soon as possible. The parties agree that:
        • TPI shall not be in breach of this Contract by virtue of any cancellation or rescheduling of the Event; and
        • on TPI notifying the Customer of any cancellation of the Event, this Contract shall immediately terminate and the provisions of this Condition 5 of Section D shall apply;
        • on TPI notifying the Customer of any rescheduling of the Event, this Contract shall be deemed varied in accordance with Condition 5.6 of Section A; and
        • save as set out in this Condition 5 of Section D, TPI shall have no further liability to the Customer in respect of the cancellation or rescheduling of the Event, including in respect of any costs incurred by the Customer prior to cancellation or rescheduling of the Event.
      • Without prejudice to the other rights of TPI or the Customer under this Contract, where an Event is cancelled or rescheduled in accordance with Condition 5.1 of Section D TPI shall:
        • where the Event is to be rescheduled, permit each Delegate to attend the rescheduled Event; or
        • where the Event is cancelled or a Delegate is unable to attend the rescheduled Event and the Customer cannot provide a replacement Delegate, at TPI’s sole discretion provide a refund of the Price less any amounts which relate to costs already incurred by TPI in providing the Event to the Customer.
      • Any refund of the Price or part of the Price agreed pursuant to Condition 5.2 of this Section D shall be payable within 30 days of the amount being agreed or determined in accordance with Condition 13 of Section A or by such other date as the parties may agree in writing.
      • For the avoidance of doubt, no reduction or refund of the Price shall be payable where the Contract is terminated other than as a result of cancellation of the Event in accordance with Condition 5.1 of this Section D.
    5. CANCELLATION BY THE CUSTOMER
      • The Customer shall be entitled to cancel any booking for any Delegate at the Event by giving written notice to TPI. Where the Customer cancels the booking for any Delegate:
        • within 10 Working Days of the order being accepted by TPI in accordance with Condition 2.5 of Section A, the Customer shall be entitled to receive a refund of the portion of the Price relating to that Delegate’s attendance at the Event; or
        • more than 10 Working Days after the order has been accepted by TPI in accordance with Condition 2.5 of Section A, the Customer shall not be entitled to receive a refund of the portion of the Price relating to that Delegate’s attendance at the Event,

    provided that in no circumstances shall any refund be payable if the Customer cancels the booking less than 10 Working Days prior to the Event.

    • For the purposes of Condition 6.1 of this Section D, the date of the Customer’s cancellation shall be the date on which TPI is deemed to receive the Customer’s written notice in accordance with Condition 14.2 of Section A.
    1. LIMITATION OF LIABILITY
      • Except as expressly and specifically provided in these Conditions:
        • the Customer assumes sole responsibility for results obtained from the use of the Deliverables by the Customer, including but not limited to attendance at the Event, and for conclusions drawn from such use. TPI shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to TPI by the Customer in connection with the Deliverables, or any actions taken by TPI at the Customer's direction;
        • any information provided as part of the Deliverables, including but not limited to attendance at the Event, does not constitute professional advice and is for educational purposes only. Information provided as part of the Deliverables is not a substitute for advice on the specific circumstances of the Customer or Delegate or for the exercise of appropriate judgement, skill and care. Whilst every effort has been made to ensure that information provided as part of the Deliverables is accurate and up-to-date, TPI accepts no responsibility for any acts or omissions in relation to property management or any other subject matter of the Deliverables in whatever form;
        • all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by Applicable Laws, excluded from the Contract; and
        • the Deliverables are provided to the Customer on an "as is" basis.
      • Subject to Condition 11 of Section A and Condition 7.1 of this Section D, TPI’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the greater of:
        • £10,000; or
        • the Price.

Courses & Examinations Terms & Conditons

  1. SECTION F – COURSES, EXAMINATIONS AND BUNDLES

    SPECIFIC TERMS

    1. DEFINITIONS AND INTERPRETATION
      • In this Section E the following words and expressions have the following meanings unless inconsistent with the context:

    “Attendance Criteria”

    any criteria or requirements which Delegates must meet in order to attend the Event, as notified to the Customer by TPI in writing from time to time;

    “Bundle”

    the combination of either:

    a)     a Course and an Exam; or

    b)    a Course, Exam and membership as an Individual,

    which forms the Deliverables as set out in the Contract Details.

    “Course”

    the training course or courses which forms the Deliverables as set out in the Contract Details

    “Delegate”

     

    the individual who is to attend the Event, as detailed in the Contract Details, or, where permitted by TPI in accordance with Condition 4.2 of this Section F, such replacement as the Customer may notify to TPI in writing;

    “Event”

    the Course or Exam which forms the Deliverables as set out in the Contract Details;

    “Exam”

    the examination or accreditation which forms the Deliverables as set out in the Contract Details;

    “Examiner”

    an individual engaged by TPI to mark or assess any Exam undertaken by the Delegate;

    “Exam Rules”

    any specific rules, regulations or requirements notified to a Delegate by TPI in relation to their taking of an Exam;

    “Event Date”

    the date or dates of the Event as set out in the Contract Details;

    “Improvement”

    has the meaning set out in Condition 8.1 of this Section F;

    “Invigilator”

    an individual engaged by TPI to invigilate or monitor any Exam;

    “Portal”

    the website, web-based portal or other electronic or digital means by which the Course or Exam is delivered as set out in the Contract Details;

    “Tutor”

    an individual engaged by TPI to deliver any training forming part of the Course;

    “Venue”

    the venue where the Event will take place as set out in the Contract Details, including but not limited to the Portal;

    “Virus”

    any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices; and

    “Vulnerability”

    a weakness in the computational logic (for example, code) found in software and hardware components that when exploited, results in a negative impact to the confidentiality, integrity, or availability.

    1. EVENT
      • Subject to prior payment of the Price in cleared funds by the Customer, TPI shall permit each Delegate to attend the Event.
      • Where the Event is not provided through the Portal, the Customer shall, and where the Customer is not the Delegate procure that each Delegate shall:
        • arrive at the Venue for registration at least one hour prior to the listed start time for the Event; and
        • provide appropriate original identification, including address and photograph identification, on registration.
      • The Customer acknowledges and agrees that:
        • TPI shall be entitled to refuse entry to the Event to any Delegate who has not registered in accordance with Condition 2.2 of this Section F; and
        • in the event a Delegate is not refused entry to the Event under Condition 2.3(a) of this Section F, they will not be entitled to any additional time where they enter the Event after the scheduled start time.
      • The Customer acknowledges and agrees that TPI may vary the Tutor, Invigilator or Examiner, the Portal, the Venue, the date and time of the Event and other elements of the Event in accordance with Condition 5.6 of Section A.
      • The Customer acknowledges, and where the Customer is not the Delegate, shall procure that the Delegate acknowledges that if the Delegate does not comply with the requirements of this Contract, including providing any information or Input Materials requested by TPI or the Tutor, Invigilator or Examiner, the Delegate may not be able to participate fully in the Event and that TPI shall have no liability to the Customer or the Delegate where this is the case.
    2. PRICE
      • Unless otherwise stated in the Contract Details, the Price for the Event does not include accommodation, travel, meals or refreshments and the Customer shall be responsible for arranging such at its own cost for each Delegate where required.
    3. DELEGATES
      • The Customer shall, and where the Customer is not the Delegate procure that each Delegate shall:
        • meet any applicable Attendance Criteria;
        • not resell, transfer ownership of or allow any other person to use, the Delegate’s right to attend the Event;
        • behave in a manner appropriate to the Event and any Venue whilst travelling to or from the Event or attending the Event;
        • participate appropriately in the Event, including providing any Input Materials or other Materials requested by TPI or the Tutor, Invigilator or Examiner in a timely manner and in advance of the Event where requested;
        • where the Course or Exam is provided by electronic means, keep a secure username and password for access to the Course or Exam and prevent any other individual from accessing the Course or Exam using their log-in details;
        • not use the Event for anything other than its intended purpose, as determined by TPI and including but not limited to the requirements of this Contract;
        • not use the Event for any commercial gain;
        • not exert improper pressure on TPI, or any third party involved in the supply of the Event;
        • not do anything which TPI reasonably believes could bring TPI, the Event or the Venue into disrepute or otherwise have a detrimental or prejudicial impact on the reputation, standing, Intellectual Property Rights or goodwill of such;
        • not record or transmit, or aid in the recording or transmitting of, any video, image, audio, transcription or other reproduction of the Event or any materials relating to the Event unless expressly permitted in writing by TPI;
        • comply with all instructions, directions and requirements of TPI, the Tutor, Invigilator or Examiner or the Venue relating to attendance at and participation in the Event, including those requirements relating to health and safety at the Venue; and
        • comply with the terms of this Contract.
      • Where the Customer is not the Delegate, in relation to a Course only, the Customer shall be entitled to replace the Delegate with an alternate Delegate on written notice to TPI, provided that any such replacement Delegate shall also comply with the terms of this Contract, including the provisions of this Condition 4 of Section F. For the avoidance of doubt, the Customer shall not be entitled to replace a Delegate taking an Exam with an alternate Delegate without the prior written consent of TPI.
      • The Event may not be available to all Delegates at the same time and TPI, acting reasonably, reserves the right to temporarily prevent any number of Delegates from accessing the Event from time to time.
    4. COURSES
      • Where the Course is directed at or intended for certain categories of delegate, TPI shall be entitled to refuse entry to the Course to any Delegate that TPI reasonably believes does not meet the Attendance Criteria.
      • Except as expressly and specifically provided in these Conditions:
        • the Course is intended to provide general information only and does not constitute advice given by TPI or the Tutor in relation to any particular circumstance or context. Neither TPI nor its employees, consultants or Tutors can accept responsibility for the Customer’s or any of its Delegates’ actions, or those of other people attending or participating in the Course or interpreting the Course, or responsibility for any loss incurred as a result of the Customer, Delegate or any other person relying on the Course.
        • the Customer assumes sole responsibility for results obtained from the use of the Course and any information provided as part of the Course, and for conclusions drawn from such use;
        • TPI shall have no liability for any damage caused by reliance by the Customer or the Delegate on, or any errors or omissions in, any documents, information, instructions or scripts produced by the Customer or any Delegate in connection with the Course;
        • the Course is provided to the Customer on an "as is" basis; and
        • the Course is provided for the use of a single Delegate and the Customer and the Delegate shall not share the Course with any other person or copy or distribute any materials relating to the Course to any other person.
      • The Customer acknowledges, and where the Customer is not the Delegate, shall procure the Delegate’s acknowledgment that, any failure to comply with this Contract during the Course may lead to exclusion or removal from the Course. The Customer, and where the Customer is not the Delegate, the Delegate, agrees that TPI shall not be obliged to provide any refund of the Price (or any part thereof) or allow the Delegate to re-attend the Course.
    5. EXAMS
      • The Customer shall, and where the Customer is not the Delegate procure that the Delegate shall:
        • comply with any instructions provided by TPI prior to the Exam;
        • not disclose answers to questions to any other person or permit any other person to answer questions on their behalf;
        • comply with any applicable Exam Rules;
        • not use, or seek to use, any third party materials during the Exam, including but not limited to any materials prohibited by the Exam Rules;
        • not remove any Materials relating to the Exam from the Venue;
        • notify the Invigilator or Examiner immediately on becoming aware of any breach of the Exam Rules or any attempt to cheat, assist another person in cheating or otherwise seek an unfair advantage in relation to the Exam;
        • not do anything that may, in TPI’s or the Invigilator’s or Examiner’s reasonable opinion, cause any disruption to or otherwise have a detrimental impact on the performance of any other person taking the Exam; and
        • not share the Exam, or access to the Exam, with any other person or copy or distribute any materials relating to the Exam to any other person.
      • The Customer acknowledges, and where the Customer is not the Delegate, shall procure the Delegate’s acknowledgment that, any failure to comply with this Contract before or during an Exam, or following a review of any Exam, may lead to:
        • exclusion or removal from the Exam; or
        • the invalidation of any results for the Exam, subject to any successful appeal made by the Customer or the Delegate,

    and the Customer, and where the Customer is not the Delegate, the Delegate, agree that TPI shall not be obliged to provide any refund of the Price (or any part thereof) or allow any resit of the Exam.

    • Where the Customer or, where the Customer is not the Delegate, the Delegate has access to any assessment or assignment materials as part of the Exam, any assessment or assignment submitted to TPI during the Term will be marked and a certificate awarded to the Customer, or where applicable the Delegate, if they have met the required standard. TPI will not mark any assessment or assignment submitted outside the Term or guarantee to provide any specific feedback.
    • Where the Customer or, where the Customer is not the Delegate, the Delegate believes that there are any extenuating circumstances which are applicable to the Delegate or an Exam that they are taking or have taken, the Customer or Delegate must provide TPI with written notice of the extenuating circumstances within 5 Working Days of the date of the Exam. TPI and the Examiner shall have sole discretion to determine whether any extenuating circumstances are taken into account in relation to the Exam and how this is done. TPI and the Examiner shall have no obligation to consider extenuating circumstances not notified to TPI in accordance with this Condition 6.4 of Section F.
    • Any decision made by TPI or the Examiner regarding an Exam, including the awarding of any certificate or accreditation, is made at their sole discretion. If the Customer or, where the Customer is not the Delegate, the Delegate, disagrees with, or wishes to appeal, any decision made by TPI or the Examiner, the Customer or Delegate must contact TPI in writing setting out the reason for the disagreement or grounds of appeal within 15 Working Days of TPI or the Examiner informing the Customer or Delegate of the decision with which it disagrees or the Exam result being appealed.

    6.6       Where the Customer or Delegate notifies TPI that it disagrees with a decision and wishes to appeal the result of an Exam, in accordance with Condition 6.5 of this Section F, TPI will refer the appeal to an  independent examiner who hasn’t been involved in the examination process, who will review and remark the Exam. In case of a conflict of interest between the appeal examiner and the Consumer or Delegate, two independent directors of TPI will review and remark the Exam. If on review it is  determined that an Exam previously marked as having failed should be remarked as having passed, TPI shall refund any Additional Charge payable in accordance with Condition 6.8 of this Section F.

    6.7       If the Customer or Delegate is not satisfied with the result of the TPI appeal process set out in Condition 6.6 of this Section F, they have an option to appeal against this decision to the TPI accrediting body ABBE. This appeal has to be submitted in writing using the ABBE Request for Appeal form, available on the ABBE website, within fifteen working days of the decision that is being appealed against. This communication must set out the full grounds of the appeal and must be accompanied by the relevant fee.

    • If the Customer or Delegate requests that an Exam be remarked or requests feedback on an Exam, TPI shall be entitled to charge the Customer for the remarking or feedback as an Additional Charge, and shall not be obliged to provide the remarked Exam result or feedback until payment has been received in full cleared funds.
    • The Customer acknowledges and, where the Customer is not the Delegate, shall procure the Delegate’s acknowledgment that, no Materials related to the Exam, including a marked or unmarked Exam, will be released by TPI.
    1. BUNDLES

    The provisions of this Section F and also Section B shall apply to Bundles.

    1. USE OF THE PORTAL
      • The Customer acknowledges, and where the Customer is not the Delegate shall procure the acknowledgment of the Delegate, that it may be required to use electronic communications media, including but not limited to the Portal, to access the Course or the Exam.
      • Where the Course or Exam is supplied by electronic means, the Customer may, and where the Customer is not the Delegate, permit the Delegate to:
        • access the Course or Exam from a location other than their principal place of work provided that this is during the Term and, where the Customer is not the Delegate, that such Delegate is a permanent employee of the Customer at that time;
        • copy any part of the Course or Exam where such copying is an incidental result of accessing the Course or Exam electronically;
        • copy any part of the Course or Exam which is identified as available for download, provided that such copies are deleted on expiry of the Term; and
        • print any part of the Course or Exam which is made available in a PDF or otherwise print-ready format, provided that the Customer or Delegate prints only the minimum number of copies reasonably necessary and that such copies are destroyed on expiry of the Term.
      • In relation to any Course or Exam supplied by electronic means:
        • the Customer acknowledges, and where the Customer is not the Delegate, shall procure the Delegate’s acknowledgment that, a Course or Exam may be recorded and reviewed following the Course or Exam by TPI, the Tutor, Invigilator or Examiner;
        • TPI does not provide the software to which the Course or Exam relates and the Customer is responsible for ensuring its own access, or procuring access for the Delegate, to such software;
        • the Customer is responsible for configuring, or procuring the configuration for the Delegate of, their own information technology, computer programmes and hardware in order to access the Course, Exam and Portal and should use their own, or procure for the Delegate, virus protection software. TPI is not responsible for any failure to access the Course, Exam or Portal as a result of the incompatibility of the Customer’s or Delegate’s computer programmes or hardware;
        • the Customer shall, and where the Customer is not the Delegate shall procure that each Delegate shall, use all reasonable endeavours to prevent any unauthorised access to, or use of, the Course, Exam or Portal and shall promptly notify TPI in the event of any such unauthorised access or use
        • access to the Course, Exam or Portal may be suspended temporarily and without notice in the case of bandwidth shortage, system failure, maintenance or repair or for reasons beyond TPI’s control;
        • whilst TPI endeavours to ensure that the Portal is normally available 24 hours a day, TPI shall not be liable if for any reason the Course, Exam or Portal is unavailable at any time or for any period;
        • TPI does not warrant that the use of the Course, Exam or Portal will be uninterrupted or error-free and TPI is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that, and shall ensure the Delegate’s acknowledgement that, the Course, Exam or Portal may be subject to limitations, delays and other problems inherent in the use of such communications facilities; and
        • if, for any reason, the Course, Exam or Portal are defective or not accessible, TPI shall commence remedial work as soon as reasonably practicable in the circumstances, and shall use its reasonable endeavours to remedy any such problem, save that nothing shall require TPI to carry out such work outside Normal Working Hours.
      • The Customer shall not, and where the Customer is not the Delegate shall procure that each Delegate shall not:
        • access, store, distribute or transmit any Viruses, or any material during the course of its use of the Course, Exam or Portal that:
          • is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
          • facilitates illegal activity;
          • depicts sexually explicit images;
          • promotes unlawful violence;
          • is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability;
          • is otherwise illegal or causes damage or injury to any person or property; or
          • may cause, or be likely to cause, any damage to or have an adverse impact on, TPI’s reputation, Intellectual Property Rights or goodwill;
        • except as may be allowed by any Applicable Law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under the Contract:
          • attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Course, Exam or Portal in any form or media or by any means; or
          • attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Course, Exam or Portal;
        • access all or any part of the Course, Exam or Portal in order to build a product or service which competes with the Course, Exam or Portal;
        • make copies or print any part of the Course, Exam or Portal save as expressly permitted under this Contract;
        • use the Course, Exam or Portal to provide services to third parties;
        • license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Course, Exam or Portal available to any third party;
        • attempt to obtain, or assist third parties in obtaining, access to the Course, Exam or Portal; or
        • introduce or permit the introduction of, any Virus or Vulnerability into TPI’s network and information systems.

    and TPI reserves the right, without liability or prejudice to its other rights to the Customer, to disable the Customer's, or any Delegate’s, access to any material that breaches the provisions of this Condition 8.4 of this Section F.

    1. INTELLECTUAL PROPERTY
      • If the Customer, or where the Customer is not the Delegate, any Delegate, makes, devises, discovers, or otherwise acquires rights in any improvement, enhancement or modification to the whole or any part of the Event or the method by which it is provided (“Improvement”) the Customer shall promptly notify TPI in writing, giving details of the Improvement and shall, if TPI so requests, provide, or procure that the Delegate provides, any further information as would be reasonably required to enable TPI to evaluate the Improvement effectively.
      • The Customer shall grant, or shall procure the grant by the Delegate of, a non-exclusive royalty-free worldwide irrevocable licence (together with the right to grant sub-licences) for TPI to use, in any manner, any Improvement made, devised or discovered by the Customer.
    2. EVENT CANCELLATION
      • TPI reserves the right to cancel or reschedule the Event for any reason (including, without limitation, by reason of a force majeure event in accordance with Condition 14 of Section A). TPI shall notify the Customer in writing of the cancellation or rescheduling as soon as possible. The parties agree that:
        • TPI shall not be in breach of this Contract by virtue of any cancellation or rescheduling of the Event; and
        • on TPI notifying the Customer of any cancellation of the Event, this Contract shall immediately terminate and the provisions of this Condition 8 of Section F shall apply;
        • on TPI notifying the Customer of any rescheduling of the Event, this Contract shall be deemed varied in accordance with Condition 5.6 of Section A; and
        • save as set out in this Condition 10 of Section F, TPI shall have no further liability to the Customer in respect of the cancellation or rescheduling of the Event, including in respect of any costs incurred by the Customer prior to cancellation or rescheduling of the Event.
      • Without prejudice to the other rights of TPI or the Customer under this Contract, where an Event is cancelled or rescheduled in accordance with Condition 10.1 of this Section F TPI shall:
        • where the Event is to be rescheduled, permit each Delegate to attend the rescheduled Event; or
        • where the Event is cancelled or a Delegate is unable to attend the rescheduled Event and the Customer cannot provide a replacement Delegate, at TPI’s sole discretion provide a refund of the Price less any amounts which relate to costs already incurred by TPI in providing the Event to the Customer.
      • Any refund of the Price or part of the Price agreed pursuant to Condition 10.2 of this Section F shall be payable within 30 days of the amount being agreed or determined in accordance with Condition 13 of Section A or by such other date as the parties may agree in writing.
      • For the avoidance of doubt, no reduction or refund of the Price shall be payable where the Contract is terminated other than as a result of cancellation of the Event in accordance with Condition 10.1 of this Section F.
    3. CANCELLATION OR POSTPONEMENT BY THE CUSTOMER
      • The Customer shall be entitled to cancel any booking for any Delegate at the Event by giving written notice to TPI. Where the Customer cancels the booking for any Delegate:
        • within 10 Working Days of the order being accepted by TPI in accordance with Condition 2.5 of Section A, the Customer shall be entitled to receive a refund of the portion of the Price relating to that Delegate’s attendance at the Event; or
        • more than 10 Working Days after the order has been accepted by TPI in accordance with Condition 2.5 of Section A, the Customer shall not be entitled to receive a refund of the portion of the Price relating to that Delegate’s attendance at the Event,

    provided that in no circumstances shall any refund be payable if the Customer cancels the booking less than 10 Working Days prior to the Event or if the Customer or Delegate accesses the Course or Exam where it is provided through the Portal or any other electronic means.

    • Where the Customer wishes to cancel any booking for any Delegate at an Event which forms part of a Bundle, the provisions of Condition 11.1 of this Section F shall apply but, for the avoidance of doubt, a refund shall not be payable in respect of any amount of the Price of the entire Bundle if the Customer or Delegate accesses the Course or Exam where it is provided through the Portal or any other means.
    • In the event that a booking for a Delegate at an Event which forms part of a Bundle is cancelled in accordance with the provisions of Condition 11.1 of this Section F or otherwise:
      • the membership of an Individual which forms part of the same Bundle shall not be cancelled and shall continue in full effect; and
      • the Application Fee which has been paid for the membership of the Individual as part of the same Bundle shall, in accordance with Condition 3.2 of Section B, be non-refundable.
    • For the purposes of Condition 11.1, Condition 11.2 and Condition 11.3 of this Section F, the date of the Customer’s cancellation shall be the date on which TPI is deemed to receive the Customer’s written notice in accordance with Condition 14.2 of Section A.
    • The Customer shall be entitled to postpone an Exam for any Delegate by giving at least 10 Working Days written notice of the postponement, provided that an Exam may only be postponed twice. If the Customer requests a third postponement of an Exam, TPI shall be entitled to treat it as a cancellation of the booking in accordance with Condition 11.1(b) of this Section F.
    • The Customer shall not be entitled to postpone an Exam delivered through the Portal or by any other electronic means once it has been accessed by the Delegate.
    • In the event that the Customer postpones an Exam in accordance with Condition 11.3 of this Section F, TPI shall be entitled to charge the Customer as an Additional Charge for any subsequent price increase in relation to the Exam.
    1. LIMITATION OF LIABILITY
      • Except as expressly and specifically provided in these Conditions:
        • the Customer assumes sole responsibility for results obtained from the use of the Deliverables by the Customer, and for conclusions drawn from such use. TPI shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to TPI by the Customer in connection with the Deliverables, or any actions taken by TPI at the Customer's direction;
        • any information provided as part of the Deliverables, including but not limited to attendance at a Course or Exam, does not constitute professional advice and is for educational purposes only. Information provided as part of the Deliverables is not a substitute for advice on the specific circumstances of the Customer or Delegate or for the exercise of appropriate judgement, skill and care. Whilst every effort has been made to ensure that information provided as part of the Deliverables is accurate and up-to-date, TPI accepts no responsibility for any acts or omissions in relation to property management or any other subject matter of the Deliverables in whatever form;
        • all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by Applicable Laws, excluded from the Contract; and
        • the Deliverables are provided to the Customer on an "as is" basis.
      • Subject to Condition 11 of Section A and Condition 12.1 of this Section F, TPI’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the greater of:
        • £10,000; or
        • the Price.

Job Advertisements Terms & Conditions

SECTION E – JOB ADVERTISEMENTS

SPECIFIC TERMS

  1. DEFINITIONS AND INTERPRETATION
    • In this Section E the following words and expressions have the following meanings unless inconsistent with the context:

“Advertisement”

 

an advertisement to be hosted on the Jobs Portal on behalf of the Customer which forms the Deliverables as set out in the Contract Details;

“Applicant”

any individual who applies for a job with the Customer through the Advertisement, whether or not they are subsequently employed by the Customer;

“Jobs Portal”

the portal for job advertisements hosted by TPI at https://irpm.org.uk/recruiter-submission-form/

  • The words “appropriate technical and organisational measures”, “Controller”, “Data Subject”, “Personal Data”, “Personal Data Breach”, “processing” and “Processor” shall have the meanings given to them in the Data Protection Legislation.
  1. ADVERTISEMENTS
    • TPI shall host the Advertisement on the Jobs Portal for the Term, unless this Contract is terminated earlier in accordance with any of the terms of this Contract.
    • The Customer acknowledges that TPI is responsible for hosting the Jobs Portal and the Advertisement only, and shall have no obligation to the Customer in respect of marketing or promoting the Advertisement, communicating with or vetting Applicants for the Customer or guaranteeing any minimum number of Applicants respond to the Advertisement.
    • The Customer shall provide the proposed Advertisement to TPI for approval, including details of:
      • the role being advertised;
      • the name and business of the Customer
      • contact details which an Applicant may use to contact the Customer;
      • the start and duration of the Advertisement; and
      • the text of the proposed Advertisement.
    • Subject to payment of the Price in cleared funds by the Customer, TPI shall (acting in its sole discretion), within 5 Working Days of receiving the Customer’s proposed Advertisement, confirm in writing whether the proposed Advertisement is approved. If TPI does not approve a proposed Advertisement within 5 Working Days of receipt, it shall be deemed not approved.
    • If TPI approves a proposed Advertisement in accordance with Condition 2.4 of this Section E, TPI shall commence publication of the Advertisement on the Jobs Portal within 2 Working Days.
    • If TPI does not approve a proposed Advertisement in accordance with Condition 2.4 of this Section E, TPI may propose amendments to the proposed Advertisement but the Advertisement as amended shall not be deemed approved unless resubmitted for approval by the Customer in accordance with Condition 2.3 of this Section E and approved by TPI in accordance with Condition 2.5 of this Section E.
    • The Customer shall ensure that the Advertisement shall:
      • not contain any information which is inaccurate, incomplete or incorrect;
      • comply with any policies or guidelines notified to the Customer by TPI from time to time;
      • comply with all Applicable Law and any other applicable laws, regulations, regulatory policies, guidelines or codes in each case from time to time in force, including all such guidelines and codes issued by statutory, regulatory and industry bodies;
      • not infringe the Intellectual Property Rights or proprietary rights of any third party;
      • not contain any personal data without the permission of the data subject to whom the personal data relates;
      • not be defamatory, libellous, obscene or otherwise offensive;
      • not cause, or be likely to cause, any damage to or have an adverse impact on, TPI’s reputation, Intellectual Property Rights or goodwill; and
      • not include any element that is designed to, intended to, or which could otherwise have the effect of, causing damage to the Jobs Portal, the TPI Websites or TPI.
    • TPI shall be entitled to remove or modify an Advertisement where in TPI’s reasonable opinion it ceases to comply with the requirements of Condition 2.7 of this Section E.
    • If the Customer requests any modification of an Advertisement after it has been published, such modification shall be requested and agreed in accordance with Condition 5 of Section A.
  2. INDEMNITY AND WARRANTY
    • The Customer shall indemnify TPI against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by TPI arising out of or in connection with any third-party claims or any action, adjudication or decision taken against TPI by any third party or regulatory body, in each case directly or indirectly arising (in whole or in part) as a result of TPI’s hosting of the Advertisement, including but not limited to any claim from an Applicant.
    • Subject to Condition 3.3 of this Section E, TPI warrants that:
      • the Advertisement will be published on the Jobs Portal for the Term;
      • the Jobs Portal will be maintained and reasonably available (save for reasonable periods of downtime for maintenance) during the Term; and
      • the Advertisement will upon publication on the Jobs Portal be materially the same as the Advertisement approved in accordance with Condition 4.5 of this Section E.
    • The Customer agrees that:
      • there may be variations in the appearance, colour, formatting or font of the Advertisement when published on the Jobs Portal;
      • the appearance of the Advertisement may vary when displayed on a screen;
      • the Customer shall be responsible for any typographical, clerical or other omission or error in any Advertisement and TPI is not responsible for the identification or correction of any omission or error, save where such omission or error is not present in the Advertisement when approved by TPI in accordance with Condition 4.5 of this Section E; and
      • the Jobs Portal may be temporarily unavailable as a result of hardware, software or server outages or failure, reduced bandwidth, internet outages and other technical or non-technical issues,

and that such shall not be considered a breach of warranty.

  • Subject as expressly provided in this Contract, TPI excludes all warranties, conditions or other terms implied by statute or common law to the fullest extent permitted by law, including but not limited to in relation to the Advertisements.
  • Where any valid warranty claim in respect of an Advertisement is made by the Customer, TPI shall be entitled at its option to:
    • provide for a corrected Advertisement to be published for such additional time as the original Advertisement was published and did not comply with the warranty; or
    • at its’ sole discretion, refund to the Provider the Price (or a proportionate part of the Price) for the Advertisement found not to conform to warranty,

and such shall be the extent of TPI’s liability in respect of such warranty claim.

  1. APPLICANTS
    • TPI does not guarantee that the Customer will receive any Applicants or that the Advertisement will reach any prospective Applicants who would be suitable for the Customer’s requirements. The Customer is solely responsible for determining whether the Jobs Portal is an appropriate location for the Advertisement.
    • The Customer shall be responsible for managing communications with any Applicant and ensuring that any contact details provided by the Customer remain active for the use of Applicants.
    • TPI shall not be responsible for facilitating any communication between the Customer and any Applicant.
    • TPI shall have no responsibility for the Applicants or any decision made by the Customer to recruit or hire any Applicant.
  2. DATA PROTECTION

The parties acknowledge that for the purposes of the Data Protection Legislation, the Customer is the Controller and TPI is the Processor. Appendix 1 sets out the scope, nature and purpose of processing by TPI, the duration of the processing and the types of Personal Data and categories of Data Subject.

  1. INTELLECTUAL PROPERTY
    • The Customer shall be entitled to download and maintain copies of the Advertisement but shall not be entitled to download or keep copies of any other element of the Jobs Portal or the TPI Websites, or any other aspect of TPI’s Intellectual Property Rights.
    • By submitting the Advertisement, the Customer grants TPI a non-exclusive, royalty free, transferable licence to use, reproduce, display, distribute, modify and create derivative works from any of the Customer’s Intellectual Property Rights in the Advertisement for the purposes of hosting and advertising the Advertisement for the Customer.
  2. LIMITATION OF LIABILITY
    • Except as expressly and specifically provided in these Conditions:
      • the Customer assumes sole responsibility for results obtained from the use of the Deliverables by the Customer, and for conclusions drawn from such use. TPI shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to TPI by the Customer in connection with the Deliverables, or any actions taken by TPI at the Customer's direction;
      • all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by Applicable Laws, excluded from the Contract; and
      • the Deliverables are provided to the Customer on an "as is" basis.
    • Subject to Condition 11 of Section A and Condition 7.1 of this Section E, TPI’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the greater of:
      • £10,000; or
      • the Price.

Sponsorship

  1. SECTION C – SPONSORSHIP

    SPECIFIC TERMS

    1. DEFINITIONS AND INTERPRETATION

    1.1       In this Section C the following words and expressions have the following meanings unless inconsistent with the context:

    “Branding Guidelines”

    the usage guidelines issued by TPI which apply to the Customer’s use of TPI Branding as updated from time to time;

    “Event”

    the event or events set out in the Contract Details;

    “Event End Date”

    the last day of each individual Event sponsored by the Customer;

    “TPI Branding”

    the Intellectual Property Rights of TPI which the Customer is permitted to use as part of the Sponsorship Rights, including any Intellectual Property Rights relating specifically to the Event;

    “Sponsor Branding”

    the Intellectual Property Rights of the Customer to be used in the advertisement of the Customer’s products and services at the Event, including but not limited to any trade marks of the Customer;

    “Sponsor Materials”

    any materials incorporating the Sponsor Branding which the Customer is entitled to distribute in accordance with the Sponsorship Rights;

    “Sponsorship Rights”

    the advertising and promotional and other rights and opportunities granted to the Sponsor by TPI which forms the Deliverables as set out in the Contract Details;

    “Third Party Sponsor”

    any other sponsor of the Event;

    “Venue”

    the venue where the Event will take place as set out in the Contract Details.

    1. SPONSORSHIP RIGHTS
      • TPI grants the Customer the Sponsorship Rights during the Term in accordance with this Contract.
      • All rights not expressly granted to the Customer are reserved by TPI. The Customer acknowledges and agrees that TPI is the owner or licensor of all rights in TPI’s Intellectual Property Rights.
      • Unless otherwise set out in the Contract Details, TPI shall be entitled to enter into any sponsorship arrangement with any third party in relation to the Event and the Sponsorship Rights. The Customer agrees that TPI shall not be, nor considered to be, nor deemed to be, in breach of any provision of this Contract as a result of entering into that arrangement.
      • If any of the Sponsorship Rights are expressed to be exclusive in the Contract Details, TPI shall not grant the same rights to a third party for use in advertising, marketing or promoting products or services which are substantially similar to those of the Customer.
      • The Customer grants to TPI a worldwide, sub-licensable, non-exclusive, royalty-free licence to use the Sponsor Branding during the Term as part of any direct or indirect promotion of the Event, including by use on promotional material and merchandising.
      • The Customer represents and warrants that:
        • it owns or is solely entitled to use the Sponsor Branding and any other material supplied to TPI in relation to this Contract and TPI shall be entitled to see evidence to this effect on request; and
        • TPI’s use of the Sponsor Branding in accordance with this Contract will not infringe the rights of any third party.
      • The Sponsor Branding shall be an Input Material for the purposes of this Contract.
    2. CUSTOMER OBLIGATIONS
      • The Customer shall:
        • exercise the Sponsorship Rights strictly in accordance with the terms of this Contract;
        • use the TPI Branding and any other materials provided by TPI strictly in accordance with this Contract and the Branding Guidelines;
        • apply any legal notices required by TPI or the Branding Guidelines to any Sponsor Materials;
        • submit to TPI for its prior written approval, pre-production samples of all Sponsor Materials, before their distribution, production or sale and details of any activities, events or exhibitions which the Customer intends to deliver at the Event. TPI shall use all reasonable endeavours to confirm in writing within 5 Working Days whether such are approved but for the avoidance of doubt no approval shall be deemed given if TPI does not provide confirmation within 5 Working Days. Where TPI does not grant approval, the Customer shall make such changes as are requested by TPI and resubmit such samples or details of activities, events or exhibitions to TPI for approval;
        • ensure that all Sponsor Materials comply in all respects with the samples approved in accordance with Condition 3.1(d) of this Section C;
        • ensure that the manufacture, packaging, distribution, advertising and sale of all Sponsor Materials shall comply with Applicable Laws and the highest standards of business ethics, in particular those relating to child or prison labour and environmental impact;
        • immediately at the written request of TPI and at its sole cost, withdraw from circulation any Sponsor Materials which do not comply with this Condition 3.1 of Section C;
        • provide to TPI within 5 Working Days of request, at the Customer’s sole cost and expense, all materials, including artwork of the Sponsor Branding, in a format specified by TPI for reproduction by TPI or under TPI’s control for the fulfilment of the Sponsorship Rights;
        • not to apply for registration of any part of the TPI Branding or anything confusingly similar to the TPI Branding;
        • not to use any part of the TPI Branding or anything confusingly similar to the TPI Branding in its trading or corporate name or otherwise, except as authorised under this Contract;
        • use best endeavours to assist TPI in protecting the TPI Branding and not knowingly do, or cause or permit to be done, anything which may prejudice or harm or which has the potential to prejudice or harm the TPI Branding, TPI’s title or right to the TPI Branding or the image of TPI, the Event or the Venue;
        • notify TPI immediately of any suspected infringement of the TPI Branding, but not to take any steps or action whatsoever in relation to that suspected infringement unless requested to do so by TPI;
        • hold any additional goodwill generated by the Customer for the TPI Branding as bare trustee for TPI and to assign the same to TPI at any time on request and in any event following termination of this Contract;
        • execute any further documentation and provide any assistance, both during the Term and after termination of this Contract, as may reasonably be requested by TPI to protect the TPI Branding.
      • The Customer shall not exercise the Sponsorship Rights, produce Sponsor Materials or otherwise act in such a way that, in the reasonable opinion of TPI, could:
        • bring TPI, the Event, the Venue or any Third Party Sponsor into disrepute or otherwise have a detrimental or prejudicial impact on the reputation, standing, Intellectual Property Rights or goodwill of such;
        • breach any Applicable Laws.
      • The Customer shall not engage in any joint exploitation of the Sponsorship Rights with any third party other than with the prior written consent of TPI and on the terms that the Customer shall procure that third party’s compliance with this Contract.
      • All Intellectual Property Rights in and to any materials produced for the Event by or on behalf of TPI or jointly by TPI and the Customer shall, with the exception of the Sponsor Branding, be the sole and exclusive property of TPI and if the Customer acquires, by operation of law, title to any such Intellectual Property Rights it shall assign them to TPI on request, whenever that request is made.
      • The Customer is responsible for all Sponsor Materials and any other materials which the Customer uses in the execution of the Sponsorship Rights or attendance at the Event, including ensuring the safety and security of such.
      • The Customer shall maintain reasonable insurance with a reputable insurer for the duration of the Event and, at its sole cost, shall take out and maintain for the duration of the Event any insurance specified in the Contract Details or otherwise reasonably requested by TPI.
      • The Customer shall promptly observe and comply with all instructions, directions and requirements of TPI or the Venue relating to the organisation, design, planning, execution, presentation, safety and image of the Event, including but not limited to those requirements relating to health and safety at the Venue, any risk assessments requested by TPI or the Venue and any testing of electrical or other equipment required by TPI or the Venue prior to use at the Event.
      • The Customer shall remove all Sponsor Materials after the final break on the Event End Date and in any event will have removed all materials and vacated the Venue by no later than the time stated in the Contract Details or otherwise notified to the Customer in writing by TPI.
    3. TPI’S OBLIGATIONS
      • TPI shall procure the organisation and staging of the Event at the Venue at its sole cost and expense in accordance with this Contract.
      • TPI confirms that it shall be responsible for:
        • arranging the attendance of and payment for all staff, stewards, speakers, performers, caterers and other personnel employed, engaged or appointed by TPI throughout the Event; and
        • unless otherwise stated in the Contract Details, the printing and supply of programmes, tickets, stationery, publicity material and advertisements in relation to the Event.
      • TPI shall use its reasonable endeavours to deliver or ensure the delivery of each and all of the Sponsorship Rights to the Customer.
      • TPI confirms that, whenever possible, it will ensure that the Sponsor Branding will be present in accordance with the Sponsorship Rights and that the Sponsor Branding is incorporated into all promotional, advertising and publicity material in accordance with the Sponsorship Rights.
    4. INDEMNITY
      • The Customer shall indemnify TPI against all liabilities, costs, expenses, damages and losses (including but not limited to any interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by TPI arising out of or in connection with:
        • any claim made against TPI by a third party for actual or alleged infringement of a third party’s Intellectual Property Rights or moral rights arising out of or in connection with TPI’s use of the Sponsor Branding in accordance with this Contract, whether or not any such claim arises during the Term;
        • any claim made against TPI by a third party arising out of or in connection with the manufacture, production, distribution, handling, advertising, consumption or use of, or otherwise relating to the Sponsor Materials, whether or not any such claim arises during the Term. For the avoidance of doubt, any approval by TPI of any of the Sponsor Materials relates only to the use of Sponsor Materials in connection with the Event and shall not affect this right of indemnification; and
        • the Customer’s use of the TPI Branding other than in accordance with the Sponsorship Rights.
      • If a payment due from the Customer under this Condition 5 of Section C is subject to tax (whether by way of direct assessment or withholding at its source), TPI shall be entitled to receive from the Customer such amounts as shall ensure the net receipt, after tax, to TPI in respect of the payment is the same as it would have been were the payment not subject to tax.
    5. EVENT CANCELLATION OR RESCHEDULING
      • TPI reserves the right to reschedule or rearrange the Event for any reason. TPI shall notify the Customer in writing of any rescheduling of the Event as soon as possible and the Customer shall be entitled to exercise the Sponsorship Rights in relation to the rescheduled Event. TPI shall have no further liability to the Customer in respect of the rescheduled Event.
      • TPI reserves the right to cancel the Event for any reason (including, without limitation, by reason of a force majeure event in accordance with Condition 14 of Section A). TPI shall notify the Customer in writing of the cancellation as soon as possible. The parties agree that:
        • TPI shall not be in breach of this Contract by virtue of any cancellation or abandonment of the Event; and
        • on TPI notifying the Customer of such cancellation, this Contract shall immediately terminate, and the provisions of this Condition 6 of Section C shall apply; and
        • save as set out in this Condition 6 of Section C, TPI shall have no further liability to the Customer in respect of the cancellation of the Event, including in respect of any costs incurred by the Customer prior to cancellation of the Event.
      • Without prejudice to the other rights of the Customer under this Contract, the parties agree to negotiate a reasonable reduction and, where applicable, refund of the Price to reflect any material restriction in the benefit or value of the Sponsorship Rights to the Customer in the event of the cancellation of the Event for any reason in accordance with Condition 6.2 of this Section C.
      • The Customer shall notify TPI in writing within 10 Working Days of TPI’s written notice of the cancellation that the Customer wishes to obtain a reduction or refund of the Price. TPI and the Customer shall negotiate in good faith to agree an appropriate reduction and/or refund to reflect the reduced value of the Sponsorship Rights. If the parties are unable to agree a reduction or refund within 20 Working Days of the Customer’s written notice seeking such reduction or refund, the parties shall resolve the matter in accordance with Condition 13 of Section A.
      • Any reduction or refund of the Price agreed pursuant to Condition 6.4 of this Section C shall be payable within 30 days of the amount being agreed or determined in accordance with Condition 13 of Section A or by such other date as the parties may agree in writing.
      • For the avoidance of doubt, no reduction or refund of the Price shall be payable where the Contract is terminated other than as a result of cancellation of the Event in accordance with Condition 6.2 of this Section C.
    6. TERMINATION AND CONSEQUENCES OF TERMINATION
      • In addition to the provisions of Condition 12.3 of Section A, on termination or expiry of this Contract:
        • the Sponsorship Rights granted by TPI to the Customer shall immediately terminate;
        • following termination of the Sponsorship Rights, the Customer shall not exercise the Sponsorship Rights or use or exploit (directly or indirectly) its’ previous connection with TPI or the Event; and
        • within 60 days after the date of termination, the Customer shall destroy or, if requested by TPI, deliver to TPI or any other person designated by TPI, at the Customer’s expense, all Sponsor Materials which incorporate any TPI Branding or any reference to TPI or the Event.
    1. LIMITATION OF LIABILITY
      • Except as expressly and specifically provided in these Conditions:
        • the Customer assumes sole responsibility for results obtained from the use of the Deliverables, including the exercise of the Sponsorship Rights by the Customer, and for conclusions drawn from such use. TPI shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to TPI by the Customer in connection with the Sponsorship Rights or the Event, or any actions taken by TPI at the Customer's direction;
        • all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by Applicable Laws, excluded from the Contract; and
        • the Deliverables are provided to the Customer on an "as is" basis.
      • Subject to Condition 11 of Section A and Condition 8.1 of this Section C, TPI’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the greater of:
        • £50,000; or
        • the Price.

IRPM Logo & Designations

Use of IRPM Post Nominal (Designatory) Letters 

Associates (AIRPM), Members (MIRPM) and Fellows (FIRPM) of the IRPM are entitled to use the designations appropriate to their current membership level. Affiliates have no designation.

Members are granted permission to display, against their own name, a designation of IRPM membership according to their experience and qualification. It is an indication of their professional standing with the IRPM and shall not be used to obtain personal gain, nor to promote the products or services of their company or business. The designatory letters used by a member must never be used in conjunction with the member’s business other than against their individual name on any e-mails or printed material eg. business cards and letterhead.

A member shall not be entitled to exercise any of the rights or privileges of membership including the use of designatory letters until all monies due from him to the Institute upon becoming a member and each renewal have been paid in full.

A member who ceases to be a member for whatever reason including non-payment of monies due to the Institute, shall not hold himself out to be a member of the IRPM in any way including by the use of designatory letters. Any unauthorised use of designatory letters must cease immediately upon written notice from the CEO or Board of Directors of IRPM and the Institute may take such action, including legal proceedings, against a Member (or relevant Firm) as it deems to be necessary.

 

Use of IRPM Logo

Companies who have a Member (MIRPM) or Fellow (FIRPM) in senior management are able to apply for a licence (free of charge) to display a specially modified IRPM logo on company letterhead and advertising medium. 

Please click here to view the conditions and complete the agreement required for use of the Modified Members logo.