1. Introduction
1.1 These Terms of Both Parents Matter Membership (the Terms) apply to all BPM Members and all those who apply for BPM Membership.
1.2 In these Terms:
1.2.1 BPM Members and applicants are referred to as you/your; and
1.2.2 Both Parents Matter or “BPM” is referred to as we/us/our. Both Parents Matter is a Registered Charity no. 276899 of 27 Old Gloucester Street, Holborn, London WC1N 3AX.
1.3 These Terms form a legal agreement between you and us.
1.4 If you need to submit a Notice to BPM under these Terms, your Notice should be directed to Membership Services on admin@bothparentsmatter.org.uk.
1.5 We may change these Terms at any time by publishing the Notice of our new Terms on the BPM website, at least one month before they come into effect.
2. BPM Membership categories
2.1 We publish the categories of BPM Membership that are currently open to new members on the BPM website at https://familiesneedfathers2.beaconforms.com/form/14ef95f9. This sets out the requirements or criteria associated with each category of BPM Membership, together with the membership amounts payable and the associated benefits at that time.
2.2 From time to time, we may limit or close certain categories of BPM Membership to new members. If your category of BPM Membership is limited or closed to new members, we may end your BPM Membership within that category when your current period of membership expires. We will notify you in advance and we may suggest alternative categories of BPM Membership that you may elect to move to.
2.3 If you have BPM Lifetime Membership, your membership endures for your life.
3. Your application for BPM Membership
3.1 To apply for BPM Membership, you must follow the application process as set out on the BPM website, select the relevant category of BPM Membership that you are eligible for and submit the completed application to us.
3.2 We may decline your application for BPM Membership if:
3.2.1 we consider you are not eligible for the relevant category of BPM Membership;
3.2.2 your application is incomplete; or 3.2.3 we consider, acting reasonably, it is in our interests to do so.
3.3 You must accept and comply with these Terms, and any changes that we make to them in accordance with these Terms, as a condition of your BPM Membership.
4. Payment of membership fee
4.1 Unless we set out otherwise in writing, payment for your membership is due at the date of application or renewal, as the case may be. To become a member, or to renew your membership, you must pay all membership amounts when due and payable in accordance with these Terms and any conditions to your membership.
4.2 Payment of the membership fee is automatically recurring for each applicable membership period until cancelled in accordance with clause 11.
4.3 Payment must be made by the methods of payment accepted by us, as set out at the time of application or renewal.
4.4 As your membership fee is classified as a charitable donation, it is non-refundable under HMRC rules. We will not refund a membership fee unless we are required to under applicable laws or we determine it is in our interests to do so.
4.5 From time to time, we may promote offers or promotions of BPM Membership that are subject to terms and conditions set out in writing with the offer or promotion. For example, the offers may vary the membership fee payable, the period of the membership term or the membership benefits included. We may do this with the intention of increasing BPM Membership or reducing the cost of collecting and processing membership fees or for any other reason where we consider it is in our interests to do so. We may withdraw such offers or promotions at any time.
4.6 We may waive or accept late payment of the whole or any part of any membership fee for any reason that we consider to be in our interests.
5. Gift Aid
5.1 BPM Membership fees are eligible for gift aid. We may ask you to complete a gift aid declaration when joining, renewing or during your membership. The gift aid declaration sets out the requirements for gift aid.
5.2 If your BPM Membership is set up as eligible for gift aid, you must notify Membership Services of any changes to your circumstances which might affect gift aid, or if you wish to cancel your gift aid declaration.
5.3 If you have any queries relating to gift aid on your BPM Membership or would like to understand what gift aid has been claimed on your BPM Membership, you may contact Membership Services.
6. BPM Membership email
6.1 We will issue you with a confirmation email of your membership as evidence of your BPM Membership. You will need to show this confirmation email of your BPM Membership at support group meetings if requested.
6.2 BPM Membership benefits are for the named member(s) only. If we have reasonable grounds to suspect that others are using your BPM Membership benefits, we may immediately suspend your BPM Membership and access to benefits and initiate a complaint process that may result in the termination of your BPM Membership.
7. Membership Benefits
7.1 As an BPM Member, you are entitled to BPM Membership benefits that are associated with your category of BPM Membership, provided you are not in arrears with the payment of your membership fees that are due. Details of BPM Membership benefits associated with each category of BPM Membership are published on the Both Parents Matter website.
7.2 We may, acting reasonably, vary BPM Membership benefits at any time without notice.
7.3 Certain BPM membership benefits may be unavailable from time to time including due to events beyond our reasonable control.
8. Members’ Voting Rights
8.1 If you are a fully paid-up BPM Member for more than 12 months and aged 18 or over, you are entitled to one vote at any BPM general meeting, election or poll.
8.2 For an election or poll conducted by postal and/or electronic ballot, you will only be eligible to vote if you are an BPM Member on the date that the voting papers are issued or the date the invitation to vote electronically is issued, as applicable.
8.3 The rights of BPM Members in relation to BPM general meetings are set out in BPM’s Articles of Association (available on request).
9. Members’ obligations
9.1 You must notify Membership Services of any change to your address, email address or other contact details as soon as possible by emailing admin@bothparentsmatter.org.uk. We will not be responsible for any losses, including any loss of Membership benefits, that may result from your failure to notify us of your change of address, email address or contact details.
9.2 When acting in your capacity as a member, you must act in the interests of BPM and in a way that is consistent with the objectives of BPM.
9.3 You must abide by our decisions, and we commit to using our best endeavours to act reasonably and fairly, in accordance with our Articles of Association.
9.4 You must comply with these Terms and all relevant terms for any BPM event.
9.5 You must treat our employees, volunteers and other BPM Members with respect, and in such a way not to cause offence or annoyance.
9.6 You may not use for your personal or commercial benefit any of our trade marks (such as BPM, Both Parents Matter, FNF or Families Need Fathers) or any statement, initials or logo implying your membership of BPM, unless specifically authorised by BPM. You may not copy or reproduce any of the BPM logos.
10. Complaints
10.1.You may raise a complaint relating to your BPM Membership or to the conduct of an individual BPM Member, by contacting Membership Services on admin@bothparentsmatter.org.uk.
10.2 If you raise a valid complaint that you have been denied access to your membership benefits, other than as permitted by these Terms, we may offer to extend the period of your membership by a period that we consider appropriate in the circumstances.
11. Renewal, suspension and cancellation of Membership
11.1 BPM will specify the period of membership for each category of BPM Membership and the arrangements for renewal on the BPM website. 11.2 We may suspend access to your benefits and rights of BPM Membership:
11.2.1 at any time if the payment of your membership fee is outstanding following the due date;
11.2.2 whilst we conduct any necessary investigations if we receive a complaint relating to your conduct; or
11.2.3 otherwise in accordance with these Terms.
11.3 If you wish to cancel your membership, you must notify your applicable payment provider and give Notice to Membership Services on admin@bothparentsmatter.org.uk at least 10 working days before any renewal. If you don’t do this, any renewal payment may be claimed and your membership may be renewed, with no refund given.
11.4 We may cancel your BPM Membership if:
11.4.1 we have not received any membership fee due and payable within 30 days of the due date;
11.4.2 you do not comply with these Terms or any terms of entry to BPM support services; or
11.4.3 after considering a complaint relating to your conduct, BPM’s determination, acting reasonably and in good faith, is that your membership should be cancelled.
11.5 If your BPM Membership is cancelled under paragraphs 11.3 or 11.4, you must pay for any outstanding unpaid membership fees up until the expiry of your membership or any other sums that are due to us. We will not refund a membership fee or other sums already paid to us, unless we are required to under applicable laws or we determine it is in our interests to do so.
11.6 Access to your benefits and rights of BPM Membership will end on the day following the cancellation of your BPM Membership.
11.7 Please contact Membership Services to notify us of a death of an BPM Member so that we can cancel their membership.
12. Member communications and privacy policy
12.1 By becoming an BPM Member, you agree to BPM using your personal information to process your membership and to manage your membership as set out in the GDPR and Privacy Policy.
12.2 As part of your BPM Membership, we may send you the following by email and post:
12.2.1 BPM news and information, information about the work that BPM does and the services it offers;
12.2.3 information about your BPM Membership and BPM Membership benefits;
12.2.4 special BPM Membership benefits and offers; and
12.2.5 special promotional offers for BPM and partner services.
12.3 You may unsubscribe from the majority of post, emails or phone calls at any time by contacting Membership Services. We may still contact you about your voting rights or other non-marketing important information that you need to know such as:
12.3.1 your payment and Gift Aid confirmations;
12.3.2 renewal reminders and any information about your renewal or cancellation;
12.3.3 confirmation of changes we have made to your name or contact information that you have requested; and 12.3.4 any changes to these Terms or to our GDPR and Privacy Policy that you need to know about.
13. Liability
13.1 Nothing in these Terms shall limit or exclude BPM’s liability for:
13.1.1 death or personal injury caused by its negligence;
13.1.2 fraud or fraudulent misrepresentation; or
13.1.3 any other liability which cannot be excluded or limited under applicable law.
13.2 Subject to clause 13.1, BPM shall not be liable to any BPM Member for:
13.2.1 any indirect, consequential or special loss or damage;
13.2.2 loss of income, profit, revenue, anticipated savings, data, or goodwill; or
13.2.3 any loss arising from events outside BPM’s reasonable control.
13.3 Subject to clause 13.1, BPM’s total liability to any BPM Member in connection with their membership, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall be limited to the amount of membership fees paid by the BPM Member in the relevant membership year.
13.4 BPM does not accept responsibility for the acts or omissions of third parties, including partner organisations, venues, speakers, volunteers (BPM or otherwise), or service providers (including solicitors, barristers or McKenzie friends), except where required by law.
14. MEMBERS’ LIABILITY
14.1 Both Parents Matter is a company limited by guarantee and the liability of BPM members is limited.
14.2 As a BPM Member, you agree to pay an amount (up to a maximum of £10) if BPM is closed while you are a BPM Member or within one year after you stop being a BPM Member. This money would be used to pay BPM’s debts and liabilities that were incurred while you were a BPM Member, as well as the costs of closing the organization and making sure BPM members’ financial rights are properly adjusted.
14.3. In the event that BPM is wound up or dissolved, and after the satisfaction of all its debts and liabilities any property remains, such property shall not be paid to or distributed among the BPM members. Instead, it shall be transferred to one or more charitable organisations having objects similar to those of BPM, and which are subject to restrictions on the distribution of income and property at least as stringent as those imposed on BPM by its Articles of Association. The selection of such organisation(s) shall be determined by the BPM Members at or prior to the time of dissolution, and in default of such determination, the remaining property shall be applied to such other charitable purpose as shall be determined by the appropriate authority.
15. Online Communities and Digital Conduct
15.1 BPM may provide online spaces for BPM Members, including forums, social media groups, mailing lists or virtual events.
15.2 BPM Members must use these online spaces respectfully and lawfully, and must not:
15.2.1 Post abusive, discriminatory, defamatory or offensive content
15.2.2 Share confidential or personal data without permission
15.2.3 Harass, bully or intimidate other users
15.2.4 Use online platforms for unauthorised fundraising or commercial purposes
15.3 BPM reserves the right to moderate content and remove posts or restrict access to online communities where these Terms or platform rules are breached.
15.4 Serious or repeated breaches may result in suspension or termination of BPM Membership.
16. Miscellaneous
16.1 If you have any queries or wish to contact us, please contact Membership Services at admin@bothparentsmatter.org.uk.
16.2 We may transfer our rights and obligations under these Terms to another legal entity under our control. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
16.3 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
16.4 These Terms are a legal agreement between you and us and do not give rise to any rights to any third party to enforce any of these Terms.
16.5 If we do not enforce, or delay enforcing, any provision of these Terms, this will not be treated as a waiver of our right to do so later. Any waiver by us of a breach of these Terms must be in writing and shall not be deemed a waiver of any subsequent breach. 16.6 These Terms are construed and governed in accordance with the laws of England and Wales, and both we and you agree to submit to the exclusive jurisdiction of the England and Wales courts.
