Individual Member Terms and Conditions
These terms and conditions form the basis of the contract through which the Consumer Code for Online Dispute Resolution ("CCODR", "we" or "us") will deliver membership services (the "Services") to you as a member of CCODR ("CCODR member/ individual member" or "you").
CCODR is a Platform, designed to enable the dispute resolution sector to operate within and post Covid-19 virtually and securely and in full compliance with GDPR regulations and the UK Chartered Trading Standards Institute, Consumer Code for Online Dispute Resolution (CCODR) (2020).
Please read these terms and conditions carefully before applying to become a CCODR individual member. In consideration of us accepting your application to become a CCODR individual member and allowing you to access the site, you agree to be bound by these terms and conditions. You should also note that these terms and conditions set out obligations to other CCODR individual members, and those CCODR individual members may be able to enforce their rights against you under these terms and conditions. Your attention is particularly drawn to the limitations and exclusions of liability set out in these terms and conditions.
1. Membership Benefits
As a CCODR member you will receive a wide range of benefits such as:
• The only UK ODR Industry specific technological platform which is partnered with an Online Dispute Resolution Code
• Digital badge identifying your membership
• End to End encryption (E2EE)
• Ability to upload your own branding
• Secure Online call facility
• Run an unlimited amount of cases
• No limit to the number of parties per case
• Integrated secure internal messaging
• Full suite of case management tools
• Encrypted uploading and file sharing
• Agreements and digital acceptance
• Ability to upload your own templates
• Integrated invoicing and payments
• Integrated calendar function
• Record video messages
• Record audio messages
• Multi factor authentication
• Create and store your standard request templates
• Unlimited storage
• Digital billing cycle: invoices, payments, receiptsMembership packages may vary according to the level of individual membership.
We reserve the right to change the benefits that apply to CCODR membership at any time without prior notice. Any external providers of a benefit included within your membership package will have absolute discretion in relation to the provision of services, and membership of the CCODR does not guarantee that the external provider will accept an application from a CCODR member for the provision of services.
Services supplied by an external provider will be subject to the provider’s own terms and conditions, and we do not accept any liability for loss or damage suffered as a result of a fault, error or omission in the provision of these services. The CCODR member shall accept, without limitation, the Modron Spaces Terms and Conditions.The CCODR member shall accept, without limitation, and be bound by the CCODR rules for membership.
The CCODR member shall exclusively bill all online dispute resolution services using the Modron Spaces platform (or alternative platform provided by CCODR) and shall not attempt to bill the users of their online dispute resolution service outside the platform.
We reserve the right to change our external providers without prior notice and our decision on services provided is final.
2. The Individual Membership Contract
To become a CCODR individual member, follow the instructions on the membership pages of the www.ccodr.com sign up page. This application is an online process.
If you require the form in alternative formats please contact info@ccodr.com
When you submit your online application to the CCODR, you are making an offer to subscribe to the CCODR which, if accepted by our panel of assessors, will result in a legally binding contract.
At the point of renewal of your individual membership, your renewal payment is confirmation of the continued acceptance of this contract. You may not transfer any of your rights and obligations under these terms and conditions to another person.
Online Applications
For online applications you will either have sight of a confirmation page or receive an email. Acknowledgement that your application has been received and is being processed does not yet mean that your application has been accepted. Your individual membership with CCODR begins on the date when membership and any other fees have been paid in full.
Membership renewals
Individual memberships shall automatically renew until cancelled by the CCODR member.
Lapsed memberships
If your individual membership has lapsed for a period of two years or more, you will be required to complete a new membership application form (ensuring you quote your lapsed membership number in the form to ensure a duplicate member record is not created). It is not possible to reinstate lapsed memberships online. Please contact the CCODR team to arrange payment at info@ccodr.com
3. Cooling off period
You have a seven (7) working days cooling off period* from the date of confirmation of your new membership in which to cancel your subscription without penalty. You must notify us of your wish to cancel in writing by contacting the CCODR team at info@ccodr.com.The cancellation right above only applies to new membership applications and does not apply to the renewals of existing memberships.
4. Professional Development and Conduct
By proceeding with this application you are confirming that, as CCODR member, you will be committed to developing your online dispute resolution competences while contributing to the professionalism of the sector. Specifically, you are agreeing to abide by the CCODR Continuing Professional Development (CPD) Policy. All relevant individual members commit to adhere to the CPD Policy on joining and reaffirm their commitment on an annual basis. Failure to adhere to the Policy may result in disciplinary procedures and/or the termination of your membership. CCODR members also agree to abide by the CCODR Rules (the "Code"). All CCODR members sign up to this Code on joining and reaffirm their commitment on an annual basis. Failure to adhere to the Code, resulting in a formal complaint made against you, may result in disciplinary procedures and/or the termination of your membership.
5. Right to refuse applications or downgrade applications
We reserve the right not to fulfil, or to cancel, your application if we are unable to obtain payment authorisation from the issuer of your credit/debit card or payment by other means.
If you have been convicted of a criminal offence which is not yet spent, or have a prosecution pending, this must be declared. A declaration must also be made of insolvency or undischarged bankruptcy. This information will be treated in the strictest confidence and will only be taken into account if relevant. Spent convictions under the Rehabilitation of Offenders Act 1974 or equivalent jurisdictional legislation need not be disclosed.
If your individual membership application is accepted, but we subsequently discover that any or all of the information provided by you was misleading or false, we reserve the right to revoke your membership with immediate effect, without the right of appeal.
Membership levels and upgrades are granted by our assessment team. We reserve the right to downgrade an application if following an initial application it transpires the evidence we have received does not meet the assessment criteria. You have the right of appeal against the membership level offer if you believe it to be unjust as not reflecting the level of your professional experience. A review will be conducted with the decision of the assessment team then being final.
6. Individual members' obligations
As a CCODR individual member you warrant and represent to us and each other CCODR member that the following are and will be true each time that you access or use the Site and/or Services:
• you have all requisite power and authority to enter into and perform your obligations under these terms and conditions;
• there are no circumstances of which you should reasonably be aware which would prevent these terms and conditions from being and forming legally binding obligations upon you;
• your performance pursuant to these terms and conditions does not and will not conflict with or breach any constitutional document, agreement or Applicable Laws to which you are subject or by which you are bound;
• all the information which you submit to the Site is complete, reliable, accurate, free from errors, and not misleading in any way, and will not infringe any third party rights;
• you have declared any unspent criminal convictions, insolvency or undischarged bankruptcy in accordance with clause 5; and
• you will not do, or omit to do, anything that might reasonably be expected to put us in breach of any Applicable Laws.
You will provide us promptly on request with all information that we may reasonably require from time to time in connection with your access to or usage of the Site.
7. Cancellations and Refunds
If you wish to cancel your individual membership you must inform us of your intention to cancel a minimum of ten working days prior to the anniversary of your application. This notice should be provided directly to us in writing by email.
No refunds will be provided unless the above notice requirements are complied with. Once renewal of your membership has occurred, it will still be possible to cancel your membership, but we are not obliged to offer a refund if notice has not been given.
8. Price information
By agreeing to these terms and conditions, you agree that you will pay us the fees set out on the application pages of the Site. Fees displayed on this page – both for the annual individual membership fee and joining fee (if applicable) – will prevail at all times in relation to orders placed online. Fees displayed on a hard-copy application form, or quoted to you by a CCODR representative, will prevail in relation to membership applications.
You may make a one-off payment for a one-year membership subscription (new or renewal) by credit or debit card, in accordance with the payment information contained on the Application page of our Site.
We reserve the right to increase the price of individual membership subscription from time-to-time, and any such amendments will be on the Application page of the Site. If you are a current CCODR individual member, you will be informed of any fee increase in your renewal letter. If we discover an error in the price of your membership subscription, we will inform you as soon as possible.
Fees quoted are for individual membership only.You will exclusively bill all online dispute resolution services using the Modron Spaces platform (or alternative platform provided by CCODR) and shall not attempt to bill the users of their online dispute resolution service outside the platform.
9. Credit/debit card payment
If you are not using your own credit/debit to pay for the membership fee, you must ask the permission of the credit/debit card holder before entering the payment details. When you apply to become a CCODR member online you are confirming that you have obtained the express prior permission of the credit/debit card holder.
10. Viruses, hacking and other offences
You shall not (a) knowingly introduce any viruses into the Site or (b) attack (or instigate or facilitate the attack of) the Site or Services via a denial-of-service attack or a distributed denial-of-service attack, or (c) use the Site or Services for any purpose which is unlawful, abusive, libellous, obscene or threatening.
A breach of this clause may constitute a criminal offence. We may report any such breach (whether actual or suspected) to the relevant law enforcement authorities and you agree to co-operate with those authorities.
You shall be responsible for ensuring that you have in place on such systems appropriate Virus protection processes and software.
We will not be liable for any losses caused by any form of attack or viruses that may infect your computer equipment, computer programs, data or other proprietary material due to use of the Site or Services.
11. Links
The Site may contain links to other websites, which in turn may contain material that has been produced by third parties not affiliated with us. We have no control over those other websites and accept no responsibility or liability for information or content provided on such websites.
12. Liability
Nothing in these terms and conditions shall exclude or limit any person's liability for death or personal injury caused by its negligence, or any person's liability for fraud.
Subject to the above, neither we nor any of our agents, licensors or delegates or our or their directors, officers or employees will be liable for any losses incurred or suffered by you, directly or indirectly in connection with:
• materials provided to or by or on behalf of us being corrupted or inaccurate;
• you being unable for whatever reason to access or use the Site or Services;
• benefits, goods or services provided by an external provider/third-party;
• any acts or omissions by you, any other CCODR members, or your or their personnel; or
• us, or other CCODR members, acting on materials or communications which purport to have been made by or on behalf of you but which have been created or sent by (i) a third party purporting to act in your name, or (ii) a person who has lawful access to the Services but who exceeds his authority, regardless of whether such losses arise in contract, tort, negligence, breach of statutory duty or otherwise.
Further, neither we nor any of our agents, licensors or delegates or its or their directors, officers or employees will be liable for any indirect or consequential losses incurred or suffered by you, whether or not those losses are foreseeable.
The total aggregate liability of us to you for all losses arising out of or in connection with these terms and conditions, the Site and the Services (whether such losses arise in contract, tort, negligence, breach of statutory duty or otherwise) shall not exceed the amount of any fees received from you in the preceding 12 months.
Except as specified in these terms and conditions, all express or implied conditions, terms, representations or warranties (whether implied by statute or otherwise) are hereby excluded to the maximum extent permitted by law.
These terms and conditions do not and shall not affect your statutory rights as a consumer.
13. Data protection and confidential information
Definitions:
Agreed Purposes: for the purposes of creating a user account for each member so that the member can use the online platform to resolve their disputes.
Controller, processor, data subject, personal data, personal data breach, processing and appropriate technical and organisational measures: as set out in the UK Data Protection Legislation in force at the time.
Data Discloser: a party that discloses Shared Personal Data to the other party.
UK Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
Data Protection Legislation: the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a party.
Permitted Recipients: the parties to this agreement, the employees of each party, any third parties engaged to perform obligations in connection with this agreement.
Shared Personal Data: the personal data to be shared between the parties under this agreement. Shared Personal Data shall be confined to the following categories of information relevant to the following categories of data subject:
a. contact name, postal address, telephone, email address (if provided), your query with us, relationship to us, including information recorded through application forms, complaints, etc. on our Database and
b. financial data: bank account and payment card details.
This clause sets out the framework for the sharing of personal data between the parties as controllers. Each party acknowledges that one party (referred to in this clause as the Data Discloser) will regularly disclose to the other party Shared Personal Data collected by the Data Discloser for the Agreed Purposes.
Effect of non-compliance with UK Data Protection Legislation. Each party shall comply with all the obligations imposed on a controller under the UK Data Protection Legislation, and any material breach of the UK Data Protection Legislation by one party shall, if not remedied within 30 days of written notice from the other party, give grounds to the other party to terminate this agreement with immediate effect.
Particular obligations relating to data sharing.
Each party shall:
(a) ensure that it has all necessary notices and consents in place to enable lawful transfer of the Shared Personal Data to the Permitted Recipients for the Agreed Purposes;
(b) give full information to any data subject whose personal data may be processed under this agreement of the nature such processing. This includes giving notice that, on the termination of this agreement, personal data relating to them may be retained by or, as the case may be, transferred to one or more of the Permitted Recipients, their successors and assignees;
(c) process the Shared Personal Data only for the Agreed Purposes;
(d) not disclose or allow access to the Shared Personal Data to anyone other than the Permitted Recipients;
(e) ensure that all Permitted Recipients are subject to written contractual obligations concerning the Shared Personal Data (including obligations of confidentiality) which are no less onerous than those imposed by this agreement;
(f) ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the other party, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
(g) not transfer any personal data received from the Data Discloser outside the EEA unless the transferor:
(i) complies with the provisions of Articles 26 of the GDPR (in the event the third party is a joint controller); and
(ii) ensures that (i) the transfer is to a country approved by the European Commission as providing adequate protection pursuant to Article 45 of the GDPR; or (ii) there are appropriate safeguards in place pursuant to Article 46 GDPR; or (iii) Binding corporate rules are in place or (iv) one of the derogations for specific situations in Article 49 GDPR applies to the transfer (including as noted below in relation to Memberstack).
Mutual assistance
Each party shall assist the other in complying with all applicable requirements of the UK Data Protection Legislation. In particular, each party shall:
(a) consult with the other party about any notices given to data subjects in relation to the Shared Personal Data;
(b) promptly inform the other party about the receipt of any data subject access request;
(c) provide the other party with reasonable assistance in complying with any data subject access request;
(d) not disclose or release any Shared Personal Data in response to a data subject access request without first consulting the other party wherever possible;
(e) assist the other party, at the cost of the other party, in responding to any request from a data subject and in ensuring compliance with its obligations under the UK Data Protection Legislation with respect to security, personal data breach notifications, data protection impact assessments and consultations with supervisory authorities or regulators;
(f) notify the other party without undue delay on becoming aware of any breach of the UK Data Protection Legislation;
(g) at the written direction of the Data Discloser, delete or return Shared Personal Data and copies thereof to the Data Discloser on termination of this agreement unless required by law to store the personal data;
(h) use compatible technology for the processing of Shared Personal Data to ensure that there is no lack of accuracy resulting from personal data transfers;
(i) maintain complete and accurate records and information to demonstrate its compliance with this clause and allow for audits by the other party or the other party's designated auditor; and
(j) provide the other party with contact details of at least one employee as point of contact and responsible manager for all issues arising out of the UK Data Protection Legislation, including the joint training of relevant staff, the procedures to be followed in the event of a data security breach, and the regular review of the parties' compliance with the UK Data Protection Legislation.
Indemnity
Each party shall indemnify the other 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 [reasonable] professional costs and expenses) suffered or incurred by the indemnified party arising out of or in connection with the breach of the UK Data Protection Legislation by the indemnifying party, its employees or agents, provided that the indemnified party gives to the indemnifier prompt notice of such claim, full information about the circumstances giving rise to it, reasonable assistance in dealing with the claim and sole authority to manage, defend and/or settle it. The liability of the indemnifying party under this clause shall be subject to the limits set out in Clause 12.
Use of Memberstack as a data processor
We use Memberstack as a user management system. Memberstack is a data processor based outside of the EU. This transfer of data is covered by appropriate safeguards and we have entered into a contract with Memberstack incorporating data protection clauses. It is a fundamental part of our contract with you that you consent to our use of Memberstack as a data processor.
Use of Modron Spaces as a data processor
We use Modron Spaces for our platform. Modron Spaces is a data processor based outside of the EU. This transfer of data is covered by appropriate safeguards. It is a fundamental part of our contract with you that you consent to our use of Modron Spaces as a data processor.
Monitoring
You acknowledge and agree that we may monitor your use of the Site. We may record, retain and use for monitoring, statistical analysis or marketing purposes information on or from your access to and use of the Site and the Services. Please see our Privacy Policy for more information on how and for what purposes we use your personal data.
Confidentiality
You shall treat as confidential and shall not (other than where permitted or compelled to do so by any Applicable Law) use or disclose to any person any Confidential Information nor permit its disclosure. For the purposes of these terms and conditions, Confidential Information means all information (in whatever form) which is not publicly known and which is disclosed to, or otherwise learnt by, you in connection with the site, Services or these terms and conditions.
14. Events
Individual members may be invited to events organised by us or our partners, to enable CCODR members to gain information and make the best use of networking opportunities.
If you have paid us to attend such an event, and wish to cancel, you must inform us 14 days or more before the event to get a refund of the relevant fees paid. Cancellations after that date will not be refunded.
15. Termination
Without affecting any other rights and remedies which we may have and without liability to you for any losses which may result, we may terminate these terms and conditions:
1. immediately and without notice if:
• in our sole opinion, you materially breach any of these terms and conditions, or fail to adhere to the CPD policy and/or CCODR Code of Conduct.
• you fail to renew your membership;
• you become bankrupt or insolvent;
• we are required by any applicable law to terminate these terms and conditions; or
• at any time by giving you 7 days' notice in writing.
On any termination of these terms and conditions your right to use the Site and the Services shall cease, and we may terminate your access to and use of the Site and Services and invalidate any relevant access details.
Termination for whatever reason of these terms and conditions shall not affect:
• any rights, liabilities or obligations which accrued before such termination;
• any right to payment of fees; and
• any of these terms and conditions that are intended to continue to have effect after such termination.
The right of an individual member to use badges and certificates of membership will cease with immediate effect if a member falls into arrears on their membership subscription, cancels their membership or has their membership terminated by the CCODR for any reason as set out above.
If we terminate your individual membership under clause 15i or 15ii, you may appeal our decision to terminate by contacting info@ccodr.com. The matter will be referred to an independent third party chosen by us, and any decision they make regarding the termination of your membership will be considered final and binding.
16. Variation
We may change these terms and conditions at any time upon giving you 14 days prior written notice by email. The most recent edition of these terms and conditions will be binding upon you.Members may exit the contract without penalty if they do not accept any proposed variation.
17. Third Parties
A person who is not party to these terms shall not have any rights under on in connection with them under the Contracts (Rights of Third Parties) Act 1999.18. Entire AgreementThese terms and conditions override any contrary terms or conditions published in relation to any membership subscription between you and us.
19. The CCODR Brand
The "CCODR" trade mark is owned by us and nothing contained on the Site or these terms and conditions shall constitute the grant of a licence to use such trade mark.
20. Governing Law and Jurisdiction
These terms and conditions are governed by the laws of Northern Ireland. You hereby irrevocably submit to the exclusive jurisdiction of the Northern Irish courts notwithstanding the jurisdiction where you are based.If any court or competent authority decides that any of the provisions of these terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by the law.
21. Queries, Comments and Complaints
We will respond to any complaint or query received within 14 working days. This may be an acknowledgement that we have received a complaint whilst further investigations are carried out.
If you have any queries, comments or complaints about your subscription please contact the CCODR team on info@ccodr.com
