Combined Legal Policy, Terms Of Membership, Privacy Policy & Terms Of Use

WAIVER OF LIABILITY 

We pride ourselves in running an ethical, fair business that leads to an association thriving when both us and you do well. With that in mind we are always very happy to help with any questions you may have about our organisation or services.  Before joining us, it’s important to note that our service(s) and association to us is taken entirely at your own risk and we can not be held responsible for any liability that may arise through membership with us or any services, products, offerings, free resources, tools, content or other types of media, products and/or advice we offer to you.

 

USE OF FREE CLUB WEBSITE (INCLUDED WITH PREMIUM MEMBERSHIP)

The use of our free club website is provided as a free service and is supplied ‘as is’ without guarantee over the safety of data or the ongoing support & functionality of the website, whether implied or not. The free website offer is to be used at your own risk and you are to be held accountable for any issues that may arise from it’s use including (but not limiting to) loss of data, content or trade.

MEMBERSHIP THAT IS INCLUSIVE OF INSURANCE [TERMS AND CONDITIONS]

Purchasing insurance isn’t like any usual transaction or purchase – it needs to be carefully considered prior to purchase as all insurance policies are strictly no refundable. More importantly, you need to be confident it is fitting for your purposes and accurately fitting to your needs. We can not offer advice on whether or not insurances are appropriate for you or your club, but we can offer you guidance as to what is available from us. You will always have to decide whether or not it is suitable for you, and we’ll take your membership application as confirmation that you’ve made an informed decision as to it’s suitability.

When purchasing your insurance along with membership it’s particularly important you are well informed on the product you are paying for and that you are sure it will meet your requirements and needs as best possible. Because your purchasing membership that is inclusive of insurance via our group cover policy we’ll be allocating you cover against a level of indemnity / liability already purchased with our insurers.

We do not undertake any form of regulated activity, nor do we pass your details to any third persons. We are not the insurer, but as you’re coming under our group cover policy we’ll often refer to the insurer and you to clearly illustrate the importance of you keeping within the policy’s general conditions and requirements. Because of this it’s really important you take the time to ensure the data you enter is both accurate and genuine. All memberships are strictly non-refundable once they’ve been activated and we can’t refund the membership with insurance for you regardless of the circumstances so if it’s not fitting or right for you it’s important you check that now before completing your application to join us.

Because you’re incepting membership combined with insurance we’ll need to assume you’ve fully read and understood our terms and conditions and that you also fully understand the policy, the product, what it covers & what it does not. If you are unsure about any of this please do check the policy information on the relevant page or contact us BEFORE completing your purchase. To remind you once more – we are unable to refund any applications once issued regardless of the circumstances as we will incur charges from our insurer when allocating cover to you.

By making a purchase you agree to be fully accountable and liable for any consequences, whether direct or indirect, which may arise from assuming cover via our group cover policy.

The fee payable is for your membership affiliation to our association, which is inclusive of insurance via our group cover policy. You are not paying for an insurance policy or an insurance product.

In the event of a claim, or any possible claim, you must contact our office in writing within 24 hours to alert us to the circumstances of the incident. Do not admit liability. We can only support the claim process where you have followed association guidelines and regulation. It’s important to remember that as we are not the insurer, but instead the policy holder, we will liaise with the claims assessor on your behalf initially. You may need to communicate with them directly or indirectly, but either way you are obligated to assist in any such matters. If you are in any doubt please, please contact us first.

DUTY OF DISCLOSURE
You have a duty to disclose all material facts to us when requested, or should a circumstance change (during membership). This includes anything that may or may not affect our ability or decision to license, certify, represent, associate or otherwise communicate with you as an instructor.

Should you not disclose key material information or any fact, information, adverse event or other such related piece of information (that shall be assessed at the discretion of our association) you are liable to expulsion from the organisation or to other disciplinary action as relevant.

This may include criminal convictions or adverse publicity.

AGREEMENT TO FOLLOW ASSOCIATION REGULATION & FOLLOW REGULATORY GUIDANCE
We are not a government appointed national governing body however we are an association with articles of association, a charter and other constitutional components. You are under no obligation to join our association and as such, do so voluntarily.

As you join us on a voluntary basis you agree to follow our association issued regulations and compulsory requirements, choosing to use us as a governing body. Failure to comply with key regulatory information may result in disciplinary action or expulsion.

SAFEGUARDING & DBS CHECKS
It is your obligation, responsibility and duty to ensure you are fit, safe and legally entitled to teach your students.
If this includes working with vulnerable adults and / or children and/or any other person that requires safeguarding, it is solely your responsibility to ensure you have conducted due diligence and have in place the correct checks, policies, qualifications and procedures.

As an association we may or may not issue guidance, regulation or compulsory requirements however this should not be deemed or assessed to be adequate for your own personal or professional arrangements. You MUST ensure you have properly assessed this key criteria before teaching and if any doubt, please contact our safeguarding officer (via our member’s area once registered) or our office directly.

INSURANCE OBLIGATIONS
It is your responsibility to ensure you are properly and adequately insured for all activities, disciplines or classes you instruct. Purchasing or activating BMABA insurance – be it event, instructor or student does not necessary mean you have covered all of your legal requirements and you should consider each cover’s range, scope, exclusions, conditions and structure to ensure it is sufficient for your needs.

We reserve the right to refuse insurance on any basis without notification or justification, or to withdraw insurance at any point provided written notice in some form is offered.

It is solely your responsibility to ensure any insurances are renewed, activated or otherwise administered in accordance with your needs and / or any conditions set forth in the policy.

You are responsible for ensuring you are properly insured for any teaching you undertake.

FIRST AID OBLIGATIONS
You are required to hold relevant first aid training and a relevant first aid qualification in order to teach. It is your responsibility to ensure you have met any and all legal requirements and are properly trained, qualified and equipped to deal with any medical emergency. Any guidance or help offered by our association on this subject should be taken as non-binding and is not advice. You must ensure you have assessed your suitability properly prior to teaching.

OUR RIGHT TO TERMINATION OF SERVICE OR ENDORSEMENT
We are fiercely committed to offering the best possible services, licensing, features and Associationship available in the market however, we are hereby released from any liability that may arise from external factors beyond our control, such as government or industry regulations that prohibit, limit or stop any service, licensing and/or membership feature (advertised or non-advertised). This also includes release from liability in the event that our body should ever be required by law, regulation or requirement to stop trading, to change the services we provide or to change the members we serve or entry criteria we require.

You agree that you understand events beyond our control will not be held against us and that you knowingly except any associated risk or loss that may arise from use of our services, Association, licensing or other product(s). In such a circumstance it is likely that no refund will be possible, however the association will do all possible to accommodate changes in regulation in a way that is favourable to you. This is done without obligation.

YOUR RESPONSIBILITIES AS AN INSTRUCTOR WITH US
We are an association designed to help our members share, collaborate and develop. That said, our organisation is strictly for those already qualified to teach. It is your responsibility to ensure you are fully DBS checked, first aid trained and insured appropriately for the training or class you’re running. You must have a safeguarding policy in place that will protect your members – this is really important and something you should already have prior to joining us. We will not tolerate any person(s) failing to disclose important information relating to safeguarding, child protection, past convictions or other such legal / safety issues.

As we represent more than 250 styles and disciplines, we can’t put into place individual guidelines on safeguarding, protection and insurances for each style. Therefore, it is your responsibility to ensure you have checked that your current circumstances are appropriate.

All information provided to us from you is accepted with utmost faith however we exercise the right to check and challenge, any documentation or information presented to us. Where information is provided that leads to verification of a certain aspect of your instruction, it is your responsibility to ensure this remains a true and accurate reflection of your circumstance.

You must ensure you have not been previously registered to BMABA by any instructor who is still registered to us, and if you do have active registration you may not re-apply for an independent account without said lead instructor’s written blessing. To do so could result in an immediate or future mid-term termination as the lead instructor shall retain all authority for your account under our ‘first past the post’ policy.

ADVERTISED SERVICES & PRODUCTS
All advertised services and membership features, benefits, licensing and/or insurance are advertised in good-faith. We do reserve the right to change or revoke any selected membership feature, licensing, insurance or member benefit and any other product / service at our sole discretion without notice or reason for any required purpose, however we will always do all possible to ensure our members and potential members are only supplied accurate information at all times, and with a reliable service.

CREATION OF PUBLICLY SEARCHABLE INFORMATION

As part of our efforts to maintain standards and facilitate safer martial arts, we create publicly searchable records for all instructors, assistant instructors, officials, teaching staff and senior graded students. These records contain, but are not limited to, name, date of birth, registration and renewal dates, disciplines practiced and the status of several factors including insurance, DBS, safeguarding, first aid and more. We will always create these records and update them as and when required throughout the course of your membership. Beyond your membership, records may also be retained. Your application and/or use of our services signifies agreement to this.

INTRODUCTION

We take our responsibility to safeguard your personal information and privacy extremely seriously. Accordingly, we’re registered with the Information Commissioner’s Office (ICO) to ensure we maintain our legal responsibility to be accountable for our actions. Our registration number is ZA241917.

INFORMATION & DATA WE COLLECT

As a membership based association we need to collect large amounts of personally identifiable information to ensure we can offer a robust service to our clients. We also have an obligation to retain certain information to ensure we can safeguard the public.

We may collect data in a number of ways, including, but not limited to, you visiting our site, completing web forms or marketing forms, applying to join us, interacting with our content or via any other means.

You may be asked for certain information, some or all of which will be compulsory in certain circumstances. We ask only for the minimal amount of information required to offer the services advertised. You may always refuse to supply personally identification information, however it may prevent you from engaging in certain Site related activities or from us being able to offer you certain features and services.

COOKIES

Our Site may use “cookies” to enhance your experience. Your web browser places cookies on your hard drive for record-keeping purposes and sometimes to track information about you. You may choose to set your web browser to refuse cookies, or to alert you when cookies are being sent. If you do so, note that some parts of the Site may not function properly.

HOW WE USE INFORMATION PROVIDED TO US

Information provided to us is usually used specifically to facilitate membership, or that of a third party member (i.e: student). We may also use information provided to us to personalise your experience, improve customer service, improve our site or services, to run promotions, process payment and/or send occasional newsletters.

RETENTION OF INFORMATION FOR RECORDING KEEPING PURPOSES

We believe you have the right to have information about you removed when you are no longer using our services, however as a membership based association that also has a duty to safeguard the public we may need to retain certain information even after you leave our organisation or stop using our services. This information may include, but is not limited to, your disciplines, grades, date of birth, name, membership period and other relevant information on key criteria such as insurance, DBS checks and so on. For the purposes of insurance, we may also need to retain this information on you or your registered students too. Accordingly, we will not delete information held for as long as we deem it necessary to retain details for our records, or for our public verification systems. We will only retain a minimal amount of information. If you have any concerns, please speak with us. You have the right to ask what data we hold on you, and why we are retaining it.

IMPLIED OR EXPLICIT CONSENT TO DATA USE

We will always ask for your explicit consent to use your information on public databases or through our association when it is possible to do so. In some circumstances we may need to use information about you with your implied consent. This is given by electing to use a service or membership product where such application is necessary.

For example, by joining our association and agreeing to our terms and conditions you agree to have a publicly available record created showing your membership and insurance details.  We won’t specifically ask you for permission, as it is implicitly given when signing up.

You will always be made aware of where and how information will be made available to third parties before any services are rendered. Please speak with us before joining if you have any concerns.

PAYMENT PROCESSING

We do not see or store any payment information on our systems or databases, nor do we store any hard copies of payment information that is personally identifiable. We permit BACS and cheque payment – both of which are managed by you. Our online payments are PayPal and Stripe, both of whom are PCI Compliant and take care of the security of your personal information. We have no access to any card details.

HOW WE PROTECT YOUR INFORMATION

We take the security of your privacy and information extremely seriously. Our websites are built using specialist and industry leading software which is always kept up to date. We also use an active site security software and firewall to help prevent any instances of hacking or infiltration. Personally sensitive or complete information is never stored locally on our website.

We also use third party software providers for services such as data storage and record management. We ensure our passwords are extremely secure, and that information is only available to select and vetted members of our senior management. Our CRM is record-based, meaning it is very unlikely any information can be cross-contaminated from one account to another.

Staff are trained thoroughly on the importance of maintain data integrity, and the use of our software and systems to prevent where possible human error.

In the event of any hack, leak or loss of data we will contact persons concerned immediately and we will refer ourselves to the ICO without delay.

SHARING YOUR PERSONAL INFORMATION

We do not share your personal information with any third party organisations, persons or companies, without exception, unless you have specifically and explicitly agreed that we may do so unless we are required to do so by law.

The only instance in which we may share information about you to a third party without your prior consent is where we are required to do so under our obligations to safeguard.

For example, if you disclose a criminal record to us prior to joining, and mention that you are actively teaching already, we may be obliged to inform the local area designated safeguarding officer, who may in turn take action. At such a time we may need to provide information – such as your name, club details and any other relevant information including your alleged conviction. In this circumstance, as safeguarding is paramount, we may not be able to ask your permission for disclosure. This is of course not a typical example as it is very rare in occurrence, but by communicating with us in anyway or by using any of our services, you agree to us sharing personal information on a strictly needs-must basis with law enforcement or protection services.

ADDITIONAL

By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Our websites and services are provided ‘as is’ and accordingly the association accepts no liability whatsoever for any such use – direct or indirect – of our software, content, products, services or sites. All content provided should be used as information or guidance only, and does not constitute any form of legal or professional advice, nor does it constitute any warranty or guarantee.

All content is strictly copyright (c) BMABA Limited. All other content / data is used with permission where applicable. All posts, articles, pages, content, data, material and / or other media / publications are provided ‘as is’ and we are not to be held accountable, without any limitations, for any results or effects of using the website, service, products or data. We must inform you that you are viewing and interacting with our site entirely at your own risk. By viewing any part of our website (or affiliated websites) you are agreeing in full to these terms.

All content is provided ‘as is’ and is believed to be accurate to the best of our knowledge at the point of publishing, however there is no guarantee information provided is up to date or free of errors and omissions.