nasen policies and legal

The following member terms and conditions govern nasen’s Free Membership, International Membership and the benefits available thereunder as well as nasen’s paid-for SEND services, events and resources. All persons subscribing to nasen are urged to read the terms and conditions carefully before placing any order.

These terms and conditions apply to individuals only, as nasen’s free membership, international membership, paid SEND services, member events and training are provided directly to individuals only and sold directly to individuals with the only exception to this being the SEND CPD on Demand as detailed in section 3.2.

For Terms and Conditions for services, advertising and products sold to organisations please view our Organisation Term and Conditions.

Please read this document alongside our privacy and legal policy for information about how data is stored and used: https://nasen.org.uk//nasen-policies-and-legal

We are the National Association for Special Educational Needs (nasen), a charitable company limited by guarantee with charity number 1007023 and company number 2674379. Our registered office and contact address is: nasen House, 4/5 Amber Business Village, Amber Close, Amington, Tamworth, Staffordshire, B77 4RP. We are referred to throughout these terms and conditions as “we”, “us” or “nasen”.

1. Free membership

• A free nasen Membership is now available to all individuals living in the United Kingdom and Ireland. Individuals can sign up for this membership free of charge and the membership will run for an initial 12-month membership period (“Membership Period”) from the date you activate your membership.
• Unless your membership is cancelled or terminated, it will automatically renew at the end of the Membership Period and a new fixed Membership Period of 12 months will commence. If you do not want your membership to renew, it is your responsibility to cancel your membership. Membership can be cancelled at any time from “Manage my subscriptions” area of the Member page.
• nasen reserves the right to withdraw membership from any member if the work of the individual is no longer compatible with that of nasen, by giving 14 days’ notice in writing.
• “member” and “membership” do not mean company member/membership and for the avoidance of doubt members are not company members under section 112 of the Companies Act 2006 and, therefore, cannot vote at general meetings.
• It is the Member’s responsibility to keep their membership details confidential. nasen reserves the right to withdraw or suspend membership or to prevent any member from renewing membership if, in nasen’s reasonable opinion the member is misusing the membership benefits (for example, allowing someone else to use the benefits of their membership package).
• Members cannot add additional contacts to their membership under any circumstance and must not share their membership details with others as resources are provided on an individual member by member basis.
• By taking out free membership, individuals agree to be contacted by nasen about its activities, services and products.
• Free member benefits may change without notice.

2. International membership

• International Membership applies to individuals outside of the UK and Ireland who have a permanent address abroad.

• International membership is a paid for service and access to this membership will only be given after payment is received.

• Individual subscriptions/licenses purchased to access the resources on the nasen Website have VAT chargeable. Although an organisation might choose to pay for it on a staff members behalf, the licence to use the service is with the named individual.

• Payment can be made by credit card (Visa or MasterCard) only.

• Membership is given for a 12-month period from the date of activation and will be activated upon receipt of payment.

• To continue the international membership after the 12-month Membership Period you will be required to pay for another 12-month international membership licence.

3. Paid for SEND services

• Paid for nasen SEND services subscriptions (SEND services) include the:
  • the SENCO Support Service.
  • SEND CPD on Demand; and
  • Recognised Teacher of SEND / Recognised Practitioner of SEND Programmes (non-recurring subscription)
• All SEND services operate on a 12-month subscription basis from the date you pay for the SEND service(s) and are provided on an individual not organisational basis.
• Sharing of SEND services with another individual(s) and/ or organisations that have not purchased their own SEND services is strictly prohibited and will result in the cancellation of your SEND services and membership.
• All payments for SEND services must be paid in advance. If a payment is not received or payment method is declined, the buyer forfeits the right of use of any SEND services.
• Payment can be made by credit card, debit card or by invoice.
• For recurring subscriptions (the SENCO support service and SEND CPD on Demand), prior to the end of the 12-month nasen SEND services subscription, you will be informed that your SEND service(s) is coming to an end.
• If you have paid by credit or debit card you will receive instructions as to how to renew your recurring nasen SEND services to avoid any loss of service.
• If you have an invoice by bank transfer you will receive instructions as to how to renew your recurring nasen SEND services to avoid any loss of service.
• We reserve the right to terminate the subscription and withhold the provision of all SEND services if any of the terms and conditions of service are not complied with by you.

3.1 Use of the SENCO Support Service

• The purpose of this service is to provide relevant SENCO support resources to those that take out the SEND services and offer non-legal advice to users on operational and strategic aspects of leading and managing SEND in their education setting in England.
• The advice provided to the user is solely the opinion of nasen and does not constitute formal or legal advice.
• The subsequent actions of the user are their decision, and nasen will not be held accountable for any such actions.
• The subscription will grant the user access to the organisation’s SENCO Support Service “Information Hub” web page.
• If the member is unable to find the answer to a query on this page, they must complete the online form providing details of the assistance they need and they will be provided with a case number.
• The case number should be referenced against any further communication between the member and nasen regarding that query.
• If the query cannot be resolved via email, a member of staff from nasen will arrange a suitable time for the query to be discussed via telephone.
• In seeking to subscribe to this service, the member agrees to provide details of their education setting; including, but not limited to, name, postal address, telephone number and email address. Support cannot be given until this information has been received.
• Where a call has been agreed, nasen will call the member three times within the agreed allocated time slot.
• If the member does not answer their telephone by the third attempt, nasen will e-mail the user to advise that an attempt to call was made.
• It will be the member’s responsibility to re-arrange a suitable time slot for a subsequent phone conversation.
• Each query must be resolvable within 30 minutes otherwise nasen may suggest that the query is not suitable for the service and alternative input, such as nasen’s paid for consultancy service, may be required.
• The SENCO support service is subject to reasonable use which is described below:
  • As nasen is a charity, we are committed to being able to help as many people as we possibly can and to do this, we may need to manage the use of our Service by any individual. The Service operates a reasonable use policy. This means that, although you pay for access to our Service, nasen reserves the right to limit the amount of time per user.

     

    As a guide, the Service can typically provide up to approximately 6 hours of support over the twelve-month subscription period. This could include a range of email interaction and calls of up to 30 minutes at a time.

• We cannot provide legal representation or face-to-face support through this service. Face-to-face support can be requested separately and is subject to an additional fee.
• The subscription will belong to the individual who took out the membership of the education setting.
• If the member changes employment during their subscription the subscription remains with the member unless we are instructed by the member to transfer the service to a different individual at their current organisation.
• If an organisation purchases a number of Senco Support Service licences for individuals, the 12-month licence period for all individuals commences from the date the licence is granted to the first individual(s).

3.2 Use of the SEND CPD on Demand Subscription

• The contents of the pre-recorded and live webinars are the copyright of nasen.
• Any attempt to replicate the content of any webinar(s) is strictly prohibited and will result in the termination of the subscription and membership of the member.
• The subscription is provided on a 12-month licence period to an individual member or school/organisational member and will allow them access to a bank of recorded content. 
• If an individual member purchases a subscription, that member cannot allow others to use their log in details to watch any of the content available through the subscription. Sharing account details with non-subscribers is strictly prohibited.
• If a school or an organisation purchases a subscription, they do have unlimited user access. However, these users must all be based at the same postal address. For example, a Multi Academy Trust (MAT) must purchase one subscription per site school. A subscription must not be shared with other users based elsewhere. 
• A Primary User is the main point of contact for the subscriptions. It is the school or organisation's responsibility to update us with any changes to the Primary User. The Primary User will receive an email inviting them to renew the school's subscription up to one month prior to the end date
• A Primary User will be able to submit additional usernames and email addresses to the subscription once a term. The subscription end date for any individuals added after the original purchase of the subscription will remain the same as the Primary User.  
• If a school or organisation subscription is purchased, the 12-month licence period for all individuals commences from the date the licence is paid for. 
• Logging in via multiple devices, using the same details at the same time is not allowed nor possible. Logging in via a different device will automatically log the user out of their previous device.
• We may suspend your right to access the content, or terminate your subscription without notice or refund for cause effective as set forth below:
  • (i) If we determine, in our sole discretion, there is evidence of fraud with respect to your account; and
  • (ii) You seek to hack, copy the copyrighted material, or share your subscription with non-subscribers.
• Your access to the subscription may be suspended from time to time by nasen, without any liability to nasen from you, due to:
  • (i) scheduled downtime to permit us to conduct maintenance or make modifications to the subscription;
  • (ii) unanticipated or unscheduled downtime or unavailability of any portion or all the content for any reason, including because of power outages, system failures or other interruptions; and
  • (iii) in the event of a denial-of-service attack or other attack on the service; and
  • (iv) any other event that we determine, in our sole discretion, may create a risk to the applicable subscription, to you or to any of our customers if the subscription was not suspended.
• To the extent we are able, we will endeavour to provide you with email notice of any subscription suspension or interruption, and to post updates on the nasen website regarding resumption of the subscription following any such suspension but shall have no liability for the manner in which we may do so or if we fail to do so.
• nasen does not warrant that the subscription offerings will function as described, will be uninterrupted or error-free. We shall not be responsible for any service interruptions, including without limitation, power outages, system failures or other interruptions, including those that affect the receipt, processing, acceptance, completion or settlement of any payment services.
• No advice or information obtained by you from us or from any third party or through the services shall create any warranty not expressly stated in these Terms and Conditions.
   

3.3 Use of the Recognised Teacher of SEND / Recognised Practitioner of SEND Programme

• The contents of the pre-recorded and live webinars are the copyright of nasen.
• Any attempt to replicate the content of any webinar(s) is strictly prohibited and will result in the termination of the Recognised Teacher of SEND / Recognised Practitioner of SEND Programme and membership of the member.
• The Recognised Teacher of SEND / Recognised Practitioner of SEND is provided on a 12-month licence period to an individual member and will allow them access to Webinars, recordings of Webinars and resources on an individual basis.
• The member cannot allow others to use their membership to watch or take part in the Webinars. Sharing account details with non-subscribers is strictly prohibited.
• Logging in via multiple devices at the same time is not allowed nor possible. Logging in via a different device will automatically log the user out of their previous device.
• We may suspend your right to access the webinar, or terminate your subscription without notice or refund for cause effective as set forth below:
  • (i) If we determine, in our sole discretion, there is evidence of fraud with respect to your account; and
  • (ii) You seek to hack, copy the copyrighted material, or share your subscription with non-subscribers.
• Your access to the Recognised Teacher of SEND / Recognised Practitioner of SEND Programme may be suspended from time to time by nasen, without any liability to nasen from you, due to:
  • (i) scheduled downtime to permit us to conduct maintenance or make modifications to the Recognised Teacher of SEND / Recognised Practitioner of SEND Programme service;
  • (ii) unanticipated or unscheduled downtime or unavailability of any portion or all the Recognised Teacher of SEND / Recognised Practitioner of SEND Programme services for any reason, including because of power outages, system failures or other interruptions; and
  • (iii) in the event of a denial-of-service attack or other attack on the service; and
  • (iv) any other event that we determine, in our sole discretion, may create a risk to the applicable Recognised Teacher of SEND / Recognised Practitioner of SEND Programme service, to you or to any of our customers if the Recognised Teacher of SEND / Recognised Practitioner of SEND Programme service was not suspended.
• To the extent we are able, we will endeavour to provide you with email notice of any Recognised Teacher of SEND / Recognised Practitioner of SEND service suspension or interruption, and to post updates on the nasen website regarding resumption of the Recognised Teacher of SEND / Recognised Practitioner of SEND Programme service following any such suspension but shall have no liability for the manner in which we may do so or if we fail to do so.
• nasen does not warrant that the Recognised Teacher of SEND / Recognised Practitioner of SEND Programme service offerings will function as described, will be uninterrupted or error-free. We shall not be responsible for any Recognised Teacher of SEND / Recognised Practitioner of SEND service interruptions, including without limitation, power outages, system failures or other interruptions, including those that affect the receipt, processing, acceptance, completion or settlement of any payment services.
• No advice or information obtained by you from us or from any third party or through the services shall create any warranty not expressly stated in these Terms and Conditions.

4.  Premier SEND Support Service  - Service Withdrawn

5. Access to SEND services and events by International Members

• nasen’s paid for SEND services are only available to overseas customers if they hold current International nasen membership.
• International members purchasing the SEND CPD on Demand should note that the timings of webinars take place at GMT/BST. If you are unable to access a live webinar due to international time differences, you will be able to access a recorded version.
• Webinars and Events are delivered via one video platform only. It is an international members responsibility to ensure they can access this video platform prior to purchasing a SEND service or Event as country specific restrictions to our video platform may exist.
• Webinars and the support offered through the SENCO support service are based on the English education system and English legalisation around SEND which might differ significantly to the legal and educational contexts of the member’s country of residence.
• Any costs incurred by usage of the SEND services or attendance at events are the responsibility of the international member and will not be paid by nasen.
• No hard copy of the nasen Connect magazine will be posted to international members.

6. Paid for Events, Training and Resources

• Any paid for Events, Training or Resources shown on the nasen website will only be released to members on receipt of full payment.
• Paying for an Event or Training allows the member only to access the event/ training and/ or the recording of such an event.
• For face-to-face events and training members will only be allowed to attend if they have paid the fee in full.
• Such access must only be used by an individual and the content of any such Event, Training or Resources are the copyright of nasen and must not be copied or shared.
• Members cannot allow others to use their membership to watch or take part in and Event or Training. Sharing account details with non-subscribers is strictly prohibited.
• Logging in via multiple devices at the same time is not allowed nor possible. Logging in via a different device will automatically log the user out of their previous device.

7. Online Continuing Professional Development (CPD) units

• Free membership to nasen is required to access the series of online Continuing Professional Development (CPD) units.
• There is a requirement to be logged into your free nasen or Whole School SEND account to access these online units.
• The learning management system is hosted by Real Group, who are data sub-processors.
• nasen remains the Data controller, within the existing terms of nasen and whole school SEND free membership.

8. Cancellation of membership

8.1 Free Membership

• Free Membership can be cancelled at any time by a member from the Members Page via the manage my subscription option.
• Where a free Membership is cancelled a member will immediately lose all access to their membership and any paid for SEND Services, Resources and Events.
• Once a member informs nasen that they wish to cancel their membership, nasen will remove all details of that member from its database within two weeks of cancellation.

8.2 Cancellation of Paid for SEND Services

• If a member changes their mind about a paid for SEND service (as defined in Section 3) after the member has purchased the service, the member may cancel this agreement at any time within fourteen days after they were given access to the service and receive a full refund of amounts paid for the SEND service.
• If a member changes their mind after this time, they may cancel their SEND service but will not be provided with a refund of amounts paid but will still retain access to the SEND service until the end of the 12-month period.
• Nothing within these terms and conditions mitigate you’re a member's rights for a refund where we have breached a material term set out in these Terms and Conditions or are otherwise required by law.
• Where we refund money to a member (either because we are obliged to or otherwise agree to), we will refund any money received to the account or payment method originally used by the member to pay for the purchase.

8.3 Cancellation of International Membership

• If a member changes their mind about a paid for International Membership, (as defined in Section 2) after the member has purchased it, they may cancel this agreement at any time within fourteen days after they were given access to the service and receive a full refund of amounts paid.
• If a member changes their mind after this time, they may cancel their International Membership, but will not be provided with a refund of amounts paid but will still retain access to your International Membership until the end of your 12-month period.
• Nothing within these terms and conditions mitigate an individual’s rights for a refund where we have breached a material term set out in these Terms and Conditions or are otherwise required by law.
• Where we refund money to an international member (either because we are obliged to or otherwise agree to), we will refund any money received to the account or payment method originally used by the member to pay for the purchase.

8.4 Cancellation of a Paid for Event and Training

• If a member changes their mind about attending, either virtually or in person, a paid for Event or Training (as defined in Section 5) after they have purchased it, they may cancel their order at any time fourteen days before the event / training date and receive a full refund.
• Nothing within these terms and conditions mitigate your rights for a refund where we have breached a material term set out in these Terms and Conditions or are otherwise required by law.
• Where we refund money to you (either because we are obliged to or otherwise agree to), we will refund any money received from you using the same method originally used by you to pay for your purchase.

9. Our Contract with You, Dispatch and Delivery

• Our acceptance of your order for a SEND service or event place will be when we confirm to you that your order has been accepted, after we receive your payment. No service subscription or event ticket will be dispatched by nasen until payment has been received in full.
• Unless we have agreed a time for delivery of paid for services or event places, we agree to deliver all such benefits, products and publications without undue delay (and, in any event, not more than 30 days) following receipt of payment in full.
• Unless we have agreed otherwise, the method for delivery of SEND services or event places will be at our sole discretion. The place of delivery will be the main address that you have supplied to us on record, unless explicitly stated at the time a specific order is made.
• If the Products delivered to you do not include all the Products that you ordered in any order or include incorrect products, we ask that you inform us as soon as possible so that we can address any issues promptly.
• Our responsibility for loss or damage suffered by you as a result of late, incomplete or incorrect delivers is limited to the price of the Products not delivered or the cost of replacing such Products, together with any other losses that, at the time of entering into this contract were obvious to both you and us or you and us both knew might happen (for example, you mentioned it to us at the time you placed the order).

10. Products

• Products are defined as: webinars, publications, and other content/information that nasen provides as part of its membership or SEND services offer.
• nasen does not provide any guarantee as to the accuracy and/ or quality of the products we produce.
• Products containing information are correct at the point of publication, unless otherwise stated. nasen will update products and publications from time to time, however purchasers are not entitled to free content updates after the date of delivery, or revised editions of previous purchases.
• nasen takes no responsibility for third party sales of products. Any dispute must be taken up directly with the publisher.
• Purchasers are not entitled to make copies of any products. nasen exclusively owns and controls the copyright of our product range.
• Application of the content in nasen products is at the sole discretion of the purchaser. nasen accepts no liability in any claim resulting from the use of our content.
• Nothing in this clause affects your legal rights to require a refund, repair, or replacement (for example, where the produced or publication that we provide is faulty or mis-described).

11. Events and Training

• Event and training places are only secured upon receipt of payment.
• nasen reserves the right to limit the number of applications per organisation for any event and/or training. Where the number of applications submitted exceeds this set figure, the remaining applicants will be dealt with at our discretion.
• Where applications are made to fully booked events and/or training, it may be possible for the applicant to be added to a waiting list. These waiting lists will be created at our discretion.
• Please note that we cannot guarantee places at nasen events or training as places are limited. Where possible nasen members will receive notification of new events/ training prior to them being promoted to the general public, but we would advise members to book early to avoid disappointment.
• In the event of cancellation, nasen bears no responsibility for any loss incurred by delegates for transport, replacement staffing or accommodation relating to the cancelled event and/ or training.
• nasen reserves the right to make changes to event and training programmes without notice.
• Event and training bookings may be cancelled at our discretion if the work of the applicant is no longer compatible with that of nasen. A full refund of any price paid will be made in respect of events which we cancel.
• The terms and conditions detailed here are not exhaustive. Further conditions may be stipulated on event or training booking forms and will vary depending upon the nature and setting of the event or training.

12. Our Liability in relation to Membership, SEND Services, Events, Training and Resources

• We shall not be liable to you for any losses except losses that, at the time of entering this contract:
  • were obvious to both you and us; or
  • you and we both knew might happen.
• Nothing within these terms and conditions exclude or limits in any way our liability:
  • For death or personal injury caused by our negligence;
  • Under the Consumer Rights Act 2015 or any other legislation affording rights to consumers which cannot be contracted out of;
  • For fraud or fraudulent misrepresentation; or
  • For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
• Where you buy any goods or services from a third-party seller through our Website, that seller’s liability will be set out in the seller’s terms and conditions.

13.Complaints

• You have the right to complain at any time to nasen if you are unhappy with any element of a service or product. Please send all complaints to membership@nasen.org.uk with as much information as possible and we will respond directly to you on the matters you have raised.

14. Notices

• All notices given by you to us must be given to nasen at our postal address or via email at dpo@nasen.org.uk, detailed at the start of these Terms and Conditions. We may give notice to you at either the e-mail or postal address you provide to us when joining nasen or making a booking
• Notices will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.
• In proving the service of any notice by nasen, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

15. Events Outside Our Control

• We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations or the cancellation of any membership, SEND service or Event, that is caused by events outside our reasonable control (a “Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes in particular (without limitation) the following:
  • Strikes, lockouts or other industrial action;
  • Health crisis’s or pandemics impacting the United Kingdom;
  • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster;
  • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • Impossibility of the use of public or private telecommunications networks; or
  • The acts, decrees, legislation, regulations or restrictions of any government.

16. Severability

• If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

17. Entire Agreement

• These Terms and Conditions represent the entire agreement between us in relation to the subject matter of a booking and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

18. Our Right to Vary these Terms and Conditions.

• We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our organisation, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
• You will be subject to the policies and Terms and Conditions in force at the time that you book an Event from us, purchase or renew a membership or a SEND service, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the order).

19. Law and Jurisdiction

• These Terms and Conditions are governed by the Laws of England and Wales and any disputes arising under or in connection with them will be subject to the exclusive jurisdiction of the English Courts.