Macmillan Affiliate Membership terms and conditions
1. WHO WE ARE
1.1 Our Details: Macmillan Cancer Support is a registered charity in England and Wales (261017), Scotland (SC039907) and the Isle of Man (604) and a company limited by guarantee, registered in England and Wales company number 2400969, Isle of Man company number 4694F, whose registered office is at 3rd Floor, Bronze Building, The Forge, 105 Sumner Street, London, SE1 9HZ (“Macmillan” “we”, “us” and “our”).
1.2 Your Details: Your full name and address are as set out in your individual application for membership as a Macmillan Affiliate (defined below) as updated by you from time to time in accordance with these Terms (“you” and “your”).
1.3 Contact us: If you have any questions about these terms and conditions or to contact us, email AffiliateMemberSupport@macmillan.org.uk.
2. OUR CONTRACT WITH YOU
2.1 On applying for membership as an affiliate with Macmillan to engage with us and promote and enhance your knowledge and skills in cancer care (“Macmillan Affiliate”), you will need to click a tick box to indicate your acceptance of these terms and conditions and provide us with the appropriate consent to process your personal data for the purposes of your Macmillan Affiliate membership.
2.2 Membership as a Macmillan Affiliate is free and available to any health and social care professional in the UK who meets the criteria set out in the application process and are not Macmillan Professionals. However, we may reject any application at our discretion, including if it does not fulfil our acceptance criteria, we believe you have broken any of our terms and conditions previously, or we believe for any reason you are not suitable for the role of a Macmillan Affiliate. We will inform you at the end of the online application process if you have been accepted as a Macmillan Affiliate.
Our acceptance of your Macmillan Affiliate application takes place when we send an email to you confirming this, at which point a legally binding contract will come into existence between Macmillan and you for your membership as a Macmillan Affiliate (“Contract”) which incorporates these terms and conditions.
For the avoidance of doubt, Macmillan reserves the right to terminate the Membership if you no longer meet our acceptance criteria.
2.3 Your application and membership as a Macmillan Affiliate is personal to you and cannot be made on behalf of or transferred to anyone else, including anyone who is covering you in your absence. You agree not to let anyone else use the rights given to you under this Contract.
2.4 You agree and accept that membership as a Macmillan Affiliate is wholly or mainly for use in connection with your business or profession as a health and social care professional. You agree and accept that you are contracting with us in a business to business context and not as an individual consumer. A copy of these terms and conditions as updated from time to time is available on our Macmillan Affiliate membership online platform.
2.5 We reserve the right to make changes to this Contract at any time and will notify you of any changes by email or publication on the Macmillan Affiliate membership platform.
2.6 You warrant that the information given to us in your application is true and accurate and you will update us if there is any change to your details at any time.
3. MACMILLAN AFFILIATE BENEFITS AND PRINCIPLES:
3.1 We value the contribution that a Macmillan Affiliate makes to support people living with cancer. We will support you in doing this by providing you with regular access to resources, content, tools and other benefits which are listed on and available via Macmillan’s Affiliate membership webpage at https://membership.macmillan.org.uk.
3.2 In return for your benefits as a Macmillan Affiliate, you agree to abide by the Macmillan Affiliate principles available when supporting people living with cancer.
4. YOUR OBLIGATIONS TO US:
4.1 You agree to do the following:
4.1.1 Undertake learning, development, networking and engagement opportunities available as part of the Macmillan Affiliate membership to enhance your knowledge and skills to deliver a good experience to, and advocate for, people living with cancer;
4.1.2 support people living with cancer in being directed to the best support resources including signposting and/or referring people to Macmillan’s support services locally and/or nationally and other support services as appropriate;
4.1.3 promote within your networks and undertake Macmillan’s learning and development opportunities; and
4.1.4 provide anonymised feedback, information and data to Macmillan when requested.
5. DISPLAYING MACMILLAN’S SIGNAGE:
5.1 You are encouraged to display Macmillan information and signpost people with concerns about cancer to Macmillan’s information services and helpline. For this purpose, Macmillan gives you a free, non-exclusive, non-sublicensable, revocable licence to use its name and logo solely as set out in the benefits and principles available. This licence will end when this Contract terminates or expires.
6. NOT A MACMILLAN SERVICE OR MACMILLAN PROFESSIONAL
6.1 Membership as a Macmillan Affiliate is not deemed to be a “Macmillan professional” or a “Macmillan service” and therefore you must not any time refer to yourself as such or wear a Macmillan badge other than the Macmillan Affiliate pin badge we provide to you.
6.2 We will not be responsible for any costs associated with your employment and you agree that you are not an employee of Macmillan and will not hold yourself out as such, nor state that you, your service or your opinions represent Macmillan.
7. HANDLING OF DONATIONS:
7.1 You must pass onto us any payments or donations including legacies that you reasonably believe the donor intended to be for Macmillan.
7.2 You must not open or hold any accounts for the purposes of receiving money that is donated for or raised in the name of “Macmillan Cancer Support”, “Macmillan Cancer Relief”, “Macmillan Nurses” or any other names which include the word “Macmillan”; nor will you request or keep money, includes legacies intended for us or given to your employees or representatives on our behalf.
8. REVIEWS AND COMPLAINTS HANDLING:
8.1 We may informally monitor the quality of any service you give to people affected by cancer. Any concerns identified will be raised immediately with you and all efforts will be made to resolve any issues. If Macmillan continues to have concerns, Macmillan reserves the right to terminate this Contract with immediate effect.
8.2 With the consent of the complainant, we will notify you if we receive a complaint about you. Macmillan will refer the complainant to you while in parallel following Macmillan’s complaints system.
8.3 You must immediately report to Macmillan any complaints you receive which refer to Macmillan and the outcome of the complaints.
8.4 You agree to tell us if you are subject to an investigation by a health or social care regulator in the UK or abroad or if your fitness to practice is impaired for any reason.
9. PUBLICITY AND CONTACT WITH THE MEDIA:
9.1 You will not refer to Macmillan in any contact you or your service has with the media without express prior permission from Macmillan and approval of any statement or reference to our name by our press team. Any media requests are managed on a case by case basis.
10. DATA PROTECTION:
10.1 You will provide us with your personal data on registration and tell us about any changes to these details via the Macmillan Affiliate membership platform so that we can contact you about your membership and in accordance with your marketing consent and contact preferences.
10.2 We will process your personal data in accordance with applicable data protection laws and our privacy policy which is available here Privacy policy. Our cookies policy is available here: How We Use Cookies.
10.3 You agree not to share anyone else’s personal data with us when you provide us with any information or data under this Contract.
11. INTELLECTUAL PROPERTY:
11.1 All intellectual property rights in any property of Macmillan (including the Macmillan name and logo) remain the exclusive property of Macmillan and any goodwill accruing from their use will be owned by Macmillan.
11.2 All intellectual property rights arising in any materials or outputs created by or on behalf of you as a result of this Contract, or in your name and logo, will be retained by you. However, you grant us a perpetual non-exclusive royalty-free licence to use for our non-commercial purposes any materials, information or data you provide to us.
12. LIABILITY, INDEMNITY AND INSURANCE
12.1 You will ensure that all your activities as a Macmillan Affiliate are carried out in accordance with best practice and applicable law to avoid any loss, damage or injury to persons or property.
12.2 Any goods or services we provide to you as part of your Macmillan Affiliate membership benefits are for your own purposes as a health and social care professional and you agree not to make them available to anyone else or for resale purposes.
12.3 Macmillan does not accept any responsibility for any liability to you that may arise out of this Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, nor for any loss of profit or any indirect or consequential loss.
12.4 Macmillan will not be responsible for any consequences, direct or indirect that may arise from your activities, negligence or act or omission. You agree to indemnify and hold harmless Macmillan and its employees, officers and agents against any costs, claims, or liabilities including legal costs incurred by any of them as a result of any action, claim or complaint brought against them in connection with your activities, negligence or act or omission.
12.5 You will ensure you hold appropriate insurances for professional indemnity, public liability and employer’s liability (as appropriate) for your activities.
12.6 Nothing in this Contract limits any liability which cannot legally be limited including liability for:
(a) Death or personal injury caused by negligence;
(b) Fraud or fraudulent misrepresentation;
(c) Breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) Any matter which it would be unlawful for us to exclude or restrict liability.
12.7 This clause will survive termination of this Contract.
13. TERMINATION:
13.1 This Contract and your membership as a Macmillan Affiliate will continue until it is ended by either party. You can cancel your membership as a Macmillan Affiliate at any time via the Macmillan Affiliate membership platform.
13.2 We may end this Contract and cancel your membership immediately at our discretion at any time by giving notice to you by email for any reason, including if you (i) are inactive as a Macmillan Affiliate for period of 12 months; (ii) breach any of your obligations under this Contract; or (iii) you do or say anything which in our opinion could bring Macmillan into disrepute or in any material way damage its good name.
13.3 When this Contract ends: (i) you might continue to receive information from us about your Macmillan Affiliate membership for a period of up to 45 days while we remove your personal details from our database; and (ii) the rights given to you under this Contract end and you will no longer be allowed to display the Macmillan signage or information nor refer to yourself as a Macmillan Affiliate; and (iii) at our request you will return to us any of our information or materials we provided to you as part of your Macmillan Affiliate membership.
13.4 Any provision of this Contract that expressly or by implication is intended to come into or continue in force on or after this Contract ends will remain in full force and effect. Termination will not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of breach of this Contract which existed at or before the date of termination.
14. GENERAL PROVISIONS:
14.1 Notices: Any formal notice we need to give to you under this Contract will be sent electronically to the email address you have provided to us. If you need to give us formal notice under this Contract, you will need to send it to the following email address with the words ‘formal notice’ in the subject header and a read receipt required: AffiliateMemberSupport@macmillan.org.uk.
14.2 Compliance: You will comply with all applicable laws, statutes, regulations and codes relating to your activities as a health and social care professional including (where you are a business): (i) health and safety, safeguarding and employment legislation, regulations and statutory practice requirements; and (ii) the Bribery Act 2010, the Economic Crime and Corporate Transparency Act 2023, the Modern Slavery Act 2015, the Finance Act 2016 and the Criminal Finances Act 2017. If you are a business, you represent and warrant that you have and will maintain in place throughout the term of this Contract reasonable policies (including a Safeguarding policy) and procedures to ensure there is no modern slavery in your organisation or your supply chain, and to ensure your representatives do not engage in bribery or tax evasion or facilitate tax evasion.
14.3 Severance: each Clause in this Contract operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable the remaining Clauses will remain in full force and effect.
14.4 Waiver: Failure to insist upon strict performance of this Contract, or failure to exercise any right or remedy to which a party is entitled will not constitute a waiver. A waiver of any default will not constitute a waiver of any subsequent default. No waiver of any of the provisions of this Contract will be effective unless it is expressly stated to be a waiver and communicated to the other party in writing.
14.5 Suspending Access and Changing Benefits: We may suspend access to our membership systems and platform to deal with technical problems, make technical changes or improvements and update any digital content. We may withdraw or change membership benefits at any time at our discretion.
14.6 No Partnership or Joint Venture: This Contract is not a legal partnership or joint venture of any kind between you and Macmillan and neither party shall have authority to act in the name of or on behalf of or otherwise to bind the other in any way.
14.7 Third Party Rights: Nothing in this Contract is enforceable by anyone other than you and us.
14.8 Entire Agreement: This Contract is the entire agreement between Macmillan and you and supersedes any previous agreement in relation to its subject matter. No other terms are implied and you acknowledge that you have not relied on anything which is not set out in these terms and conditions.
14.9 Governing Law and Jurisdiction: This Contract will be governed and construed in accordance with the law of England & Wales and is subject to the exclusive jurisdiction of the courts of England & Wales.