Terms and Conditions
ADEY ProClub (“ADEY ProClub”)
These terms, as amended from time to time (“ADEY ProClub Terms”) apply to the ADEY ProClub operated by ADEY Innovation Limited (“ADEY”) and membership of it. Please read these terms carefully. We recommend that you print a copy for future reference.
These Terms were last updated on 28th June 2022.
For
the avoidance of doubt your attention is drawn to paragraphs 3.5, 7, 10 and 13.6
of the ADEY ProClub Terms.
In addition to the ADEY
ProClub Terms the use of the Online Facility (defined below) is subject to
ADEY’s Privacy Policy, which can be found here: https://www.adey.com/privacy-policy,
and ADEY’s Cookies Policy which can be found here: https://www.adey.com/cookies-policy
1. Member eligibility
1.1 ADEY ProClub is a loyalty
and reward scheme (“Scheme”)
operated by ADEY. The Scheme is only open to installers, heating engineers,
plumbers and other professionals who work in the central heating and plumbing
(or a directly related) industry in the United Kingdom.
1.2 The Scheme is operated to
provide various benefits to its members (“Members”) in the form of, amongst other things, education
& training, marketing tools, information and incentives regarding ADEY
products and services and in relation to sector best practice.
1.3 The following are not
eligible to participate in the Scheme:
1.3.1
Employees and agents of ADEY and its affiliates and subsidiaries, and their
employees’ and agents' family members;
1.3.2
For the avoidance of all doubt, anyone who receives or has received ADEY
contract support for any MagnaClean Filter may be a Member but will not be
eligible for reward points in respect of the ADEY products purchased using such
ADEY contract support.
1.4 Membership is free of
charge.
1.5 Membership and the Scheme
benefits (“Benefits”)
are personal to a Member and are not transferrable.
2. Registration
2.1 Registration to become an ADEY
ProClub Member can be made online at https://www.adeyproclub.com or via the ADEY
ProClub App.
2.2 Membership is only open to
persons who fulfil the requirements outlined in paragraph 1 above.
2.3 Subject to paragraph 2.9,
membership is limited to a maximum of one account per person. ADEY shall be
entitled to delete any accounts where a Member has more than one account in
breach of these terms.
2.4 In submitting an
application for Membership, an applicant:
2.4.1
agrees and acknowledges that any Membership shall be subject to the ADEY
ProClub Terms from time to time;
2.4.2
warrants that they meet the eligibility requirements above and that the
information they provide to ADEY during the registration process is complete,
true, and accurate.
2.5 Members are responsible
for ensuring that at all times their business and contact details held by ADEY
are current and accurate. This can be done via the Online Facility (as defined
below) or by calling ADEY on +44 1242 546700 during working hours (Monday to
Friday 08.30 to 17.00).
2.6 ADEY may in its absolute
discretion refuse to accept an application for Membership or to allow
Membership pursuant to such an application.
2.7 Where a Member’s account is linked to an
administrator’s account for their employer or principal (for example, where the
Member is acting as a sub-contracted installer/engineer on behalf of another
company) the Member understands and agrees that ADEY shall be entitled to share,
with the account owner (i.e. the company the Member is contracted to) the
information uploaded by the Member into the ADEY ProClub (relating to MagnaClean
Professional3 warranty registrations) or the ADEY ProCheck (relating to test
results from tests performed by the Member) application. The Member accepts that, subject to the data
ownership provisions of these terms, any data uploaded by them when logged in
to an account linked to an administrator’s account shall be under the control
of the company to which the account is linked, and not the Member.
2.8 In addition to the
statement in paragraph 2.7 above, the Member accepts that where their account
is linked to an administrator’s account for their employer or principal, and
the employer or principal removes the Member from their account, the Member
will lose access to all data then stored on that account and ADEY shall have no
liability to the Member arising from this.
2.9 Where a Member acts as
both a sub-contracted installer/engineer on behalf of another company, as well
as for their own account, that Member shall be entitled to create an account
for themselves and for each company they provide sub-contracting services to. In these situations, it is the Member’s
responsibility to ensure they are using the correct account for the work they
are undertaking. ADEY will have no
liability to the Member if the Member makes use of the wrong account and loses
access to any information on that account because the administrator of the
account has removed their access or rights.
2.10 By registering an account
via ADEY Sense we will automatically
create an account for you for ADEY ProCheck, and you will be able to access ADEY
ProCheck using the same login details as you use for accessing ADEY Sense.
3 The ADEY ProClub Online
Facility (“Online Facility”)
3.1 Once you are a Member, an
account (“Account”) will
be created for you giving you access to the Online Facility. Usernames and
passwords to access your Account and therefore the Online Facility, will be
delivered to you once you are registered as a Member.
3.2 You are responsible for
maintaining the confidentiality of your Account password and details and for
any activities that occur under your Account.
3.3 ADEY shall not be liable
to any person for any loss or damage which may arise as a result of any act or
omission by you including but not limited to failure by you to protect your
Account’s password or other details or for the misuse, use or access to your
Account (whether or not authorized).
3.4 ADEY shall be entitled to
disable any user identification code or Account password chosen by you or
allocated by us, if in our reasonable opinion you have failed to comply with
the ADEY ProClub Terms.
3.5 ADEY does not guarantee
that any specific functionality, or aspect, of the Online Facility will be
available at all times, or on a permanent basis. ADEY shall have no liability to any Member in
respect of any functionality that is removed, or unavailable, at any time.
3.6 ADEY does not guarantee
that the Online Facility will always be available or be uninterrupted.
4. Special Offers
4.1 ADEY may, in our absolute
discretion, make special offers or promotions (“Special Offers”) to Members in relation to our product(s)
from time to time.
4.2 The terms which apply to
any Special Offers shall be as published from time to time.
5. ADEY ProClub Points (“Points”)
5.1 This paragraph 5 outlines
how a Member is able to accrue Points on their Account, how those Points can be
redeemed, the value attributable to the Points and how any accrued Points may
be lost or forfeit.
5.2 ADEY may in our
absolute discretion cease the awarding of Points at any time save that, except
as otherwise provided for in the ADEY ProClub Terms, any Points accrued up to
the time of such termination of the Scheme will be retained and free to use in
accordance with these ADEY ProClub Terms.
5.3 To accrue points you must
use the Online Facility to register warranties within 30 days of installation
for any of the following filters: MagnaClean Micro2, MagnaClean Professional2,
MagnaClean Atom and MagnaClean Professional3 Sense the “(MagnaClean Filters) and each a (MagnaClean Filter)”.
The MagnaClean Filter must be installed at an end user customer’s
premises.
5.4 For each fully and
accurately completed MagnaClean Filter warranty submitted by a Member via the
Online Facility in accordance with paragraph 5.3 above, that Member’s account
will be credited Points as calculated in accordance with paragraph 5.6 below.
5.5 Points credited to an account
are valid for a period of 12 months from the date on which they are shown as
available to the Member on their Account.
After this period has elapsed any unused Points may be removed from the
Member’s Account and ADEY shall not be liable to the Member in any way
resulting from such action. Members will
be notified in advance if any Points are going to be removed. Where a Member is
making use of their Points, in accordance with the process outlined below, ADEY
will debit the Points from the oldest points to the newest points.
5.6 Points shall
be awarded to a Member’s Account in accordance with the table below
Membership Level | Member | Associate | Partner | Pro Partner | Pro Partner+ |
MagnaClean Filter Warranty Registrations | 0 to 19 | 20 to 29 | 30 to 39 | 40 to 49 | 50+ |
MagnaClean Filter Warranty Points per Warranty Registration | 1 | 2 | 3 | 4 | 5 |
5.7 For the
avoidance of all doubt, the Points awarded in accordance with the table above
shall be tiered. For example, a
Pro-Partner+ having registered 60 MagnaClean Filter Warranties in a calendar
year will have accrued 159 Points (14 at Member level, 20 at Associate level,
30 at Partner level, 40 at Pro-Partner level and 55 at Pro-Partner+ level).
5.8 The Member’s Account level will be determined based on the
Points credited to the Member’s account on a rolling calendar year basis. A Member will be able to see their
current Account level in the Online Facility.
5.9 Each Point credited to a
Member’s account shall be worth 1 point in credit in the ADEY store which can
be found here: https://www.adeyproclub.com/rewards or if they have provided
proof of purchase of a MagnaCleanse, or registered a MagnaClean Professional 3
warranty within 30 days of installation, or carried out an Adey ProCheck test,
£1 in Love2Shop vouchers. Save for as
outlined in this paragraph Points have no cash value and may not be exchanged
by a winner for cash or any other item.
5.10 Love2Shop
vouchers come in denominations of £20, £25, or £30 so a Member will only be
able to exchange their Points for Love2Shop vouchers where they have sufficient
Points in their account to enable them to purchase one of the above referenced
denominations worth of Love2Shop vouchers.
Further details on the Love2Shop vouchers and how they can be redeemed
can be found here: https://www.highstreetvouchers.com.
Unless otherwise agreed, all vouchers will be provided electronically.
5.11 ADEY will
provide any Love2Shop vouchers to a Member as soon as reasonably possible after
it has received an order for them. ADEY,
or its nominated provider, will email them to the email address the Member has
provided as part of their registration for the Account . The Member should make sure to check any spam
or junk filters attached to their email address in case the email containing
the vouchers is held there. ADEY will
not be liable to the Member in the event the Love2Shop vouchers are not
received due to them being caught in a spam, or junk, filter (or any other
similar setup), or the email address listed on the Member’s Account is
inaccurate or out of date.
5.12 Points can only be used
by Members who are entitled to accrue Points in accordance with clause 5.3
above, who continue to meet the ADEY ProClub eligibility criteria in clause 1
above, and whose Membership has not been suspended. If a Member’s Membership is
terminated any Points accrued or which would otherwise accrue to that Member
will be voided/not credited and will not be available for
crediting/re-crediting in any circumstances.
5.13 For the avoidance of
doubt:
5.13.1
a Member shall not be entitled to any Points because of the purchase by them of
a MagnaClean Filter;
5.13.2
ADEY shall have no liability for any Points that are not credited where such
failure to credit is due to errors or inaccuracies in inputting the MagnaClean
Filter warranty information by the Member or where such warranty registrations
are incomplete, incomprehensible or illegible;
5.13.3
ADEY shall have no liability for any loss or damage, howsoever or whatsoever,
arising from or in connection with the use of, or inability to use, the Online Facility including, but not limited to, for the purpose of registering a MagnaClean
Filter warranty at a particular time or at all.
5.13.4
Each MagnaClean Filter may only have one warranty registered for it. Duplicate
warranty registrations will not be valid or, therefore, eligible for any Points
allocation. Any Points allocated will be on the first registered warranty
alone. If ADEY has reason to believe you
are attempting to register duplicate MagnaClean Filter warranties to increase
Points allocation then we may, at our sole discretion, suspend or terminate
your account without notice and without liability.
5.14 ADEY may at any time, and
at our sole discretion, run promotions exclusively for Members whereby
additional Points may be awarded to the Members’ Account. The terms and requirements for any such
promotion will be provided at the time of the promotion.
5.15 A Member is responsible
for any tax implications which may arise from their accrual and use of Points.
5.16 You agree that as a
condition of Membership any Points you accrue are personal to you and will not
be transferred to anyone else or used by anyone else.
6. Disclaimer
6.1 SPIRIT LEVEL – the spirit
level tool on the Online Facility is provided to you to assist you in
determining horizontal and vertical levels of a particular surface. Whilst ADEY has made reasonable efforts to
ensure the accuracy of the spirit level tool it is not meant as a replacement
for a professional quality spirit level.
Furthermore, the spirit level tool’s accuracy is entirely reliant on the
hardware within the phone or tablet on which it is being used operating and
functioning correctly, something over which ADEY has no control.
7. ADEY’s Liability
7.1
This paragraph sets out the entire financial liability of ADEY (including any
liability for the acts or omissions of their respective employees, agents and
subcontractor) arising under or in connection with the ADEY ProClub Terms.
7.2 Nothing in the ADEY
ProClub Terms shall limit or exclude ADEY’s liability for:
(a) death or
personal injury resulting from negligence; or
(b) fraud or
fraudulent misrepresentation; or
(c) anything
which may not be limited or excluded by law.
7.3 ADEY shall not under any
circumstances whatever be liable, whether in contract, tort (including
negligence) or restitution, or for breach of statutory duty or
misrepresentation, or otherwise, for any:
(a) loss of
revenue; or
(b) loss of
profit; or
(c) loss of
goodwill; or
(d) loss of
business; or
(e) loss of
business opportunity; or
(f) loss of
anticipated saving; or
(g)
loss or corruption of data or
information; or
(h) special, indirect or consequential damage
suffered that arises under or in connection with the ADEY ProClub Terms.
7.4 From time to time, ADEY
may place links to other websites and/or services on the Online Facility. Such links are provided for information only
and should not be interpreted as approval by ADEY of those linked website or
services. ADEY does not vet any such
websites or services and does not have any control over them. ADEY does not accept any liability in respect
of the use of these websites and/or services and the Members visits and makes
use of the same entirely at their own risk.
7.5 Without prejudice to
paragraph 7.2 and 7.3, ADEY's total liability arising under or in connection
with the ADEY ProClub Terms howsoever arising, shall in all circumstances be
limited to
(a) where the liability is insured, the relevant sum insured;
(b)
where the liability is not insured, £100.
8. Warranty Registrations
8.1
Via the Online Facility ADEY enables you to register and record warranties for ADEY
Products (as defined below) you have installed at an end user customer’s
premises.
8.2
The following ADEY filters benefit from an ADEY warranty (“ADEY Products”):
MagnaCleanse
MagnaClean TwinTech
MagnaClean Professional
MagnaClean Professional2XP
MagnaClean Professional2
MagnaClean Professional3 Sense
MagnaClean Micro
MagnaClean Micro2
MagnaClean Micro3
MagnaClean Atom
MagnaClean Atom2
MagnaClean Dual XP
MagnaClean Commercial 2”
MagnaClean Commercial 4”
MagnaClean Commercial 6”
MagnaClean Commercial 8”
8.3 All ADEY Product warranties are subject to the ADEY warranty terms
and conditions which can be found here: http://www.adey.com/warranty.
8.4
Where ADEY Product warranties are submitted outside of the Online Facility (for
example, in hard copy in the post or over the telephone) ADEY makes no
guarantees that such warranties will be linked to the relevant Member’s Account
and that Points will accrue to the Member in respect of those warranty
registrations.
8.5
Whilst ADEY uses reasonable efforts to ensure that any details recorded in
respect of an ADEY warranty are accurate, its liability for any inaccuracies
shall be to correct any inaccuracies that it is made aware of within a
reasonable time after having been made aware of them.
8.6
ADEY shall have no liability for any loss or damage, howsoever or whatsoever,
arising from or in connection with the use of, or inability to use, the Online
Facility including, but not limited to, for the purpose of registering an ADEY
Product warranty at a particular time or at all.
8.7
One ADEY Product may only have one warranty registered for it. Duplicate
warranty registrations will not be valid.
8.8 In registering an ADEY
Warranty via the Online Facility you warrant to ADEY that you have the
customer’s authority to register any such warranty and to provide ADEY with
that Customer’s personal data for the purposes of recording the warranty.
8.9 The Member shall indemnify
ADEY 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 ADEY arising out of or in
connection with any claim by a third party, including a customer, that ADEY did
not have authority to register a warranty or make contact with the relevant
customer regarding a registered warranty.
9.
Data and Data Protection
In this section “Data
Protection Legislation” means all applicable data protection and privacy
legislation in force from time to time in the UK including the retained EU law
version of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR);
the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder) and the Privacy and Electronic Communications
Regulations 2003 (SI 2003/2426) as amended and the guidance and codes of
practice issued by the Information Commissioner or other relevant regulatory
authority and applicable to a party.
9.1 All personal data relating
to you will be used by ADEY in accordance with its privacy policy which can be
found here: https://www.adey.com/privacy-policy
9.2 Where you use any of the
services available to you as an ADEY ProClub Member, ADEY will be the data
controller of that data.
9.3 Where we are acting as
your processor, for example where we store data relating to your customers on
your behalf, paragraphs 9.4 to 9.6 shall apply to that processing.
9.4 You will ensure that you
have all necessary appropriate consents and notices in place to enable lawful
transfer of the personal data to us for the duration and purposes of this
agreement.
9.5 We will:
(a) process that personal data
only on your written instructions (which this agreement shall be classed as)
unless we are required in law to otherwise process that personal data. Where we
are relying on a law as the basis for processing personal data, we shall
promptly notify you of this before the processing is undertaken, unless the law
in question prohibits us from giving you such a notification.
(b) ensure that we have in place appropriate technical and
organisational measures to protect against unauthorised or unlawful processing
of personal data and against accidental loss or destruction of, or damage to, personal
data. Such measures shall be appropriate
to the harm that might result from the unauthorised or unlawful processing or
accidental loss, destruction or damage and the nature of the data to be
protected, having regard to the state of technological development and the cost
of implementing any measures (those measures may include, where appropriate,
pseudonymising and encrypting personal data, ensuring confidentiality,
integrity, availability and resilience of its systems and services, ensuring
that availability of and access to personal data can be restored in a timely
manner after an incident, and regularly assessing and evaluating the
effectiveness of the technical and organisational measures adopted by us);
(c) ensure that all personnel who have access to and/or process personal
data are obliged to keep the personal data confidential;
(d) not transfer any personal data outside of the EEA unless the
following conditions are fulfilled:
(i) we have put in place appropriate
safeguards in relation to the transfer;
(ii) the data subject has enforceable rights
and effective legal remedies;
(iii) we have complied with our obligations
under the Data Protection Legislation by providing an adequate level of
protection to any personal data that is transferred; and
(iv) we comply with any reasonable
instructions notified to us in advance by you with respect to the processing of
the personal data;
(e) assist you, at your cost, in responding to any request from a data
subject and in ensuring compliance with your obligations under the Data
Protection Legislation with respect to security, breach notifications, impact
assessments and consultations with supervisory authorities or regulators;
(f) notify you without undue delay on becoming aware of a personal
data breach;
(g) at your written direction, delete or return personal data and
copies thereof to you on termination of the agreement unless required by any
law to store the personal data; and
(h) maintain complete and accurate records and information to
demonstrate our compliance with this clause.
9.6 You consent to ADEY appointing any third party processor of personal
data under this agreement. ADEY will
provide you with a list of any such third party processors upon request.
9.7 Save for as outlined
above, in respect of personal data, by using ADEY ProClub you acknowledge that
any data uploaded into any aspect of ADEY ProClub, whether directly on the
Online Facility or via any app made available to you by ADEY, belongs to ADEY
and you shall have no rights or interest in the data uploaded. ADEY shall be free to use such data as it
sees fit, as determined in its sole discretion and no royalties, commissions or
license fees will be payable to you for this data.
10. Acceptable Use Policy
10.1
Certain aspects of the Online Facility may allow a Member to interact with ADEY
and other users of the Online Facility (referred to as “Interactive
Features”). The terms below govern
your use of any such features.
10.2
Where a Member makes use of any Interactive Features they agree that they shall
not use such Interactive Features ·
In any way that breaches any applicable local, national or
international law or regulation. ·
In any way that is unlawful, or fraudulent, or has any unlawful or
fraudulent purpose or effect. ·
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any
material which does not comply with our content standards outlined below. ·
To transmit, or procure the sending of, any unsolicited or unauthorised
advertising or promotional material or any other form of similar solicitation
(spam).
To knowingly transmit any data, send or upload any material that
contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware,
adware or any other harmful programs or similar computer code designed to
adversely affect the operation of any computer software or hardware.
10.3 In using any Interactive Services the Members
understand and acknowledge that ADEY does not actively monitor or moderate the
content uploaded by Members. If a Member
has any concerns regarding any content uploaded, or the conduct of a Member in
using the Interactive Services they should email marketing@adey.com outlining
their concerns. ADEY shall deal with any
such reports in a timely and professional manner but makes no guarantees as to
any specific outcome or that the reporting Member will be kept informed as to
any action that may or may not be taken by ADEY in respect of any such report.
11. Content Standards
11.1 These content standards apply to any and all
material which you contribute to our site (“Contribution”),
and to any Interactive Services associated with it.
11.2 The Content Standards must be complied with in
spirit as well as to the letter. The standards apply to each part of any
Contribution as well as to its whole.
11.3 ADEY will determine, in its discretion,
whether a Contribution breaches the Content Standards.
11.4 Any Contribution must: ·
Be accurate (where it states facts). ·
Be genuinely held (where it states opinions). ·
Comply with the law applicable in England and Wales and in any country
from which it is posted.
11.5 A Contribution must not: ·
Be defamatory of any person. ·
Be obscene, offensive, hateful or inflammatory. ·
Promote sexually explicit material. ·
Promote violence. ·
Promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation or age. ·
Infringe any copyright, database right or trade mark of any other person. ·
Be likely to deceive any person.
Breach any legal duty owed to a third party, such as a contractual duty
or a duty of confidence.
Promote any illegal activity.
Be in contempt of court.
Be threatening, abuse or invade another's privacy, or cause annoyance,
inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation
with any person.
Give the impression that the Contribution emanates from ADEY, if this
is not the case.
Advocate, promote, incite any party to commit, or assist any unlawful
or criminal act such as (by way of example only) copyright infringement or
computer misuse.
Contain a statement which you know or believe, or have reasonable
grounds for believing, that members of the public to whom the statement is, or
is to be, published are likely to understand as a direct or indirect
encouragement or other inducement to the commission, preparation or instigation
of acts of terrorism.
Contain any advertising or promote any services or web links to other
sites.
11.6 Where ADEY considers that a breach of these
terms has occurred we may take such action as we deem appropriate which may
include, but not be limited to, the editing and/or deletion of the relevant
Content, the suspension and/or termination of the relevant Member’s Account and
the reporting of the Content to the necessary and appropriate authorities.
12. Suspension, Termination
and Consequences
12.1 You or ADEY may end your
Membership by giving notice in writing (which shall include email) to the other.
12.2 ADEY may, in our absolute
discretion, suspend the Scheme and, save as otherwise provided for in the ADEY
ProClub Terms, terminate it with immediate effect or otherwise.
12.3 Subject to paragraph 12.4,
a Member and ADEY shall have no further liability to the other following
termination of their Membership or the Scheme.
12.4 Termination of Membership
or the Scheme shall not affect any rights, remedies, obligations or liabilities
that have accrued up to the date of termination.
13. General
13.1 Without prejudice to
paragraph 5.14, ADEY may vary the ADEY ProClub Terms from time to time. Your
Membership will continue based on the ADEY ProClub Terms from time to time.
13.2 No one other than Members
and ADEY and ADEY’s successors and assignees, shall have any right to enforce
the ADEY ProClub Terms.
13.3 ADEY may at our
discretion at any time assign, transfer, charge, subcontract or deal in any
other way with any or all of its rights or obligations under the ADEY ProClub
Terms.
13.4 The ADEY ProClub Terms
from time to time and other terms referred to in them (“Terms”)
constitute the entire agreement between you and ADEY in relation to and
connection with the ADEY ProClub and the Points and supersede and extinguish
all previous agreements, promises, assurances, warranties, representations and
understandings between you and ADEY, whether written or oral. You agree that
you shall have no remedies in respect of any statement, representation,
assurance or warranty (whether made innocently or negligently) that is not set
out in the ADEY ProClub Terms.
13.5 ADEY may amend the ADEY
ProClub Terms from time to time. Every
time a Member wishes to make use of the Online Facility the Member should check
these ADEY ProClub Terms to ensure they understand the terms that apply at that
time. By continuing to make use of the
Online Facility the member is deemed to have agreed to any changes or updates
to these ADEY ProClub Terms.
13.6 The ADEY ProClub Terms
and their subject matter (and any non-contractual disputes or claims) are
governed by English law. You and ADEY agree to the exclusive jurisdiction of
the courts of England and Wales.
13.7 Any questions regarding the Scheme can be directed to us using the
contact details below:
ADEY Innovation Limited
(registered number 05001590), Unit 2, St Modwen Park, Haresfield, Stonehouse,
GL10 3EZ. proclub@adey.com. 01242 546700