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.
the avoidance of doubt your attention is drawn to paragraphs 3.5, 7, 10 and 13.6
of the ADEY ProClub Terms.
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.
2.1 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.
6.1 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”):
MagnaClean Professional3 Sense
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.
9.2 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 firstname.lastname@example.org 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.
13.1 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. email@example.com. 01242 546700