ADEY ProClub 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 March 2018.
For the avoidance of doubt your attention is drawn to paragraphs 3.6, 7, 10 and 11.6 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 the Pro2 product (as defined below) 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 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 Membership is limited to a maximum of one account per person.
2. In submitting an application for Membership, an applicant:
2..1 agrees and acknowledges that any Membership shall be subject to the ADEY ProClub Terms from time to time;
2..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 00 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 Members may hold only one ProClub account. ADEY shall be entitled to delete any ProClub accounts where a Member has more than one.
3 The ADEY ProClub Online Facility (“Online Facility”)
3.1 ADEY ProClub and website is managed by a third party appointed by ADEY and is accessible online through ADEY’s Online Facility https://www.adeyproclub.com
3.2 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.
3.3 You are responsible for maintaining the confidentiality of your Account password and details and for any activities that occur under your Account.
3.4 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).
3.5 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.
3.6 ADEY may update and change the Online Facility from time to time at its discretion. Furthermore ADEY may suspend access to the Online Facility, or any aspect of it, at its sole discretion and without liability to any Member.
3.7 ADEY does not guarantee that the Online Facility will always be available or be uninterrupted.
4. Special Offers
4.1 ADEY may, in its absolute discretion, make special offers or promotions (“Special Offers”) to Members in relation to its 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 its 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;
5.3.1 have purchased a MagnaCleanse RapidFlush filter and provided ADEY with proof of purchase of it, by email to firstname.lastname@example.org or by post to FAO: Telemarketing Team ADEY ProClub, UK Head Office, Gloucester Road, Cheltenham, GL51 8NR; and
5.3.2. use the Online Facility to register warranties for the MagnaClean Professional 2 (“Pro2”). The Pro2 must be installed at an end user customer’s premises.
5.4 For each fully and accurately completed Pro2 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 2 calendar years 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||Member+||Associate||Partner||Pro Partner||Pro Partner+|
|Pro2 Warranty Registrations||0 to 5||6 to 19||20 to 29||30 to 39||40 to 49||50+|
|Points per Pro2 Warranty Registration||0||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 Relevant Product 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.adey.com/rewards or £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 minimum denominations of £5 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 £5 or multiples of £5, worth of Love2Shop vouchers. Further details on the Love2Shop vouchers and how they can be redeemed can be found here: https://www.highstreetvouchers.com/.
5.11 ADEY will post any Love2Shop vouchers to a Member as soon as reasonably possible after it has received an order for them. ADEY will post them to the address the Member has provided as part of their registration for the Account and will use, as a minimum, recorded delivery for this purpose. ADEY will not be liable to the Member in the event the Love2Shop vouchers are lost in the post, not successfully delivered or the 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 paragraph 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 Pro2;
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 Pro2 warranty information by the Member or where such Pro2 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 Pro2 warranty at a particular time or at all.
5.13.4 One Pro2 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 Pro2 warranties to increase Points allocation then it may, at its sole discretion, suspend or terminate your account without notice and without liability.
5.14 ADEY may at any time, and at its 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. Adey Find An Installer
6.1 Contact details for all Members will be listed on our Find An Adey Installer page at adey.com/findaninstaller whereby members of the public can contact an Adey Installer for the purpose of work they need doing.
6.2 A Member can request to be removed from this page at any time by notifying email@example.com.
7.1 PRODUCT SELECTOR – the product selector tool on the Online Facility is provided to you as a means of assisting you in selecting which ADEY product may be most suitable for a given need or situation. ADEY makes no warranties or guarantees as to the accuracy or otherwise of the results generated by the product selector. ADEY accepts no liability to you for any losses you may suffer as a result of your reliance on the information provided by the product selector. By using the product selector you acknowledge ADEY’s lack of liability together with the fact that:
(a) it is not a substitute for seeking the appropriate professional and technical support in respect of any given situation, ADEY product or any other manufacturers’ products to which the ADEY product may be used in conjunction with;
(b) the results produced by the product selector are entirely dependent on the information you input into the service and ADEY has no control over the input of such information; and
(c) the products contained within the product selector may not represent the entire range of ADEY products available at the time the selector is used.
7.2 SAVINGS CALCULATOR - the savings calculator tool on the Online Facility is provided to you as a means of assisting you in determining the potential savings a customer may be able to achieve by using certain ADEY products in their heating system. ADEY makes no warranties or guarantees as to the accuracy or otherwise of the results generated by the savings calculator. The results generated by the savings calculator DO NOT amount to financial advice or guidance and must not be seen or used as such. ADEY accepts no liability to you for any losses you may suffer as a result of your reliance on the information provided by the savings calculator. By using the savings calculator you acknowledge ADEY’s lack of liability together with the fact that the results produced by the savings calculator are entirely dependent on the information you input into the service and ADEY has no control over the input of such information.
7.3 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.
8. ADEY’s Liability
8.1 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. It is without prejudice to paragraphs 5.13.2, 6, 9.5 and 11.
8.2 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.
8.3 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 profit; or
(b) loss of goodwill; or
(c) loss of business; or
(d) loss of business opportunity; or
(e) loss of anticipated saving; or
(f) loss or corruption of data or information; or
(g) special, indirect or consequential damage suffered that arises under or in connection with the ADEY ProClub Terms.
8.4 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.
8.5 Without prejudice to paragraph 8.2 and 8.3, 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.
9. Warranty Registrations
9.1 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.
9.2 The following ADEY filters benefit from an ADEY warranty (“ADEY Products”):
MagnaClean Dual XP
MagnaClean Commercial 2”
MagnaClean Commercial 4”
MagnaClean Commercial 6”
MagnaClean Commercial 8”
9.3 All ADEY Product warranties are subject to the ADEY warranty terms and conditions which can be found here: http://www.adey.com/warranty.
9.4 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 Pro2 warranty registrations.
9.5 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.
9.6 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.
9.7 One ADEY Product may only have one warranty registered for it. Duplicate warranty registrations will not be valid.
9.8 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.
9.9 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.
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 understands and acknowledges 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.
10.4 These content standards apply to any and all material which you contribute to our site (“Contribution”), and to any interactive services associated with it.
10.5 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.
10.6 ADEY will determine, in its discretion, whether a Contribution breaches the Content Standards.
10.7 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.
10.8 A Contribution must not:
Be defamatory of any person.
Be obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
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.
10.9 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.
11. Suspension, Termination and Consequences
11.1 You or ADEY may end your Membership by giving notice in writing (which shall include email) to the other.
11.2 ADEY may, in its absolute discretion, suspend the Scheme and, save as otherwise provided for in the ADEY ProClub Terms, terminate it with immediate effect or otherwise.
11.3 Subject to paragraph 11.4, a Member and ADEY shall have no further liability to the other following termination of their Membership or the Scheme.
11.4 Termination of Membership or the Scheme shall not affect any rights, remedies, obligations or liabilities that have accrued up to the date of termination.
12.1 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.
12.2 No one other than Members and ADEY and ADEY’s successors and assignees, shall have any right to enforce the ADEY ProClub Terms.
12.3 ADEY may at its 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.
12.4 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.
12.5 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.
12.6 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.
12.7 Our nominated representative for the Scheme is Sarah Townsend, who can be contacted with the details below:
ADEY Innovation Limited (registered number 05001590), UK Head Office, Gloucester Road, Cheltenham, GL51 8NR. email@example.com. 01242 546700