Terms and Conditions

ADEY Innovation LLP ("ADEY")

This website (“Website”) is owned and operated by ADEY Innovation LLP (OC372411) (“ADEY” “we” “us”), a company registered in England and Wales, who’s registered office is at UK Head Office, Gloucester Road, Cheltenham, GL51 8NR.

For the purposes of the Data Protection Act 1998, the Data Controller is Edward Davies and he can be contacted at the address above, at edward.davies@adey.com or on +44 1242 546700.

Acceptance of terms

  1. By using this Website you confirm that you accept these Terms of Use (“Terms”) and you agree to comply with them. If you do not agree to these Terms, you must not use this Website.
  2. We recommend that you print a copy of these Terms for future reference.
  3. In using this Website there are other terms that may apply to you. These Terms refer to the following additional terms, which also apply to your use of this Website:
    1. Our Privacy Policy adey.com/terms#privacy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using this Website, you consent to such processing and you warrant that all data provided by you is accurate.
    2. Our Cookies Policy adey.com/terms#cookies, which sets out information about the cookies on this Website.
    3. You are responsible for ensuring that all persons who access this Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
  4. Amendment of terms

  5. We may amend these Terms (and any others referred to in them) from time to time. Every time you wish to use this Website, please check these Terms to ensure you understand the terms that apply at that time.
  6. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to these Terms.
  7. Amendments to this website

  8. We may update and change this Website from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
  9. We may suspend or withdraw this Website
  10. This Website is made available free of charge.
  11. We do not guarantee that this Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of this Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
  12. Your use of this website

  13. You must only use this Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website.
  14. You may use, download and print content on the Website solely for your own personal use or internal business purposes. Other than for your own personal use, you may not without our prior written consent:
    1. copy, reproduce, use or otherwise deal with any content on the Website;
    2. modify, distribute or re-post any content on the Website for any purpose;
    3. reproduce, crawl, frame, link to or deep-link into this Website on or from any other website; and
    4. use the content of the Website for any commercial exploitation whatsoever.
  15. If you print off, copy or download any part of this Website in breach of these Terms, your right to use this Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  16. If you are a corporate customer and would like to request permission to use photography or other content from this website for corporate use, please contact our Marketing Team on 01242 546700.
  17. Password/account security

  18. You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account.
  19. ADEY shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
  20. Accuracy of Content

  21. To the extent permitted by applicable law, ADEY disclaims that all content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party.
  22. The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of ADEY or any of its agents.
  23. Reliance on Information Posed

  24. The information presented on or through this Website is made available solely for general information purposes. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this Website. We do not make any statements regarding the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. This Website includes content provided by third parties, including materials provided by other users and third-party licensors. We are not responsible, or liable to you or any third-party, for the content or accuracy of materials provided by any third parties.
  25. To the extent that this Website and the information and services on it are provided free-of-charge, we will not be liable for any loss or damage of any nature arising from your use of, or reliance on, such information and/or services.
  26. Where ADEY publishes videos, user guides, tutorials or any other form of training materials on the Website, such content will relate solely to ADEY products and services and will not be applicable to any other products and/or services and should not be relied on as such. If you have any queries regarding how to use any ADEY product or services you should contact ADEY who will use reasonable efforts to provide any guidance or information you may require. For the avoidance of all doubt, any such content that is provided on the Website is not meant to be comprehensive or the definitive resource on the subject matter in question and it is your responsibility to ensure that you have undertaken adequate training and education on the subject matter in question before undertaking any works or services in relation to it. ADEY will not be responsible for any losses you may suffer as a result of your failure to undertake the necessary training and education for any particular job, product or service.
  27. Our Responsibility for Loss or Damage Suffered by You

  28. ADEY uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device.
  29. Except where required by applicable law, ADEY shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via this Website.
  30. Links to Other Websites

  31. We have placed links on this Website to other websites we think you may want to visit. These links are provided for your information only. Such links should not be interpreted as approval by ADEY of those linked websites or information you may want to obtain from them.
  32. We do not vet these websites and do not have any control over their contents.
  33. Except where required by applicable law, ADEY cannot accept any liability in respect of the use of these websites.

10-year warranty

The ADEY warranty is subject to the following terms and conditions:

  1. You must register your warranty within 30 days of the installation.
  2. The unit or component has been maintained and serviced in accordance with the instructions. This warranty will not cover damage or defects caused as a result of faulty installation or improper maintenance or servicing.
  3. The unit has not been tampered with or otherwise subjected to misuse, fire, accidental damage or negligence.
  4. The unit has not been modified or repaired except by a person authorised to do so.
  5. The serial number has not been removed or made illegible.
  6. The unit is returned to us at your own cost or delivered to our appointed representative together with proof of purchase (in the form of a receipt or invoice).
  7. The unit is returned promptly on being found to be defective.
  8. The sole and exclusive remedy under this warranty is for the repair or replacement (at ADEY's discretion) of the unit or defective components and no other remedy, including but not limited to incidental or consequential damage or loss of whatsoever nature, shall be available. ADEY reserves the right to undertake the least costly option available. The amount of any claim under this warranty shall be limited to the original purchase price paid for the defective unit.
  9. All personal data that we collect from you as part of the warranty registration process will be used by ADEY in order to maintain the validity of this warranty. We may also use the details provided to email you about new products, discounts or upcoming events which we feel may interest you where you have provided your consent for us to do so.
  10. Our decision on all matters relating to warranty claims shall be final.

2-year warranty

The ADEY warranty is subject to the following terms and conditions:

  1. The unit has been installed correctly and maintained and serviced in accordance with the instructions. This warranty will not cover damage or defects caused as a result of faulty installation or improper maintenance or servicing.
  2. The unit has not been tampered with or otherwise subjected to misuse, fire, accidental damage or negligence.
  3. The unit has not been modified or repaired except by a person authorised to do so.
  4. The serial number has not been removed or made illegible.
  5. The unit is returned to us at your own cost or delivered to our appointed representative together with proof of purchase (in the form of a receipt or invoice).
  6. The unit is returned promptly on being found to be defective.
  7. The sole and exclusive remedy under this warranty is for the repair or replacement (at ADEY's discretion) of the unit and no other remedy, including but not limited to incidental or consequential damage or loss of whatsoever nature, shall be available. ADEY reserves the right to undertake the least costly option available. The amount of any claim under this warranty shall be limited to the original purchase price paid for the defective unit.
  8. All personal data that we collect from you as part of the warranty registration process will be used by ADEY in order to maintain the validity of this warranty. We may also use the details provided to email you about new products, discounts or upcoming events which we feel may interest you where you have provided your consent for us to do so.
  9. Our decision on all matters relating to warranty claims shall be final.

ADEY ProClub (“ADEY ProClub”)

These terms, as amended from time to time (“ADEY ProClub Terms”) apply to the ADEY ProClub operated by ADEY Ltd (“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 12th October 2017.

For the avoidance of doubt your attention is drawn to paragraphs 3.6, 7, 10 and 11.6 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: www.adeyproclub.com/privacy, and ADEY’s Cookies Policy which can be found here: www.adeyproclub.com/cookies.

  1. Member eligibility
    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.
    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.
    3. The following are not eligible to participate in the Scheme:
      1. Employees and agents of ADEY Ltd and its affiliates and subsidiaries, and their employees’ and agents' family members;
      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.
    4. Membership is free of charge.
    5. Membership and the Scheme benefits (“Benefits”) are personal to a Member and not transferrable.
  2. Registration
    1. Registration to become an ADEY ProClub Member can be made online at https://www.adeyproclub.com or via the ADEY ProClub App.
    2. Membership is only open to persons who fulfil the requirements outlined in paragraph 1 above and who have purchased a MagnaCleanse RapidFlush filter and provided ADEY with proof of purchase of it. Proof of purchase can be provided by email to cs@adey.com or by posting it to ADEY at: FAO: Sarah Townsend ADEY ProClub, UK Head Office, Gloucester Road, Cheltenham, GL51 8NR.
    3. Membership is limited to a maximum of one account per MagnaCleanse.
    4. In submitting an application for Membership, an applicant:
      1. agrees and acknowledges that any Membership shall be subject to the ADEY ProClub Terms from time to time; and
      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.
    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 01242 546700 during working hours (Monday to Friday 08.30 to 17.00).
    6. ADEY may in its absolute discretion refuse to accept an application for Membership or to allow Membership pursuant to such an application.
    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”)
    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
    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. You are responsible for maintaining the confidentiality of your Account password and details and for any activities that occur under your Account.
    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).
    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.
    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.
    7. ADEY does not guarantee that the Online Facility will always be available or be uninterrupted.
  4. Special Offers
    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.
    2. The terms which apply to any Special Offers shall be as published from time to time.
  5. ADEY ProClub Points (“Points”)
    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.
    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.
    3. To accrue points you must 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.
    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. 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.
    6. Points shall be awarded to a Member’s Account in accordance with the table below
    7. 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
    8. 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).
    9. 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.
    10. 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.
    11. 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/.
    12. 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.
    13. Points can only be used by Members 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.
    14. For the avoidance of doubt:
      1. a Member shall not be entitled to any Points because of the purchase by them of a Pro2;
      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;
      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.
      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.
    15. 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.
    16. A Member is responsible for any tax implications which may arise from their accrual and use of Points.
    17. 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. Disclaimers
    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.
    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.
    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.
  7. ADEY’s Liability
    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, 8.5 and 10.
    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.
    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.
    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.
    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
    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.
    2. The following ADEY filters benefit from an ADEY warranty (“ADEY Products”):
      • MagnaCleanse
      • MagnaClean TwinTech
      • MagnaClean Professional
      • MagnaClean Professional2XP
      • MagnaClean Professional2
      • MagnaClean Micro
      • MagnaClean Micro2
      • MagnaClean Dual XP
      • MagnaClean Commercial 2”
      • MagnaClean Commercial 4”
      • MagnaClean Commercial 6”
      • MagnaClean Commercial 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.
    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.
    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.
    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.
    7. One ADEY Product may only have one warranty registered for it. Duplicate warranty registrations will not be valid.
    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. 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. Acceptable Use Policy
    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.
    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.
    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 cs@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.
    4. Content Standards

    5. These content standards apply to any and all material which you contribute to our site (“Contribution”), and to any interactive services associated with it.
    6. 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.
    7. ADEY will determine, in its discretion, whether a Contribution breaches the Content Standards.
    8. 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.
    9. A Contribution must not:
    10. Be defamatory of any person.
    11. Be obscene, offensive, hateful or inflammatory.
    12. Promote sexually explicit material.
    13. Promote violence.
    14. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
    15. Infringe any copyright, database right or trade mark of any other person.
    16. Be likely to deceive any person.
    17. Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
    18. Promote any illegal activity.
    19. Be in contempt of court.
    20. Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
    21. Be likely to harass, upset, embarrass, alarm or annoy any other person.
    22. Impersonate any person, or misrepresent your identity or affiliation with any person.
    23. Give the impression that the Contribution emanates from ADEY, if this is not the case.
    24. 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.
    25. 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.
    26. Contain any advertising or promote any services or web links to other sites.
    27. 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.
  10. Suspension, Termination and Consequences
    1. You or ADEY may end your Membership by giving notice in writing (which shall include email) to the other.
    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.
    3. Subject to paragraph 10.4, a Member and ADEY shall have no further liability to the other following termination of their Membership or the Scheme.
    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.
  11. General
  12. 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. No one other than Members and ADEY and ADEY’s successors and assignees, shall have any right to enforce the ADEY ProClub Terms.
  14. 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.
  15. 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.
  16. 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.
  17. 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.
  18. Our nominated representative for the Scheme is Sarah Townsend, who can be contacted with the details below:
  19. ADEY Ltd (registered number 05001590), UK Head Office, Gloucester Road, Cheltenham, GL51 8NR. sarah.townsend@adey.com. 01242 546700

1. PLEASE READ THESE LICENCE TERMS CAREFULLY

BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.

IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE "REJECT" BUTTON BELOW AND YOUR ACCESS TO THE APP WILL BE REJECTED.

WHO WE ARE AND WHAT THIS AGREEMENT DOES

We ADEY Ltd license you to use:

  • ADEY ProClub mobile application software, the data supplied with the software, (App) and any updates or supplements to it.
  • The service you connect to via the App and the content we provide to you through it (Service).

as permitted in these terms.

YOUR PRIVACY

We only use any personal data we collect through your use of the App and the Service in the ways set out in our privacy policy http://www.adeyproclub.com/terms#privacy.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

ADDITIONAL TERMS FOR SPECIFIC SERVICE

In addition the Service will be governed by the ADEY ProClub terms and conditions which can be found at http://www.adeyproclub.com/terms

APPLE’S APP STORE AND GOOGLE’S PLAY STORE'S TERMS ALSO APPLY

The ways in which you can use the App may also be controlled by the Apple’s App Store and Google’s Play Store's rules and policies as may be in force and in place from time to time. Apple’s App Store and Google’s Play Store's rules and policies will apply instead of these terms where there are differences between the two.

HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON

In return for your agreeing to comply with these terms you may:

  • download or stream a copy of the App onto any of your devices that will support the use of the App and view, use and display the App and the Service on such devices for your personal and business purposes.
  • receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.

YOU MUST BE 18 TO ACCEPT THESE TERMS AND BUY THE APP

You must be 18 or over to accept these terms and use the App.

CHANGES TO THESE TERMS

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

In the event we change these terms the updated terms will be presented to you for acceptance next time you open the App.

If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.

UPDATE TO THE APP AND CHANGES TO THE SERVICE

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Service.

The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you downloaded it.

WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE

By using the App or the Service, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Service to you.

WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)

The Service, may make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use this Service, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.

You may stop us collecting such data at any time by turning off the location services settings on your phone but, by doing so, your use of certain Service will be limited or unavailable.

LICENCE RESTRICTIONS

You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Service in any form, in whole or in part to any person without prior written consent from us;
  • not copy the App or Service, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, or Service nor permit the App or the Service or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Service on devices as permitted in these terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Service nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
  • is not disclosed or communicated without Adey Ltd’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
  • is not used to create any software that is substantially similar in its expression to the App;
  • is kept secure; and
  • is used only for the Permitted Objective;
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or the Service.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the App, the Documentation and the Service throughout the world belong to us (or our licensors) and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, or the Service other than the right to use them in accordance with these terms.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Service. The App and the Service are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

Check that the App and the Service are suitable for you. The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Service (as described on the appstore site) meet your requirements.

We are not responsible for events outside our control. If our provision of the Service or support for the App or the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Service you have paid for but not received.

WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICE IF YOU BREAK THESE TERMS

We may end your rights to use the App and Service at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App and Service:

  • You must stop all activities authorised by these terms, including your use of the App and any Service.
  • You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
  • We may remotely access your devices and remove the App from them and cease providing you with access to the Service.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

NO RIGHTS FOR THIRD PARTIES

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.