Scheme Terms and Conditions

The Scheme is operated and promoted by ATAG Heating Technology UK Limited trading as Installer Direct, a company incorporated and registered in England, with company number 09020540 and having its registered office at Suite 177, 80 Churchill Square Business Centre, Kings Hill, West Malling, England, ME19 4YU (“Installer Direct”).

These terms and conditions are applicable to the Scheme and any participation in the Scheme is considered as acceptance of these terms and conditions.

Your Account and Points, in whatever form, are issued by and remain the property of  Installer Direct which may, at any time, terminate the Scheme or alter or amend the conditions of operation of the Scheme.

In these terms and conditions the following terms have the following meanings:

"Account": Your account with the Scheme, detailing the number of Points awarded to You and the number of Points redeemed by You when You purchase Rewards from the Partner Retailer.

"Business Support Item": a Reward that comprises or includes support, for example, training, technical support or some other non-product related Reward.

"Points": points awarded to You under the Scheme for the completed purchase of Qualifying Products.

"Qualifying Products": those products for which Points will be awarded, as determined by  Installer Direct from time to time.

"Partner Retailer": a party from whom Rewards may be purchased using Points as determined by Installer Direct from time to time.

"Redemption Value": the redemption value of Scheme Points when used to purchase Rewards as determined by ATAG and set out on the Scheme Website (as updated from time to time).

"Rewards":the goods and services which may be purchased by You from Partner Retailers using Points as determined by Installer Direct and set out on the Scheme Website (as updated from time to time).

"Scheme": the scheme operated by Installer Direct pursuant to which Points may be awarded on the purchase of Qualifying Products and then exchanged for Rewards.

"Scheme Website": the website at www.installerdirect.co.uk or such other address as Installer Direct may advise from time to time.

"You":the sole trader, partnership or company which has applied to join, and which has been accepted into, the Scheme. References to “Your” will be interpreted accordingly.

All processes and methods relating to the Scheme, including becoming a member of the Scheme, claiming Points, purchasing Rewards, updating Your Account and communicating can be performed through the Scheme Website. Installer Direct will communicate using e-mail and telephone but is not obliged to accept any other method of transaction or communication with You unless otherwise stated in these terms and conditions.

Membership is open to businesses (including sole traders operating as professional heating engineers) which supply and install products manufactured or supplied by Installer Direct and whose principal place of business is situated in the UK and the Channel Islands.  Businesses (including sole traders operating as professional heating engineers) must be, and remain at all times, Gas Safe registered.

Membership is not open to consumers, namely natural persons acting for purposes outside their business.  By becoming a Scheme member You represent that You are acting for purposes within Your business.

Membership is not open to anyone who receives who is taking advantage of any external rewards and/or savings on Qualifying Products outside Installer Direct's standard commercial terms.

Admission to membership is at the sole discretion of Installer Direct and Installer Direct shall not be obliged to accept any applications for membership of the Scheme.

Members are only entitled to one Account each. Installer Direct reserves the right to refuse, merge or close additional accounts at any time.

Membership of the Scheme is not available to persons under the age of 18 or those businesses whose place of business is situated outside the UK and the Channel Islands. The Rewards may not be purchased by persons under the age of 18 or by businesses whose place of business is situated outside the UK and the Channel Islands.  You are responsible for ensuring that these conditions are adhered to at all times

When You apply to become a member of the Scheme You agree that Your application and membership of the Scheme shall be governed by these terms and conditions.

You may be required from time to time to reconfirm Your details by visiting the Scheme Website and actively confirming through the Scheme Website that the details are correct.  If You fail to do so within fourteen (14) days of a request, Installer Direct may, in its sole discretion, terminate Your membership of the Scheme immediately by notice to You. Termination of Your membership may result in the loss of any Points accrued as at the date of termination.

Your membership of the Scheme and the benefit of Your Points are personal to You, and You may not assign or transfer Your membership or the benefit of Your Points to any other person, or create a charge over or declare a trust over Your membership or such benefit. Accounts and Points cannot be transferred, bought, sold or traded in any way.

You are responsible for management of all user names and passwords provided in connection with Your membership of the Scheme, and Installer Direct shall not be responsible for any misuse of such user names and passwords, or any fraud committed using such user names and passwords.

Installer Direct reserves the right to introduce additional levels of Scheme membership in accordance with any changes to these own terms and conditions.

You will be awarded Points for each Qualifying Product which You purchase. Installer Direct may determine and change from time to time the products that qualify for Points.  Changes will be notified not less than seven (7) days' in advance on the Scheme Website.

The number of Points awarded for a Qualifying product will be stated on the Scheme Website. Installer Direct may determine and change from time to time how many Points will be awarded for a Qualifying Product. Changes will be notified in advance on the Scheme Website.

Points will not be awarded for non-qualifying products.

Under the Scheme You may be awarded Points on the purchase of Qualifying Products. You may then exchange Points for Rewards.

Subject to Clause 12 (Termination), Points are valid for twelve (12) months from the date of completion of the purchase of the Qualifying Product.

Your accumulated Points balance may be checked at any time through the Scheme Website, and You will be shown the current balance of available Points when You submit an order for a Reward.

Points may only be used to purchase Qualifying Products as stated and may not be exchanged for cash. Points cannot be used to finance pre-arranged or external direct purchases.

Only Qualifying Products that have been purchased and installed in the three (3) months immediately prior to the date of submission for registration of the Qualifying Product through the Scheme will be eligible to earn Points.

Points cannot be claimed in conjunction with any other forms of financial support i.e. contract support or any other discount.

Installer Direct is entitled to remove Points at any time if Qualifying Products are returned for any reason and a full or partial refund of the purchase price is given. This also applies to the exchange of products, unless the exchange is for Qualifying Products with an equivalent Points value.

Installer Direct is under no obligation to award Points for any reason outside of the purchase of Qualifying Products.

Points awarded at the time of the purchase of a Qualifying Product or Points already issued may be removed or cancelled if Installer Direct determines that the Points were collected in breach of these terms and conditions or were awarded in error.

The Rewards available at any point in time are listed on the Scheme Website.

Installer Direct may determine and change the nature and quantity of Rewards offered from time to time. Changes will be notified not less than seven (7) days' in advance on the Scheme Website.

All Rewards are subject to availability, and You should not assume that any given Reward will be available or continue to be available in the future or at any stated Redemption Value.

The Redemption Value(s) for all or any given Reward(s) are specified on the Scheme Website.

Installer Direct may set and change the Redemption Value(s) for Your Points and for any given Reward(s) from time to time at its sole discretion. You should not assume that any stated Redemption Value(s) will remain the same. Changes will be notified not less than seven (7) days' in advance on the Scheme Website.

To the fullest extent permitted by law, Installer Direct shall have no liability to You (whether in contract or tort, or under statute, or for breach of contract, negligence, breach of statutory duty, or otherwise howsoever) with respect to the Rewards, including with respect to safety, quality, fitness for purpose, compliance with description or otherwise, or with respect to any delay in delivery.

To the fullest extent permitted by law, all warranties, terms and conditions implied by statute, common law, custom or otherwise as to the safety, condition or quality of the Rewards, or the fitness for purpose of the Rewards, or correspondence of the Rewards with any sample or description, are hereby excluded.

Business Support Items available at any point are listed on the Scheme Website. Installer Direct may determine and change the nature and quantity of these items which are offered from time to time.  Changes will be notified not less than seven (7) days' in advance on the Scheme Website.

All such items are subject to availability, and You should not assume that any given items will be available or continue to be available in the future or at any stated Redemption Value.

The Redemption Value(s) for all or any given Business Support Items are specified on the Scheme Website.

Installer Direct may set and change the Redemption Value(s) for any given Business Support Items from time to time at its sole discretion. You should not assume that any stated Redemption Value(s) will remain the same. Changes will be notified not less than seven (7) days' in advance on the Scheme Website. However, no variation to any Redemption Value(s) will affect any orders for Business Support Items which have been submitted by You and accepted by Installer Direct prior to the time the variation is made.

Where separate terms and conditions apply to certain Business Support Items, these will be shown on the Scheme Website.

Nothing in these terms and conditions shall limit or exclude our liability for:

1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable)

2. fraud or fraudulent misrepresentation; or

3. any matter in respect of which it would be unlawful for us to exclude or restrict liability

Installer Direct excludes and shall not have liability to You (whether in contract or tort, or under statute, or for breach of contract, negligence, breach of statutory duty, or otherwise howsoever) for any of the following types of loss or any losses resulting there from:

1. any special, indirect or consequential loss;

2. any loss of profit, use, expectation, anticipated savings, data, production, business, revenue, contract or goodwill; or

3. losses suffered by third parties or Your liability to any third party.

Installer Direct and its affiliates shall not be responsible for lost, interrupted or unavailable network service or other connections, miscommunications, computer or technical failure, or incorrect or inaccurate bidding information howsoever caused or other error of any kind whether human, mechanical or electronic.

Installer Direct shall not be in breach of these terms and conditions where Installer Direct fails to perform or delays in performing any obligations under these terms and conditions or in relation to the Scheme due to any event or circumstance beyond its reasonable control.

Where Installer Direct, acting reasonably, considers there has been any abuse or attempted abuse of the Scheme (including any improper claiming or attempt to claim Points); any breach or attempted breach of these terms and conditions; any behaviour relating to Installer Direct or the Scheme that involves theft, misconduct, abusive or offensive behaviour, or supplying false or misleading information, then in addition to any other rights and remedies of Installer Direct:

1. Installer Direct shall be entitled to decline to issue an Account;

2. If You have been supplied with any Reward paid for using any such Points, You will be liable to pay to Installer Direct on demand an amount equal to the value of such Reward less any cash payment You made in respect of such Reward;

3. Installer Direct shall be entitled to cancel any undelivered orders for Rewards You have made;

4. Installer Direct shall be entitled to withdraw or cancel all of Your Points, including validly claimed Points;

5. Installer Direct shall be entitled to refuse to award further Points; and

6. Installer Direct shall cancel Your membership of the Scheme.

You may at any time by notice to Installer Direct terminate Your membership of the Scheme. In such case, Your membership will terminate at the end of the next day following receipt of Your notice. By leaving the Scheme You forfeit the right to any Points already accrued or issued.

Installer Direct may terminate Your membership of the Scheme at any time on not less than fourteen (14) days' notice to You.

Installer Direct may close the Scheme at any time by at least two weeks' notice on the Scheme website which shall have the effect of terminating Your membership of the Scheme at the point of closure.

We may terminate Your membership of the Scheme immediately by notice to You if You:

1. commit an irremediable material breach of these terms and conditions;

2. commit any breach of these terms and conditions (however minor, and whether or not remediable) and You commit a similar breach again after notice from Installer Direct;

3. commit any remediable breach of these terms and conditions (however minor) and do not remedy that breach in a reasonable period after notice from Installer Direct.

On closure of the Scheme or termination of Your membership of the Scheme, all Your Points will automatically cease to be valid and shall be forfeited.  However, any contracts between You and the Partner Retailer for the purchase for Rewards will be unaffected, subject to Clause 10 (Force Majeure).

Installer Direct reserves the right to change these terms and conditions, at any time, on reasonable notice for legal, regulatory, business or policy reasons.  If You continue to participate in the Scheme following such a change, You will be considered to have accepted the updated terms and conditions.

Where in connection with the Scheme, including in registering for the Scheme, You provide any personal data, such as  the names and contact details of sole traders, partners, directors or employees, this data will be managed and used in accordance with the Privacy Policy as set out on the Scheme Website. In particular, such personal data may be held by Installer Direct or its agents or sub-contractors for the purposes of operating the Scheme, and such information may be passed on to the Partner Retailer to enable them to fulfil any agreement You make with them to purchase a Reward. You will be responsible for ensuring that all such individuals have consented to the use of their data in the manner envisaged above.

You must ensure that all information You provide to Installer Direct is accurate and complete. You must keep Your contact and other details up-to-date, using the forms provided on the Scheme Website. If You remove details which are needed to administer Your membership, You may be required to supply alternative details or Installer Direct may terminate Your membership.

Installer Direct cannot be held responsible for any loss of Points incurred as a result of You not informing us of changes to the information You provide to Installer Direct.

The Points and Rewards may be subject to taxation. Any such tax liability is Your sole responsibility and Installer Direct will not accept any responsibility for tax liabilities incurred as a result of any receipt by You of Points or purchase by You of Rewards using Points, or in respect of contract support or any other discounts, rewards or benefits received by You in return for the purchase of ATAG products.

These terms and conditions, together with any other terms stated on the Scheme Website, constitute the entire agreement between You and Installer Direct relating to the Scheme. Except for these express written terms, You agree that in entering into these terms and conditions You have not relied on any oral or written statement or representation from Installer Direct.

No person other than You and Installer Direct shall have the right to enforce these terms and conditions, and the Contracts (Rights of Third Parties) Act 1999 shall not apply. These terms and conditions may be varied without the consent of any third party.

Installer Direct may transfer its rights and obligations under these terms and conditions to another organisation.

Installer Direct may sub-contract its obligations in relation to the Scheme and its management and operation, and may appoint an agent to operate the Scheme on its behalf.

Installer Direct reserves the right to audit the Qualifying Product registration process from time to time, which may include requiring You to provide copy invoices relating to specific, recently registered Qualifying Boilers.

All notices and communications by You to Installer Direct concerning the Scheme, including complaints and questions, shall be sent by email using the address stated on the Scheme Website, or using any web form submitted through the Scheme Website, or using any technical enquiry number provided from time to time on the Scheme Website.

All notices and communications from Installer Direct to You may be sent by email using the address which You have provided Installer Direct in Your registration with the Scheme. You will be responsible for keeping this email address up to date.

Each of the paragraphs of these terms and conditions 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 Installer Direct delay in enforcing these terms and conditions, Installer Direct can still enforce them later. If Installer Direct does not insist immediately that You do anything You are required to do under these terms and conditions, or if Installer Direct delays in taking steps against You in respect of your breaching these terms and conditions, 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.

In these terms and conditions a reference to a "person" includes a reference to a company or other body corporate, association, partnership or individual; a reference to the singular shall include the plural and vice versa; references to liability include liability in contract, negligence, tort and otherwise howsoever, other than for fraud; and a reference to any gender shall include every gender.

You agree that the Scheme and these terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.