Navien UK Terms & Conditions 2021
End User Terms – Updated February 2021
These terms and conditions tell you information about us and the legal terms and conditions (Terms) on which we and Prizeshark Limited (Prizeshark) make available (Point based Scheme) to you. The Point based scheme has been established exclusively for installers. These Terms are made available to you on our website.
These Terms apply to the contract between you, us and Prizeshark for provision of the Points based scheme (Contract). Please read these Terms carefully and make sure that you understand them, before registering to participate in our Points based scheme. Please note that before registering for the Points based scheme you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to participate in the Points based scheme. You should print a copy of these Terms or save them to your computer for future reference.
1. INFORMATION ABOUT US
1.1 The Scheme is made available by Navien UK (we, us, our) (Company Number 09315480), Registered Address: Building 2, Guildford Business Park, Guildford, GU2 8XH United Kingdom. The Scheme is operated through the website www.navienchoice.com (Website).
1.2 We have appointed a third party to manage the Points based scheme on our behalf. The Points based scheme is managed by Prizeshark Limited (Prizeshark) (Company Number 05340815); Registered Address: 4 Downlands Harrietsham, Maidstone, ME17 1LE Prizeshark can be contacted by email to email@example.com If you have any queries regarding the Points based scheme you should direct those queries to Prizeshark.
2. THE POINTS BASED SCHEME
2.1 The Points based scheme is a free scheme which is made available to you on the basis that you are an installer of our boiler products and we wish to reward you for your contribution and loyalty. The Points based scheme is made available entirely at our discretion and may be withdrawn at any time.
2.2 By participating in the Points based scheme, you confirm you have read, understood and accept the Terms.
2.3 All participants of the Points based scheme must be aged 18 or over.
2.4 By participating in the Points based scheme, you confirm you will accept receipt of informative communication and materials from us and from Prizeshark, which includes marketing material directly regarding the Points based scheme. For these purposes, reference to you also includes any individuals who you nominate within your business to receive such communications from us and Prizeshark. You expressly agree to the receipt of such material via SMS messages and/or email. You may opt out of receiving these materials by SMS messages and/or email any time by clicking the ‘unsubscribe’ button on any of the SMS messages and/or emails you receive or by contacting Prizeshark or Navien UK.
2.5 When registering for the Points based scheme, you will be required to provide personal details. Navien UK and Prizeshark shall correspond with you in relation to your registration. The Points based scheme shall only apply to registered boiler purchases of Navien UK products only.
2.6 The Points based scheme is only available to those who are based in UK Mainland. If you are based outside of UK Mainland, you cannot apply to join the Points based scheme.
3. MANAGEMENT OF THE POINTS BASED SCHEME
3.1 The Points based scheme is operated and managed on our behalf by Prizeshark.
3.2 Any queries relating to the Points based scheme should be directed to Prizeshark who can be contacted by email to firstname.lastname@example.org.
4. YOUR PARTICIPATION IN THE POINTS BASED SCHEME
4.1 The Contract, which comprises these Terms constitutes the entire agreement between you, Prizeshark and Navien UK in relation to the Points based scheme and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
4.2 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
4.3 You, we and Prizeshark agree that none of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
5. HOW THE CONTRACT IS FORMED BETWEEN US
5.1 The Website will guide you through the steps you need to take in order to register as a participant in the Points based scheme. Please take the time to read and check your registration information during the registration process. You will be sent an email confirming the details you submitted when registering for the scheme. It is your responsibility to check you have submitted the correct details. If you wish to make any amends please contact, Prizeshark on the contact details above.
5.2 When completing the registration form, you must provide a valid email address that is registered to you by which you can be contacted throughout the duration of the Points based scheme. You must also provide an address and telephone number on which you can be contacted in connection with the Points based scheme.
5.3 Any correspondence in relation to the Points based scheme will be sent to the email address you have supplied. We and Prizeshark accept no responsibility for emails we/Prizeshark do not receive due to spam filters or subscriptions.
5.8 You are required to keep your personal account details safe and secure and you should not disclose these to anyone.
5.11 It is a condition of entry to the Points based scheme that all information given by you at registration is true, current, accurate and complete. It is your obligation to notify Prizeshark of any changes in the information submitted by you at registration and to ensure that your details remain accurate, correct and up to date. Unless Prizeshark or we expressly agree otherwise in writing, all communications that are sent to you will be sent to the email address or postal address that was provided by you at registration. We and Prizeshark accept no liability for any failure to comply with our obligations under the Terms where such breach is caused, directly or indirectly, in connection with your failure to supply correct information or update your information, or for any lost, delayed or undeliverable communications.
5.12 If you fail to provide all of the requested and required information, you may be disqualified from, and not permitted to participate in, the Points based scheme.
5.14 We and/or Prizeshark may terminate your participation in the Points based scheme immediately at any time and cancel or suspend any reward points you have received if we and/or Prizeshark have reasonable grounds to suspect or believe you have:
i. acted in a way that harms Prizeshark’ or our goodwill or reputation or that of the third parties we/Prizeshark engage directly or indirectly to manage the Points based scheme on our behalf (including, without limitation (Third Parties));
ii. engaged in any illegal or fraudulent conduct or activities;
iii. collected or redeemed (or attempted to collect or redeem) points dishonestly or fraudulently;
iv. acted in a hostile, abusive or aggressive manner towards any of our staff or the staff of our Third Parties;
v. knowingly provided false or misleading information at any time during your participation in the Points based scheme;
vi. breached or attempted to breach any of these Terms.
5.17 The Points based scheme is only available to installers
6. CANCELLING YOUR PARTICIPATION IN THE POINTS BASED SCHEME
6.1 You can choose to withdraw your participation in the Points based scheme at any time by contacting Prizeshark by email at email@example.com Any accumulated reward points not redeemed by the date of withdrawal shall be forfeited and you will not be entitled to any financial or other compensation for any unredeemed reward points.
6.2 Except where we/Prizeshark exercise our right to cancel under clause 5.11, we/ Prizeshark may cancel, suspend or withdraw your right to participate in the Points based scheme at any time by notice in writing. For the avoidance of doubt, this includes sending an email to the email address registered to your account. Your right to use any accumulated reward points will be forfeited and you will not be entitled to any compensation or damages from us or our Third Parties.
7.1 We, Prizeshark and our Third Parties accept no responsibility for any tax liability arising from your participation in the Points based scheme.
7.2 Those persons who receive the benefit of rewards from the Points based scheme may incur a tax liability dependent on their employment status. The reporting of the reward to HMRC and any tax liability and/or National Insurance contributions arising from it is your responsibility or that of the person receiving the benefit of the rewards. We, Prizeshark and our Third Parties accept no responsibility for any such tax liability or any failure by you or the individual to notify the relevant authorities.
8. OUR RIGHT TO VARY THE TERMS AND THE POINTS BASED SCHEME
8.1 We and Prizeshark reserve the right to alter or amend the Points based scheme and/or the Terms at any time during or at the end of the Points based scheme. If we and/or Prizeshark amend the details of the Points based scheme and/or the Terms we and/or Prizeshark will contact you to notify you of these changes. You may withdraw from the Points based scheme at this point if you do not wish to continue to participate in the Points based scheme as a result of the changes.
9.1 You will be allocated points for Navien UK boiler products purchased by yourself during the month you join the Points based scheme until the end of the current Points based scheme will be included towards the target. No other backdating of your points will be permitted, unless agreed individually with us directly.
9.2 Details of your Points will be updated once a fortnight and detailed on your online account.
9.3 We reserve the right to exclude certain products from the Points based scheme entirely at our discretion. This may also include temporarily excluding products which are the subject of a promotional offer.
9.4 In order to qualify for rewards under the Points based scheme your points must meet or exceed the Target for the relevant Points based scheme time period. You cannot combine your points for periods before or after the relevant Points based scheme months under any circumstances.
9.5 We/Prizeshark reserve the right to correct any mistakes that are made in respect of the points issued to you but we/Prizeshark recommend that you keep records of your transactions so that you can verify the information held on your account by us is accurate. Any queries in connection with the points accrued should be directed to Prizeshark as soon as possible after they arise.
10. CLAIMING A REWARD
10.1 Any reward claims arising under the Points based scheme will be verified against Prizeshark’ and our records. The details on Prizeshark’ and our records are the only records which will be considered in calculating your rewards under the Points based scheme.
10.2 Upon redeeming your reward, you may be given an option to choose from a selection of physical prizes
10.3 After your redemption has been approved, your redemption selection cannot be changed at a later date.
10.4 No monetary equivalents are offered under the Points based scheme.
10.5 The rewards for this Points based scheme must be redeemed by 31st March 2023.
10.6 All rewards must be redeemed through the Website.
10.7 Rewards can only be redeemed by you when you have achieved the Target and cannot be transferred to other parties.
10.8 You should be aware that the full redemption process can take up to 28 working days.
10.9 The prizes are as stated, are not transferable to another individual, and no other alternatives will be offered. Also cannot be used in conjunction with any other promotion, offers or agreement.
11. REWARD PROCESSING
11.1 The following terms and conditions apply to all transactions with Prizeshark Ltd. The placement of an order for goods & services indicates your acceptance of these terms and conditions. Please read them carefully and print a copy for future reference. We will treat each order for goods/services as an offer by you to purchase subject to these terms and conditions.
11.2 Delivery dates are not guaranteed and time is not of the essence in relation to such dates. They are also subject to any matter beyond our reasonable control. We will use our reasonable endeavours to ensure delivery on the dates agreed. Mainland UK delivery charges quoted are for the majority of UK Mainland addresses. There are different delivery charges for the Channel Islands, Northern Ireland, Isle of Man, Scottish Highlands, Orkney Isles, Outer Hebrides and Shetland Isles.
11.3 Delivery of products within mainland UK will normally be made within 1-5 working days. We will endeavour to deliver goods within the times stated but goods are subject to availability and delay in delivery of goods is sometimes outside of our control. Any dates specified for the delivery of the goods are approximate only and we shall not be liable for any losses, costs, damages, charges, or expenses caused by any delay for delivery of the goods. If our suppliers or we are temporarily out of stock, we will notify you of this position and decide on a suitable next step.
11.4 Signature, On receipt of goods by courier, recipients are required to sign for the goods. Please note that when they sign, they are signing for the parcel - received in good condition. If they are unable to check the contents of the package at that moment in time, it should be signed for as "UNCHECKED". Failure to do so may affect any claims that they make thereafter. It is their responsibility to sign for the correct number of packages as shown on the carrier's delivery consignment note. Failure to do so may affect any claims that they make thereafter.
11.5 Time Limitation for Notification of Claims, Any shortages must be noted on the consignment note and it will be the recipients responsibility to notify us within 24 hours from delivery. It is also their responsibility to notify us of any incorrect goods supplied within 24 hours from delivery. We will not accept liability for goods lost in transit unless we are notified within 24 hours from the expected delivery date. If goods arrive in a visibly damaged condition, the recipient must refuse the consignment and make a note on the carrier's delivery consignment note. Once in receipt of goods and they notice damage to the products, it will be the winner’s responsibility to inform us within 24 hours from delivery. Failure to do so may affect any claims that they make thereafter.
11.6 Risk - After any goods have been delivered, all responsibility passes to the recipient. From the time of receipted delivery of the goods, any loss or damage to the goods shall be at the recipients own risk. Any transit damage to the goods, shortages or incorrect goods supplied must be noted on the delivery consignment note at the time of delivery.
11.7 Holidays & experiences - Unless stated, we will allow participants a reasonable level of time to decide on their preferences for any holiday/experience they have redeemed, and will allow them to travel at any time within 12 months of redemption. There may be excluded dates over holiday periods such as bank holidays, Easter & Christmas, we will notify at the time any of these dates. Prizeshark Ltd reserves the right to amend any or all aspects of the holiday or experience if it becomes unavailable during the time selected.
11.8 Typographical Errors - In the event a product is listed at an incorrect price due to typographical error or error in pricing information from our suppliers, taxes or duty changes, we shall have the right to refuse or cancel any orders listed at the incorrect price whether or not the order has been confirmed.
11.9 Availability of Goods - All products and services are subject to availability and may be withdrawn at any time. We will not be responsible for compensating any losses if we have to supply alternate goods/services
11.10 Property and Risk - Risk in the Products shall pass to the recipient at the time of delivery. Delivery shall be deemed to occur at the time when the products arrive at the place of delivery.
We will retain title and ownership of the Products until we have received payment in full of all sums due and/or owing for all products supplied to you by us under this Contract. From the time of receipted delivery of the Products, any loss or damage to the Products shall be at the recipients own risk.
11.11 Guarantee - All Products are supplied with the manufacturers guarantee unless otherwise stated. We guarantee that the Products will be free from defects in materials and/or workmanship for a period of 12 months (or longer if so required by law) from the date of delivery unless otherwise stated.
11.12 The guarantee in this clause above is given by us, subject to the following conditions:
• We shall be under no liability in respect of any faults or defects caused by wilful damage, abnormal working conditions, failure to follow our instructions, misuse, alteration or repair of Products without our approval, improper maintenance or negligence on your part or a third party. In addition routine maintenance (cleaning of dirty audio/video heads etc.), consumables (styli, plug fuses, cables, batteries, etc.), cosmetic damage and tuning of channels are not covered.
11.13 Repairs and Replacements - Where any defect in the Products is apparent upon inspection, we must be informed within 7 days of delivery. The recipient can then, either, return the defective product to us directly or we will organise a collection from their office / home at our own cost. Upon receipt of the Products and confirmation of the defect by technical engineers, the participant will be offered the following options:
- subject to availability, a replacement delivered to you free of charge; or
- an option to select an alternative product at the same value, providing the product has been verified defective and is complete with all accessories in its original box and packaging. If the Product is not deemed to be defective by our technicians then the participant will be offered the following options: -
- the return of the Product to the recipient. We may charge for the return and resend delivery; or
- an option to select an alternative product of the same value less any applicable delivery charges provided that the Product is "as new" and complete with all accessories in its original box and packaging
11.14 Liability - We shall have no liability for any matters which are outside our control. We shall have no liability to you for defective Products, Products not dispatched or Products damaged or lost in transit unless the event is notified to us within the appropriate time limit set out in this Contract. We shall have no liability for damage, loss, claims, costs or expenses caused or contributed to by your continued use of defective products after a defect has become apparent or suspected or should reasonably have become apparent to you.
We shall have no liability for any:
• consequential losses;
• loss of profits and/or damage to goodwill;
• economic and/or similar losses;
• special damages and indirect losses; and/or
• business interruption, loss of business, contracts, opportunity and/or production.
If the previous clause applies, our total liability to You shall not exceed the Contract price.
NOTHING IN THIS CONTRACT SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY DUE TO OUR NEGLIGENCE OR ANY LIABILITY WHICH IS DUE TO OUR FRAUD OR ANY OTHER LIABILITY WHICH IT IS NOT PERMITTED TO EXCLUDE AS A MATTER OF LAW.
12. PROTECTING YOUR DATA AND HOW YOUR DATA IS USED.
This section provides the information of which we are obliged to make you aware, under the Data Protection Act 2018, the UK GDPR (which shall have the meaning given to it in section 3(10) and supplemented by section 205(4) of the Data Protection Act 2018) (“DPA”), as updated from time to time. We and Prizeshark confirm that at all times, we will process any personal data (being data relating to a living individual) provided by you to us/Prizeshark, in accordance with the DPA.
12.1. As explained above, we are the data controller of all personal data we hold about you, which we supply to Prizeshark in relation to the Promotion. We have appointed Prizeshark to operate the Points based scheme on our behalf, and they will need to process your data (including any personal data you supply) in order to operate the Points based scheme. Accordingly, they are our data processor. Prizeshark will also carry out work to ensure the information they hold about you is complete, accurate and up to date. Prizeshark or their representatives may contact you for these purposes. The terms “controller” and “processor” are both defined terms, and have specific meanings under the DPA. In order to participate in the Promotion, you need to consent to us and Prizeshark processing your data (including personal data) in order to operate the Promotion. By agreeing to these Terms, you will be deemed to have consented to such processing. You can object to such processing at any time by contacting us/Prizeshark. However, you must understand that if you do not allow Prizeshark to process your data, you will not be able to participate in the Points based scheme. If you need us to clarify in any more detail how your data is processed, you can contact us at any time.
12.2. In order to provide the Points based scheme to you, we and Prizeshark will collect and process the following data from you:
12.2.1. Information about you that you give us by filling in the claim form on the Website or by corresponding with us and/or Prizeshark by phone, e-mail or otherwise.
12.3. How will we and Prizeshark use your data: We and Prizeshark will use your data for the following purposes only:
12.3.1. To enable you to participate in the Points based scheme;
12.3.2. To manage your membership of the Points based scheme.
This will include:
• Contacting you to send you any updates about your registrations. Such updates may be sent by us or Prizeshark.
• Us and/or Prizeshark contacting you to tell you about prizes and incentives which could be available to you. You must agree to receive such updates in order to participate in the Promotion. If you do not wish to receive updates, you will not be able to participate in the Promotion.
• We and/or Prizeshark may use your data to send marketing messages, information and promotions to you. On these occasions, we may use authorised agents to enable Us and/or Prizeshark to make this direct communication. These messages may be issued in various formats, including (but not be limited to) letters, emails and/or text messages. You may contact us/Prizeshark at any time to opt out of receiving such marketing messages and information.
12.3.3 To inform you of future promotions, product information, training opportunities and other marketing messages. You can opt out of receiving this information at any time by contacting us/Prizeshark or pressing the unsubscribe button on any of our communications.
12.4 In relation to any personal data that we and/or Prizeshark, on our behalf, process we and Prizeshark will:
12.4.1 not retain any personal information you provide to us for longer than is necessary to provide the Point based scheme;
12.4.2 ensure we and Prizeshark, taking into account the costs of implementation and the nature, and purpose of the data processing, implement appropriate technical and organizational measures to protect your personal data.
13.1 Nothing in these Terms limits or excludes Prizeshark’ and our liability for death or personal injury caused by Prizeshark’ or our negligence or for our fraud or fraudulent misrepresentation.
13.2 Subject to clause 12.1, we, Prizeshark and our Third Parties will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for (1) any loss of profits, sales, business, or revenue (2) loss or corruption of data, information or software; or (3) any indirect or consequential loss.
13.3 Except as expressly stated in these Terms, we and Prizeshark do not give any representation, warranties or undertakings in relation to the Points based scheme. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we and Prizeshark will not be responsible for ensuring that the Points based scheme is suitable for your purposes.
14. ADDITIONAL TERMS
14.1 Any purchases and returns of products will be subject to our usual terms of trading, a copy of which are available on request. These Terms do not amend the terms of trading between you and us, which will continue to apply.
14.2 If you are issued with a prize as part of the Points based scheme, We, Prizeshark accept no liability for lost or stolen prizes. If you have lost or had your prize stolen, please contact Prizeshark using the contact details provided above.
14.3 We/Prizeshark reserve the right to substitute any prize with an incentive/prize equivalent value in the event of circumstances outside of our or Prizeshark’ control.
14.4 You may view your account details and accrued points by visiting the Website. We/Prizeshark may send emails detailing your points from time to time. However, it is your responsibility to track your own performance.
14.5 We and Prizeshark are not responsible for any third party websites that are made available to you as part of the Points based scheme, nor for any product information or services (including rewards) supplied through or in connection with such third party websites.
14.6 We and Prizeshark will not be liable for any failure to perform, or delay in performance of our obligations under a contract that are caused by an event outside of our/Prizeshark’ control. An event outside of our/Prizeshark’ control means any act or event beyond our reasonable control including (without limitation) strikes, industrial action by third parties, civil commotion, terrorist attack, riot, invasion, fire, storm, flood, earthquake, epidemic or other natural disaster. We/Prizeshark reserve the right to vary the Terms or cancel or suspend the Points based scheme at any time due to an event outside of our/Prizeshark’ control.
14.7 We and Prizeshark may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
14.8 You may not transfer your rights or your obligations under these Terms to another business without our express prior written consent.
14.9 This Contract is between you, us and Prizeshark. Except for you, us, Prizeshark and (where applicable) other third parties which supply rewards for the Points based scheme, no other person or entity shall have any rights to enforce any of its terms.
14.10 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.11 If we/Prizeshark fail to insist that you perform any of your obligations under these Terms, or if we/Prizeshark do not enforce our rights against you, or if we/Prizeshark delay in doing so, that will not mean that we/Prizeshark have waived our rights against you and will not mean that you do not have to comply with those obligations. If we/Prizeshark do waive a default by you, we/Prizeshark will only do so in writing, and that will not mean that we/Prizeshark will automatically waive any later default by you.
14.12 The Contract and any dispute or claim arising out of or in connection with it or its 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. All of us irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
End of Terms and Conditions