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Adey ProClub Member Terms of Use (ProPlans)

By proceeding, you confirm your agreement to the terms and conditions of use of the ProPlans Office Portal provided by TradeHelp Ltd. These terms and conditions will also apply to any use you may make of our mobile application.

When you log-in, configure and use any TradeHelp Software (being the Office Portal or the app) we (TradeHelp Ltd) collect information from you in order to help configure your Software to best effect for you, to support and contact you in connection with your use of the Software and connected benefits, and to inform you about products or services which we think may be of interest to you. We will store and use this data in accordance with all relevant laws regarding data protection.

This information is also shared with Adey Innovation Ltd (‘Adey’).

Where you set up any ProPlans via the Software, you agree that we will be entitled to deduct the App Fees shown on the Software from each monthly customer payment. This, in addition to the monthly fee which will apply after your free membership period, is in consideration for our provision of the Software functionality in accordance with these terms and conditions.

The ProPlans which can be set up through the Software are service plan contracts which allow your customer to spread their payment for the annual service of their boiler and (in the case of boiler and heating system care options) for some specific labour and parts costs which may reasonably be expected to arise in each year. You should configure the prices of your ProPlans on each occasion, to reflect the expected cost to you of carrying out the work described in the ProPlan.

When entering into a contract with a customer for a ProPlan you must ensure that you are fully aware of all the relevant laws, regulations and codes of conduct that may be applicable to selling these contracts to consumers, including where relevant such laws, regulations and codes of conduct that may be applicable to selling off trade premises. We cannot be responsible or liable for any failure by you to comply with the law.

Whilst the Software offers an integrated payment solution for ProPlans with GoCardless, this is simply a display of information available directly from GoCardless. We are not responsible for the management of payments by GoCardless, and any payment issues should be raised directly with them. We also have no control over whether GoCardless will permit any given individual to set up a GoCardless account and, if your account application is refused, we will unfortunately not be able to influence this decision or provide the integrated payment solution for you. In the event that your GoCardless application is refused you will still be able to create and setup ProPlans but you will be responsible for independently arranging payment with your customer by an alternative means.

We are the data controller responsible in respect of the information collected about you as a user of the Software and, unless we are legally required to do so, we will not share your data with third parties, other than Adey, without your express consent. You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your personal information, please email us at info@tradehelp.co.uk. Please let us know if the personal information which we hold about you needs to be corrected or updated.

Save for information relating to any TradeHelp finance quote, we are only a data processor in respect of the information collected by you through the Software. Such data is encrypted and transmitted to secure cloud/server storage and is not used by us other than to assist you with any enquiries or data retrieval. Your customer data remains within your control and responsibility, as does the requirement to inform each customer (in accordance with current data protection law) of the manner in which you will use and store their information.

Information entered into the Software for the purposes of a TradeHelp finance quote will be processed by us in the event that the customer wishes to proceed with an application for finance and solely in order to assist such customers with any desired finance application and related installation. You must ensure that you explain to each customer (in accordance with current data protection law and your training) the manner in which we will use and store their information. It is not permissible to use this customer data for any purposes other than in connection with providing the requested quote and fulfilling any agreed related works, unless written consent to such other purpose has been obtained from the customer.

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. However, you acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet. You are responsible for keeping any password and other login details confidential.

Unless otherwise stated, we or our licensors own the intellectual property rights in the Software and material on the Software. Subject to the licence below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the Portal for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use. You must not: (a) republish material from the Software (including re-publication on another app); (b) sell, rent or sub-license material from the Software; (c) reproduce, duplicate, copy or otherwise exploit material from the Software for a commercial purpose; (d) edit or otherwise modify any material from the Software; or (e) re-distribute material from the Software.

You must not use the Software in any way that causes, or may cause, damage to the Software or impairment of the availability or accessibility of the Software; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use the Software to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Software without our express written consent.

Access to certain areas of the Software may be restricted. We reserve the right to restrict access to other areas of the Software, or indeed the whole Software, at our discretion.

It is your responsibility to ensure that your log-in and password are kept confidential. You must notify us in writing immediately if you become aware of any unauthorised use of your account or password. You are responsible for any activity on the Software arising out of any failure to keep your user ID or password confidential and may be held liable for any losses arising out of such a failure. You must not use any other person’s user ID and password to access the Software, unless you have that person’s express permission to do so. We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.

We do not warrant the completeness or accuracy of the information published on the Software; nor do we commit to ensuring that the Software remains available or that the material on the Software is kept up to date. Whilst we provide access through the Software to document pro formas and example terms and conditions, we are not qualified to provide any technical or legal advice and take no liability for the accuracy or completeness of any documents or content within or produced by the Software.

It is your responsibility to ensure that any use you make of the Software is lawful. It is also your responsibility to ensure that any data entered into the Software under your log-in is recorded, protected and used in accordance with the most recent data protection law.

You agree that in respect of any personal customer data that you process, you will:

– not use any personal data obtained from any customer for any other purpose than that which is necessary for the purposes of the provision of products or services requested by a customer, has been notified to the customer, and for which the customer has agreed in writing;
– take appropriate technical and organisational measures to guard against unauthorised or unlawful processing of personal data and against the accidental loss or destruction of, or damage to, personal data;
– take all reasonable steps to ensure the integrity and reliability of, and observance of these requirements by, any employees or other individuals acting on your behalf.
– ensure that once any personal data obtained from customers is no longer required for the purposes requested by a customer, it is destroyed or otherwise disposed of securely and in accordance with good data handling principles.

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to the Software and the use of the Software (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these terms of use or in relation to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use.

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Software, prohibiting you from accessing the Software and/or bringing court proceedings against you.

We may revise these terms of use from time to time. Revised terms of use will apply to the use of the Software from the date of publication of the revised terms of use on the Software.

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.
These terms of use constitute the entire agreement between you and us in relation to your use of the Software and supersede all previous agreements in respect of your use of the Software.

These terms will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales.

The full name of our company is TradeHelp Ltd.
We are registered in England and Wales under registration number 03712438.
Our registered address is Marchwiel Centre, Bryn Lane, Wrexham Industrial Estate, LL13 9UT.
Our VAT number is 163536702.
Our data protection registration number is ZA013059.
Our consumer credit licence number is 697812.
You can contact us by email at info@tradehelp.co.uk.