TERMS & CONDITIONS – MEGAFLO REWARDS LOYALTY SCHEME ("the Scheme")
Megaflo is a Heatrae Sadia brand.
This document sets out the terms and conditions of the Scheme having effect from 18th September 2017.
Heatrae Sadia is a trading name of Baxi Heating UK Limited (BHUK) which is a company registered in England and Wales with registered number 03879156 whose registered office is at Brooks House, Coventry Road, Warwick, CV34 4LL.
The Scheme is operated by Heatrae Sadia under which Megaflo Rewards points may be collected on the purchase and registration of Qualifying Megaflo products. These may be exchanged for specified reward goods, services and for cashback.
"Account" your account with the Scheme, detailing points collected and points redeemed;
"BHUK" Baxi Heating UK Limited;
"Megaflo Rewards points" points awarded under the Scheme on registration of a qualifying barcode;
"Business Support Items" means the items bought with points as offered on the website and which are subject to change from time to time;
"Membership Agreement" your agreement with BHUK for membership of the Scheme which incorporates these terms and conditions;
"Rewards Partner” any company whom BHUK may appoint from time to time as a supplier of Scheme Rewards in connection with the Scheme;
"Points" points awarded to you by BHUK under the Scheme
"Promotional Barcode" the promotional barcode which is supplied with a Qualifying Megaflo Product;
"Qualifying Products" those Megaflo products for which Scheme Points will be awarded, as determined by BHUK from time to time under Clause 5.1;
"Redemption Value" the redemption value of Scheme Points when used to purchase Scheme Rewards as determined by BHUK from time to time under Clause 7;
"Rewards" the goods, services and cashback which may be purchased using Points as determined by BHUK under Clause 7.1;
"You" or “Your” the sole trader, partnership or company who has applied to join and who has been accepted by BHUK into the Scheme.
3. SCHEME WEBSITE/ONLINE COMMUNICATION
All processes and methods relating to the Scheme, including becoming a member of the Scheme, claiming Points, ordering Rewards, updating your Account and communicating with BHUK are performed through the Scheme Website and BHUK will not be obliged to use or accept any other method of transaction or communication with you (including post or telephone) unless otherwise stated in these terms and conditions.
4. SCHEME MEMBERSHIP
4.1 Membership of the Scheme is open to businesses and/or individuals who supply and install heating products manufactured by Heatrae Sadia and whose principal place of business is situated in the UK and Channel Islands
4.2 Membership is only open to businesses. It is not open to consumers, namely natural persons acting for purposes outside their business. By becoming a member you represent to BHUK that you are acting for purposes within your business.
4.3 Membership of the Scheme is not open to anyone who receives contract support from BHUK (either directly from BHUK or indirectly via a merchant/distributor).
4.4 Membership of the Scheme is at the sole discretion of BHUK, and BHUK shall not be obliged to accept any applications for membership of the Scheme.
4.5 Membership of the Scheme is not available to persons under the age of 18 and the Rewards may not be redeemed by persons under the age of 18. You are responsible for ensuring that this age limit is strictly adhered to.
4.6 Claims for Megaflo Rewards points can only be made for Qualifying Megaflo Products purchased solely for business use by the Scheme Member or a representative of the business who is making the claim.
4.7 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.
4.8 You must ensure that all information you provide to BHUK is accurate, and you must keep your contact and other details up-to-date, using the forms provided on the Scheme Website. If you remove details which BHUK needs to administer your membership, BHUK may require you to supply alternative details or may terminate your Membership Agreement.
BHUK may from time to time require you 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 14 days of a request, BHUK may in its sole discretion terminate your membership of the Scheme immediately by notice to you which may result in loss of any points accrued to date.
4.9 Your membership of the Scheme and the benefit of your Points are personal to you, and you may not assign or transfer your Membership Agreement or such benefit to any other person, or create a charge over or declare a trust over your Membership Agreement or such benefit. However, with the prior written consent of BHUK, which will not be unreasonably withheld, you may transfer your membership and the benefit of your Points to a purchaser of the parent company of your business.
4.10 You are responsible for management of all user names and passwords provided in connection with the Scheme, and BHUK shall not be responsible for any misuse of such usernames and passwords, or any fraud committed using such usernames and passwords.
4.11 We recommend that you choose a strong password for your Account, consisting of a combination of upper and lowercase letters and numbers. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact us immediately. We will not be liable for any unauthorised use of your Account
5. QUALIFYING MEGAFLO PRODUCTS
5.1 You will be awarded Megaflo Rewards points for each qualifying Megaflo Product which you purchase and register on Megaflo Rewards. BHUK may determine and change from time to time without prior notice to you the products that qualify for points. Products valid for Megaflo Rewards points will be displayed on the scheme site.
5.2 The number of Megaflo Rewards points awarded for a Qualifying Megaflo product will be stated on the Scheme Website. BHUK may determine and change from time to time without notice to you how many Points will be awarded for a Qualifying Megaflo Product.
5.3 You may claim Megaflo Rewards points for up to 90 days after you have purchased a Qualifying Megaflo Product. The process for claiming Megaflo Rewards points is through the Scheme Website and requires the Promotional Barcode along with proof of purchase information:
Merchant / wholesale name
Merchant / wholesale postcode
Merchant / wholesale invoice number for the unit
You will also be required to upload a copy (copies) of the original invoice, as either a jpeg, gif or pdf (max. file size 5MB per attachment, max. 3 attachments).
The admin team will check the information supplied by you and, if everything is in order, the claim will be validated/approved and the Megaflo Rewards points for that unit will be allocated to your Scheme Account. The admin team aim to do this within 28 days of receipt of the claim.
Please note: Rewards points on your account will have a status of ‘Pending’ until this validation process has been completed. You will be notified as soon as your claim has been ‘Approved’, at that point you will receive the Megaflo Rewards points into your account.
BHUK reserves the right to request from time to time additional proof of purchase information to validate your claim as a condition of issuing Megaflo Rewards points.
5.4 Where a qualifying Megaflo Product purchased by you has already been discounted in some other way, or is subject to some other promotion, rebate or reward scheme, or you have received or are entitled to receive any discount, rebate, gift or other reward in respect of such qualifying Megaflo Product, then it will not attract Megaflo Rewards points. Megaflo Rewards points can also be deducted in the event that this applies.
6. MEGAFLO REWARDS POINTS
6.1 Megaflo Rewards points will be valid for 12 months from and including the day those Megaflo Rewards points are validated and credited to your Account. If you do not use your Megaflo Rewards points to claim cashback or to purchase products from the Rewards catalogue within that period, those Megaflo Rewards points will cease to be valid.
6.2 Your accumulated Megaflo Rewards points balance may be checked at any time through the Website, and you will be given up to the minute availability when you submit an order for a Reward on Megaflo Rewards.
6.3 Megaflo Rewards points may only be used to claim cashback or to purchase rewards. Megaflo Rewards points cannot be used to finance pre-arranged or external direct purchases.
6.4 Megaflo Rewards points will be awarded when a valid promotional barcode label and valid proof of purchase information is provided on the Website. The promotional barcode contains 17 digits unique to the product. Serial numbers shorter than this are not valid.
6.5 BHUK may introduce additional levels of membership in accordance with any changes to its own terms and conditions.
7. SCHEME REWARDS
7.1 The Rewards available at any point are listed on the Scheme Website.
BHUK may determine and change the nature and quantity of Rewards which are offered from time to time without prior notice to you. 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.
7.2 All Rewards must be ordered directly from the rewards catalogue on the Megaflo Rewards scheme Website. Unless specifically notified otherwise, all rewards supplied in return for Megaflo Rewards points are provided solely by our rewards partners. Our reward partners make no warrant in respect to any reward. You must exchange defective products or goods by following the supplier-designated procedures.
7.3 Rewards can be claimed by redeeming Megaflo Rewards points only. In order to claim a reward you must have a sufficient points balance to cover the points referenced in the rewards catalogue. If you choose to take cashback, you can only do so by taking the full amount of £150.
7.4 The Redemption Value(s) in points for all or any given Reward(s) will be specified on the Scheme Website.
7.5 BHUK may set and change the Redemption Value(s) for your Megaflo Rewards points and for any given Reward(s) from time to time at its sole discretion without prior notice to you. You should not assume that any stated Redemption Value(s) will remain the same. However, no variation to any Redemption Value(s) will affect any orders for Rewards which have been submitted by you prior to the time the variation is made.
7.6 Subject to condition 13.1, to the fullest extent permitted by law BHUK 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 arising) with respect to the scheme rewards, including with respect to safety, quality, fitness for purpose, compliance with description or otherwise, or with respect to any delay in delivery, non-delivery or other breach by the reward partners of any contract to supply you a scheme reward, and all such liability is hereby excluded to the fullest extent permitted by law. For the avoidance of doubt, all warranties, terms and conditions implied by statute, common law, custom or otherwise as to the safety, condition or quality of the scheme rewards, or the fitness for purpose of the scheme rewards, or correspondence of the scheme rewards with any sample or description, are hereby excluded.
7.7 Where you are entitled to any refund with respect to any Reward, except the event you receive a full or partial refund in any other form such refund may be in the form of a re-credit of some or all of the Megaflo Rewards points used by you to purchase such Reward.
8. BUSINESS SUPPORT ITEMS
8.1 The Business Support Items available at any point are listed on the Scheme Website. BHUK may determine and change the nature and quantity of Business Support Items which are offered from time to time without prior notice to you. All Business Support Items are subject to availability, and you should not assume that any given Business Support Items will be available or continue to be available in the future or at any stated Redemption Value.
8.2 The Redemption Value(s) in points for all or any given Business Support Items will be specified on the Scheme Website.
8.3 BHUK may set and change the Redemption Value(s) for any given Business Support Items from time to time at its sole discretion without prior notice to you. You should not assume that any stated Redemption Value(s) will remain the same. 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 BHUK prior to the time the variation is made.
8.4 BHUK does not warrant that lead-generating measures will generate leads or subsequent business.
8.5 Where Business Support Items are personalised, the member is responsible for ensuring details (as signed off) are accurate and BHUK will not be responsible for any errors as a result of incorrect information supplied.
8.6 No refund is available on Business Support Items.
8.7 Where separate terms and conditions apply to certain Business Support Items, these will be available on the website.
9. BAXI CUSTOMER SUPPORT PRIORITY
9.1 Priority phone line. If you ring Baxi Customer Support, on the dedicated Megaflo Rewards priority line and select option 1 for ‘Service’ we aim to answer your call within 30 seconds. If all our agents are busy, you can leave a message on the Megaflo Rewards answer phone and we will ring you back within half an hour. If you select option 2 for 'Technical', you’ll jump straight to the front of the queue for the top tier of technical support. The Megaflo Rewards priority phone line is only available to you, the Megaflo Rewards member, not the homeowner.
9.2 Next day call out from Baxi Customer Support. For members we will visit next day (dependent on time and date of call, see below) for breakdowns of registered cylinders for appliances off* within warranty for 2 years post installation
* 'appliance off' means a cylinder that is not producing hot water, or leaks water.
9.3 BHUK reserves the right to withdraw the Baxi Customer Support priority service call out and priority technical helpline if you are not participating in the Megaflo Rewards scheme (registering at least 1 cylinder a year).
9.4 The next day call out operates on a best endeavour basis. For example, in periods of high demand, such as adverse weather conditions.
9.5 For Scotland, next day call out only applies to the following postcode regions EH, FK, ML, KY, G (except G60/63/81--‐84), KA (except KA27/28/29 KA31--‐KA99). The above SLA is not applicable to any postcodes outside of these regions due to their rural locations.
9.6 For Islands next day is on a best endeavour basis only for the following Postcodes GY, HS, IM, KA27-28, KW, PA42-78, PH41 to 44, PO30-41, TR21-TR25 and ZE
9.7 The Baxi Customer Support priority number is for cylinders of up to 500 litres and excludes renewable products (e.g. solar cylinders).
10. WARRANTY REGISTRATIONS
10.1 You will apply for manufacturer's warranty by completing the online registration form on the website.
10.2 To complete the form you will need the serial number of the cylinder(s).
10.3 Manufacturer's warranty registrations are carried out in accordance with the terms and conditions, which are available on the Heatrae Sadia website.
10.4 The information held by Baxi Customer Support takes precedence over what it says in a member's account.
10.5 You must have purchased and installed the cylinder within the last 9 months.
11. DATA PROVISION
11.1 Data provided for Warranty Registration will be used in accordance with BHUK's terms and conditions of business, a copy of which is available on the Heatrae Sadia website.
11.3 All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under and Our obligations under that Act.
11.4 We may use your personal information to:
1. Reply to any communications you send to Us;
2. Send you important notices about your Megaflo Rewards account
3. Send you promotions, offers, technical help, product information
11.4 We will not pass on your personal information to any third parties [without first obtaining your express permission to do so].
12.1 By joining the Megaflo Rewards Programme you agree to allow BHUK and its partners to communicate with you via your chosen method with suitable offers, which may contain opportunities to earn and redeem. BHUK will always use this communication method responsibly. If you would prefer not to receive such offers you can contact us via the Megaflo Rewards Scheme Website. Alternatively you are given the opportunity in every electronic communication received to opt-out of receiving any further communication.
13. BHUK GENERAL LIABILITY
13.1 Nothing in these conditions shall limit or exclude either parties liability for:
1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
2. fraud or fraudulent misrepresentation; or
3. any other liability which cannot by law be excluded
13.2 BHUK excludes and shall not have liability to you (whether in contract, tort, or under statute, or for breach of contract, negligence, breach of statutory duty, or otherwise and howsoever arising) for any of the following types of loss or any losses resulting therefrom:
13.2.1 any special, indirect or consequential loss;
13.2.2 any loss of profit, use, expectation, anticipated savings, data, production, business, revenue, contract or goodwill;
13.2.3 any costs or expenses, liability, commitment, contract or expenditure incurred in reliance on or in the expectation of the scheme rewards being povided in accordance with the scheme; or
13.2.4 losses suffered by third parties or your liability to any third party.
13.3 all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
14. FORCE MAJEURE
BHUK shall not be in breach of your Membership Agreement where BHUK fails to perform or delays in performing any obligations which it has to you under your Membership Agreement or in relation to the Schedule due to any event or circumstance beyond its reasonable control.
15. FRAUDULENT ACTIVITY
If you have claimed Megaflo Rewards points unlawfully or in breach of your Membership Agreement, then in addition to any other rights and remedies of BHUK:
15.1 If you have been supplied with any Reward, paid for using any such Megaflo Rewards points, you will be liable to pay to BHUK on demand an amount equal to the value of such Reward less any cash payment you made in respect of such Reward.
15.2 BHUK's Rewards Partners shall be entitled to cancel any undelivered orders for Rewards you have made.
15.3 BHUK shall be entitled to forfeit all of your Megaflo Rewards points, including validly claimed Megaflo Rewards points.
15.4 BHUK shall be entitled to refuse to award further Megaflo Rewards points.
15.5 BHUK shall cancel your membership.
16.1 You may at any time by notice to BHUK 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. BHUK may terminate your membership of the Scheme at any time immediately by notice to you.
16.2 BHUK may close the Scheme at any time by at least one week's notice on the website which shall effect a termination of your Membership Agreement at the point of closure.
16.3 We may terminate your membership of the Scheme immediately by notice to you if you:
16.3.1 commit an irremediable material breach of your Membership Agreement;
16.3.2 commit any breach of these terms (however minor, and whether or not remediable) and you commit a similar breach again after notice from BHUK;
16.3.3 commit any remediable breach of these terms and conditions (however minor) and do not remedy that breach in a reasonable period after notice from BHUK.
16.4 On closure of this Scheme or termination of your membership of the Scheme, your Membership Agreement will terminate and all your Megaflo Rewards points will automatically cease to be valid and be forfeit.
BHUK may unilaterally vary the Scheme and all or any of the terms of the Scheme, including these terms and conditions, and any other terms of your Membership Agreement in any way and at any time immediately by notice posted on the Scheme Website, or by notice sent by e-mail or post to you.
18.1 The Megaflo Rewards points, Rewards and cashback may be subject to taxation. Any such tax liability is your sole responsibility and BHUK will not accept any responsibility for tax liabilities incurred as a result of any receipt by you of Megaflo Rewards points or purchase by you of Rewards or cashback using Megaflo Rewards points, or in respect of contract support or any other discounts, rewards or benefits received by you in return for the purchase of BHUK products.
18.2 No person other than you and BHUK shall have the right to enforce any term of your Membership Agreement, including these terms and conditions, and the Contracts (Rights of Third Parties) Act 1999 shall not apply. In any event the Membership Agreement and these terms and conditions may be varied without the consent of any third party.
18.3 BHUK may sub-contract its obligations in relation to the Scheme and its operation, and may appoint an agent to operate the Scheme on its behalf.
In particular, such information may be held by BHUK or its agents or sub-contractors for the purposes of operating the Scheme, and such information may be passed on to our rewards partners 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.
18.5 BHUK reserves the right to audit the cylinder registration process from time to time, which may include requesting copy invoices relating to specific, recently registered cylinders.
18.6 All notices and communications by you to BHUK concerning the Scheme, including complaints and questions, shall be sent by e-mail 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 BHUK to you may be sent by e-mail using the address which you have provided BHUK in your registration with the Scheme. You will be responsible for keeping this e-mail address up to date.
18.7 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 arising, other than for fraud; and a reference to any gender shall include every gender.
19. IT LIABILITY
19.1 BHUK and its affiliates are not 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.
20. LAW AND JURISDICTION
20.1 These Terms and Conditions, the Scheme, your Membership Agreement and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
20.2 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
21. MEGAFLO MEGACASH PROMOTION CLOSURE
21.1 The Megaflo Megacash promotion is available to the individual or company that has legitimately purchased any Megaflo Eco, Eco Slimline, SystemFit, SystemReady, PVReady, Eco Plus, Solar, SolaReady or Commercial model and will end 30th September 2017, with the deadline for receipt of all claims being 31st December 2017.
21.2 If an individual or company is found to be in breach of point 21.1 of these terms and conditions by the promoter, they will be held liable for compensation of the full claim to the legitimate party in the case of a dispute.
21.3 To claim your £150* Mega Cash simply submit your claim online at www.heatraesadia.com/megacash.htm including the upload of your copy VAT invoice(s). You are advised to keep copies of all documentation.
21.4 Claimants will not be permitted to claim Mega Cash and register the same cylinder for points through the Megaflo Rewards loyalty scheme.
21.5 Claims for Mega Cash can be submitted online at www.heatraesadia.com/megacash.htm.
21.6 All details of the transaction must be presented on the VAT invoice(s) in order for your claim to be processed. This includes: Merchant Name, Merchant Address, Merchant VAT registration number, Your Name or your Company Name (even in the case of a cash sales invoice), Document Date, Document Number, Unit Quantity, Full Description of Unit, Unit Cost, Invoice Total, VAT charged if merchant is VAT registered.
21.7 Incomplete claim forms and invoices that are illegible will be returned without being processed. If an invoice contains two or more pages we require copies of all the pages.
21.8 All enquiries are to be emailed to email@example.com - we do not accept emailed claims.
21.9 All information submitted for the Mega Cash promotion will only be used for the administrative purposes of this promotion unless otherwise stated and the relevant permission granted by the customer.
21.10 £150* Mega Cash claims will be processed in due course and your cheque will be sent to you in the post. Please allow a minimum of 28 working days before contacting us.
21.11 Cheques will be made payable to the company or the individual's name on the merchant VAT invoice with no exceptions.
21.12 Claimants must be aged 18 or over and a UK resident.
21.13 Merchants, agents, distributors or their employees and employees of Heatrae Sadia^ may not participate in this promotion.
21.14 No responsibility can be taken by the promoter for claims lost or delayed. Proof of submission will not be accepted as proof of receipt. No correspondence will be entered into. All copies of documentation presented to Heatrae Sadia^ must be kept by the claimant.
21.15 The £150* Mega Cash is payable on receipt of the proof of purchase and is inclusive of VAT.
21.16. Any tax or VAT liability arising from participation in this promotion and receipt of the Mega Cash reward is entirely the responsibility of the claimant.
The £150 Mega Cash reward is a VAT adjusting rebate. Heatrae Sadia will reduce its output VAT and the claimant will need to reduce their input VAT, if input VAT has been claimed.
21.17 The promoter reserves the right to alter, amend or withdraw the promotion at any time without notice and any decision taken is final.
21.18 The promoter will not take part in any dispute that may arise between participating parties and reserves the right to refuse payment of the £150* if a dispute cannot be amicably resolved between said parties.
21.19 The promoter is Heatrae Sadia.^
21.20 End user customers must obtain written consent from the installing company before submitting a claim if the installing company's name is printed on the invoice. A copy of this consent letter must accompany the claim.
21.21 Please note that this promotion is valid against MEGAFLO units purchased at normal trade terms only for the sole purpose of installation by an installer. MEGAFLO units that are purchased for resale are not valid for this promotion.
21.22 Claims cannot be accepted where a MEGAFLO unit is purchased at a greatly reduced or contracted price. Contracts will have to be cancelled before you can claim the £150* Mega Cash.
21.23 Claims for the £150* Mega Cash scheme are to reach us no later than 30th December 2017 and no late claims will be accepted for whatever reason after this date.
21.24 This promotion for the £150* Mega Cash cannot be used in conjunction with any other promotion currently running for MEGAFLO unless otherwise stipulated in the terms and conditions of that promotion.
21.25 By submitting a claim, the claimant acknowledges and is deemed to have accepted all the above terms and conditions. Please retain a copy of this page for your future reference. *£125 + £25 VAT. At current rate of VAT.
^Heatrae Sadia is a trading name of Baxi Heating UK Limited. Registered Office: Brooks House, Coventry Road, Warwick, CV34 4LL. Registered in England and Wales 03879156.