Terms and Conditions
Terms and Conditions
Terms and Conditions
Connect Scheme and Max AI Scheme Terms & Conditions For the UK, CHI, ROI and NA
These terms and conditions were last updated January 22 2024
1. Introduction
1.1. The Connect Scheme and Max AI Scheme are operated by Groupe Atlantic in the UK, Channel Islands (CHI), Republic of Ireland (ROI) and North America (NA), under which points may be collected on the purchase of qualifying products. These may be exchanged for specified reward goods and services. For specific details concerning the Max AI scheme (applicable UK only) please see section two.
2. Definitions
2.1. "Connect Schemes” refers to the product loyalty schemes available to registered professional heating engineers based in the UK, CHI, ROI and NA as described at www.installerconnect.com.
2.2. "Groupe Atlantic” refers to any business and/or brand it owns based in the UK, CHI, ROI and NA including Ideal Heating and Triangle Tube in NA.
2.3. "Ideal Heating” refers to Ideal Boilers Limited, a company registered in the UK, together with other companies within Groupe Atlantic. "Ideal Boilers," "Ideal Heating" and Triangle Tube are interchangeable for the benefits of the Connect Schemes and will be abbreviated to Groupe Atlantic within this document.
2.4. "Insolvent" refers to an event where any one of the following occurs in relation to a party:
2.4.1. any step or action is taken, any notice, document, petition or application is filed at court, or any resolution is passed, in connection with that party entering administration, a moratorium, provisional liquidation, a company voluntary arrangement, or any other composition or arrangement with its creditors (other than in relation to a solvent restructuring), bankruptcy, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring) or having a receiver appointed over any of its assets;
2.4.2. an event similar or analogous to those listed in a) above occurs under the law of any jurisdiction of a party; or
2.4.3. a party suspends, or threatens to suspend, or ceases, or threatens to cease, to carry on all or a substantial part of its business.
2.5.1. "Login Details” refers to the user name and password which you use to access the Platform;
2.5.2. "Account" is your account with the Connect scheme or the Max AI Scheme, detailing points collected and points redeemed when you purchase Rewards from the Partner Retailer;
2.5.3. "Business Support Item" relates to a Reward that provides support, for example, training, technical support or some other non-product related Reward.
2.6. "Third-party Partner" is any company whom Groupe Atlantic may appoint from time to time as a supplier of Connect Scheme rewards or the Max AI Scheme, in connection with the programmes to provide you with Rewards.
2.7. "Points" means points awarded to you by Groupe Atlantic.
2.7.1. “Qualifying Products” are those Groupe Atlantic products for which Connect Scheme points will be awarded, as determined by Groupe Atlantic;
2.7.2. “Redemption Value” is the redemption value of scheme points when used to purchase Scheme Rewards as determined by Groupe Atlantic;
2.7.3. "Rewards" are the goods and services which may be purchased using Points as determined by Groupe Atlantic;
2.7.4. "You" refers to the sole trader, partnership or company who has applied to join and who has been accepted by Groupe Atlantic into the Connect Scheme or the Max AI Scheme.
2.8. "Platform" refers to www.installerconnect.com or any other website or application owned or operated by Groupe which is made available to you from time to time, for the purposes of facilitating your membership of the Connect Scheme or Max Al Scheme, claiming the Points, ordering the Rewards, updating your Account and otherwise communicating with Groupe Atlantic.
2.9. "Virus" refers to computer viruses, trojans, worms, logic bombs, disabling code or routines or other material which is malicious or technologically harmful.
3. Connect Scheme Website and Online Communications
3.1. All processes and methods relating to the Connect Scheme or Max Al Scheme, including becoming a member, claiming points, ordering rewards, updating your account and communicating with Groupe Atlantic can be performed through the Connect scheme website. Groupe Atlantic will communicate using telephone, email and/or post but is not obliged to accept any other method of transaction or communication with you unless otherwise stated in these terms and conditions.
4. Scheme Membership
4.1. Membership of the Connect Schemes is open to businesses and/or individuals who supply and install heating products manufactured by Groupe Atlantic and whose principal place of business is situated in the UK, CHI, ROI and NA. Businesses and/or individuals (professional heating engineers) must be formally accredited in their relevant country for fitting gas appliances.
4.2. Membership is not open to consumers. By becoming a member, you are confirming to Groupe Atlantic that you are acting for purposes within your business.
4.3. Membership of the Connect Schemes is not open to anyone who receives contract support from Groupe Atlantic or who is taking advantage of any external rewards and/or savings.
4.4. Membership of the Connect Schemes is at the sole discretion of Groupe Atlantic, and Groupe Atlantic shall not be obliged to accept any applications for membership of the Connect Scheme or the Max Al Scheme.
4.5. Membership of either Scheme is not available to persons under the age of 18 and the Rewards may not be purchased by persons under the age of 18. You are responsible for ensuring that this age limit is strictly adhered to.
4.6. When you apply to become a member of the Connect Scheme or the Max Al Scheme, you agree that your application and membership of the relevant Scheme shall be governed by these terms and conditions.
4.7. You must ensure that all information you provide to Groupe Atlantic is accurate, and you must keep your contact and other details including your email address up-to-date, using the forms provided on the Connect Scheme and the Max Al Scheme website. If you remove details which Groupe Atlantic needs to administer your membership, Groupe Atlantic may require you to supply alternative details or may terminate your Membership Agreement.
Groupe Atlantic may from time to time require you to reconfirm your details by visiting the Connect Scheme and the Max Al Scheme website and actively confirming through the website that the details are correct. If you fail to do so within 14 days of a request, Groupe Atlantic 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.
4.8. Your membership of the Connect Scheme and/or the Max Al 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.
5. Platform
5.1. By using the Platform, you are accepting and consenting to the practices described in these terms and conditions (such use of the Platform includes accessing, viewing Account information on, initiating transaction on, accepting an offer from a third-party partner, or using the Platform in any other way).
5.2. By using the Platform, you confirm acceptance of these terms and conditions and that you agree to comply with them.
5.3. If you do not agree to these terms and conditions, you must 'opt out' of the Scheme via the Platform, you are not permitted to use the Platform and must immediately cease your use of the Platform, and close the browser used to access the Platform.
5.4. Access to the Platform is not the responsibility of Groupe Atlantic. Groupe Atlantic does not guarantee that the Platform will always be available, error free or uninterrupted. Groupe Atlantic will not be liable to you if the Platform contains inaccuracies or is unavailable at any time or for any period.
5.5. Groupe Atlantic may update the Platform (and/or change the content, including the right to withdraw or change the Schemes, or any of its Rewards) at any time without notice to you. Depending on the nature and type of an update, you may not be able to use the Platform until you accept any new or additional terms and conditions.
5.6. The Platform is directed to people residing in the UK, CHI, ROI and NA only. Groupe Atlantic does not represent that content available on or through the Platform is appropriate or available in the other locations in which Groupe Atlantic operates. These other locations may be subject to their own terms and conditions. Groupe Atlantic may limit the availability of the Platform to any person or geographic area at any time. If you choose to access the Platform from outside the UK, CHI, ROI and NA, you do so at your own risk.
5.7. You are responsible for making all arrangements necessary for you to have access to the Platform and for ensuring your business profile on the Groupe Atlantic installer look-up on the Platform is always up to date. This can be managed through the Platform or by contacting the Connect support team via email or telephone call.
5.8. You will need to create or obtain login details to gain access to the Platform. We may ask you to change your login details from time to time as a security measure. You must treat your login details as confidential and you must not disclose them to any third-party who is not authorised to access your account through the Platform.
5.9. Unless caused by Groupe Atlantic, you are responsible for, and agree to hold Groupe Atlantic harmless from, any unauthorised access or charges to your account resulting from other individuals having access to your login details.
6. Qualifying Products
6.1. You will be awarded Points for each Qualifying Product which you purchase. Groupe Atlantic may determine and change from time to time without prior notice to you the products that qualify for Points.
6.2. The number of Points awarded for a qualifying Groupe Atlantic product will be stated on the relevant Schemes Website. Groupe Atlantic may determine and change from time to time without notice to you how many Points will be awarded for a qualifying Groupe Atlantic product.
6.3 Qualifying products which have been registered and enter the pending section of your account are reviewed by our internal teams to verify accuracy of data. If your pending registration is rejected due to being unable to verify accuracy of installation details or does not qualify due to terms of the Connect scheme, these will not be eligible for any relevant Connect benefits or running promotion.
6.4 Groupe Atlantic reserve the right to reject a product registration and gas safe notification through your Connect account (GB applicable) if you are unable to verify the accuracy of the data inputted.
7. Points
7.1. Connect points are valid for 12 months from the date of your last registration on Connect. After 12 months they will be cleared from your account and your account will be closed. You will be able to reopen a new Connect account at any time after this.
7.2. Your accumulated Points balance may be checked at any time through the Connect Scheme website, and you will be shown a live balance of available points when you submit an order for a Reward.
7.3. Points may only be used to purchase Rewards and may not be exchanged for cash. Points cannot be used to finance pre-arranged or external direct purchases.
7.4. Groupe Atlantic reserves the right to introduce additional levels of membership in accordance with any changes to its own terms and conditions.
7.5. Only products that have been installed in the 30 days immediately prior to the date of submission by the account holder for registration through the Connect Scheme or the Max Al Scheme, will be eligible to earn Reward points. The account holder must be formally accredited in their relevant country for fitting gas appliances, and the product eligible for a warranty.
7.6. Points cannot be claimed in conjunction with any other forms of financial support e.g. Contract Support or any other discount.
8. Connect Scheme Rewards
8.1. The Rewards available at any point are listed on the Connect Scheme and the Max Al Scheme website. Groupe Atlantic 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.
8.2. The Redemption Value(s) for all or any given Reward(s) will be specified on the relevant Connect Schemes website.
8.3. Groupe Atlantic 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 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 and accepted by the Partner Retailer prior to the time the variation is made.
8.4. To the fullest extent permitted by English law, Groupe Atlantic 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 Connect Scheme or the Max Al Scheme rewards, including with respect to safety, quality, fitness for purpose, compliance with description or otherwise, or with respect to any delay in delivery. 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 Connect Scheme or the Max Al Scheme rewards, or the fitness for purpose of the rewards, or correspondence of the rewards with any sample or description, are hereby disclaimed and excluded.
8.5. We are able to accept returns and exchanges on a limited range of Connect and the Max Al Scheme rewards. Please speak to the Connect team, to check that your item is eligible. Let us know you are not happy with your purchase within 30 calendar days of the order date, as stated on your Connect order history. Email the global team at [email protected] with your order number and reason for your return or exchange. A return address and details to include will be provided by the Connect team on acceptance of the return. All returns will be inspected, with refunds and exchanges only given if the product can be resold (unless faulty). We are only able to process exchanges where stock is available. Unless incorrectly supplied or deemed to be faulty, we cannot accept the return of: goods that have been worn, washed or don’t have the original packaging for resale, goods that have been specially procured in line with your requirements, or goods that are not deemed to be in a resaleable condition. It is recommended that all returns are delivered using a tracked service - please note, the cost of returning the item to us must be covered by you. Exchanges cost an additional 39 Connect points to cover the cost of shipping the new item to you. We will process the return back in Connect points against your account, removing 39 points to cover the cost of the original shipping. Points cannot be transferred to another Connect Scheme account and cannot be taken in another currency. Please allow up to 10 working days following our receipt of the item. We reserve the right to modify the exchange cost in accordance with changes in shipping costs.
9. Business Support Items
9.1. Business Support Items, for example training courses, available at any point are listed on the relevant Schemes website. Groupe Atlantic may determine and change the nature and quantity of these items which are offered from time to time without prior notice to you. 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.
9.2. The Redemption Value(s) for all or any given Business Support Items will be specified on the Connect Scheme or the Max Al Scheme website.
9.3. Groupe Atlantic 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 Groupe Atlantic prior to the time the variation is made.
9.4. Where separate terms and conditions apply to certain business support items, these will be available on the website.
10. Groupe Atlantic General Liability
10.1 Groupe Atlantic 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 therefrom:
10.2. any special, indirect or consequential loss;
10.3. any loss of profit, use, expectation, anticipated savings, data, production, business, revenue, contract or goodwill;
11.4. any costs or expenses, liability, commitment, contract or expenditure incurred in reliance on or in the expectation of the Connect Schemes Rewards being provided in accordance with the Connect Schemes; or
11.5. losses suffered by third parties or your liability to any third party.
12. Force Majeure
12.1 Groupe Atlantic shall not be in breach of your Membership Agreement where Groupe Atlantic 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.
13. Fraudulent Activity
13.1 If you have claimed Points unlawfully or in breach of your Membership Agreement, then in addition to any other rights and remedies of Groupe Atlantic:
13.1.2. If you have been supplied with any Reward, paid for using any such Points, you will be liable to pay to Groupe Atlantic on demand an amount equal to the value of such Reward less any cash payment you made in respect of such Reward.
13.1.3. Groupe Atlantic shall be entitled to cancel any undelivered orders for Rewards you have made.
13.1.4. Groupe Atlantic shall be entitled to forfeit all of your Points, including validly claimed Points.
13.1.5. Groupe Atlantic shall be entitled to refuse to award further Points.
13.1.6. Groupe Atlantic shall cancel your membership.
14. Termination and Suspension
14.1. You may at any time by notice to Groupe Atlantic terminate your membership of the Connect Scheme or the Max Al Scheme. In such case, your membership will terminate at the end of the next day following receipt of your notice. Groupe Atlantic may also terminate your membership of the Connect Scheme or the Max Al Scheme at any time immediately by notice to you.
14.2 Groupe Atlantic may close the Connect Schemes 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.
14.3. We may terminate your membership of Connect Schemes immediately by notice to you if you:
14.3.1. commit an irremediable material breach of your Membership Agreement;
14.3.2. commit any breach of these terms (however minor, and whether or not remediable) and you commit a similar breach again after notice from Groupe Atlantic; or
14.3.3. commit any remediable breach of these terms and conditions (however minor) and do not remedy that breach in a reasonable period after notice from Groupe Atlantic.
14.4. On termination of your membership and/or closure of the Connect Scheme and/or the Max Al Scheme, your Membership Agreement will terminate and all your Business Points will automatically cease to be valid and be forfeited. However, any contracts between you and the Partner Retailer for the purchase for Rewards will be unaffected, subject to Clause 11.
14.5. Groupe Atlantic may, at any time and without prior notice, suspend or terminate your use of the Platform and your access to either Scheme (in whole or in part) temporarily or permanently. Groupe Atlantic may do this:
14.5.1. if Groupe Atlantic is making repairs, updates, or conducting maintenance on the Platform;
14.5.2. if Groupe Atlantic has concerns about the security of the Platform;
14.5.3. if Groupe Atlantic suspects that the login details for your Account have been compromised or used fraudulently or in an unauthorised way;
14.5.4. if you use the Platform, or otherwise act, in a way that brings Groupe Atlantic into disrepute or is otherwise deemed unacceptable by Groupe Atlantic;
14.5.5. if there are legal obligations which Groupe Atlantic has to meet;
14.5.6. if Groupe Atlantic is prevented from providing the Platform for any reason beyond Groupe Atlantic's reasonable control;
14.5.7. if you become Insolvent; or
14.5.8. for any other reason in Groupe Atlantic's absolute discretion.
14.6. Groupe Atlantic will not be liable to you if for any reason the Platform (or any part or parts thereof) is unavailable at any time or for any period.
14.7. In the circumstance that you leave either scheme, third-party memberships will continue until your membership period ends.
15. Variations
15.1. Groupe Atlantic may unilaterally vary the Connect Schemes and all or any of the terms of the Connect 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 Connect Schemes Website, or by notice sent by email or post to you.
16. General
16.1. These terms and conditions, together with any other terms stated on the Connect Schemes Website, constitute the entire agreement between you and Groupe Atlantic relating to the Connect Scheme and if applicable the Max Al Scheme.
16.2. Except for these express written terms, you agree that in entering into the agreement you have not relied on any oral or written statement or representation from Groupe Atlantic.
16.3. The Points and Rewards may be subject to taxation. Any such tax liability is your sole responsibility and Groupe Atlantic will not accept any responsibility for tax liabilities incurred as a result of any receipt by you of Points or purchased 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 Groupe Atlantic products.
16.4. No person other than you and Groupe Atlantic 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.
16.5. Groupe Atlantic may sub-contract its obligations in relation to the Connect Scheme and its operation, and may appoint an agent to operate the programme on its behalf.
16.6. Where you provide any information to Groupe Atlantic relating to an individual, such as details of sole traders, partners, directors or employees, contact details of individuals, and other personal data, this data will be managed and used in accordance with the Groupe Atlantic Privacy Policy, which can be found here: https://installerconnect.com/privacy-policy. In particular, such information may be held by Groupe Atlantic or its agents or sub-contractors for the purposes of operating the Connect Schemes and Platform. Additionally, any 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.
16.7. Groupe Atlantic reserves the right to audit the boiler registration process from time to time, which may include requesting copy invoices relating to specific, recently registered boilers.
16.8. All notices and communications by you to Groupe Atlantic concerning the Connect Schemes, including complaints and questions, shall be sent by email using the address stated on the Connect Scheme and the Max Al Scheme website, or using any web form submitted through the Connect Schemes, or using any technical enquiry number provided from time to time on the Connect Scheme website. All notices and communications from Groupe Atlantic to you may be sent by email using the address which you have provided to Groupe Atlantic in your registration with the Connect Scheme. You will be responsible for keeping this email address up to date.
16.9. 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.
16.10. These terms and conditions are written in the English language, and whilst Groupe Atlantic may publish translations of these terms and conditions in other languages, those translations are provided for convenience only. In the event of a conflict or discrepancy between the English version of these terms and conditions and that of any other language, the English version will prevail.
16.11. You agree that the Connect Scheme and/or Max Al Scheme and your Membership Agreement is governed by English Law, and that the English courts shall have exclusive jurisdiction in respect of any disputes.
17. IT Liability
17.1. Groupe Atlantic 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.
18. Disqualification
18.1. Groupe Atlantic reserves the right to disqualify any participant in the Connect Scheme or the Max Al Scheme who tampers with or abuses any aspect of the programme, or who fails to comply with any of these terms and conditions.
19. Acceptance of Terms
19.1. Your access to and use of installerconnect.com ("the website") and any Services referred to in Clause 1 and/or 2, is subject to these terms and conditions. You will not use the website/services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the website/services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions, you must immediately stop using the website/services.
19.2. We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the website/services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
20. User Account, Password & Security
20.1. If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service.
20.2. You are responsible for management of all user names and passwords provided in connection with the Schemes, and Groupe Atlantic shall not be responsible for any misuse of such usernames and passwords, or any fraud committed using such usernames and passwords. In no event will Groupe Atlantic be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password.
20.3. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. You may not use another person’s account at any time, without the express permission of the account holder.
21. Acceptable Use
21.1. You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials ("the Content"), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. Groupe Atlantic will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
21.2. In using the website/services you agree not to:
21.2.1. use the services to send junk email, spam, pyramid schemes or any other unsolicited messages, commercial or otherwise;
21.2.2. post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
21.2.3. post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
21.2.4. threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
21.2.5. use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
21.2.6. collect or store personal information about others, including email addresses;
21.2.7. advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
21.2.8. impersonate any person or entity for the purpose of misleading others;
21.2.9. violate any applicable laws or regulations;
21.2.10. use the website/services in any manner that could damage, disable, overburden or impair the website/services or interfere with any other party’s use and enjoyment of the website/services;
21.2.11. post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
21.2.12. attempt to gain unauthorised access to any of the services, other accounts, computer systems or networks connected to the website/services through hacking, password mining or any other means.
21.3. We have no obligation to monitor the services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.
22. Termination
22.1. We have the right to terminate your access to any or all of the services at any time, without notice, for any reason, including without limitation breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the website/services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the website/services.
23. Links to Third Party Websites
23.1. The website/services may include links to third party websites that are controlled and maintained by others.
23.2. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Groupe Atlantic is not responsible for the content or availability of any such sites.
24. Intellectual Property Rights
24.1. The website and its content (including without limitation the website design, text, graphics and all software and source codes connected with the website and the services) are protected by copyright, trademarks, patents and other intellectual property rights and laws. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder.
24.2. installerconnect.com does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the services. However, by doing so you are granting us a worldwide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such content for as long as you elect to display such content via the Services. The licence shall be terminated when such content is deleted from the services.
25. Indemnity
25.1. You agree to indemnify and hold Groupe Atlantic harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against Groupe Atlantic by any third party arising out of your use of the services and/or any content submitted, posted or transmitted through the services, including without limitation all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by installerconnect.com in consequence of your breach of these Terms and Conditions.
26. Disclaimers & Limitation of Liability
26.1. Use of the website/services is at your own risk. The website/services are provided on an "as is" and "as available" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
26.2. To the extent permitted by law, Groupe Atlantic will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the website/services.
26.3. Groupe Atlantic makes no warranty that the website/services will meet your requirements, that content will be accurate or reliable, that the functionality of the website/services will be uninterrupted or error free, that defects will be corrected or that the website/services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
26.4. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of installerconnect.com for death or personal injury as a result of the negligence of Groupe Atlantic.
26.5. Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
27. Severance
27.1. If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any English court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
28. Governing Law
28.1. These Terms and Conditions shall be governed by and construed in accordance with the law of England and whether you are based in the UK, CHI, ROI or NA, you must agree to the exclusive jurisdiction of the English courts.
SECTION TWO
Additional Terms and Conditions of the Max Accredited Installer Scheme
THE IDEAL HEATING MAX ACCREDITED INSTALLER SCHEME IS ONLY APPLICABLE TO UK RESELLERS OF IDEAL HEATING PRODUCTS AND IS SUBJECT TO THE FOLLOWING ADDITIONAL CONDITIONS.
29. Introduction
29.1. The Max Accredited Installer (Max AI) Scheme is operated by Ideal Heating as an extension of the Connect Scheme, (each scheme as defined below) under which points may be claimed and used by members of the Max Al Scheme in exchange for additional Max Al Scheme rewards.
29.2. The Max Al Scheme is open to members of the Connect Scheme that have achieved defined standards and/or targets. The purpose of the Max AI Scheme is to provide customers with the opportunity to hire heating engineers who are skilled and experienced with Ideal Heating’s products.
30. Additional Definitions
30.1. “Max AI Scheme” refers to Ideal Heating Max Accredited Installer scheme, relating to the Qualifying Products, which you may apply for in accordance with condition 6.
30.2. “Max AI Pack” refers to a selection of discounted merchandise and other related products, as Ideal Heating may make available for purchase by you from time to time as more particularly described on the Platform. All such items are subject to availability and change.
30.3. “Qualifying Products” means those Ideal Heating products which support qualification to the Max AI scheme, being Logic Max Combi C, Logic Max Heat H, Logic Max System S, Vogue Max Combi and Vogue Max System or as determined by Ideal Heating from time to time.
30.4. "Rewards" refer to the goods and services made available to Max AI Scheme members, some of which may be purchased using Points.
31. Acceptance of Additional Terms
31.1. These additional terms and conditions (together with the documents referred to in it) set out the additional conditions on which you can become a Max Al Scheme member.
32. Communications and Feedback
32.1. All processes and methods relating to the Max AI Scheme, including applying to become a member of the Max Al Scheme, claiming Points, accessing and ordering the Max Al Scheme Rewards and communicating with Ideal Heating, can be performed through the Platform.
32.2. The Max AI Scheme logo is used to indicate which installers on the look-up are members of the scheme.
32.3. Ideal Heating reserves the right to publish any feedback provided to them regarding a Max AI member; in both digital and print formats. Where this involves your personal information, Ideal Heating will ensure the review is handled in accordance with the relevant Groupe Atlantic Privacy Policy.
33. Applying and Achieving Max AI Scheme Membership
33.1. When you apply to become a Max AI Scheme member, you agree that your application and membership shall be governed by these terms and conditions.
33.2. Membership of the Max Al Scheme is at the sole discretion of Ideal Heating, and it shall not be obliged to accept any applications for membership of the Max Al Scheme.
33.3. Max Al Scheme membership is open to businesses and trade installers who are formally accredited in their relevant country for fitting gas appliances. For the avoidance of doubt, Ideal Heating does not supply Max Al Scheme membership to consumers and by becoming a member you acknowledge and represent to Ideal Heating that you are acting for the purposes of your business and not as a consumer.
33.4. Applications for the Max AI Scheme are managed centrally through the Ideal Heating marketing department. Your local area sales manager can support you through the application process and during your membership but is unable to expedite your membership application or overrule any of these terms and conditions, or any of the other terms and conditions published by Ideal Heating from time to time.
33.5. Membership applications are completed through the Platform and are used to confirm that certain criteria have been or can be met by the applicant.
33.6. You must ensure that all information you provide to Ideal Heating is complete and accurate. You must keep your contact and other details up-to-date, using the relevant forms provided via the Platform.
33.7. Ideal Heating can only accept one Max AI Scheme membership per company. A named individual will represent that company through the Platform, but the entire company shall be considered as a member of the Max AI Scheme.
33.8. Named representatives participating in the Max Al Scheme must ensure they have their employer’s permission prior to application.
33.9. There is no limit on the number of Max AI Scheme members in each geographical UK area. Local area sales managers will work closely with installers in their area to ensure there is sufficient coverage across the UK, as deemed so by Ideal Heating from time to time.
33.10. Membership to the Max AI Scheme is open to existing members of the Connect Scheme who have achieved several standards and/or targets. You must have:
33.10.1. held an Connect Scheme account for at least six (6) months; and
33.10.2. registered the installation of a minimum of six (6) Qualifying Products in the previous six (6) months through your Connect Scheme account.
33.11. As part of the application process, you will be asked to:
33.11.1. provide contact details for a minimum of three (3) customers for Ideal Heating and provide us with permission to obtain positive customer references from; and
33.11.2. complete appropriate Max AI Scheme training (as determined by Ideal Heating in its sole discretion). Only one (1) individual per company needs to pass the training for the company to achieve Max AI Scheme membership. It must be the first individual to attempt the training. After this, the training will be available to complete an unlimited number of times, with no impact if the training is failed on further attempts. Training received as part of the Max AI Scheme is not a substitute for industry certificated training courses and should not be treated as such.
34. Maintaining Max AI Scheme Membership
34.1. To remain on the Max Al Scheme, you must:
34.1.1. register a minimum of six (6) Qualifying Product installs within the previous six (6) months, through the Platform;
34.1.2. renew the Max AI Scheme training requirements annually to ensure you have strong knowledge of the Ideal Heating product range;
34.1.3. complete additional training ad hoc, at the request of Ideal Heating (at its sole discretion); and
34.1.4. maintain a high level of customer satisfaction, measured by Ideal Heating (at its sole discretion). If you receive negative feedback, the following actions may be required to maintain membership:
34.1.4.1. one (1) negative technical review – the related installation is reviewed by a technical service engineer;
34.1.4.2. one (1) negative customer service review – a fact finding call from the Ideal Heating telemarketing team to the customer, or a call directly from your area sales manager, followed by appropriate actions (as considered so by Ideal Heating in its sole discretion) which may include mandatory customer service training; and
34.1.4.3. continuous negative reviews – potential fine of Points and/or termination of your Max Al Scheme membership and use of the Platform, at the sole discretion of Ideal Heating.
34.2. As a Max AI Scheme member, you agree to:
34.2.1. be honest in all dealings with customers and Ideal Heating;
34.2.2. be realistic when giving the time it will take to complete discussed work and your availability to do so;
34.2.3. provide a clear and accurate quotation on price including payment terms, in a written format;
34.2.4. keep to all appointments booked. If you are unable to make the agreed time or date, you will notify the customer and re-schedule where possible;
34.2.5. refer the customer back to Ideal Heating if you are unable to carry out the agreed work;
34.2.6. be courteous and respectful to all customers, their property and belongings;
34.2.7. act in a professional, polite and ethical manner – maintaining the highest levels of customer service and aftersales care always;
34.2.8. present your company identification and Gas approved accreditation card to customers;
34.2.9. reply to and deal with any complaints promptly and without confrontation or abuse;
34.2.10. maintain necessary skills and knowledge to complete boiler installations and related work; and
34.2.11. accept responsibility for the actions of employees, sub-contractors and other appointed representatives.
35. Rewards of the Max AI Scheme
35.1. In addition to the rewards and benefits offered through the Connect Scheme that are available to all Connect Scheme accounts, you will have access to exclusive Max AI Rewards through the Platform.
35.2. Rewards are subject to availability and change at the sole discretion of Ideal Heating without prior notice to you. You should not assume that any Reward will be available or continue to be available to you in the future or at any stated Points value. To claim a Reward, you must have a sufficient Points balance.
35.3. Where separate terms and conditions apply to certain Rewards, these will be available on the Platform.
35.4. Your membership and associated Rewards cannot be transferred to any other party and are available only to your company.
35.5. You can offer your customers a twelve (12) year warranty on any Vogue Max products that you install during your membership to the Max AI Scheme. This warranty is subject to our standard warranty terms and conditions.
35.6. You will receive the first opportunity to accept sales leads in your postcode, above other installers listed on the Ideal Heating installer look-up on the Ideal Heating website, but equal to other Max AI Scheme members in your postcode. Ideal Heating is under no obligation to ensure a certain number of sales leads are available to you and do not guarantee that you will receive any specific number of leads or subsequent business.
35.7. You will have access to purchase a Max AI Pack of branded products using your Points.
35.8. You may be invited to exclusive Max AI Scheme events hosted by your area sales manager. Such events may include free training.
35.9. You will have access to a free digital service reminder calendar through the Platform, based on your registration history.
SECTION THREE
Additional Conditions Applicable To Both Schemes
36. Third-Party Partners
36.1. From time to time, Groupe Atlantic may make certain Rewards available to you through the Platform which are provided directly by third-party partners with whom Groupe Atlantic has a relationship. Where you opt to obtain Rewards direct from a third-party partner, you will be asked to provide your consent for Groupe Atlantic to collect and share your contact information with those third-party partners for the purpose of allowing those third-party partners to contact you so that they can provide you with the applicable Rewards.
36.2. Groupe Atlantic is not responsible for the content or any associated representations that those third-party partners make about the Rewards.
36.3. If you purchase any Rewards from those third-party partners via the platform, you will be entering into a direct contract with those third-party partners and Groupe Atlantic does not assume any responsibility or liability for those Rewards. You will indemnify and hold us harmless for all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses), incurred as a result of those third-party Rewards and your use of the same.
36.4. Terminating your access to the Platform, including by terminating your Connect Scheme and/or Max AI Scheme membership, will not necessarily impact the relationship you have entered into with those third-party partners. You must contact those third-party Partners directly to end access to those Rewards. If those third-party Rewards can be viewed or accessed through the Platform, Groupe Atlantic may elect to limit or remove your ability to view or access them through the Platform at Groupe Atlantic's discretion.
37. No reliance on information
37.1. Unless otherwise specified in relation to a particular Reward or with Groupe Atlantic’s permission:
37.1.1. The Platform and the content on the Platform is provided for general information only and is not intended to amount to advice on which you should rely; and
37.1.2 You should always use your own judgement and seek professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Platform.
37.2. Although Groupe Atlantic makes reasonable efforts to update the information on the Platform, unless otherwise specified in relation to a particular Reward, Groupe Atlantic makes no representations, warranties or guarantees, whether express or implied, that the content or any information provided on the Platform is accurate, error-free, complete, or up to date.
37.3. The Platform and Rewards are provided "as is" and without warranty of any kind.
37.4. Groupe Atlantic is not liable to you for any loss or damage arising from action or inaction resulting on your reliance on the information, content, or materials displayed on the Platform.
38. Limitation of our liability
38.1. Nothing in these terms and conditions excludes or limits Groupe Atlantic's liability for death or personal injury arising from Groupe Atlantic's negligence, or Groupe Atlantic's fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
38.2. Groupe Atlantic shall have no liability to you under or in connection with these terms and conditions or your use of the Platform (whether in contract, tort (including negligence) or any other cause) or if a relevant cause arises from your breach of these terms and conditions or actions (including your fraudulent activity or if Groupe Atlantic follows your instructions), events outside Groupe Atlantic's control, or the need to comply with legal requirements.
38.3. Notwithstanding the provisions of these terms and conditions, should an English court of competent jurisdiction find Groupe Atlantic liable to you in relation to your use of the Platform and that liability:
38.3.1. relates to Groupe Atlantic not having met its obligations under applicable law which Groupe Atlantic cannot exclude (or limit, to the extent it cannot be excluded), then Groupe Atlantic will be liable to the extent required by law; or
38.3.2. relates to any other cause (regardless of the form of action or timing), then Groupe Atlantic will only be liable to you for loss or damage which you personally suffer under any claim or series of connected claims arising from the same cause up to a maximum of £1,000 in the aggregate.
38.4. Groupe Atlantic will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
38.4.1. use of, or inability to use, the Platform;
38.4.2. data lost as a result of your use of the Platform; or
38.4.3. use of or reliance on any content displayed on the Platform.
38.5. Please note that in particular, Groupe Atlantic will not be liable for:
38.5.1. loss of profits, sales, business, or revenue;
38.5.2. business interruption;
38.5.3. any loss in connection with any error, omission, defect, Virus or system failure;
38.5.4. loss of anticipated savings or investment gains;
38.5.5. loss of business opportunity, goodwill or reputation; or
38.5.6. any indirect or consequential loss or damage.
38.6. Groupe Atlantic assumes no responsibility for the content of third-party websites linked on the Platform. Such links should not be interpreted as endorsement by Groupe Atlantic of those linked websites. Groupe Atlantic is not liable for any loss or damage that may arise from your use of them.
38.7. Groupe Atlantic does not employ any Connect Scheme and/or Max AI Scheme members and will not be liable for any loss or damage caused by any Max Al Scheme members as a result of any of their acts or omissions, including any work completed by them.
38.8. Groupe Atlantic is not responsible for, and does not check, that any user is a legal adult, is authorised by you to access the Account information, is trying to use the Platform from a country which has been embargoed, sanctioned, or designated a "terrorist supporting country," or is on any government list of prohibited or restricted companies or persons.
38.9. To the extent permitted by English law, Groupe Atlantic excludes all other conditions, warranties, representations or other terms which may apply to the Platform or any content on it, whether express or implied.
38.10. You agree to reimburse Groupe Atlantic in full for any losses we incur as a result of your breach of, or failure to comply with, these terms and conditions or if Groupe Atlantic suffers any losses as a result of your use of the Platform.
39. Viruses
39.1. Groupe Atlantic does not guarantee that the Platform will be uninterrupted, secure or free from viruses.
39.2. You must regularly use and maintain your own virus protection software.
39.3. You must not misuse the Platform by knowingly introducing viruses. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. You must not attack the Platform via denial-of-service attack or a distributed denial-of service attack.
39.4. Groupe Atlantic will not be liable for any loss or damage caused by a virus which may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or in relation to your downloading of any content from the Platform, or on or from any third-party website linked to the Platform.
40. Linking to our Platform
40.1. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Groupe Atlantic's part where one does not exist.
40.2. You must not establish a link to the Platform in any website that is not owned by you.
40.3. The Platform must not be framed on any other website, nor may you create a link to any part of the Platform other than the home page.
40.4. You may not use Groupe Atlantic's name including Ideal Boilers, Ideal Heating and Triangle Tube or related branding (including any trademark) in any way without Groupe Atlantic's prior written consent, which may be granted, rejected, withdrawn, or conditioned at any time in Groupe Atlantic's sole discretion.
40.5. Groupe Atlantic reserve the right to withdraw linking permission or the use of Groupe Atlantic's name and/or other brands without notice, and to approve or reject requests for permission at any time at Groupe Atlantic's sole discretion.
41. Data Protection
41.1. Unless the context otherwise requires, for the purpose of this condition: (i) Data Protection Law means all applicable relevant laws and regulations, in each case pertaining to the location, security, confidentiality, protection or privacy of personal data, as amended or re-enacted from time to time applicable (including, but not limited to, GDPR); and (ii) the terms controller, processor, processing/process, personal data and data subject shall be interpreted and construed by reference to Data Protection Law.
41.2. Groupe Atlantic’s Controller to Controller Processing Agreement, appended hereto as Schedule 1, sets out the terms upon which Groupe Atlantic processes personal data of end users provided by you through the Platform.
41.3. Both you and Groupe Atlantic shall: (a) comply with their obligations under Data Protection Law; (b) be responsible for dealing with and responding to data subject requests, enquiries or complaints (including any request by a data subject to exercise their rights under any relevant local Data Protection Law) it receives, unless otherwise agreed by Groupe Atlantic; and (c) promptly (and without undue delay) notify the other party in writing of any security incident affecting the personal data it processes pursuant to or in connection with the terms and condition, including the unlawful or unauthorised processing of the personal data, to the extent the security incident is likely to affect the other party.
41.4. Groupe Atlantic or you (whichever is the disclosing party) agrees that the disclosing party in providing personal data to the other party (the Receiving Party), will ensure that it has provided all necessary information to, and obtained all necessary consents (where required) from, the data subjects of the personal data, in each case to enable the personal data to be disclosed to the receiving party for the purposes of these terms and conditions and in accordance with Data Protection Law.
41.5. In relation to the personal data it receives from the disclosing party, Groupe Atlantic and you shall at all times process the personal data in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical and organisational measures, and the measures shall, at a minimum, comply with the requirements of Data Protection Law, including where applicable Article 32 of the UK GDPR.
41.6 With respect to end customer personal data, you represent and warrant that you shall comply with all applicable Data Protection Laws in connection with collecting, processing, and sharing such data with Groupe Atlantic, including, but not limited to, first obtaining such end user’s affirmative consent prior to collecting, processing, or sharing such personal data.
Please see the Installer Connect privacy policy for more information.
42. Other Terms Applicable to Both Schemes
42.1. The following terms also apply to your use of the Platform:
42.2. Groupe Atlantic's standard warranty terms and conditions. A copy of these terms is available here;
42.3. The Connect Privacy Policy, which sets out the terms on which Groupe Atlantic processes any personal data Groupe Atlantic collect from you, or that you provide to us through the Platform. A copy of the privacy policy is available on our website.
42.4 Groupe Atlantic's Connect cookies policy, which sets out detailed information about the cookies Groupe Atlantic use and the purposes for which it uses them on the Platform. A copy of our cookies policy is available on our website.
42.5. The terms and conditions of the applicable App store. If you do not accept these terms, you will not be able to download from the Platform.
43. Miscellaneous
43.1. These terms and conditions, along with the documents expressly referenced to in these terms and conditions, constitute the entire agreement between you and Groupe Atlantic in relation to your use of the Platform and membership of the Connect Scheme and/or Max AI Scheme.
43.2. If any part of these terms and conditions becomes or is held by a court to be invalid, illegal, or unenforceable, this will not affect the validity of the remaining terms which will remain in full force and effect.
43.3. Ceasing to use the Platform or to be a Connect Scheme and/or Max AI Scheme member does not affect any provision of these terms and conditions which is expressly or by implication intended to continue on in effect.
43.4. Groupe Atlantic may transfer its rights and obligations under these terms and conditions to another organisation at any time and at Groupe Atlantic's discretion. You may not transfer your rights or obligations to anyone else.
43.5. No attempt by you to vary these terms and conditions will be valid.
43.6. Groupe Atlantic reserves the right to update or amend these terms and conditions at any time without prior notice. Every time you wish to use the Platform, please check these terms and conditions to ensure you understand the terms and conditions that apply at that time.
44. Contact us
If you have any questions regarding these terms and conditions, please contact Groupe Atlantic by email or post at:
All emails: [email protected]
UK, ROI, CHI Post: Groupe Atlantic, National Avenue, Hull, East Yorkshire, HU5 4JB
NA Post: Ideal Heating or Triangle Tube, 1240 Forest Parkway, Ste 100 West Deptford, NJ
SCHEDULE 1
Annex 1: Controller to Controller Processing Agreement
Data Controller to Data Controller
Introduction
This Data Controller to Data Controller document constitutes a data processing agreement in compliance with UK, USA, Canadian and ROI Data Protection Legislation.
This DPAC2C is part of the binding Connect Scheme and Max AI Scheme Terms & Conditions. Please see Ideal Boilers’ Privacy Policy for further data protection information.
The Parties
(1) Ideal Boilers or Triangle Tube, (please amend as needed and add the relevant country address (“Data Discloser”)
(2) The Installer who has either accepted this agreement online as part of the Connect Scheme and Max AI Scheme Terms & Conditions or has inserted their details and signature on page 4 (“Data Discloser”)
Agreed Purposes: To share personal data concerning individual data subjects who have either registered an Ideal product for warranty purposes and/or are seeking technical support and/or repair from an Installer.
Definitions
The names Ideal Boilers, Ideal Heating and are Triangle Tube interchangeable and for the purposes of this agreement will all be denoted as the Data Discloser.
For the purposes of this agreement the word Installer shall have the same meaning as gas fitter, independent contractor, gas engineer or other Gas regulated business or individual.
Controller, processor, data subject, personal data, personal data breach, processing and appropriate technical and organisational measures: as defined in the UK, ROI, USA and Canada by Data Protection Legislation.
‘Processing’ has the same meaning attributed to it by UK and EU GDPR. In summary “Processing” means any operation or set of operations which is performed on personal data including, but not limited to, collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
Data Discloser: a party that discloses Shared Personal Data to another Data Controller.
Data Subject: means an individual to whom the Data relates.
Data Protection Legislation: all applicable data protection and privacy legislation in force in the applicable country
Permitted Recipients: the parties to this agreement, the employees of each party, any third parties engaged to perform contractual obligations in connection with this agreement.
Shared Personal Data: any Personal Identifiable Data to be shared between the parties under clause 1.1 of this agreement. Shared Personal Identifiable Data shall be confined to the following categories of information:
a. Name
b. Personal address, and telephone number
c. Email address
d. Other named parties and their details who may live in the household or nearby
DATA PROTECTION
1.1 Sharing Personal Identifiable Data
This clause outlines the framework for the sharing of personal data between the parties as controllers in common. Each party acknowledges that one party (referred to in this clause as the Data Discloser) will regularly disclose to the other party Shared Personal Identifiable Data collected by the Data Discloser for the Agreed Purposes of supporting boiler installations, their maintenance and other related activities.
1.2 Effect of non-compliance with Data Protection Legislation
Each party shall comply with all the obligations imposed on a controller under relevant local Data Protection Legislation, and any material breach of the Data Protection Legislation by one party shall, if not remedied within 30 days of written notice from the other party, give grounds to the other party to terminate this agreement with immediate effect.
1.3 Specific obligations concerning data sharing
Both Parties shall be individually and separately responsible for complying with the obligations that apply to it as a Data Controller under any applicable Data Protection Laws in relation to any Personal Data Processed.
Each Party is a Controller of the Personal Identifiable Data it discloses or makes available to the other Party and will process that Personal Data as separate and independent Data Controllers for the Agreed Purposes. The parties process the Personal Data as Data Controllers in common and not as joint Data Controllers.
Each party shall:
(a) ensure that it has all necessary notices and consents in place to enable lawful transfer of the Shared Personal Data to the Permitted Recipients for the Agreed Purposes;
(b) give full information to any data subject whose personal data may be processed under this agreement regarding the nature of such processing. This includes giving notice that, on the termination of this agreement, personal data relating to the data subject may be retained by or, transferred to one or more of the Permitted Recipients, their successors and assignees;
(c) process the Shared Personal Data only for the Agreed Purposes;
(d) not disclose or allow access to the Shared Personal Data to anyone other than the Permitted Recipients;
(e) ensure that all Permitted Recipients are subject to written contractual obligations concerning the Shared Personal Identifiable Data (including obligations of confidentiality) which are no less onerous than those imposed by this agreement;
(f) ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the other party, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data;
(g) where any personal data concerns UK or EU data subjects, not transfer any personal data received from the Data Discloser outside the UK or EEA unless the transferor:
(i) complies with the provisions of Articles 26 of the GDPR (in the event the third party is a joint controller); and
(ii) ensures that (i) the transfer is to a country approved by the ICO or European Commission as providing adequate protection pursuant to Article 45 of UK GDPR; or (ii) there are appropriate safeguards in place pursuant to Article 46 GDPR; or (iii) Binding corporate rules are in place or (iv) one of the derogations for specific situations in Article 49 GDPR applies to the transfer.
1.4 Mutual assistance
Each party shall assist the other in complying with all applicable requirements of the UK Data Protection Legislation. In particular, each party shall:
(a) where legally required consult with the other party about any notices given to data subjects in relation to the Shared Personal Identifiable Data;
(b) promptly inform the other party where required about the receipt of any Data Subject Access Request;
(c) Each Data Controller will support the other Data Controller in promptly responding to requests from individuals to exercise their rights. If a Data Subject Access Request or data deletion request is made directly to one Data Controller by a data subject or their representative, that Data Controller will promptly inform the second Data Controller so that all records can be accurately maintained;
(d) not disclose or release any Shared Personal Identifiable Data in response to a data subject access request without first consulting the other party wherever possible;
(e) assist the other party, in responding to any request from a data subject and in ensuring compliance with its obligations under all relevant Data Protection Legislation with respect to security, personal data breach notifications, data protection impact assessments and consultations with supervisory authorities or regulators;
(f) notify the other party without undue delay (within 48 hours) on becoming aware of any personal data breach;
(g) at the written direction of the Data Discloser, delete or return Shared Personal Identifiable Data and copies thereof to the Data Discloser on termination of this agreement unless it is needed to: protect the vital interests of the data subject, meet the contractual obligations of the data subject or required by law.
Either party will inform the other party if they are the subject of any enquiries or proceedings by a Data Protection Authority or equivalent office.
Furthermore, the Parties will:
(i) maintain complete and accurate records and information to demonstrate compliance with all relevant data protection legislation; and
(j) provide the other party with contact details of at least one employee as a point of contact and responsible manager, for all issues arising out of complying with all relevant Data Protection Legislation.
1.5 Indemnity
Each Data Discloser shall be liable to the other for damages it causes by any breach of these clauses. The liability between the parties shall be limited to actual damage suffered arising out of or in connection with the breach of any the Data Protection Legislation by the breaching party. The offending party shall also be liable to the Data Subjects for any damages it has caused them under the relevant Country or State legislation.
1.6 Survival
The parties’ obligations under this DPAC2C shall survive termination or expiration of the contractual arrangement with the Installer so long as the Installer has access to any Personal Identifiable Data.
This DPAC2C forms part of the Connect Scheme and Max AI Scheme Terms & Conditions 2023 and becomes automatically legally binding when the Installer accepts the above agreement. If you are an installer but have not already agreed the Connect Scheme and Max AI Scheme Terms & Conditions, please sign this DPAC2C below which will then take immediate legal effect:
For and on behalf of (Data Discloser)
Your name: ……………………………………………….…………………
Your Job title: ……………………………………………….…………………
Company or trading name: ……………………………………………….…………………
Signature: ……………………………………………….…………………
Address: ……………………………………………….…………………
Address: ……………………………………………….…………………
Email address: ……………………………………………….…………………
Telephone number: ……………………………………………….…………………
For and on behalf of Ideal Boilers Ltd (Data Discloser) agreement deemed pre-signed
James Hamilton
Data Protection Officer
For Ideal Boilers and Triangle Tube
If you have any questions regarding this Connect Privacy Policy or Data Processing Agreement please contact: [email protected]
Or you can write to us at the relevant address:
UK and ROI - Ideal Heating Ltd, National Avenue, Hull, East Yorkshire, HU5 4JN.
Canada and US – 1240 Forest Parkway, Ste 100 West Deptford, NJ 08066
Last modified on January 22 2024