EPH CONTROLS LIMITED

REWARD SCHEME (AND WEBSITE) TERMS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE AND PARTICIPATING IN OUR REWARD SCHEME.

1. Information about us

  • We are EPH Controls Limited, a limited liability company registered in England under company number 07162534 and with our registered office at 79 College Road, Harrow, England, HA1 1BD. Our main trading address is 79 College Road, Harrow, HA1 1BD. Our VAT number is 990011640.
  • You may contact us by telephoning 01933 626396 or by emailing us at rewards@ephcontrols.com. If you wish to give us formal notice of any matter in accordance with these Terms, please see paragraph 13.1.1.

2. REWARD SCHEME (AND WEBSITE) TERMS       

  • These Terms (together with our Privacy Notice https://rewards.ephcontrols.com/ and Cookie Policy https://rewards.ephcontrols.com/Privacy) tell you the terms on which you use our website and participate in our reward scheme (“our scheme”), as a registered online member (“member”).
  • Please read these Terms carefully before use our website and participate in our scheme. You should print a copy of these Terms or save them to your computer for future reference.
  • By using our website and/or participating in the scheme, you confirm that you accept these Terms and you agree to comply with them. If you do not agree to these Terms, you must not use our website or participate in our scheme.

3. OTHER APPLICABLE TERMS

  • These Terms refer to the following additional terms, which also apply to your use of this website and participation in our scheme:
    • Our Privacy Notice https://rewards.ephcontrols.com/Privacy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.
    • Our Cookie Policy https://rewards.ephcontrols.com/Privacy, which sets out information about the cookies on our website.

4. OUR RIGHT TO VARY THESE TERMS

  • We amend these Terms from time to time. Please look at the bottom of this page to see when these Terms were last updated and which Terms were changed.

5. WE MAY MAKE CHANGES TO OUR WEBSITE

  • We may update and change our site from time to time to reflect changes to our scheme. We will try to give you reasonable notice of any major changes.

6. WE MAY SUSPEND OR WITHDRAW OUR WEBSITE

  • Our website is made available free of charge.
  • We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
  • You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these Terms, our Privacy Policy and our Cookies Policy, and that they comply with them.

7. OUR WEBSITE IS FOR USERS IN THE UK

  • Our website is directed to people residing in the United Kingdom. We do not represent that content available on or through our website is appropriate for use or available in other locations.

8. PARTICIPATING IN OUR SCHEME

  • Our scheme is made available free of charge to individuals aged 18 years or older representing eligible businesses.
  • We do not guarantee that our scheme, or any products or content, will always be available or be uninterrupted.
  • We may suspend, withdraw, discontinue or change all or any part of our scheme without notice. We will not be liable to you if for any reason our scheme is unavailable at any time or for any period.
  • The reward account, points and vouchers, in whatever form, are issued by us and remain our property.

9. USE OF THE SCHEME

  • To use this scheme, you will need to register as a member. Membership is voluntary and free of charge.
  • It is your responsibility to keep your email and contact details up to date. Failure to do so may lead your membership being cancelled. We will not be liable for any loss of points incurred as a result of your failure to comply with this paragraph 9.2.
  • We apply a limit of one membership per person Failure to adhere to this may lead to your membership being cancelled.
  • Members may choose to leave the scheme at any time. By leaving the scheme, members lose the right to any points already accrued.
  • You must:
    • not use the scheme in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously;
    • not infringe our intellectual property rights or those of any third party in relation to your participation in the scheme to the extent that such use is not licensed by these terms; and
    • not disclose your user identification code, password or any other piece of information as part of our security procedures to any third party.
  • We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.
  • If you know or suspect that anyone other than you knows your password, you must promptly notify us at rewards@ephcontrols.com.

10. POINTS AND REWARDS

  • Through your participation in our scheme, you will be awarded with points which you will be able to redeem against rewards.
  • Points may be accumulated in the following ways:
    • registering as a member of the scheme, by providing your full name, email address, phone number, postal address and date of birth;
    • registering the name of your preferred merchant and retailer from whom you order our products;
    • registering your gas safe number and/or NICEIC registration number; or
    • registering a product, which you have installed either by scanning a code on the product or uploading your receipt within 60 days of installing the product.
  • The amount of points and rewards you receive and the rewards to which you may be entitled, will vary depending, amongst other things, upon the type and number of products you register online.
  • We reserve the right to limit or remove the number of points awarded at any time for any reason.
  • Points have no monetary value and cannot be exchanged for cash.
  • Points and rewards are non-transferable and this extends to other members of the scheme.
  • Points that have not been used and converted into a reward will expire within 24 months after the month in which they have been earned. We are entitled to change the expiry date of points at any time.
  • The maximum number of points that you can accumulate may be limited. We will notify you in advance of any applicable limit.
  • Points awarded or rewards already issued may be removed or cancelled if we determine that the points were collected in breach of these Terms or awarded in error.
  • You must only use your reward for personal purposes. Rewards may not be resold or used for profit.
  • Online accounts, points or rewards cannot be transferred, bought, sold or traded in any way.
  • We will notify you, using the email address confirmed by you, to provide:
    • updates on your points balance (including if points are due to expire, or you have accumulated points);
    • reminders and delivery details of the rewards due to you; and
    • opportunities to receive bonus points.
  • We are entitled to remove points from a member’s accounts at any time, if qualifying products you have installed are returned for any reason or a partial refund of the purchase price is given. This also applies to the exchange of qualifying products.

11. INTELLECTUAL PROPERTY RIGHTS

  • We are the owner or the licensee of all intellectual property rights in our website and our scheme. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

12. OUR LIABILITY

  • We only provide access to the website and the scheme for internal use by your business, and you agree not to use the scheme for any resale purposes.
  • Nothing in these Terms limits or excludes our liability for:
    • death or personal injury caused by our negligence;
    • fraud or fraudulent misrepresentation;
    • breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
    • defective products under the Consumer Protection Act 1987.
  • Subject to paragraph 12.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including the scheme) for:
    • any loss of profits, sales, business, or revenue;
    • loss or corruption of data, information or software;
    • loss of business opportunity;
    • loss of anticipated savings;
    • loss of goodwill; or
    • any indirect or consequential loss.
  • Subject to paragraph 12.2, our total liability to you in respect of all losses arising under or in connection with these Terms (including the scheme), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £750.
  • Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the scheme. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the scheme is suitable for your purposes.

13.  COMMUNICATIONS BETWEEN US

  • When we refer, in these Terms, to "in writing", this will include email.
    • Any notice or other communication given by you to us, or by us to you, under or in connection with the Terms (including the Scheme) shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or email.
    • A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting or if sent by email, one working day after transmission.
    • In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
  • The provisions of this paragraph 13 shall not apply to the service of any proceedings or other documents in any legal action.

14. OTHER IMPORTANT TERMS

  • We may use third parties to assist in the provision and fulfilment of any part of the scheme on our behalf. We may pass your personal information to such third parties for the purposes of providing the scheme to you, as stated in our Privacy Notice.
  • We may transfer our rights and obligations under the scheme to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
  • You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
  • These Terms are between you and us. No other person shall have any rights to enforce any of the Terms.
  • Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
  • If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
  • These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a scheme or its subject matter or formation (including non-contractual disputes or claims).

15. [UPDATES TO THESE TERMS These terms were completed on [02/09/2024]:

 

EPH CONTROLS LIMITED

[September] 2024