1.1.
Daikin Airconditioning UK Limited (referred
to as “Daikin UK” or “we” or “our”) operates a number of loyalty programmes for
its installers and commercial partners (referred to as “you” or “your”).
1.2.
Each loyalty scheme is referred to as a
‘Programme’ in these terms and conditions.
1.3.
This document sets out the general terms and
conditions applicable to the Programmes.
1.4.
Daikin UK is the promoter of the Programmes.
Its registered number is 04616794 and its registered office is at 1, The
Heights, Brooklands, Weybridge, Surrey, KT13 0NY.
“Account” means an account
for a Programme detailing the Rewards collected under a Programme.
“Marks” has the
meaning given in clause 14.1.
“Licensed Articles” means
those items set out in the Programme Brochure to which the Marks may be
applied.
“Partner Portal”
means the online portal which can be accessed at https://partner.daikin.co.uk
“Rewards” means the
benefits which can be redeemed under a Programme as set out in the Programme Brochure.
“Programme Brochure”
means the brochure setting out the Rewards applicable to each Programme as
published and/or updated on the Partner Portal from time to time. As at the
date of these terms and conditions, these include:
·
Commercial: Commercial Partner Programme
Terms & Conditions and the Commercial Installer Partner Programme, May 2025
·
Residential: Sustainable Homes Network
(“SHN”) Tool Kit, July 2025
·
Residential: Sustainable Home Centre (“SHC”)
Tool Kit
3.1.
By applying to become a member of a
Programme, you agree that the application and membership of that Programme will
be governed by these terms and conditions and the rules set out in the relevant
Programme Brochure.
3.2.
Membership of a Programme is at the sole
discretion of Daikin and Daikin shall not be obliged to accept any applications
for membership of a Programme.
3.3.
Membership of a Programme is open only to
businesses and/or individuals whose place of business is situated in the United
Kingdom.
3.4.
The following categories of person are not
eligible to become members of a Progamme:
3.4.1.
Employees of Daikin UK stockists and
merchants and distributors, or employees and contractors of major energy
suppliers; and
3.4.2.
Employees and agents of Daikin UK and its
affiliates and subsidiaries and parent company, and such employees and agents'
immediate families (spouse, parent, child or sibling).
3.5.
Specific requirements for joining a Programme
are set out in the Programme Brochure. The Programme Brochure also sets out the
criteria for joining each tier of Rewards within a Programme.
3.6.
Daikin UK reserves the right to change the
status of members from one tier of Rewards to another within a Programme,
without prior notice.
3.7.
If you hold an Account for one Programme, you
will not be eligible to participate in any other Programme. For clarity,
separate legal entities within the same group of companies may apply for membership
of different Programmes.
3.8.
Membership
of a Programme is free of charge.
4.1.
Access to the Programme is through the
Partner Portal.
4.2.
Registration
to the relevant Programme can be made via an application form online:
Commercial: https://www.daikin.co.uk/en_gb/installer/partner-programmes.html
Residential: daikin.uk/shn
4.3.
Membership
of a Programme is limited to a maximum of one Account per email address.
4.4.
To
register successfully you must fulfil the membership criteria set out in clause
3.3 above.
4.5.
All
members of a Programme must meet the criteria for their tier.
4.6.
It
is important that your contact details are kept up to date in order that we can
operate our Programmes effectively. You are requested to keep details up to
date via the Progamme online account management/ Partner Portal. You can also
update your details at mydaikin@daikin.co.uk.
5.1.
Rewards
applicable to each Programme, and each tier within a Programme, are set out in
the relevant Programme Brochure.
5.2.
We reserve
the right to determine and change the value, nature and/or quantity of Rewards
which are offered under a Programme at any time in our absolute discretion. All
Rewards are subject to availability.
5.3.
Rewards
for a Programme may be redeemed as set out in Programme Brochure for the
Programme.
5.4.
Unless
otherwise stated in a Programme Brochure, all claims with invoices and visual
evidence must be submitted by 28 February of the financial year for which the
Rewards are allocated.
5.5.
Amounts
standing to the credit of your Business Reward Fund or Business Development
Fund expire at 23:59 on 31st March in the following year after the financial
year in which they were acquired, or the duration of the Programme whichever is
shorter. For example, any points earned between 1 April 2025 and 31 March 2026
will expire at 23:59 on 31st March 2027.
5.6.
It
is a condition of these terms and conditions that Rewards are personal to you
and may not be resold, assigned, transferred, encumbered or otherwise disposed
of to any third party; furthermore eligible purchase(s) or reward(s) may not be
exchanged or transferred between various member accounts, or with other members
and companies.
5.7.
You
agree:
5.7.1.
to
use the Reward(s) for your own personal private use and not to use it for any
commercial purpose, whether for a fee or otherwise, or to distribute it
commercially;
5.7.2.
not
to use the Reward(s) for any fraudulent, criminal or unlawful purpose;
5.7.3.
not
to infringe either our or any other person's intellectual property rights,
including but not limited to copyright, in the Reward(s) and not to delete or
amend any copyright or other proprietary notices which may appear therein/on;
5.7.4.
not
to use the Reward(s) in any way which Daikin UK’s, in its absolute discretion,
considers objectionable, injurious to its brand or reputation or otherwise
unacceptable.
5.8.
Reward(s)
will be sent via post to the registered members’ postal or email address
provided. All postage costs will be paid by us.
5.9.
Only
verified product purchases will be accepted.
5.10.
No
cash alternative to the Reward(s) is available, nor can the Reward(s) be
exchanged for an alternative Reward. Where the Reward(s) becomes unavailable
for whatever reason, we reserve the right to substitute that Reward for a Reward
of equal or higher value.
6.1.
You
must only use the Partner Portal for lawful purposes, and you must not use it
in a way that infringes the rights of anyone else or that restricts or inhibits
anyone else's enjoyment of the Partner Portal.
6.2.
You
may use, download and print content on the Partner Portal solely for your own
personal use or internal business purposes. Other than for your own personal
use or internal business purposes, you may not without our prior written
consent:
6.2.1.
copy,
reproduce, use or otherwise deal with any content on the Partner Portal;
6.2.2.
modify,
distribute or re-post any content on the Partner Portal for any purpose;
6.2.3.
reproduce,
crawl, frame, link to or deep-link into this Partner Portal on or from any
other Partner Portal;
6.2.4.
use
the content of the Partner Portal for any commercial exploitation whatsoever.
You are responsible for maintaining the confidentiality
of your password and account and any activities that occur under your account. We
will not be liable to any person for any loss or damage which may arise as a
result of any failure by you to protect your password or account, including
unauthorised access to your (a)
purchase and purchase history; (b) Rewards/Business Development Fund or
Business Reward Fund; or (c) account information.
To the extent permitted by applicable law, we disclaim
that all content or information displayed in or on this Partner Portal is
accurate, complete, up-to-date and/or does not infringe the rights of any third
party. The views expressed in user generated content are the opinions of those
users and do not represent the views, opinions, beliefs or values of Daikin UK
or any of its agents.
We use reasonable efforts to ensure that this Partner
Portal is free from viruses and other malicious or harmful content. However, we
cannot guarantee that your use of this Partner Portal (including any content on
it or any Partner Portal accessible from it) will not cause damage to your
computer or other device. It is your responsibility to ensure that you have the
right equipment (including antivirus software) to use the Partner Portal safely
and to screen out anything that may damage or harm your computer or other
device. Except where required by applicable law, Daikin UK shall not be liable
to any person for any loss or damage they suffer as a result of viruses or
other malicious or harmful content that they access from or via the Partner
Portal.
We may collect information such as the
following:
• Name, address
and job title
• Contact
information including email address
• Company
information - business users only
• Demographic
information such as postcode, preferences and interests
• Product
purchase and warranty information
• Other
information relevant to customer surveys and/or offers or loyalty schemes
11.1.
Personal
data is processed on the partner portal (https://partner.daikin.co.uk) based on
the legal ground of legitimate interest. Personal data (name, email address,
phone number) is processed solely for the purpose of administrating user
accounts including: for account validation and login purposes; account
synchronisation to the Daikin Training Platform and Dowlis Corporate Solutions
(UK) Ltd and KICK AND RUSH SA NV promotional merchandise shops, Nreach Online
Services INC and Love2shop reward providers; for warehousing of merchandise, SKU
Logistics Limited; single sign on to my.daikin.co.uk, standbyme.daikin.co.uk
and other associated platforms; reporting of account activity on the platform;
so that Daikin administrators and sales staff can view Business Development
Fund or Business Reward Fund balances
and orders; administering the loyalty scheme and for issuing and sending
rewards to you; and for support tasks delivered by Proctor and Stevenson
Limited (our web development partner) when requested directly by Daikin UK.
Your personal data will not be shared with any other 3rd parties or used by
Daikin for direct marketing, unless you have separately and actively consented
to this. If you wish to see what personal data of yours is held on the partner
portal please see (https://partner.daikin.co.uk/login). If you wish to have
your data erased, rectified or restricted, or you object to this processing,
please contact marketing@daikin.co.uk.
11.2.
This
explanation of how we use your data specifically on https://partner.daikin.co.uk should be read in conjunction with
Daikin’s full Data Protection Policy.
11.3.
Please
see: https://www.daikin.co.uk/en_gb/data-protection-policy.html which sets out
the more generalised ways in which Daikin processes data.”
Daikin’s data protection policy has been updated in line
with the new General Data Protection Legislation.
Please see: https://www.daikin.co.uk/en_gb/data-protection-policy.html.
For clarification of key terms, please see https://www.daikin.co.uk/en_gb/key-terms-for-data-protection-policy.html
13.1.
All
rights, including copyright and other intellectual property rights, in and to the
Programmes and the Partner Portal are owned by or licensed to Daikin UK.
13.2.
Save
as provided in clause 14 below, Daikin UK does not transfer, assign or licence
any of its intellectual property pursuant to any Programme or these terms and
conditions.
13.3.
If
you acquire any copyright or other intellectual property rights in a Programme
or the Partner Portal (whether by operation of law or otherwise), then you
agree to assign those rights to us (including any rights you may have in user
generated content that you submit through the Partner Portal) on a worldwide
basis absolutely to the fullest extent permitted by law. You will also
unconditionally and irrevocably waive any and all moral rights you acquire in
or to the Partner Portal.
13.4.
You
further agree to execute all such documents and do all such acts and things as
we may reasonably require in order to assign any such rights to us and to waive
any moral rights you acquire in or to the Partner Portal.
14.1.
Daikin
UK authorises you to use the Daikin trade mark(s) and logo(s) as shown in the
Programme Brochure for the Programme you are a member of (the “Marks”)
on the following terms.
14.2.
Daikin
UK grants you a limited, non-transferable, revocable permission to use the
Marks in the United Kingdom solely:
14.2.1.
as
shown in the Programme Brochure for the Programme you are a member of, without
modification, including any trade mark notices shown there;
14.2.2.
until
you cease to be a member of that Programme or until this permission is revoked
by Daikin UK, whichever happens first;
14.2.3.
for
the purposes and in the manner described in the Programme Brochure; and
14.2.4.
subject
to all the limitations and restrictions and guidelines set out in the Programme
Brochure.
14.3.
Your
right to use the Marks is limited to the form and manner of use described in clause
14.2 above. No other use of the Marks is permitted under these terms and
conditions.
14.4.
All
advertising / branding activities must be Daikin exclusive (i.e. no other HVAC
manufacturer can be featured in the publication / merchandise / event).
14.5.
You
shall not place or depict the Marks in any manner or in any materials that
would tend to denigrate, disparage, tarnish, dilute, misrepresent or otherwise
adversely affect or take advantage of the Marks or their reputation, Daikin UK
or any of its affiliates, Daikin UK’s industry or any of its or their
respective products or services.
14.6.
We
may revoke this permission (or procure revocation of this permission from any
of our affiliates where applicable) at any time with immediate effect by
written notice to you including if you contravene any requirement of this
clause 14. In the event of any such revocation the terms of clause 14.9 shall
apply. You acknowledge and agree that we own and will retain all rights, title
and interest in and to the Marks.
14.7.
Other
than as provided in these terms and conditions, you acknowledge that neither
Daikin UK nor any other person has made or makes any representation or warranty
of any kind in relation to the Marks.
14.8.
You
shall not assign, transfer, mortgage, charge, subcontract, declare a trust over
or deal in any other manner with any of your rights or obligations under clause
14.
14.9.
You
agree to indemnify us against any and all claims, demands, losses, damage,
liabilities, costs and expenses including legal costs (on a full indemnity
basis) arising out of or by reason of any breach by you of any of the
representations, undertakings, agreements or warranties under this clause 14.
14.10.
Upon
termination of this agreement and/ or revocation pursuant to clause 14.5 above,
you shall promptly:
14.10.1.
destroy
or return to Daikin UK (at Daikin UK’s election) all documents and materials
(and any copies) bearing and/or incorporating the Marks;
14.10.2.
remove
the Marks from your goods, vehicles and signage;
14.10.3.
erase
all documents and materials bearing and/or incorporating the Marks from your
computer and communications systems and devices used by you, or which is stored
in electronic form.
15.1.
Subject
to clause 15.2 and 15.3, our liability to you under or in connection with a
Programme or these terms and conditions shall be limited to £1,000.
15.2.
We
will not be liable to you for any indirect or consequential loss or any of the
following types of loss (whether direct or indirect): loss of profit, loss of
business opportunity, loss or corruption of data, loss of anticipated savings,
loss of reputation or loss of goodwill.
15.3.
We
do not exclude or limit our liability for death or personal injury caused by our
negligence, fraudulent misrepresentation or any other liability to the extent
that such liability cannot be excluded or limited under applicable law or
regulation.
15.4.
We
do not accept responsibility loss or damages arising from reasons beyond our
reasonable control.
15.5.
All
warranties or conditions implied by law are, to the extent legally permissible,
are excluded from these terms and conditions.
15.6.
Rewards
are offered on a non-tax paid basis. It is your responsibility to declare any
applicable rewards to HMRC.
16.1.
We reserve
the right to cancel, terminate, modify or suspend a Programme and/or these
terms and conditions at any time and for any reason, either in whole or in
part, with or without notice. We recommend that you revisit
this page regularly to keep informed of the current Partner Portal Terms that
apply to your use of the Partner Portal.
16.2.
We
reserve the right withdraw or cancel the Rewards, including the issue and
redemption of such, and/or a Programme. In this event, the member's current
purchase history shall remain available for a period of 30 days after which
time, they will be cancelled and the members account(s) closed. You may
terminate your Account at any time.
16.3.
If
you breach these terms, or if we reasonably believe that you have breached
these terms and/or abused the Programme, your Account(s) may be terminated, any
eligible purchases made but not used for reward redemption may be cancelled and
the Programme closed without prior notice. We reserve the right to take any
action deemed necessary where a member is found to have abused the Programme.
17.1.
These
terms and conditions and the contractual and non-contractual obligations
arising from or relating to them are governed by English law and any dispute
arising out of or in connection with them will be subject to the non-exclusive
jurisdiction of the English courts.
17.2.
Daikin
UK operates a complaints handling procedure, which is used to try to resolve
disputes when they first arise. If you have a complaint with a Programme,
please contact Daikin Marketing at the following address: Daikin UK, 1, The
Heights, Brooklands, Weybridge, Surrey, KT13 0NY
17.3.
You
can request the closure of your account by emailing marketing@daikin.co.uk or
writing to the following address: Marketing, Building 1, The Heights,
Brooklands, Weybridge, Surrey, KT13 0NY, indicating the relevant Programme.