Terms and conditions
Welcome to our website!
We are the Professional Association for Childcare and Early
Years also referred to as "PACEY", "us" or "we" below and have our
registered office at Royal Court, 81 Tweedy Road, Bromley, Kent BR1
1TG. We are both a charity and a registered company. Our registered
charity number is 295981 and our limited company number is
2060964.
Until recently our company name was the National Childminding
Association (NCMA). The NCMA name, acronym, logos, websites
and trademarks remain the property of PACEY. For the avoidance of
doubt, any reference in these terms and conditions to the company’s
name, acronym, logos, websites, trademarks or copyright material
(or similar) includes those items created and used under our
previous company name.
The terms and conditions (the "Terms") set out below will govern
your use of the following websites that we operate and that can be
found at:
(together, the "Websites").
Your access to, and use of these Websites, is subject to the
Terms. If you continue to browse and use these Websites you are
agreeing to comply with and be bound by the following Terms, which
together with our Privacy Policy and our
terms of sale, should you wish to purchase a product from our
online shop, govern PACEY's relationship with you in relation to
these Websites.
The term "you" refers to the user, browser or viewer of these
Websites.
If you are a member of PACEY, you also agree to abide by the
PACEY
membership conditions.
Acceptable use
You may only use these Websites in accordance with these Terms
for lawful purposes which include complying with all applicable
laws, regulations, codes of practice within the United Kingdom or
other jurisdiction from which you are accessing these Websites.
In particular you agree that you will not:
- use these Websites in a manner which causes or may cause an
infringement of the rights of any third parties;
- post, transmit, or disseminate any information on or via these
Websites which is, or may be, harmful, obscene, defamatory or
illegal;
- attempt to interfere with the operation or functionality of
these Websites including, without limitation, uploading,
downloading or transmitting corrupt files or computer viruses or
other harmful material, or using any software, routine or device to
interfere with the Websites;
- take any action that causes an unreasonable or excessively
large load on the infrastructure of the Websites;
- obtain or attempt to obtain unauthorised access to the
Websites, including access through the false use of a password or
personal identification number, or attempt to misrepresent your
identity or authority to act on behalf of another;
- proxy or mirror without our prior written permission; or
- violate these Terms in any other manner.
We reserve the right to deny you access to these Websites where
we believe, in our discretion, that you are in breach of any of
these Terms.
Bulletin boards and discussion groups
The Websites may include bulletin boards, discussion groups and
other public areas that allow feedback to PACEY and interaction
between users ("Forums"). While PACEY does not control the
information posted to Forums (the "Messages"), it reserves the
right (which it may exercise at its sole discretion without notice)
to delete, move or edit the Messages and you waive any moral rights
that you may have in regard to the Messages.
You are solely responsible for the content of your Messages. You
must comply with any rules posted by PACEY on a Forum, if any.
You may not:
- post or otherwise publish any Messages containing any form of
advertising for goods and services;
- post or otherwise publish any Messages that are unlawful,
threatening, abusive, libellous, indecent, infringe the rights of
third parties or which contain any other form of illegal
content;
- post or otherwise publish any Messages that contain a virus or
other harmful component;
- restrict or inhibit any other user from using the Forums.
By submitting messages to any Forum you agree to indemnify and
hold harmless, PACEY from all claims, costs and expenses (including
legal expenses) arising out of any Messages posted or published by
you that are in breach of this.
By submitting Messages to any Forums you are granting PACEY a
perpetual royalty-free non-exclusive licence to copy, reproduce,
recompile, decompile, disassemble, display, perform, modify, upload
to create derivative works from, transmit, communicate, adapt, make
available, distribute, publish and sub-license the Message in whole
or in part and in print or electronic to the extent that it is
necessary for PACEY to make available the Messages to other users
and to ensure that all information in any Messages in any form
comply with any applicable statutory provisions or PACEY
policies.
Social Media Posts & Other Submissions
By submitting text, photographs, pictures,
images or any other content (including, but not limited to,
graphics, video, data, text, files, hyperlinks, URLs, software,
music and sound) (Content) to PACEY, via this
website or otherwise, you agree that we can use, edit and display
that Content as we see fit.
In particular, whenever you submit Content you
are confirming to PACEY that you:
- are over 18 years of age and are using
your own email address or screen name
- believe the Content is not likely to
cause offence or to damage the reputation of PACEY or its
members
- are legally entitled to submit the
Content and by doing so you are not in breach of any legal or
contractual obligations or similar
- are the owner of all the intellectual
property rights in the Content being submitted (or have written
permission from the owner and can supply evidence of this to PACEY
upon request)
- grant to PACEY and its subsidiaries a
worldwide, non-exclusive, royalty-free, irrevocable, perpetual
right and licence to
- use, reproduce, distribute, store, transmit, broadcast, publish
and display that Content (in whole or in part) as PACEY sees fit in
any format, printed, online or otherwise
- modify, reformat, adapt, translate and use the Content within its
own publications and to create derivative works
- sub-licence or assign these rights to any third party for
commercial, educational and promotional purposes (with or without a
fee)
- agree that if PACEY (or its
subsidiaries, licensees or assignees) incorporates the Content
within any new work, that PACEY owns the copyright in that new
work
- agree that PACEY does not need to
acknowledge you as the author of the Content, although we may
choose to do so
- waive any right to approve or inspect
PACEY’s use of the Content
- are aware that PACEY is under no obligation to use or
display the Content
Warranties, disclaimers and limitation of liability
The information contained in these Websites is provided by PACEY
and is for general information purposes only. Whilst we use
reasonable efforts to keep the information up-to-date and accurate,
errors may occur and we make no representations or warranties of
any kind, express or implied, about the accuracy, timeliness,
performance, completeness, reliability, suitability for any
particular purpose or availability with respect to the Websites or
the information, materials, products, services, or related graphics
contained on the Websites for any purpose. Any reliance you place
on such information is therefore strictly at your own risk.
Your use of any information or materials on these website is
entirely at your own risk, for which we shall not be liable. It
shall be your own responsibility to ensure that any product,
service or information available through these Websites meet your
specific requirements.
Access to the Websites is provided on an “as is” and on an “as
available” basis and whilst we make all reasonable effort to keep
the Websites up and running smoothly. we take no responsibility for
and will not be liable for the Websites being temporarily
unavailable due to technical issues beyond our control.
To the fullest extent permitted by law, we expressly exclude
liability for the content of these Websites and all implied
warranties, including but not limited to, the implied warranties of
satisfactory quality, fitness for a particular purpose,
non-infringement, compatibility, security and accuracy are excluded
from these Terms.
We do not warrant that the Websites will be available
uninterrupted or error free or that any defects will be
corrected.
In no event will we be liable for any direct, indirect,
consequential, punitive or exemplary losses or damages, loss of
data or loss of profits arising out of or in connection with:
- access to, or the use, of these Websites;
- delay or inability to use these Websites; or
- the information contained in these Websites,
including, but not limited to loss of profits, anticipated
savings, revenues, data, goodwill or contracts resulting from
contract, tort (including negligence) or whatever cause.
Nothing in these Terms excludes our liability for death or
personal injury resulting from our negligence or in respect of
fraudulent misrepresentation.
You acknowledge that any unauthorised use of these Websites may
give rise to a claim for damages and/or be a criminal offence.
Indemnity
As a condition of using these Websites, you agree to indemnify,
and keep indemnified, us against all liabilities, claims, losses,
costs, damages and expenses including legal fees incurred by us
should you breach any of these Terms. We reserve the right to
assume the defence and control of any matter subject to indemnity
by you and, in such case, you undertake to co-operate in full with
our defence of any such claim.
Viruses
Whilst we try to keep our anti-virus software up-to-date we do
not warrant that the Websites, its servers, downloadable files or
e-mails which may be sent by us, are free from viruses or other
harmful components.
You must not:
- introduce or attempt to introduce any virus or other
contaminant to the Website or any of its software or systems;
or
- in any way attempt to access, alter, de-compile, reverse
engineer, destroy or otherwise tamper with any part of the Website,
its software or system.
Copyright
These Websites contains material which is owned by or licensed
to us. This material includes, but is not limited to, the design,
layout, look, appearance and graphics.
Except as is otherwise indicated on the Websites, we and/or our
licensors are the owners of the copyright (and all related
intellectual property rights, including but not limited to all
database rights, unregistered and registered trade marks, service
marks and logos) in all the content featured on these Websites,
including the organisation and layout of these Websites and the
underlying software code relating to the Websites. All our rights
and our licensors’ rights are reserved.
You shall not copy, reproduce, permanently store, retransmit,
adapt, download, exploit or otherwise use part or all of the
contents in any form other than the following:
- you may print or download to a local hard disk extracts from
the Websites for your personal and non-commercial use only,
providing no modifications are made and the document is copied
entirely; and
- you may copy the content of the Websites to individual third
parties for their personal use, but only if you acknowledge the
Websites as the source of the material and providing no
modifications are made and the document is copied entirely.
You shall not, except with our express prior written permission,
distribute or commercially exploit part or all of the content of
the Websites. Nor may you transmit it or store it in any other
website or other form of electronic retrieval system.
Some documents and photographs have been published on this site
with the permission of the relevant copyright owners when they are
not PACEY. All rights are reserved on these documents and
permission to copy, reproduce, permanently store, retransmit,
adapt, download, exploit or otherwise use them must be requested
from the relevant copyright owners (the sources are indicated
within these documents/photographs).
The trade marks, logos and service marks (collectively the
“Trade Marks”) displayed on the Websites (whether registered or
unregistered) are and shall remain the property of their respective
owners. Nothing contained on the Websites shall be construed as
granting any licence or right to use any Trade Mark displayed on
the Websites without the written permission of the relevant Trade
Mark owner. Your misuse or infringement of any of the Trade Marks
displayed on the Website is strictly prohibited.
If you wish to use, amend or reproduce any of the materials on
this Websites in any manner other than as expressly permitted under
these Terms, please contact info@pacey.org.uk.
Linking to our websites
From time to time these Websites may include links to other
websites. These links are provided for your convenience and for
further information only and we have no control over the nature,
content and availability of those website. The presence of these
links does not mean that we endorse such websites or the views
expressed within them. We do not accept any responsibility for the
information, material, products or services contained in, or
accessible through, any linked website.
Your access and use of such third party websites is solely at
your own risk.
We welcome interest in the Websites and are happy that people
wish to introduce the Websites to people visiting their own
websites. However, you may not create a link to these Websites from
another website or document without PACEY's prior written consent.
Please contact info@pacey.org.uk to request a
link.
On obtaining our consent to create a link you must ensure, at
all time, that such link does not:
- use PACEY's logo without written permission from PACEY;
- implies or suggests any partnership, form of association,
approval or endorsement on our part of the company, individual,
product, information or services where none exists with PACEY,
- misrepresent your/your company’s relationship with PACEY.
PACEY reserves the right to discontinue links at any time
without explanation and the website owner agrees to discontinue the
link immediately.
Promotions, Competitions & Prize Draws
When you take part in any promotion,
competition, prize draw or similar (Promotion) run
by PACEY, you agree to abide by the entry instructions contained in
the promotional material and confirm that you:
- meet the eligibility criteria set out
in the promotion
- have submitted your entry in
accordance with the entry instructions as set out in the
promotion
- have obtained appropriate
parental/guardian permissions for the children you care for to take
part in the promotion and any associated publicity
- are responsible for ensuring that the
submission reaches us before the end of the promotion (closing
date/time will be specified in the promotional material)
- acknowledge that proof of submission
is not proof of entry
- are aware we will not be able to
return entries to you
- will accept the judge’s decision as
final
- will provide evidence of ID upon
request
- will take part in publicity relating
to this promotion if requested to do so by PACEY
- agree there is no cash alternative
(but should the advertised prize become unavailable PACEY will
substitute an alternative prize of equal or greater value)
- agree to the transfer of your personal
data to PACEY and any third parties necessary for the purposes of
the administration of the promotion and dispatch of the prize
- assign ownership of any copyright in
any original material submitted to PACEY and agree that we may use
this material as we see fit to promote PACEY, its vision and
value
- will address all enquiries, including
requests for the winner’s details, in writing with an SAE to:
“Promotions, PACEY, Royal Court, 81 Tweedy Road, Bromley, Kent, BR1
1TG”
and you agree that we will:
- only accept applications from one
individual and only one entry per individual unless expressly
stated otherwise in the promotion
- not accept applications from agents,
third parties or applications automatically generated by computer
or applications which are incomplete, illegible, damaged or
corrupted entries or entries received after the close of the
promotion
- not accept applications from employees
of PACEY or their partners/spouses
- make it clear in the promotional
material if a prize is subject to availability or if there is more
than one prize available
- select the winner as follows:
- prize draws – the winner will be selected by a PACEY employee at
random from the valid entries received
- competitions based upon merit – the winner will be selected by a
PACEY employee from the valid entries received and merit will be
assessed in accordance with the published criteria
- notify the winner by email within two
weeks of the closing date
- endeavour to deliver the prize to the
winner within six weeks of the closing date
- carry out a re-draw if the prize has
not been claimed within eight weeks of the closing date
- send details of the winner’s name and county to you upon
receipt of a written request and SAE.
Security
You are responsible for ensuring the security
of any internet connection you use to access our Websites.
You should pay particular care if you intend to purchase products
or services from the Websites by accessing the internet from mobile
hotspots. PACEY cannot be held responsible for any loss,
fraudulent or otherwise, resulting from your use of an
insufficiently secure internet connection.
When you contact us to join PACEY we will ask
you to register security information to help protect your account.
If you choose not to register this information you will not be able
to manage your account over the phone or online. You must not
share, disclose or publish your security information or PACEY
membership details with others and if you do so, we reserve the
right to cancel your membership (without refund of your membership
fee). PACEY members are responsible for maintaining the
confidentiality of their user name and password and for any
activities that occur under their account. PACEY cannot be
held liable for any loss or damage arising from unauthorised use of
any member’s account.
If you suspect that the security of
your account has been compromised, please contact us
immediately.
General
Your use of these Websites and any dispute arising out of such
use of the Websites is subject to the laws of England and Wales and
is subject to the exclusive jurisdiction of the English Courts.
We may make improvements or changes to the information, services
and other materials on the Websites or terminate the Websites at
any time without notice. We may also amend these Terms from time to
time. If we make any substantial changes we will notify you by
posting a notice on the Websites. You are bound by any changes we
make to these Terms. You can view the current version of
these Terms at any time by clicking on the Terms link, on the
homepage of the Websites.
The headings in these Terms are for convenience only and shall
not affect the meanings of these Terms.
If any provision of these Terms is unenforceable, it shall not
affect the enforceability of the rest of them.
These Terms, the Privacy Policy and our terms of sale at
http://shop.pacey.org.uk/
should you wish to purchase a product from our online shop, contain
all the terms of your agreement with us relating to the use of
these Websites. No other written or oral statement will be
incorporated.