Terms

Last updated 10/03/2022

About our terms and conditions

This page provides information about who we are and the legal terms and conditions that apply to your interactions with PACEY, including when you visit our websites (www.pacey.org.uk, ceysmart.pacey.org.uk and www.searchchildcare.org.uk), when you call our advice lines and when you place an order for our products or services.

You must read these terms and conditions carefully. Whenever you interact with PACEY you are confirming that you have read, understood, and agree to our terms and conditions.

These terms and conditions are subject to change at any time without notice.

To help you find the information you are looking for, we have divided these Terms and Conditions into different sections as follows. Please ensure you read all sections:

About us - Find out more about us and how to get in touch with us.

Website use - View the legal terms and conditions that apply when you access, browse and use www.pacey.org.uk.

Submitting content to PACEY - View the rules which apply when you submit content to PACEY, which includes text, images, comments and reviews.

Copyright and trademarks

Membership conditions - View the terms and conditions that apply to PACEY membership 

Insurance – view the terms and conditions of the insurance

Shop and sales - View the terms and conditions that apply to any product or service that you order from PACEY, either over the phone or from www.pacey.org.uk.

Cancellation policy

Direct Debit and payment by instalments

Promotions, competitions, and prize draws

Advertising terms and conditions

General

Annex 1 Privacy policy - Find out what personal information PACEY collects and uses about you when you access, browse and use this website (including registering with this website and purchasing from our shop) and see what rights you have to control our use of your personal information.

Annex 2 Use of cookies

Annex 3 PACEY’s Code of Ethics - members of PACEY commit to meet the principles and values outlined in the Code of Ethics.

Annex 4 Complaints policy

 

About us

Professional Association for Childcare and Early Years

Also known as

PACEY

Charity number

295981

Company number

2060964

FCA number

310339

VAT number

691172038

Name until March 2013

National Childminding Association (NCMA)

PACEY Commercial Services Limited (trading company)

Company Number

2875417

VAT Number

691172038

Name until March 2014

NCMA Services Limited

Contact details (both companies)

Registered Office Address

PACEY, Northside House, Third Floor, 69 Tweedy Road, Bromley, Kent, BR1 3WA

Telephone

0300 003 0005

Fax

We do not accept correspondence by fax.

Email

support@pacey.org.uk

If you require a personal response from us or have a comment about our service, please contact support@pacey.org.uk.

Website use

This section of our terms and conditions govern your use of the websites owned and operated by PACEY at www.pacey.org.uk and ceysmart.pacey.org.uk and searchchildcare.org.uk (the "Website" or “Websites”) and apply regardless of how you access the Website, including any technologies or devices by which we make the Website available to you at home or on the move.

Acceptable use

You may only use the Website for lawful purposes. In particular you agree that you will not:

  • use the Website in any way which causes or may cause an infringement of the rights of any third parties or which restricts, or may restrict, others’ use and enjoyment of the Website;
  • attempt to interfere with the operation or functionality of the Website 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 Website;
  • obtain or attempt to obtain or permit others to obtain unauthorised access to the Website, 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.

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.

The materials on this Website are displayed solely for the purposes of promoting PACEY in England and Wales. If you access the Website from outside England or Wales or place orders for delivery to locations outside of England or Wales, you are responsible for compliance with local laws, if and to the extent that they apply.

Copyright

This paragraph refers to your use of pages of the Website which are accessible to both members and non-members. For restrictions on use of material found within the members’ area please read the PACEY membership conditions.

All rights in and to this Website are owned by or licensed to PACEY. This includes copyright and other intellectual property rights such as database rights, registered and unregistered trademarks, service marks and logos in all the content; in the organisation and layout of the Website and in the underlying software code relating to the Website. 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 on publicly accessible areas of the Website in any form other than the following:

  • you may print or download to a local hard disk content from publicly accessible areas of the Website for your personal and non-commercial use only, providing no modifications are made, the document is copied entirely and you comply with any conditions set out in the copyright notice relevant to that content; and
  • you may copy the content of publicly accessible areas of the Website 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, the document is copied entirely, and you comply with any conditions set out in the copyright notice relevant to that content.

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.

Third party content

Some documents and photographs have been published on this site with the permission of third parties. Where sources have been identified in the document/photograph you must obtain permission from the copyright owner before using that material in any way. 

Trademarks

The trademarks, logos and service marks (collectively the “Trademarks”) displayed on the Website (whether registered or unregistered) are and shall remain the property of their respective owners. Nothing contained on the Website shall be construed as granting any licence or right to use any Trademark displayed on the Website without the written permission of the relevant Trademark owner. Your misuse or infringement of any of the Trademarks displayed on the Website is strictly prohibited.

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.

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 support@pacey.org.uk.

Accuracy of Content

The information contained in the Websites is provided by PACEY and is for general information purposes only.

PACEY reserves the right to change information on its websites without notice. As we continuously improve our membership benefit, from time to time, we may update or replace benefits during a subscription period. We will endeavour to give members at least two weeks’ notice if a benefit is to end. Any such change does not entitle members to a refund unless they are within the existing cancellation period.

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 Website or the information, materials, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. 

Any views expressed in user generated content are the views of those users and do not necessarily represent the views, opinions, beliefs, or values of PACEY.

It shall be your own responsibility to ensure that any product, service, or information available through these Website meets your specific requirements.

Access to the Website

Access to the Website is provided on an “as is” and on an “as available” basis and whilst we make all reasonable effort to keep the Website up and running smoothly, we take no responsibility for and will not be liable for the Website being temporarily unavailable due to technical issues beyond our control. 

We do not warrant that the Website will be available uninterrupted or error free or that any defects will be corrected.

Indemnity

As a condition of using this Website, 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 cooperate 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.

Links to other 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.

Links to the PACEY Websites

We welcome interest in the Websites and are happy that people wish to introduce the Websites to people visiting their own websites.

When you create a link please ensure, at all times, 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 request that you discontinue links at any time without explanation and the website owner agrees to discontinue the link immediately.

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. You will need an email address to be able to do this and to access your membership and other services.

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 username 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.

Notices

There may be legal notices on other areas of the Websites which relate to your use of the Websites, all of which will, together with these Website terms and conditions, govern your use of this Website.

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.

Changes to these Website terms and conditions

We may amend these Website terms and conditions from time to time.

If we make any substantial changes, we will notify you by posting a notice on the Website. 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 Website.

Exclusion of liability

We exclude all representations, warranties, conditions, and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Website terms and conditions or your use of the Websites.

Third party rights

Only you and PACEY shall be entitled to enforce these Website terms. No third party shall be entitled to enforce any of these terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Entire Agreement

These Website terms set out the entire agreement between you and PACEY and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.

Law and jurisdiction

Your use of these Websites and any dispute arising out of your use of the Websites (including any contracts entered into between us through the Website) shall be governed by the laws of England and Wales and is subject to the exclusive jurisdiction of the English Courts.

Termination

Without limiting its other rights or remedies, PACEY may, in its sole discretion, terminate the User’s registration to any of the websites, including their password, account (or any part thereof), access or use of Services. 

The Users agree that PACEY shall not be liable to the Users or any third party for any termination of access to the Services. 

Submitting content to PACEY

Please read this section before submitting text, photographs, pictures, images, reviews, questions, posts 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 via any PACEY related third party website or page, such as our Facebook page, Twitter, Pinterest, Instagram, YouTube or other social networking site otherwise.

By submitting Content to PACEY, you grant PACEY a perpetual royalty-free non-exclusive licence to use, edit, display, move or delete that Content as we see fit. You acknowledge that PACEY is not responsible for any Content you submit and that you must also comply with these terms and the terms of any third-party website to which you submit Content. Please note that you may not be able to change or amend any Content you have previously submitted.

You may not:

  • post or otherwise publish any Content containing any form of advertising for goods and services unless you have our prior written agreement and comply with the Advertising Terms
  • post or otherwise publish any Content that is unlawful, threatening, abusive, libellous, indecent, infringes the rights of third parties or which contains any other form of illegal content; or
  • post or otherwise publish comments about others submitting Content to PACEY;
  • post, transmit, or disseminate any information on or via the Website which is, or may be, harmful, obscene, or defamatory.

By submitting Content, you agree to indemnify and hold harmless PACEY from all claims, costs, and expenses (including legal expenses) arising out of any Content posted or published by you that is in breach of these terms and conditions.

In particular, whenever you submit Content, including use of commenting and reviews, you are confirming to PACEY that you:

  • are over 16 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

Please note that unless authorised, by us, no-one should use the full company name or its acronym (PACEY) in any way within their email address or as part of a screen name because it can give the impression that a message or post is from someone speaking on behalf of the organisation when it is not.

Copyright and trademarks

Copyright

Except as is otherwise indicated, 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 trademarks, service marks and logos) in all the materials you access through the members’ area and our subsidiary websites (referred to as “PACEY and its subsidiaries member materials” in this paragraph).

You shall not, except with our express prior written permission, copy, distribute, publish, or commercially exploit part or all of PACEY and its subsidiaries member materials.

Subject to the principles of fair dealing, you may print or download PACEY and its subsidiaries member materials for your personal and educational use to inform best practice only, providing PACEY is acknowledged as the source of the material and you adhere to any copyright notice included in the material itself. It is not fair dealing to print or download PACEY and its subsidiaries member materials multiple times, to take multiple copies of printed PACEY and its subsidiaries member materials, nor to share PACEY and its subsidiaries member materials with others unless the copyright notice provides you with express permission to do so.

Trademarks

Trademarks, logos and service marks (collectively the “Trademarks”) used by PACEY and its subsidiaries are and shall remain the property of their respective owners. Nothing shall be construed as us granting any licence or right to use any Trademark without the written permission of the relevant Trademark owner.

Your misuse or infringement of any of the Trademarks is strictly prohibited and we reserve the right to cancel your membership if you do not adhere to PACEY's brand guidelines.

Current PACEY childcarer members can download and find instructions for use of the "Member of PACEY" or "Member of PACEY Cymru" logo in accordance with the member factsheet “Using the PACEY logo” in MyPACEY.

Members can obtain a copy of the member logo in MyPACEY or by emailing support@pacey.org.uk, providing proof of membership.

Membership conditions

Applications for membership

PACEY welcomes online and telephone applications from all childcare professionals, for example childminders, childminding assistants, nannies, or nursery workers or managers, who are aged 18 years or over; from Local Authority "Quality Partners"; and from sponsoring local authorities, colleges and employers ("Sponsors") in England and Wales.

Individuals under 18 years of age who wish to benefit from PACEY membership or to purchase PACEY products but do not have a Sponsor must contact our Customer Services team on 0300 003 0005 as they will need a Guarantor to support their request. PACEY will not be able to process membership applications or proposed purchases from an individual under 18 years of age until a valid Guarantor Form has been received and the Guarantor contacted to confirm consent to the transaction.

Sponsors may purchase PACEY membership for nominated individuals by contacting our Membership team on 0300 003 0005. Sponsors are responsible for ensuring that the individuals they sponsor meet the relevant joining requirements, below.

Individuals can apply for PACEY membership in the following ways:

  • Online - Registered childminder, childminding assistant, registered nanny, non-registered nanny or nursery worker
  • Phone - Call our Membership team on 0300 003 0005.

You must have a valid email address to be a member of PACEY to both manage your account and access the services and products you have paid for.

Membership is valid until the expiry date printed on your membership certificate. You can request a delay in the start date of your membership of up to eight weeks. Please contact the Membership team on 0300 003 0005 to request a delayed start.

See the features and benefits of PACEY membership here.

As we continuously improve our membership benefit, from time to time we may update or replace benefits during a subscription period. We will endeavour to give members at least two weeks’ notice if a benefit is to end. Any such change does not entitle members to a refund unless they are within the existing cancellation period.

Joining requirements

Registered childminders and registered/approved nannies

To join PACEY as a Practitioner or Practitioner Plus member, a childminder or registered nanny must hold and retain a valid registration/approval with their regulatory body (Ofsted or an Ofsted registered childminder agency in England or CIW in Wales).

They will also need to hold an accredited, up-to-date 12-hour paediatric first aid certificate.

If you are undergoing registration, we can provide you with support and guidance through our information line on 0300 003 0005, website, and Facebook groups. You should apply to join the appropriate regulatory body; they will carry out an enhanced Disclosure and Barring Service (DBS, formerly CRB – Criminal Records Bureau) check on your behalf. If you have already joined PACEY as a childminder or nanny, you can tick the declaration on the Ofsted/CIW application form saying that you hold insurance, though you should be aware that there will be no cover under the insurance until registered. 

Non-registered nannies

To join PACEY as a non-registered nanny member, you will need to have completed an accredited up-to-date 12-hour paediatric first aid course and to have had a satisfactory enhanced Disclosure and Barring Service (DBS) (formerly CRB – Criminal Records Bureau) check. You will need to provide us with details from these certificates when you apply to join.

Nursery Workers

To join PACEY as a nursery worker member, you will need to have had an enhanced Disclosure and Barring Service (DBS) (formerly CRB – Criminal Records Bureau) check.

Childminding Assistants

To join PACEY as a childminding assistant member, you will need to have had an enhanced Disclosure and Barring Service (DBS) (formerly CRB – Criminal Records Bureau) check.

Learners

If you have signed up for one of PACEY's pre-registration training courses, HBCA in England and IHC in Wales, you will receive the benefits of PACEY’s learner membership and can upgrade to full membership at any time. Please call 0300 003 0005 for more details.

Local Authority – Quality Partner

If you are a local authority wishing to join PACEY as a Quality Partner, please contact us on 0300 003 0005 or email support@pacey.org.uk.

Important: You have 90 days from the day your membership begins in which to provide us with the information required for your membership type. Failure to meet this deadline could result in your membership and Public Liability Insurance (if applicable to those with a current membership term beginning on or before 31 March 2022) or membership with insurance (for those qualifying members with a current membership term beginning on or after 1 April 2022) being cancelled without refund. If you are registered or approved with a regulatory body, your PACEY membership, (and insurance where applicable), will be cancelled and invalidated (without refund) if your regulatory body gives you notice of intention to cancel registration, followed by a notice of decision to cancel registration, or if you choose to cancel or fail to renew your registration.

Conditions of membership

As a member of PACEY, you agree to adhere to the Code of Ethics and to commit to your continuing professional development.

You agree that you will promote PACEY and its vision, mission and values, particularly when acting in your professional capacity and/or discussing issues related to childcare and early years practice.

You agree not to do anything which would bring PACEY into disrepute. Sponsored Members agree to comply with the terms of their agreement with their Sponsor.

You also agree to abide by all terms and conditions published on this website which may change from time to time.

Membership renewals

We will contact you before your membership is due for renewal, detailing the expiry date of your current membership and giving you instruction about how to renew.

If your membership is paid on your behalf by another person, you are responsible for making sure that they are aware of any monies to be taken from their account for your membership.

If your membership subscriptions are paid by Direct Debit, we will automatically renew your membership for the same period as your original subscription and collect the monies for the coming subscription period unless you notify us that you do not wish to renew your membership.

If your Direct Debit fails before your renewal, we will terminate your auto-renewal and invite you to set up a new Direct Debit or renew by credit or debit card, instead.

If your Direct Debit fails once your membership term has begun, we will contact you to recover payment. If we cannot contact you or recover payment, we will terminate your membership and with it any associated membership benefits.

Sponsored Members – we will contact your Sponsor before your membership is due for renewal, detailing the expiry date of your current membership and the subscription due. If your Sponsor does not wish to renew your membership, we will contact you to find out if you wish to purchase individual membership.

Incomplete payment

If you default on payment for your membership and you are outside of your right to cancel under the 14-day cooling off period, you will not be entitled to any refund.

If your current membership term began on or before 31 March 2022, the insurer Royal Sun Alliance full policy wording states insurance cover is subject to the full annual premium to have been paid prior to dealing with any claim. In order to make a claim on the policy you will be required to pay the full balance of the annual insurance premium and membership fee before a claim can be dealt with. Regardless of whether you wish to make a claim if you are outside of your cooling off period and have not made the full payment PACEY will seek to recover the balance owed.

If your current membership term began on or after 1 April 2022, PACEY Practitioner Insurance is included as a benefit of membership. Insurance is therefore available only when a valid membership is in place and payments are up to date.

Changes in personal details

If any of your personal details change (e.g. name or address), you must inform us by updating your details in MyPACEY or by calling us on 0300 003 0005. You must also inform us immediately if your regulatory body suspends or cancels your registration, or if you fail to renew your registration. You are responsible for ensuring the records PACEY holds about you are correct and up to date, even if your membership has been paid for by a Sponsor.

Data protection

Our responsibilities to you:

PACEY will use your information in accordance with our privacy policy to:

  • Provide the products and services you have purchased
  • Improve the quality of our products and services to you; and
  • Provide you with offers that we believe will interest you.

We may pass your details onto our subsidiaries and selected third parties in accordance with our privacy policy.

You can manage your preferences in the My Account section of MyPACEY or by contacting us on 0300 003 0005.

If you are a sponsored member, you agree that we will share with your Sponsor certain information relating to your use of PACEY products and services to the extent that this is necessary to demonstrate to the Sponsor the value of PACEY membership. We will not share any information about your use of PACEY Helplines which remain confidential.

How to cancel your membership

Please see the cancellation rights policy for information on how to cancel your membership.

Sponsored Members – you cannot terminate your membership directly and must contact your Sponsor to discuss the best way forward.

If we cancel your membership

We value your membership, however, we reserve the right to cancel your membership if you do not adhere to PACEY's Code of Ethics, your regulatory body’s practice guidelines (Ofsted; an Ofsted-registered childminder agency; CIW); your agreement with your Sponsor, or if you bring PACEY into disrepute. Failure to provide payment when due may also result in cancellation of your membership.

There may be other circumstances where we believe it is inappropriate for a member of PACEY to remain in membership. We reserve the right to cancel membership in such circumstances, although we will always communicate the reasons to the member and provide them with the opportunity to discuss this with us before taking a final decision.

Insurance

PACEY membership with a start date on or after 1 April 2022 includes PACEY Practitioner insurance for qualifying members as part of its membership package, and this cannot be purchased separately by other customers of PACEY.

By choosing to purchase PACEY membership, you agree to abide by these terms and conditions. This is our standard client agreement upon which we intend to rely.

For your own benefit and protection, you should read these terms carefully before agreeing to them. If you do not understand any point please call 0300 003 0005 and ask for further information before proceeding with your purchase. If your circumstances change and you are no longer able to adhere to these terms and conditions, you will not be eligible for cover and must inform PACEY immediately by emailing us at support@pacey.org.uk or by telephoning 0300 003 0005 to discuss the best way forward.

Whilst we have worked with the Insurer to provide a level of insurance cover which is appropriate to the general needs of professional child carers, we do not give you advice as to whether this product is suitable for meeting your specific demands and needs; you must therefore carefully read the policy and other documentation, and particularly the section on exclusions and limitations, to determine whether this product is right for you.

It is important that you understand the cover our Practitioner Insurance policy provides, please read the policy summary.

By purchasing membership (including each time you renew your PACEY membership), you:

  1. Confirm that you agree to adhere to PACEY’s Conditions of Membership
  2. Confirm that you have discussed any areas of concern with our Membership Services team on 0300 003 0005 and that you are satisfied that the insurance is suitable for your particular circumstances.
  3. Confirm that you will supply mandatory information for your application within the timescales specified (your date of birth, registration number (where applicable) and numbers from your most recent first-aid certificate and enhanced DBS check).
  4. Make the following declaration as appropriate for your proposed membership type:
    1. EITHER I am registered as a childminder with Ofsted/CIW or an Ofsted registered childminder agency OR I am registered/a as a nanny with Ofsted/CAS OR I work as a nanny, I am not registered with Ofsted/CAS but I agree to commit to a minimum of 15 hours’ continuous professional development (CPD) each year that I am a PACEY member.
    2. Neither I, nor my partner/spouse, have ever been convicted or charged (but not tried only) with a criminal offence arising from injury or threat of injury to any person.
  5. Confirm that the statements and particulars contained in this declaration are true.
  6. Agree that this declaration together with any other information supplied by you shall form the basis of any contract of insurance effected on the basis of the information you have provided.
  7. Undertake to notify PACEY of any material change in circumstances or alteration to the facts you have disclosed.

For members whose current membership term began on or before 31 March 2022, the following applies to their purchase of insurance

By choosing to purchase insurance from PACEY you agree to abide by these terms and conditions. This is our standard client agreement upon which we intend to rely.

For your own benefit and protection, you should read these terms carefully before agreeing to them. If you do not understand any point please call 0300 003 0005 and ask for further information before proceeding with your purchase. If your circumstances change and you are no longer able to adhere to these terms and conditions, you will not be eligible for cover and must inform PACEY immediately by emailing us at support@pacey.org.uk or by telephoning 0300 003 0005 to discuss the best way forward.

Your demands and needs

Your demands and needs are those of an individual or business with a need for public liability insurance and, in some cases, employer's liability insurance.

Whilst we have worked with the Insurer to provide a level of insurance cover which is appropriate to the general needs of professional child carers, we do not give you advice as to whether this product is suitable for meeting your specific demands and needs; you must therefore carefully read the policy and other documentation, and particularly the section on exclusions and limitations, to determine whether this product is right for you.

IMPORTANT NOTICE: Your insurance is based upon the information you provide to us which is then passed on to the insurance company. You must ensure that all such information is complete and accurate and that any facts which may influence the Insurer’s decision to accept the policy and/or what terms are applied must be disclosed. It is your duty to disclose all material facts. A material fact is one that would influence the decision of the Insurer to cover you (for example something that would impact on your eligibility for insurance cover). If you are in any doubt as to whether a fact is material, please disclose it. Failure to disclose material information may invalidate your insurance and could mean that part, or all, of a claim may not be paid.

It is important that you understand the cover our Public Liability policy provides please read the policy summary.

By purchasing Public Liability Insurance (including each time you renew your policy), you:

  1. confirm that you are (or have applied to be) a PACEY member and agree to adhere to PACEY’s Conditions of Membership
  2. that you have discussed any areas of concern with our Membership Services team on 0300 003 0005 and that you are satisfied that the cover you have purchased is suitable for your particular circumstances;
  3. confirm you have requested cover from the correct start date to meet your legal requirements;
  4. confirm that you will supply mandatory information within 90 days of your application (your registration number (where applicable) and numbers from your most recent first-aid certificate and DBS check);
  5. make the following declaration as appropriate for your proposed membership type:
    1. EITHER I am registered as a childminder with Ofsted/CIW or an Ofsted registered childminder agency
    2. OR I am registered as a nanny with Ofsted/CAS
    3. OR I work as a nanny, I am not registered with Ofsted/CAS but I agree to commit to a minimum of 15 hours CPD each year that I am a member
    4. Neither I, nor my partner/spouse, have ever been convicted or charged (but not tried only) with a criminal offence arising from injury or threat of injury to any person
    5. I have had no claims or incidents relating to my childcare practice in the last five years*
  6. confirm that the statements and particulars contained in this declaration are true and that you have not mis-stated or suppressed any material facts;
  7. agree that this declaration together with any other information supplied by you shall form the basis of any contract of insurance effected on the basis of the information you have provided;
  8. undertake to notify PACEY of any material change in circumstances or alteration to the facts you have disclosed occurring before your insurance policy is activated;
  9. acknowledge and understand that:
    1. insurance sold by PACEY is offered to PACEY members from only one insurer, Royal & Sun Alliance Insurance plc (the Insurer);
    2. PACEY is acting on your behalf and not as an agent of the Insurer;
    3. the insurance contract is governed by English law and is subject to the jurisdiction of courts in England & Wales;
    4. PACEY is permitted to undertake mediation with respect to non-investment insurance policies in line with the permissions granted by our regulator. Whilst we have permission to provide advice, unless stated in writing that we are doing so, we will not be offering advice, and it will be up to you to decide whether the insurance cover we are offering meets your particular needs. You can check the permissions we possess by contacting our regulator, the Financial Conduct Authority whose contact details are available at www.fca.org.uk;
    5. prior to your premium being forwarded to the Insurer, and for your protection, we hold your money as an agent of the Insurer (so your policy is treated as being paid for);
    6. we may operate block insurance arrangements in order to provide competitive terms. This is where we place all insurances of a certain type with one insurer who can provide particularly competitive terms for all our customers. On occasions it will be necessary for us to transfer such blocks from one insurer to another where this is beneficial for our clients. By becoming a PACEY member you give us your consent for us to operate in the ways described in this document and provide your prior request for us to operate and transfer block insurance arrangements where necessary;
    7. you may contact us to request details as to how your purchase of this insurance policy will help PACEY/SCMA continue to provide member benefits and support for our childcare members.
  10. employers liability covers staff that are employees. You will need to phone every time you join or renew to activate this cover. This element of your cover will not renew automatically even if you pay by Direct Debit.
  11. Marsh Commercial is appointed by PACEY to be the Insurance Intermediary for PACEY members. PACEY is authorised to collect Insurance premiums on behalf of Marsh Commercial and these monies are held by PACEY and transferred regularly to the Insurer. Prior to inception and Renewal you have the right to ask about any commissions paid.

* If you have made a claim under a Public Liability or Professional Indemnity insurance policy or been the subject of a complaint by a parent/guardian/local authority or subject to a regulatory investigation or similar incident in the last five years, please contact us on 0300 003 0005 to discuss.

Shop and sales

These general terms and conditions of sale apply to any order you place through www.pacey.org.uk (the Website), regardless of how you access the Website, including any technologies or devices by which we make the Website available to you at home or on the move. They also apply to orders made over the phone.

About our shop

The PACEY shop is operated by PACEY Commercial Services Limited, the wholly owned trading subsidiary of PACEY. Before placing an order through the PACEY shop or otherwise you will be asked to agree to these terms. Every time you order an item, the terms in force at that time will apply. When you place an order through the online shop, your contract will be with PACEY Commercial Services Limited. Other sales contracts are with PACEY.

You can contact us at the registered office address or by telephone on 0300 003 0005 or by email at: support@pacey.org.uk.

Placing an order

You do not have to be a member of PACEY to access the shop, but if you are a member you may receive discounts and special offers.

When you place an order, you will need to supply us with personal information, and confirm that all information and details you have provided are true, accurate and up to date in all respects. Please see our privacy policy for more information about how we use your personal information.

If you are a PACEY member you can update or correct your details at any time by going to My Account. It is your responsibility to maintain the confidentiality of your password and account information. PACEY shall 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. Please notify us immediately if you become aware or suspect any unauthorised use of your password or account.

Product and service description

We have used reasonable endeavours to try to ensure that products and services have been fairly described. However, when ordering goods or services through the Website, please note the following:

  • the images of the products for sale are for illustrative purposes only
  • all products shown on our site are subject to availability. We will inform you as soon as possible if the product you have ordered is not available. If you are happy to wait until the product is back in stock, your order will be despatched at that point. If you have already paid for the products and would prefer a refund, we will process this as soon as possible
  • orders will only be accepted if there are no material errors in the description the Website.

Price

This website is regularly updated. Products, prices and delivery charges are subject to change without notice, but these changes will not affect orders which we have already processed. The price of a product does include VAT. Applicable delivery charges will be displayed on checkout. We usually check prices as part of our dispatch procedures. If we become aware of an error in pricing, we will inform you of this error and give you the option of continuing to purchase the items at the correct price or cancelling your order. However, we will not be held responsible for pricing errors due to software malfunctions, or human error. Where an error is obviously a mistake which could reasonably have been recognised by you as mispricing, we will not be obliged to provide the items to you at the price stated.

Payment

During the checkout process you will be asked to enter your payment details. By doing so, you confirm that the credit or debit card being used is yours. You can only pay for products using a debit or credit card through a secure payment gateway. We accept the following cards: MasterCard / Visa / Visa Debit / Maestro. We do not accept Electron, Solo or American Express. All card payments are subject to authorisation by your card issuer. We will not charge your debit or credit card until we process your order (if your item is temporarily out of stock, we will hold your payment pending delivery). When you purchase items from our website for use in your business, you agree that you will use the items in your own business only and that you will not use the products for any re-sale purposes. Please note that all transactions will be carried out in sterling.

Accepting your order

Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase products or services from us. Our acceptance of your order will take place only when we dispatch the product(s) or commencement of the services that you ordered from us. Prior to dispatch of the product(s), PACEY has the right to decline an order for any reason, including legal and regulatory reasons. 

PACEY reserves the right to decline orders for bulk or high value purchases. If you wish to purchase a large number of items, please call us on 0300 003 0005.

Once you have placed your order, confirmation will be sent to you complete with transaction and order reference numbers.

The duration of our contract with you will start from when you order and we take payment and dispatch the products, until the last day of your right to cancel.

Your right to cancel

Please see the Cancellation Policy for full details

Delivery

Orders are delivered within three to five working days unless stated otherwise. Any delivery date given to you is approximate only. All products remain the property of PACEY until we have delivered them to the address you have specified. The items will be your responsibility once they have been delivered to the address you have given to us. We will only deliver to addresses within the UK. If no-one is available at the delivery address, a note will be left to advise whether your order has been left in a safe place or returned to depot. 

Other PACEY Services

PACEY has partnered with certain trusted third parties to make available certain additional services and third-party products and services to you. Each third-party microsite has its own terms and conditions and privacy policy. We may also place links on this Website to other websites. We do not vet these websites and do not have any control over their contents. Except where required by law, PACEY cannot accept liability in respect of the use of these websites.

Liability

Nothing in these terms and conditions limits or excludes our liability to you for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or breach of statutory terms or terms implied by law.

If you purchase items for business purposes, we will not be liable to you for any loss of profits, sales, business or goodwill or any indirect or consequential loss or any loss which was not foreseeable at the time of the sale of the product and our total liability to you in respect of all other losses arising under or in connection with your purchase of the products shall in no circumstances exceed 100% of the total price of the product.

We do not give any representation, warranty or undertaking in relation to the products other than as stated.

We will not be liable for any failure to perform, or delay in performance, of any of our obligations which is caused by an event outside our control, such as war, civil commotion, pandemic, storm, fire, natural disaster or the failure of telecommunications or transport networks. If we are affected by such an event, we will notify you as soon as reasonably possible and our obligations to you will be suspended until we are no longer affected by that event when we will arrange an alternative delivery date with you.

You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice.

We may update or amend these Terms of Sale from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website.

No relaxation or delay by us in exercising any right or remedy under these General Terms and Conditions of Sale shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.

If any of these General Terms and Conditions of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these General Terms and Conditions of Sale shall remain in full force and effect.

Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be entitled to enforce any of these Terms of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

These General Terms and Conditions of Sale are governed by the laws of England and Wales and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

PACEY Shop – Online Sale

The PACEY online sale is open to all PACEY members and non-members.

During the Promotional Period, PACEY members and in some instances non-members will be eligible to purchase specific items from the PACEY Shop at a discount on the usual price. 

For online purchases, details of the discount applicable to each item will be displayed before you checkout. For purchases made via telephone, details of the discount will be communicated to you by a member of our customer services team.

Please make sure you complete your order during the Promotional Period to benefit from the sale price. We cannot honour the sale price if you check out outside the Promotional Period.

Our standard Shop terms and conditions (above) still apply during the sale, but we may need to take longer to process your order if demand is high. Please contact us on 0300 003 0005 if you have not received delivery within three to five working days of placing your order.

Promotional Codes

Where promotional discounts are applied to orders, the discount will be applied to each item in the basket where applicable. In the event of a return, you will not be refunded the discounted proportion.

We cannot retrospectively apply a promotional code to your order. If you place an order without correctly applying the promotional code, we will be unable to reimburse you the discount once the order has been placed. If you are having any difficulties in applying a promotional code or believe the code to be faulty, please contact our customer services team on 0300 003 0005.

Please note, promotion codes can only be used once per transaction and cannot be used in conjunction with any other promotion or offer.

Offer may be revoked at any time, for any reason by PACEY

Cancellation policy

Your right to cancel or seek a refund

You have the right to cancel your contract for membership, products and services from PACEY within 14 days without giving any reason. Please note, the only exceptions to this policy are digital download products, which are non-refundable, and online training. Please make sure that the digital product or training course meets your needs because once you have logged into the course, you will not be entitled to a full refund.

If you simply change your mind and wish to return products, you should contact PACEY support in the first instance for instructions. Goods should be returned no later than 14 days from the date of purchase. You will have to meet the cost of returning the goods and they must be in a saleable condition.

The cancellation period will expire after 14 days from the date of your purchase. For membership, this is the date on which your membership becomes active. For PACEY products and services this is the date on which you receive the item you have ordered (or the last item you have ordered if you made a multiple order with different delivery dates).

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement in writing (e.g., by email) to support@pacey.org.uk. In certain circumstances we may accept a cancellation request on the telephone, provided this is backed up by an email within seven days. Our telephone number is 0300 003 0005. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

You will also need to send back any goods you purchased under the contract you wish to cancel. You should send these to PACEY, c/o Synergy Group, Unit 9, 19 Albert Drive, Victoria Business Park, Burgess Hill, West Sussex, RH15 9TN without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to meet the cost of returning the goods and they must be in a saleable condition.

You cannot cancel your purchase of downloadable documents once delivery has started. By placing an order for a downloadable or e-product from PACEY you acknowledge and agree to this. In the case of training, please make sure that the course you have ordered meets your needs because once you have logged into the course, you may not be entitled to a full refund.

Your other statutory rights are not affected.

Effects of Cancellation

If you cancel a contract with PACEY for the purchase of membership or another service during the cancellation period and we have already started to provide those services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract within the cancellation deadline, in comparison with the full coverage of the contract. In the case of training, please make sure that the course you have ordered meets your needs because once you have logged into the course, you may not be entitled to a full refund.

We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by you. Goods must be returned in saleable condition to be granted a refund.

We will make the reimbursement without undue delay, and not later than

(a) 14 days after the day we receive back from you in resaleable condition any goods supplied or

(b) If there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We will make reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.

Direct Debit and payment by instalments

You may choose to pay for your full year’s PACEY membership fee by way of Direct Debit by:

  • choosing to pay by Direct Debit when joining or renewing online
  • calling PACEY 0300 003 0005 to set up your Direct Debit Instruction over the phone.

Your payment date is based on the date you join / renew your membership as follows:

Join / Renewal Date

Payment Date

1st – 5th of the month (e.g., 4th September)

15th of that month (e.g., 15th September)

6th – 20th of the month (e.g., 18th December)

1st of the following month (e.g., 1st January)

21st – last day of the month (e.g., 28th February)

15th of the following month (e.g, 15th March)

Your Direct Debit Instruction must be received by PACEY through online join/renew or over the phone before your renewal date.

Payment schedules may be adjusted to ensure that all monies are collected within 12 months - in some instances, a payment plan may be set up over 11 months instead of 12 to ensure no payments roll over to a second membership year.

We will validate your Direct Debit bank details before applying for the first payment. If your bank is not able to verify the details you have provided we will contact you for confirmation of these within two working days of notification to us by the bank.

Incomplete payment

If you default on payment for your membership and you are outside of your right to cancel under the 14-day cooling off period you will not be entitled to any refund.

If your current membership term began on or before 31 March 2022, the insurer Royal Sun Alliance full policy wording states insurance cover is subject to the full annual premium to have been paid prior to dealing with any claim. In order to make a claim on the policy, you will be required to pay the full balance of the annual insurance premium and membership fee before a claim can be dealt with. Regardless of whether you wish to make a claim if you are outside of your cooling off period and have not made the full payment PACEY will seek to recover the balance owed.

If your current membership term began on or after 1 April 2022, your insurance is included as a benefit of membership and therefore is available only when valid membership is in place. 

If you cancel your Direct Debit Instruction before the payment is made or fail for any reason to make your full PACEY membership payment by Direct Debit on your Direct Debit payment date, PACEY reserves the right to cancel your membership. You can find out more about cancelling your membership in our cancellation rights policy.

Where a deferral of payment has been agreed we will send you details of your new payment date for your final payment by card.

PACEY payment by direct debit instalments terms and conditions

Important Please read before agreeing to pay by instalments. 

  • Your PACEY membership is conditional upon receipt by PACEY in cleared funds of each of the payments set out in the payment plan you have selected.
  • If at any time your Direct Debit fails, we will contact you within five working days of us being informed of the failed validation or collection to arrange payment of the total via a different method.
  • Failure to pay within five working days of our contacting you about a failed Direct Debit collection will result in cancellation of membership and all included membership benefits including your PACEY insurance. PLEASE NOTE: Failure to hold public liability insurance cover when working as a registered childcare provider may be a breach of registration requirements and could result in an investigation.
  • PACEY will not be liable for any losses arising from your failure to make payments on time.
  • You reasonably believe that you will have the funds to pay future instalments and will notify PACEY immediately upon becoming aware of any significant change to your financial circumstances which may affect your ability to pay.
  • You acknowledge that the payment plan is not regulated by the Consumer Credit Act 1974 and therefore you do not have a statutory right to make early repayments. 

These terms and conditions apply in addition to PACEY Membership Conditions.

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 values
  • will address all enquiries, including requests for the winner’s details, via email to support@pacey.org.uk.

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 written request via email.

Advertising terms and conditions

General

All advertisements accepted for publication by PACEY in any of its print publications or websites are accepted subject to these terms and conditions. Any attempt by an advertiser to contract on any other terms shall be void.

The word “advertisement” in these terms and conditions covers all forms of advertisements including online advertisements (such as banners, e-shots, news articles and sponsored emails) and printed advertisements within PACEY’s membership magazine or otherwise (including inserts, supplements & promotional content).

Where an advertisement is placed by an agency on behalf of the advertiser, the agency warrants that it is duly authorised by the advertiser to do so. PACEY will contract with the agency as principal and the agency shall be the advertiser for the purposes of these terms and conditions.

Details of current availability for advertising space within PACEY publications or websites, together with rates, are available on request from Redactive Media Group. Please email magazine@pacey.org.uk. Finished artwork and other content should also be emailed to the same address. Unless otherwise stated in writing, artwork for online advertising should be supplied as a web ready file (jpeg/PNG/GIF). If you would like to use an animated gif, please discuss this in advance of submission.

These terms and conditions are governed by and shall be construed in accordance with the laws of England & Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.

No endorsement or partnership

The acceptance by PACEY of an advertisement does not in itself establish any partnership, joint venture, agency relationship or similar between PACEY and the advertiser. PACEY does occasionally work with and endorse selected third-party products and services and may advertise these within PACEY publications and on PACEY websites. Where this is the case, PACEY will always make clear the nature of this endorsement.

Accuracy & Compliance

Advertisers are solely responsible for the accuracy and compliance of their advertising (including obtaining third party permissions for the use of photographs and images), for delivering advertising content to PACEY in accordance with PACEY’s specification, for the quality of advertised products/services and for all communications with customers about the advertised products/services and will indemnify PACEY accordingly.

Each Advertiser warrants that each of their advertisements complies with the British Code of Advertising Practice and does not breach relevant legislation.

Advertisers must engage only in legitimate business and ethical practices in their commercial operations and their dealings with third parties and PACEY employees.

Liability

Advertisers agree to reimburse PACEY in full for all losses arising directly or indirectly from a failure to adhere to these terms and conditions, whether due to negligence or otherwise, including (but not limited to) breach of third-party copyright and publication of defamatory or offensive content.

Advertisers must arrange and maintain adequate insurance to meet their obligations under these terms and conditions and will provide documentary evidence to PACEY upon request.

PACEY will not be liable to any advertiser (or agency placing an advertisement on behalf of an advertiser) for any loss or damage suffered as a result of any failure to publish or delay in publishing any advertisement or for any editorial changes to advertising content or for any error or misprint or omission in advertisement content. Upon becoming aware of an error which has a material adverse impact on the advertisement, PACEY will, in its sole discretion, either reinsert the correct advertisement in a subsequent publication or offer a reasonable refund to the advertiser. No refund or re-publication will be offered where the original advertising content did not comply with PACEY’s specification. PACEY’s total liability to any advertiser in any circumstance will be limited to the amount of a full refund of the price paid to PACEY for the advertisement.

General

Any dispute arising out of these terms and conditions are subject to the laws of England and Wales and is subject to the exclusive jurisdiction of the English Courts.

We may also amend these terms and conditions from time to time. If we make any substantial changes we will notify you by posting a notice on this page of the PACEY website. You are bound by any changes we make to these terms and conditions.

The headings in these terms and conditions are for convenience only and shall not affect the meanings of these terms and conditions.

If any provision of these terms and conditions is unenforceable, it shall not affect the enforceability of the rest of them.

PACEY shall not be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with your membership. PACEY's total liability in respect of all other losses arising under or in connection with your membership, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the purchase price of your membership.

Nothing in these terms and conditions shall limit or exclude PACEY's liability for:

(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);

(b) fraud or fraudulent misrepresentation; or

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or

(d) defective products under the Consumer Protection Act 1987