Paace Terms & Conditions
Effective date: 7th November, 2023
Please read these terms and conditions carefully before purchasing Products, accessing the Paace Services and engaging with our Communication Channels.
1. INTRODUCTION
1.1. These terms and our Privacy Policy (together the T&Cs) are the Paace terms and conditions upon which you:-
(a) access and use paace.co and all applicable subdomains, the Paace mobile application software, and in each case the materials, functions and services provided through such (together, the “Paace Services”);
(b) purchase products offered for sale (“Products”) through the Paace Services by third party retailers (the “Sellers”); and
(c) use or access our social media channels, newsletter communications and any other channels through which we promote the Paace Services (the “Communication Channels”).
1.2 We operate an electronic intermediary platform, through which Sellers can promote and offer to sell, and you can browse and offer to buy, When you purchase Products using the Paace Services, you are purchasing items from one or more Sellers. In such circumstances, where you purchase a Product, the contract for the sale and purchase of such Product (the “Contract”) is between you and the relevant Seller, not us. We are not a party to such Contracts and therefore accept no responsibility or liability for any issue arising in relation to such Contracts.
1.3 We also operate a rewards system, through which you can collect points or other rewards (“Paace Points”) and redeem them against the price of certain Products.
1.4 The Paace Services are provided on an “as is” and “as available” basis. We reserve the right to modify or discontinue, temporarily or permanently, any part of the Paace Services from time to time. Where this is the case, we will let you know as soon as reasonably practicable and shall refund you for any sums paid in advance in respect of Paace Services which will no longer be provided where we have not provided a materially suitable replacement.
1.5 These T&Cs refer to and include our Privacy Policy, which also apply to your use of the Paace Services.
1.6 By accessing the Paace Services, you confirm that you accept these T&Cs and that you agree to comply with them. We may amend our T&Cs from time to time, so every time you wish to use the Paace Services, please check the current T&Cs to ensure you understand the T&Cs that apply at that time. If you do not agree to these T&Cs or any future variation of these T&Cs, you should immediately stop using the Paace Services. These T&Cs were most recently updated on 2nd February 2023.
1.7 We may transfer our rights and obligations under these T&Cs to another organisation at any time, for example if we decide to sell the company.
2. CONTACT DETAILS
2.1 The Paace Services and Communication Channels are owned and operated by Paace Ltd (trading as “Paace”), a company registered in England and Wales with company number 14085970 and whose registered office is situated at 32a Albert Bridge Road, London, England, SW11 4PY (Paace, our, we, us).
2.2 To contact us, please email hello@paace.co.
2.3 If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us when you registered with us. When we use the words “writing” or “written” in these T&Cs, this includes emails.
3. DEFINITIONS
3.1. The following definitions apply throughout these T&Cs:
4. CONTENT, ACCESS AND ACCEPTABLE USE
4.1. Content on the Paace Services
(a) We make the Paace Services available on an ‘as is’ basis and, to the fullest extent permitted under applicable law, we disclaim any implied terms as to title, merchantability, fitness for a particular purpose and non-infringement.
(b) We may update and change the Paace Services from time to time to reflect changes to the Paace Services, the Products, our users’ needs and our business priorities.
(c) The content on the Paace Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice or tuition before taking, or refraining from taking, any action on the basis of the content on the Paace Services.
(d) Although we make reasonable efforts to update the information on the Paace Services, we make no representations, warranties or guarantees, whether express or implied, that the content on the Paace Services (including in relation to Products) is accurate, complete or up to date.
(e) From time to time, we may update or amend the Paace Services, for example to reflect changes in our customer base and industry trends. This includes adding, removing and amending software, tools and features in our sole discretion. This means the tools and features available on the Paace Services may vary slightly from those marketed via the Paace Services landing pages and Communication Channels. Any new features that augment or enhance the current Paace Services, including the release of new tools and resources, shall be subject to these T&Cs and the continued use of the Paace Services after any such changes shall constitute your consent to such changes.
4.2 Accessing the Paace Services
(a) You are responsible for configuring your information technology, computer programmes and platform to access the Paace Services.
(b) We do not guarantee that the Paace Services, or any content on it, will always be available or be uninterrupted. You accept that we may suspend, withdraw or restrict the availability of all or any part of the Paace Services for business and operational reasons, as may the third party software providers on which we rely from time to time to keep the Paace Services operational.
(c) You must register for an account in order to use the Paace Services, and provide certain information about yourself as prompted during the account registration process.
(d) All the registration information you submit should be truthful and accurate. If for any reason any information you submit is or becomes untruthful, inaccurate and/or incomplete, you should update that information to maintain its accuracy.
(e) If you choose, or you are provided with, a user identification code, password or any other piece of information as part of account creation processes (e.g. when creating a Paace account) or our security procedures, you must treat such information as confidential and not disclose it to any third party.
(f) We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these T&Cs.
(g) If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
(h) You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Paace Services. If you suspect or become aware of any such unauthorised use of the Paace Services (including your account) or any other breach of its security, you shall immediately notify us of any details reasonably required in connection with such unauthorised access.
(i) Without prejudice to clauses 6 and 5.7, you can delete your account at any time, for any reason, by selecting to delete your account in the relevant section of the Paace Services.
(j) You are responsible for ensuring that all persons who access the Paace Services through your internet connection are aware of these T&Cs and other applicable terms, and that they comply with them. Your log-in details may only be used by you; any other individual or business must only access the Paace Services that are behind a member paywall if they are using their own distinct log-in details.
(k) By inputting permissions, information, passwords or other log in data into the Paace Services, you are licensing that content to us for the purpose of providing the Paace Services in accordance with our Privacy Policy, and you represent that you are entitled to submit that content to us for that purpose.
(l) By using the Paace Services you are giving us access to personal data and you consent to us using that personal data in accordance with our Privacy Policy, and you represent that you are entitled to submit that personal data to us for that purpose.
(m) We may create aggregated market data, from which all personal data is removed. We may use and share this anonymised aggregated market data for the purposes of making product and service improvements, advertising, promotions and marketing. By using the Paace Service, you consent to our use of this data in this way.
4.3 Limitations on use of the Paace Services
4.4 You must not:
(a) print off, print screen, download, copy, modify, record, duplicate, reproduce, create derivative materials from, modify, frame, mirror, republish, transmit, distribute, display, share, distribute, transmit, retransmit, transfer, disseminate, broadcast, circulate or otherwise use the Paace Services or any portion of the Paace Services, including any portion of the text, images, audio, videos, pages, structures, HTML, CSS, JavaScript or visual design elements that comprise the Paace Services in any form or by any means (“Sharing Content”) without our prior written consent, except as permitted by these T&Cs;
(b) use the Paace Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these T&Cs;
(c) use any part of the Paace Services in order to build a product, service, offering or following, whether for commercial purposes or otherwise, on your own behalf or for a third party;
(d) license, sell, resell, rent, commercially exploit, make available to third parties, or enable any third parties to access the Paace Services; or
(e) act fraudulently or maliciously, for example, by decompiling the Paace Services or inserting malicious code, including viruses, or harmful data, into the Paace Services.
4.5. Where we consent to you Sharing Content, you agree that our status (and that of any identified contributors) as the authors of the relevant content must always be acknowledged, and that we can withdraw our consent at any time (at which point, you will return, remove and/or destroy the content and any copies thereof, at our request and in our sole discretion, as soon as practicable).
4.6. You agree that we shall have the following rights:
(a) the right to terminate your access to the Paace Services (including any account you may have registered with us) without notice at any time following your unauthorised use of the Paace Services, or your breach of these T&Cs;
(b) the right to amend, update or remove Product prices and available payment methods from time to time, without notice and in our sole discretion; and
(c) the right to report you to the police or other judicial body if we believe in our sole and absolute discretion that your conduct is or may be unlawful.
4.7. Linking to the Paace Services
(a) You may link to the Paace Services, provided you do so in a way that is fair and legal, does not damage our reputation or take advantage of it, and does not suggest any form of association, approval or endorsement on our part where none exists.
(b) You must not establish a link to the Paace Services in any websites or resources that are not owned by you, unless you have been given express permission to do so by the owner of such websites or resources.
(c) The Paace Services must not be framed on any other website or within any resources.
(d) We reserve the right to withdraw linking permission at any time and in our sole discretion.
(e) If you wish to link to or make any use of the Paace Services other than as set out in these T&Cs, please contact
Viruses
(a) We do not guarantee that the Paace Services will be secure or free from bugs or viruses, so you should use your own suitable virus protection software. Accordingly, you agree not to hold us accountable for such bugs or viruses.
(b) You must not misuse the Paace Services by knowingly introducing or permitting the introduction of viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Paace Services, the servers on which the Paace Services are stored or any server, computer or database connected to the Paace Services. You must not attack the Paace Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Paace Services will cease immediately.
(c) You must not use bots or other automated methods to register accounts on the Paace Services.
5. PAACE POINTS
5.1 You can earn and collect Paace Points through the Paace Services by undertaking and completing certain activities, as further described on the Paace Services. We have the right to determine how and in what circumstances Paace Points will be awarded, and the right to change or cancel our rewards system at any time.
5.2 The value of any Paace Points will be as detailed on the Paace Services from time to time. We have the right to change the value of any Paace Points at any time. See clause 7.2 below in relation to the use of Paace Points.
6. ORDERS OF PRODUCTS
6.1 Product listings
(a) Sellers are responsible for content uploaded or posted to the Paace Services relating to Products (“Product Content”) and you therefore accept that we make no representations, warranties or guarantees, whether express or implied, that the Product Content is accurate, complete or up to date.
(b) Sellers are responsible for setting their own Product prices, which will be displayed on the relevant Product page. You accept that we take no responsibility for changes or inaccuracies with respect to pricing or the availability of discounts or offers provided by Sellers as listed on the Paace Services.
(c) From time to time, Sellers may update or amend the range of Products that they advertise, offer, or facilitate the sale of. This includes adding, removing and amending Products in their sole discretion. This means the Products available on the Paace Services may vary slightly time to time and from those marketed via our Communication Channels.
(d) A Product’s true colour or appearance may not exactly match that shown on your device or on the Paace Services, or its packaging may be slightly different.
(e) You are responsible for ensuring that Products are appropriate for your intended purposes.
6.2 Orders
(a) All orders for Products are subject to availability and confirmation of the order price, as determined by the relevant Seller.
(b) We contact you to confirm your order has been received but this does not mean your order has been accepted.
(c) Your order will only be accepted once you are contacted again with written confirmation that your order has been accepted.
(d) Sometimes your order may be rejected by us or a Seller, for example, because a product is unexpectedly out of stock, unable to be shipped or otherwise unavailable, because the product was mispriced, or because we have been unable to obtain authorisation for or otherwise receive your payment. When this happens, we will let you know as soon as possible and refund any sums you have paid for Products not received.
7. PAYMENTS, DELIVERY, RETURNS AND REFUNDS
7.1 We charge you for the Products when you place your order. The available methods of payment are displayed on the relevant payment page of the Paace Services.
7.2 You may be able to use Paace Points or any other discount offered by us in our discretion (each a “Discount”) to reduce the price of certain Products. Any Discount may come with its own terms which will be notified to you. Discounts cannot be exchanged for cash or any other benefit, and no refunds shall be provided in respect of Discounts that have expired or been cancelled in accordance with these T&Cs. Discounts cannot be shared or transferred to other customers, or posted in a public forum. We reserve the right to cancel and/or suspend any Discounts that we feel, in our sole discretion, are being misused. Discounts applied in contravention of the applicable terms or these T&Cs will be removed from your account if applicable. You accept that we take no responsibility for the availability or validity of any discount codes, offers or vouchers provided by Sellers.
7.3 Delivery costs and timescales will be displayed on the relevant page of the Paace Services, but fulfilment of delivery of the Products is the responsibility of the relevant Seller, and will be governed by, and subject to, your Contract with the relevant Seller. Please contact the relevant Seller directly with any questions. You can access the Sellers’ publicly-available terms and conditions at checkout, although there may be other applicable terms and conditions which are imposed by a Seller which you should check.
7.4 Your rights to cancel, change your mind, return a Product, receive a refund, and/or if you think there is something wrong with a Product will be governed by, and subject to, your Contract with the relevant Seller. Please contact the relevant Seller directly. You can access the Sellers’ publicly-available terms and conditions at checkout, although there may be other applicable terms and conditions which are imposed by a Seller which you should check. However, for most Products bought online, you have a legal right under the Consumer Contracts Regulations 2013 to change your mind within 14 days of receipt and receive a refund. This right to cancel and receive a refund does not apply in respect of certain products, including those falling within the below categories:
(a) Digital products after you have started to download or stream these. If we or a Seller make digital content available to you immediately upon you making payment and you subsequently download the file(s), you will not have the right to change your mind;
(b) Products that are sealed (including items such as underwear, which come with a hygiene strip) and that are not suitable for return due to health protection or hygiene reasons if they become unsealed after delivery;
(c) Products that have become inseparably mixed with other items after delivery;
(d) Certain bespoke or personalised products;
(e) Certain perishable goods; and
(f) Services, once these have been completed, even if the cancellation period is still running.
7.5 We are not a party to, or responsible for, any Sellers’ terms and conditions and therefore accept no responsibility or liability for any issue arising in relation to such. We are not responsible for keeping any Sellers’ terms and conditions up to date and so cannot guarantee that these are accurate, complete or up to date.
8. THIRD PARTY WEBSITE SERVICES & RESOURCE
8.1 Third-party software providers
(a) You agree not to hold us responsible if defective third-party software (including software sold or made available by a Seller) damages a device or digital content belonging to you and accept that we will never accept responsibility for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us or the relevant Sellers or software providers (as applicable).
8.2 Third-party resources
(a) Where the Paace Services contain links to third parties, including (but not limited to) links to Seller profiles, third party website content, social media channels, platforms, individuals, organisations, products (including books), services, or other resources (including content, communications, mailing lists, advice and information) (“Third-Party Resources”), these links are provided for your information only.
(b) Links to Third-Party Resources should not generally be interpreted as recommendations that you interact with such Third-Party Resources, or as approval by us of those Third-Party Resources or information you may obtain from them, and you accept that we have no control over the nature or availability of such Third-Party Resources.
(c) If you access, purchase or use any Third-Party Resources:
- You do so solely at your own risk and we make no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third-Party Resources, or any transactions completed and any contracts entered into by you with any such Third-Party Resources; and
- By using such Third-Party Resources, you agree to also be bound by any terms and conditions applicable to the use of such Third-Party Resources and accept that you may need to pay additional fees to access those Third-Party Resources. Accordingly, we recommend that you refer to any applicable terms and conditions and policies prior to using any Third-Party Resources.
9. INTELLECTUAL PROPERTY
9.1 You acknowledge and agree that unless otherwise specified, and subject to these T&Cs, we are the owner or the licensee of all intellectual property rights in the Paace Services, including the material published on the Paace Services and any software, logos, branding or domains contained within or made available through the Paace Services. Those works are protected by copyright laws and treaties around the world and all such rights are reserved. You are not permitted to use any intellectual property rights without the prior written consent of the owner.
9.2 The intellectual property rights in the Products remain the property of the Sellers of those Products (or, where applicable, the relevant Product creators).
9.3 These T&Cs do not grant you any rights to, under or in, any patents, copyright, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Paace Services.
9.4 You are not permitted to use our business name, trading name, logos or branding without our approval and you shall not remove or in any manner alter any logo, brand name, product identification, proprietary mark, trade mark notice, copyright notice, or other notices contained in or comprising part of the Paace Services.
10. LIABILITY
10.1 If you have any questions or complaints about the Paace Services, please contact us.
10.2 We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen. We only provide the Paace Services for domestic and private use. You agree not to use the Paace Services for any commercial or business purposes, and we have no liability to you for: (a) loss of income, profits, sales, business, revenue or data; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill or reputation; or (e) any indirect or consequential loss or damage of any kind, in each case that arises in whole or part from your breach of this clause. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
10.3 You hereby indemnify and hold harmless Paace Ltd and our affiliates for any losses, damages, costs (including reasonable legal costs) and expenses (including taxation), in each case of any nature whatsoever, that are suffered or incurred by us or our affiliates as a result (in whole or in part) of your breach of any provision(s) of these T&Cs.
10.4 If we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, for example strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport or telecommunications network, acts of God, wars, riots, civil commotions, malicious damage, epidemics, pandemics, compliance with any law or governmental orders, rules, regulations or directions, accidents, breakdowns of plant or machinery, fires, floods, storms or default of suppliers or subcontractors, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can email us at hello@paace.co to receive a refund for any Products you have paid for, but not received, less reasonable costs we have already incurred.
10.5 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
11. DATA PROTECTION
11.1 We will only use your personal information as set out in our Privacy Policy.
12. OTHER TERMS
12.1 These T&Cs constitutes the entire agreement between us and supersede and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to the subject matter.
12.2 Nothing in these T&Cs creates any agency, partnership, joint venture, employment or franchisee relationship between you and us.
12.3 If a court finds part of these T&Cs illegal, the remaining terms will continue in full force and effect.
12.4 A person who is not a party to these T&Cs will have no right to enforce any of them.
12.5 If we delay in enforcing these T&Cs, we can still enforce them later.
12.6 You shall not, without our prior written consent, sublicense, assign, transfer, charge or sub-contract any element of the Paace Services or any of your rights or obligations under these T&Cs to any third party.
12.7 We may transfer our rights and obligations under these T&Cs to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights
12.8 Provisions of these T&Cs that expressly or by their inherent nature should survive termination or expiry of these T&Cs shall survive termination or expiry.
12.9 These T&Cs, their subject matter and their formation, are governed by the law of England and Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.