Pace Athletic Loyalty Programme
Terms and Conditions
These are the Terms and Conditions of the Pace Athletic Loyalty Programme by Trasa Holdings Pty Ltd ABN 99 165 790 643 (‘Pace Athletic’) effective as at 20th July 2023.
1. Participation and Membership
1.1 Pace Athletic is pleased to offer you the opportunity to participate in our Pace Athletic Loyalty Program. Pace Athletic works by offering participants certain Rewards according to their level of spend on the Pace Athletic website and for making Referrals to New Customers.
1.2 Membership in Pace Athletic and its Rewards are offered at the sole discretion of Pace Athletic.
1.3 You may apply to become a Member of Pace Athletic if you are aged 18 years or over and have a current valid email address.
1.4 To become a Member, you will be required to provide your email address and physical address for delivery of Rewards. You may also provide additional information when you create your Membership account, such as your date of birth so that you may receive birthday Rewards.
1.5 Membership is valid from the date of joining.
1.6 Pace Athletic will not accept any liability for any Member email that is misdirected, lost, or not received.
1.7 To become a Member, you must register online at https://www.paceathletic.com/account/login or our subscription pop up. By applying to become a Member, you fully and unconditionally accept and agree to these Terms and Conditions. If you do not agree with these Terms and Conditions or the Pace Athletic Customer Terms and Conditions, you must not apply to become a Member or, if you are currently a Member, you must terminate your Membership by contacting us.
1.8 We may refuse your application to become a Member for any reason, in our absolute discretion.
1.9 Employees of Pace Athletic and/or individuals receiving a discount or free product to represent the Pace Athletic brand are not eligible to become a Member.
1.10 If you do not produce Personal Information to Pace Athletic, we will be unable to provide Rewards (wholly or in part) to you.
1.11 It is your responsibility to inform us immediately if your personal details change (including, but not limited to, your email address, postal address, or phone number). If we do not have your correct and up-to-date personal details, we may not be able to contact you about your account or send you offers or Rewards, and we may also restrict operations on your account (such as redemption).
2.1 Members may increase their Spend Balance by making Qualifying Purchases of Products on the Pace Athletic website.
2.2 Members must place a transaction when logged in to their Pace Athletic account to ensure that a purchase on the Pace Athletic website counts towards their Spend Balance. If a Member uses the guest checkout to make a purchase, the purchase cannot be guaranteed to count toward their Spend Balance.
2.3 Cancelled orders or purchases deemed to be wholesale quantities for the purposes of resale or of a commercial nature will not count towards a Member's Spend Balance. Retail limits apply to all products per person per day. If these retail limits are exceeded, further purchases will not count towards the Member's Spend Balance.
2.4 The purchase of gift cards will count towards a Member's Spend Balance, but the redemption of gift cards will not.
2.5 Spend does not include decimal points and is rounded down to the nearest whole number for 49 cents and under, and rounded up for 50 cents or more. Shipping charges, discount vouchers, taxes, and fees are not eligible to be counted toward a Member's Spend Balance.
2.6 Items on promotion will count towards a Member's Spend Balance at the discounted price.
2.7 Spend Balance is calculated in the currency of the country in which the Member created their Member profile. For example, Spend Balance will be calculated in Australian Dollars (AUD) for Members who have registered in Australia with Pace Athletic.
2.8 Any attempt to exploit the loyalty programme including duplication of accounts with alternative email addresses may result in exclusion from the program, at our absolute discretion.
3.1 The Pace Athletic Loyalty Program operates by attributing different Rewards (as nominated by Pace Athletic from time to time) to Members according to their Status.
3.2 Members can view their Rewards at any time on their Member profile on the Pace Athletic website.
3.3 Pace Athletic will endeavor to notify the Member via email when the Member is entitled to a Reward or the Member moves up or down to a different Status in the Pace Athletic Loyalty Program. If a Member unsubscribes from Pace Athletic emails, their Rewards balance will be viewable online only.
3.4 At its sole discretion, Pace Athletic may award a Member with a Reward due to the Member's purchasing behavior, as a general incentive, and/or for the purposes of promotional activities.
3.5 Pace Athletic reserves the right to withdraw, cancel, or vary the distribution of Rewards without notice and at any time for any reason whatsoever in its absolute discretion.
3.6 Rewards that are awarded in error or earned fraudulently may be revoked by Pace Athletic in its absolute discretion.
3.7 Rewards cannot be sold, transferred, or assigned and are not redeemable for cash or any other like instruments, including (but not limited to) gift vouchers, gift cards, checks, and credit notes. Rewards do not represent legal tender in any country.
3.8 If a Reward is used as part of a transaction, only the money spent on Products in addition to the Reward will count towards the Member's Spend Balance.
3.9 If a Membership is terminated, all outstanding and future Rewards will no longer be valid and will be rendered null and void.
3.10 When a Member returns a purchase for a refund, the net amount of the transaction will be deducted from the Member's Spend Balance. If a Reward was previously awarded as a result of a purchase returned for a refund, the Reward and/or Spend Balance will be adjusted or reversed. This may result in the Member having a negative Spend Balance.
3.11 If an order is canceled, Pace Athletic may adjust or reverse Rewards and/or Spend Balance that was previously awarded to a Member in that transaction.
4. Redemption of Rewards
4.1 To redeem any applicable Reward when transacting on the Pace Athletic website, a Member must ensure they are logged into a valid account, which is registered as a Member at the time of transacting.
4.2 When redeeming any applicable Reward, the Reward will be applied proportionally across each item purchased, based on the percentage of the total purchase price that each item purchased represents to the total purchase.
4.3 Rewards cannot be redeemed in conjunction with any other offer unless otherwise indicated.
4.4 Rewards can be redeemed as payment for Afterpay purchases at the time of purchasing before the first payment takes place.
4.5 All Rewards have an expiry date of 12 months, at which point the Reward will no longer be available for redemption. Pace Athletic reserves the right to change the period in which a Reward may be used at any time without notice. The period in which a Reward may be used is the period stated in these Terms and Conditions at the time the Reward is awarded to the Member.
4.6 Pace Athletic will not be held responsible or liable if Rewards are not able to be redeemed for whatever reason, unless that reason was a result of Pace Athletic's gross negligence or default.
4.7 Rewards can only be redeemed once.
4.8 Pace Athletic reserves the right in its absolute discretion to exclude certain items and promotions from being redeemed by using Rewards.
4.9 If a Member wishes to return Products for any reason other than because the goods were faulty or misdescribed, any Reward redeemed or utilised during the original purchase of the Products being returned will be forfeited.
4.10 If a Member wishes to exchange Products that were purchased using a Reward, the Reward will be returned to the Member provided the exchange takes place on the same day as the return; otherwise, Rewards will be forfeited.
5. Termination and Transfer
5.1 Pace Athletic reserves the right to suspend or terminate your Pace Athletic Loyalty Program Membership and may cancel all or any Rewards and/or benefits that have been issued to you if Pace Athletic reasonably believes that:
5.1.1 you have breached these Terms and Conditions; or
5.1.2 a person has engaged or may engage in fraudulent conduct, or conduct is suspected to be fraudulent, in relation to your Pace Athletic Loyalty Program Account.
5.2 Pace Athletic reserves the right to terminate the Pace Athletic Loyalty Program at any time by giving all Members at least 30 days prior written notice.
5.3 You may terminate your Pace Athletic Loyalty Program Membership at any time by selecting 'cancel membership' in the Pace Athletic Loyalty widget or by contacting our Customer Service Team. On receiving a notice of termination from you, your account will be recorded on the Pace Athletic database as closed, and you will cease to earn Rewards or receive any other benefits.
6. Pace Athletic Privacy Notice
6.2 If you do not provide your personal information, we will be unable to offer you the Rewards set out in these Terms and Conditions or will only be able to provide you with limited Rewards.
6.3 By registering for the Pace Athletic Loyalty Program, you agree to receive emails and SMS messages regarding your membership to the Pace Athletic Loyalty Program from Pace Athletic. These may include information about Spend, Status, Rewards, promotions (including from our partners/affiliates), events, and program updates, as well as other related materials at the discretion of Pace Athletic. Existing Pace Athletic customers acknowledge and agree that on application to the Pace Athletic Loyalty Program, they will be re-subscribed to receive those forms of communication from Pace Athletic that they had previously unsubscribed or opted out of receiving (email or SMS messages).
6.4 Members may unsubscribe from the Pace Athletic Loyalty Program and/or any other Pace Athletic emails by clicking the 'unsubscribe' link in an email received by Pace Athletic and following the prompts. If you unsubscribe from Pace Athletic emails, you'll still receive emails about your order, shipping, gift cards, and gift voucher reminders. If you unsubscribe by contacting our team, it may take up to five days for your request to be processed.
6.5 Members may unsubscribe from the Pace Athletic Loyalty Program and/or other Pace Athletic SMS messages on their Member profile on the Pace Athletic Loyalty Programme widget.
7. Governing Law
The laws in New South Wales, Australia govern this Agreement. Each party submits to the exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia (Sydney Registry) and irrevocably waives any right to object to proceedings being brought in those courts on the basis that proceedings have been brought in an inconvenient forum.
Where any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any respect under the laws of New South Wales then such provision shall be deemed to be severed from these Terms and Conditions and, if possible, replaced with a lawful provision which, as closely as possible, gives effect to the intention of Pace Athletic under these Terms and Conditions and, where permissible, that shall not affect or impair the legality, validity or enforceability in that, or any other, jurisdiction of any other provision of these Terms and Conditions.
9. Limitations of Liability
9.1 By enrolling in the Pace Athletic Loyalty Program, each Member agrees that Pace Athletic and its affiliates and subsidiaries and its officers, directors, employees, representatives, and agents (collectively, the 'Released Parties') will have no liability or responsibility whatsoever for, and shall be held harmless by Members or any person for, any liability for any losses or damages of any kind (direct or indirect), from any action taken or neglected to be taken with regard to the program, with the exception of errors in posting Spend Balance to Pace Athletic Loyalty Program accounts.
9.2 The Released Parties are not responsible for: (a) loss or misdirection of, or delay in receiving, any Membership application, correspondence, information about qualifying purchases, or Rewards; (b) theft or unauthorized redemption of Spend Balance or Rewards or use of a Reward caused by circumstances beyond the reasonable control of Pace Athletic or the Released Parties; (c) any acts or omissions of third parties; or (d) any errors published in relation to the Pace Athletic Loyalty Program, including, without limitation, any typographical errors, errors of description, and errors in the crediting or debiting of Spend Balance from Member accounts. Pace Athletic reserves the right to correct, without notice, any errors. In no event shall the Released Parties be liable to any Member for any delay in or failure to perform due to causes beyond their control, including, without limitation, any act of God, an act of war, natural disaster, terrorism, or any act or omission of a third party.
9.3 Without limiting the foregoing, except as specifically provided otherwise in these Terms and Conditions, everything regarding the Pace Athletic Loyalty Program, including our Website and the Rewards, are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement (to the extent permitted by law). Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply.
9.4 This clause 9 will survive the termination of a Member's participation in the Pace Athletic Loyalty Program.