Terms & Conditions

Agreement between User and Breakthrough2Performance Limited.

The Breakthrough2Performance website is comprised of various web pages operated by Breakthrough2Performance.

The Breakthrough2Performance website www.breakthrough2performance.co.uk (our website) is offered to you conditional on your acceptance without modification of these Terms of Use, conditions and notices contained herein and any documents referred to.

Your use of our website constitutes your agreement to all such terms, conditions, notices and governed by these Terms of Use and our Privacy Policy, available here.  These terms are effective from September 2018.

Breakthrough2Performance will make all reasonable efforts to prevent malicious software being uploaded onto our website, however we cannot guarantee that our website is virus free.  We will not be responsible for any bugs, viruses, software (or otherwise) that may transfer from our website to you.  Therefore, it is recommended you have effective and up-to-date anti-virus protection.

Modifications of these Terms of Use

Breakthrough2Performance reserves the right to change the terms, conditions and notices under which the Breakthrough2Performance website is offered, including but not limited to the changes associated with the use of the Breakthrough2Performance website.

About Breakthrough2Performance

Breakthrough2Performance Limited (referred to as, ‘we’, ‘our’, ‘us’ and ‘B2P’).

The user(s) of our website are referred to within these Terms of Use as; ‘you’, ‘your’, ‘user’.

Our Company details are as follows:-

Full Name of Legal Entity:  Breakthrough2Performance Limited

Registered Office:  15 Towcester Road, Old Stratford, Milton Keynes MK19 6AN

Postal and Office Address:  8 Hamilton Lane, Far Bletchley, Milton Keynes MK3 5LU

Registered Number:  8309281 (Registered and operating in England)

Links to Third-Party Sites

The Breakthrough2Performance website may contain links to other websites (‘Linked Sites’).

The Linked Sites are not under the control of Breakthrough2Performance and we are not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site and we disclaim any and all liability in this respect.

Breakthrough2Performance is not responsible for webcasting, data-processing activities or any other form of transmission received from any Linked Site. Breakthrough2Performance is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by Breakthrough2Performance of the site, or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of the Breakthrough2Performance website, you warrant to Breakthrough2Performance that you will not use our website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Breakthrough2Performance website in any manner which could damage, disable, overburden or impair the Breakthrough2Performance website, or interfere with any other party’s use and enjoyment of our website. You may not obtain, or attempt to obtain, any materials or information through any means not intentionally made available or provided for through the Breakthrough2Performance website.

Use of Communication Services

The Breakthrough2Performance website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, ‘Communication Services’). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example and not as a limitation, you agree that when using a Communication Service, you will not:-

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files, harmful programmes of code that contain viruses, corrupted files, malware, adware, Trojan horses, worms, keystroke loggers, spyware, logic/time bombs or any other similar software or programs that may damage the operation of our website, our hard/software, or other third party’s computers, tablets, phones or other such devices.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Advertise whether by direct or in-direct marketing or spam anyone in relation to goods or services not authorised by us.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including email addresses, without their consent.
  • Use any robots, spiders, data mining or scraping technology for the extraction or reproduction of data or content from our website.
  • Violate any applicable laws or regulations.

Breakthrough2Performance has no obligation to monitor the Communication Services. However, Breakthrough2Performance reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Breakthrough2Performance reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Breakthrough2Performance reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in

Breakthrough2Performance’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or others, or information that is considered sensitive personal information (as defined by the General Data Protection Regulations (GDPR)) in any Communication Service.

Breakthrough2Performance does not control or endorse the content, messages or information found in any Communication Service and therefore, Breakthrough2Performance specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.  Should you provide or disclose sensitive personal information, we will consider that you have provided your consent to our processing such data in-line with our Privacy Policy and the General Data Protection Regulations (GDPR).

Where we provide you with the option to select your own log-in information, including a password, we recommend you supply log-in information unique to your own use of our website.  You must never use another user’s account without permission.  If you suspect the confidentiality of your log-in on our website has been compromised, you should change your log-in and password details immediately, if you are unable to change your password you must notify us immediately jannine@nullb2phr.co.uk.

Managers, hosts and suppliers are not authorised Breakthrough2Performance spokespersons, and their views do not necessarily reflect those of Breakthrough2Performance.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Breakthrough2Performance makes no representations or warranties that the website will be available at specific times or from certain geographical locations, or that your access will be continuous or uninterrupted, or accessible or optimised on all browsers, computers, tablets, phones or viewing platforms.

Materials provided to Breakthrough2Performance or posted on the Breakthrough2Performance Website

Breakthrough2Performance does not claim ownership of the materials you provide to us, including feedback and suggestions, postings, uploads, inputs or submissions or our associated services (collectively ‘Submissions’). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Breakthrough2Performance permission to use your Submission in connection with the operation of our website including, without limitation, the rights to:- copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation (financial or otherwise) will be paid with respect to the use of your Submission, as provided herein. Breakthrough2Performance is under no obligation to post or use any Submission you may provide, and may remove any Submission at any time at our sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Liability Disclaimer

The information, software, products and services included in or available through the Breakthrough2performance website may include inaccuracies or typographical errors. Changes are periodically added to the information herein.

Breakthrough2Performance and/or its suppliers may make improvements and/or changes to the Breakthrough2Performance website at any time.

Advice received via the Breakthrough2Perforamnce website should not be relied upon for personal, medical, legal, financial decisions, or otherwise and you should consult an appropriate professional for specific advice tailored to your situation.

Breakthrough2Performance and/or its suppliers make no representations about the suitability, reliability, availability, timescales and accuracy of the information, software, products, services and related graphics contained on the Breakthrough2Performance website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided ‘as is’ without warranty or condition of any kind. Breakthrough2Performance and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Breakthrough2Performance and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use, data or profits, arising out of or in any way connected with the use of our website, with the delay or inability to use the Breakthrough2Performance website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Breakthrough2Performance website, or otherwise arising out of the use of the Breakthrough2Performance website, whether based on contract, tort, negligence, strict liability or otherwise, even if Breakthrough2Performance or any of its suppliers has been advised of the possibility of damages.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.  If you are dissatisfied with any portion of the Breakthough2Performance website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Breakthrough2Performance website.

Termination/Access Restriction

Breakthrough2Performance reserves the right, in its sole discretion, to terminate your access to the Breakthrough2Performance website and the related services or any portion thereof at any time, without notice.

General

To the maximum extent permitted by law, this agreement, any documents they refer to and any disputes arising from or in relation to them, shall be governed by the laws of England and Wales and you hereby consent to the exclusive jurisdiction, including any disputes arising out of, or relating to, the use of the Breakthrough2Performance website.

Use of the Breakthrough2Performance website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, collaboration, affiliation, business relationship, employment or agency relationship exists between you and Breakthrough2Performance as a result of this agreement, or use of the Breakthrough2Performance website.

Breakthrough2Performance does not allow links to our website without our express written consent.  Where permission is granted you agree to abide by these Terms of Use and related conditions and notices.  We reserve the right to withdraw permission at any time and for any reason e.g. where we consider our Terms of Use (including related conditions and notices) have been breached, or that your actions misrepresents us or our business, are considered defamatory, or causing harm to our business.

Our performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Breakthrough2Performance’s right to comply with governmental, court and law enforcement requests, or requirements relating to your use of our website or information provided to, or gathered by, Breakthrough2Performance with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Breakthrough2Performance with respect to the Breakthrough2Performance website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Breakthrough2Performance with respect to the Breakthrough2Performance website.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

Copyright and Trademark Notices

All contents, trademarks and logos of the Breakthrough2Performance website are either owned by us, or licensed to us and protected by copyright laws and intellectual property rights.  All rights reserved.

You are not permitted to modify, make any changes, reproduce, duplicate, copy or resell any part of our website, or any content or material from our website without out our express written permission, or where you may breach the conditions of these Terms of Use.

The information provided and content of our website is intended for lawful, personal, private and non-commercial use only.  Where content or material from our website is printed, downloaded or shared, you must acknowledge Breakthrough2Performance as the author (or any other authors credited by us).

The names, trademarks, logos of actual companies and products mentioned herein, used or displayed on our website may be the trademarks of their respective owners.

From time to time website content or material may refer or depict example companies, organisations, products, people and events which are fictitious. In this event no association with any real company, organisation, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.