Terms of use for this website

The Information on this website is intended to be helpful and informative. However, neither nor any of its employees, agents or sub-contractors make any warranty, express or implied, or assume any legal liability or responsibility for the accuracy or completeness of any information contained on this site or any web site referred to. Those who access the site or any site referred to should take appropriate steps to verify all such information. Centurion Management Systems Ltd (trading as Breathe) and its subsidiaries cannot be held responsible for the contents of any pages referred to by an external link. A reference on this site to any persons, products, web sites or services does not constitute or imply their endorsements, recommendation or favouring by Breathe, its employees, agents or sub-contractors.

1. Definitions

1.1 “This Site” refers to all internet pages in the breatheHR.com domain. 1.2 “Breathe” refers to any organisation involved in any part of the design, development, management, response-handling, marketing, promotion or other similar aspects of this Site. 1.3 “User” refers to any person viewing or interacting with this Site, including “you”. 1.4 “Content” refers to any text, photograph or other image presented on this Site to Users by either breatheHR.com or Users.

2. Terms

2.1 By using this site, you agree to these terms of use. If you do not agree to these terms of use, disconnect from this site and do not use this site further.

3. Summary

3.1 Except where otherwise expressed, all opinions, advice, statements, offers, or other information content made available through this Site are those of third parties and not of Breathe and should not be relied upon. Breathe assumes no responsibility for any opinions, advice, statements, offers or other information provided on this Site. Breathe does not guarantee the accuracy, completeness, or usefulness of any information on this Site and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Breathe is not responsible for any Content that is illegal, offensive or otherwise actionable. Under no circumstances will Breathe be responsible for any loss or damage resulting from anyone’s reliance on information or other Content posted on this Site or transmitted to Users. 3.2 Breathe reserves the right, but has no obligation, to edit or remove any Content without question, reason or notice.

4. Site contents

4.1 The Content made available in this Site is provided “as is” without warranties of any kind, either express or implied, including but not limited to all implied warranties of satisfactory quality, fitness for a particular purpose, title, or non-infringement of any third party rights including, without limitation, intellectual property rights. Breathe does not warrant that the Content will be error free, nor free of viruses, nor free from defamatory, offensive, infringing or other harmful matter. You assume the entire cost of any necessary service, repair, or correction. The Content may include inaccuracies or typographical errors that will be corrected as they are discovered at Breathe’s sole discretion. You acknowledge that Breathe has not undertaken any verification of Content featured on this Site. 4.2 By submitting a photograph or image to this Site, you grant Breathe permission to use it, either in its original format or altered or cropped, on this Site in any way deemed appropriate by Breathe.

5. Site links

5.1 This Site links to websites operated by third parties. Breathe does not control these third party websites and is not responsible for their content. The presence on this Site of a link to a website operated by a third party does not imply any endorsement by Breathe of that third party or of any products or services advertised, or other information or content featured on that website. Nor does it constitute any assurance by Breathe that that website has in place security measures to protect information which you may submit online.

6. Conduct of users

6.1 You acknowledge that you are solely responsible for interactions with other Users of this Site and that you are solely responsible for all materials that you publish or post to this Site or transmit to other Users of this Site. 6.2 You agree that by interacting with this Site or providing materials to Breathe that you are granting Breathe permission to use that material on this Site. 6.3 You agree not to post, distribute or reproduce in any way any copyright material, trade marks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. 6.4 You will not include material on this Site, which contains offensive anatomical or sexual references, or offensive language, and you will not post any photograph or image containing nudity or personal information. Breathe reserves the right, but has no obligation, to reject any text, photograph or other image that does not comply with these prohibitions. 6.5 You agree not to transmit any chain letters, spam letters, or junk email to other Users, not to participate in mischievous or malicious behaviour which causes damage or may cause damage to Breathe or this Site or any of the computer systems on which this Site resides. You agree not to attempt to bypass any of the security measures implemented on this Site or on any of the computer systems on which this Site resides.

7. Marketing and Publicity

7.1 Breathe may from time to time obtain publicity for this Site in the marketing press, internet trade press and general popular press, as well as newspapers, magazines and other publications both national and international. You agree that these publications may without Breathe knowledge obtain screenshots or quotations or other publicly accessible material from this Site to be used in such publications that may feature your Breathe entry, profile and/or photograph. 7.2 You agree to release all rights concerning such material as referenced in to Breathe and agree that your entry, profile and/or photograph may be used for such purposes. Breathe agrees that it will contact you for your comments in all cases where it is aware that your information is contained in any such screenshot. Breathe will endeavour to do this prior to any deadline for which the screenshot may be required.

8. Disclaimer of warranty and limitation of liability

8.1 Under no circumstances shall Breathe, nor affiliates, staff, agents or suppliers, be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential, or other damages (including without limitation lost profits, lost revenues, or similar economic loss), whether in contract, tort, or otherwise, arising out of the use or inability to use the Content available in this Site or any linked site, even if Breathe is advised of the possibility thereof, nor for any claim by a third party. 8.2 Breathe hereby expressly disclaims any and all warranties, including without limitation, any warranties to the availability, accuracy, or information, products or services, and any warranties of satisfactory quality or fitness for a particular purpose. 8.3 Breathe shall in no event be liable for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records for any cause of action.

9. Indemnity

9.1 You agree to defend, fully indemnify and keep fully indemnified at all times, and hold harmless Breathe, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, damages and expenses (including reasonable fees) relating to or arising out of your use of this Site including, without limitation, any infringement of any third party’s rights (including without limitation intellectual property rights and rights of privacy and publicity) and any unlawful material you submit to this Site (including without limitation material which is or could be deemed defamatory, obscene, offensive, inaccurate, blasphemous, threatening or illegal), including any breach by you of the terms of this agreement.

10. Severability

10.1 In the event any term or condition of this agreement is prohibited by local or other law, this agreement shall be construed in such a manner as to give force and effect to every lawful provision.

11. Notice

11.1 The terms of use shall be governed in accordance with the laws of England. The terms and conditions of this agreement are subject to change by Breathe at any time on a prospective basis upon notice to Users. Any User’s use of this Site following such notice shall indicate the User’s acceptance of the new terms and conditions may provide notice to Users by email or by a general posting on this Site.

12. Personal data protection

12.1 Breathe will store all data including your personal information submitted to this Site. If you do not want your personal information to be stored by Breathe please disconnect from this Site now. By using this Site, you consent to the collection and use by Breathe of your personal information for the purpose of effectively meeting the objectives of Breathe. You may withdraw this consent at any time by emailing support@breathehr.com 12.2 Breathe may contact you via email or telephone from time to time to update you about functionality changes and new services on offer. You can opt out of these communications by emailing support@breatheHR.com 12.3 Breathe is not responsible for privacy practices of third party websites linked to this Site. Breathe undertakes not to disclose any of your personal information to third parties without your consent. Breathe follows strict security procedures in the storage of your personal information to prevent unauthorised access.

13. Copyrights and trademarks

13.1 All Content and materials on this Site, save where otherwise expressed, are subject to copyright and are protected by worldwide copyright laws and treaty provisions. No logo, graphic, text, sound or image from this website may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without Breathe’s prior written permission. Except as expressly provided herein, Breathe does not grant any express or implied right to you under any patents, copyrights or trademarks. Copyright Centurion Management Systems Ltd 2014. All rights reserved. Registered office: Preston Park House, South Road Brighton, East Sussex BN1 6SB