By purchasing goods from Breakspear Medical Group Limited (The Company) you enter a legally binding agreement with us on the following terms. You should read and understand these terms because they affect your rights and liabilities.
These terms describe the basis for purchase by you and sale by us of the products described on this web site.Please read these terms carefully before using the Web Site and registering with us. These Terms and Conditions are a legal document. It sets out our agreement with you and forms the basis of your rights and obligations to us.
General provisions
The use of the web site is subject to the following Terms and Conditions – which are effective from 1st January 2015.
Jurisdiction
These terms and conditions apply as between you, the user of the Web Site, or Member and us, Breakspear Medical Group Limited. By entering our Web Site, or becoming a Member, you are accepting these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately. By making an application for Registration you agree to these Terms and Conditions and confirm that you understand your obligations to us.
Your use of the Web Site and your account is governed by the laws of England and Wales and any dispute arising in connection with these Terms and Conditions, your use of the Web Site, or any of our Services shall be heard exclusively in the courts of England.
Nothing in these Terms and Conditions shall be construed to create a joint venture, partnership or agency relationship between you and us, and neither of us shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
These Terms and Conditions will only apply as between us and you. Unless as otherwise stated in these Terms and Conditions no other person may benefit or rely upon these Terms and Conditions.
The Web Site is directed only at UK residents and nothing within it or these Terms and Conditions constitutes an offer or promotion of services or products to persons outside the United Kingdom. The products and services described on the Web Site are only available to people who are residents in the United Kingdom, Northern Ireland or the Isle of Man (excluding the Channel Islands).
Language
These Terms and Conditions and our correspondence with you will be communicated in the English language.
Enforceability
We may modify any of these Terms and Conditions, at any time. Any revision will be posted on the Web Site, on this page.
If any provision of these Terms and Conditions shall be invalid or unenforceable, it shall not affect any other provision, which shall remain in full force and effect.
These Terms and Conditions and the Privacy Policy form the entire agreement between us and your Membership excludes all other documents, statement or discussions with you which may have taken place prior to your application for Registration being accepted.
Transfer of rights
We may transfer our rights and obligations under these Terms and Conditions to another organization without notice, but this will not affect your rights or our obligations to you.
If any event occurs that prevents us from carrying out our obligations or displaying the Web Site we will take reasonable steps to reduce the effect this has on you and your orders as a Registered user. If despite our efforts this disabling event continues for any period exceeding one week we may terminate your Registration but as a consequence will incur no liability to you.
Definitions & interpretations
In these Terms and Conditions, the following words shall have the following meanings:
- Content
- means any text, graphics, images, audio, video or other forms of information that appears on or forms part of the Web Site, and are capable of being stored on a computer.
- Registered Users
- means users of the Web Site who have chosen to register with the The Company’s web site. This definition also relates to “Membership” being the relationship between us and Registered Users.
- Merchant(s)
- means users of the Web Site who have chosen to register with the The Company’s web site. This definition also relates to “Membership” being the relationship between us and Members.
- Offer
- refers to a deal from Us for various products and/or services. These are made available to be purchased via the The Company’s Web Site.
- Purchasing
- means to buy or take possession of Offers from Us via the The Company’s Web Site. This definition includes ‘Purchase’, ‘Purchased’ and ‘Purchasing’.
- Services
- means the services provided by The Company’s to Members under these Terms and Conditions.
- System
- means any online communications infrastructure that The Company’s makes available through the Web Site. This includes, but is not limited to, emails, message boards and software applications.
- Web site
- means the website that you are currently using and any sub domains of this site (unless expressly excluded by their own terms and conditions).
- The Company’s
- refers to the name of the Web Site.
- Persons
- words denoting persons include natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
- Headings, titles, sub-headings
- such as (‘Definitions and Interpretations’ at the start of this section) are purely for ease of reference and do not form part of or affect the interpretation of these Terms and Conditions.
- Include & Including
- references to these words shall be deemed to mean respectively ‘include(s) without limitation’ and ‘including without limitation’.
- You & your
- The person who proposes to use or is using this web site.
Intellectual property
All Content included on the Web Site, unless stated, is the property of The Company’s and our affiliates. By continuing to use the Web Site, you acknowledge that such material is protected by United Kingdom and International intellectual property laws.
Users may view Web Site pages on screen and may print or download extracts for personal use. Users may supply a copy of any such extract to any third party provided that:
- The extract is for their and that third party’s own personal use
- The extract is not supplied as part of or incorporated in another work, website or publication
- The extract is not supplied either directly or indirectly in return for commercial gain
- The third party is made aware that the source of the Content is the Web Site and that these Terms and Conditions apply equally to them, as to you.
No part of the Web Site may be reproduced, transmitted to, or stored on any other website or in any other form of electronic medium without The Company’s’s express written consent.
Web site usage
You agree to indemnify The Company’s against any loss, liability, claim, demand, damage or expense (including legal fees) that may occur in connection with your use of the Web Site.
We make all reasonable effort to test Content material before placing it on our Web Site. In the very unlikely event of any loss, disruption, or damage, to data or your computer system, we cannot be held responsible.
Availability of the web site
While we take all reasonable steps to ensure the Web Site is always accessible, we cannot be held liable if, for any reason, it is unavailable. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults.
The Company’s accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
We may have to suspend access to the Web Site for routine or emergency updates and maintenance, but we’ll try to keep any disruption to a minimum.
Your obligations
Without limitation, you undertake and accept not to use or permit anyone else to use the Web Site or Service in the following circumstances:
- To send or receive any material which is not civil or tasteful;
- To send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
- To send or receive any material for which you have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any Country in the World;
- To send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
- To cause annoyance, inconvenience or needless anxiety;
- To intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
- For a purpose other than for which we have designed them, or intended them to be used;
- For any fraudulent purpose; or in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
The following uses of the Web Site are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
- Resell the Service or Site;
- Furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
- Attempt to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);
- Access the Web Site or Services in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;
- Execute any form of network monitoring which will intercept data not intended for you;
- Send unsolicited mail messages, including the sending of ‘junk mail’ or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
- Create or forward ‘chain letters’ or other ‘pyramid schemes’ of any type, whether or not the recipient wishes to receive such mailings;
- Send malicious email, including flooding a user or site with very large or numerous emails;
- Enter into fraudulent interactions or transactions with us or a Merchant or a Member of The Company’s;
- Use in an unauthorised manner, or forge, mail header information;
- Engage in any unlawful activity in connection with the use of the Web Site and/or the Services or any Offer.
Content
We reserve the right to add, amend, delete, edit, remove or modify any information, Content material or data displayed on the Web Site, without notice from time to time.
Links to external sites
This Web Site may contain links to other websites. Unless stated, The Company’s has no control over or proprietary interest in any of these websites and, as such, makes no promises nor gives and warranties with regard to the quality, security, accuracy or any other aspect of such websites, and excludes any and all liability arising from your use of the same.
Privacy
Our Privacy Policy (Privacy Policy) (which forms part of these Terms and Conditions) outlines how your Registered account information is handled. It includes the methods we employ to ensure privacy. By using the Web Site, you agree to the way in which we process and deal with the personal information you give to us, as a Member.
We may disclose your personal information or access your account if required to do so by law, any court order, the Financial Conduct Authority, the Office of Fair Trading or any other applicable reguInterry, compliance, Governmental or law enforcement agency.
Disclaimers
- The Company’s makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all computer systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from your use of our Services.
- This Web Site is not intended to provide advice, and the Content of the Web Site should not be relied upon when making any final decisions.
Registration
How to register
To register as a Member you must be 18 years of age or older and be a resident of the UK. Registration is issued at our absolute discretion and we reserve the right to decline any Registration application without liability to you or to terminate without giving any reason for doing so.
To Register you need to supply us with some personal information including, but not limited to, your user name, first name, last name, address and you must provide us with a current email address (this is the process referred to as ‘Registration’).
When you provide us with your personal information we will take every reasonable precaution to safeguard it in accordance with our Privacy Policy.
You promise us that all information provided on Registration and contained as part of your account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in the account section of the Web Site. If we discover that any information that you have supplied is untrue or misleading we may, at our sole discretion and without limitation, suspend or terminate your Registration and cancel any commission that may then be pending or due to you. We may also block your use of all or any part of the Web Site.
Why register
Depending on the particular functionality of our Web Site at any time you may, or may not, need to register to use its functionality, or to access our Services.
You must register in order to make a Purchase. You are not entitled to any commissions until you are accepted as a Registered user.
Usernames & passwords
During Registration, you will need to supply us with a password. You agree that you will not pass yourself off as someone else or create multiple, false accounts.
You must keep the password confidential and immediately notify us if any authorized third party becomes aware of that password or if there is any unauthorized use of your email address or any breach of security known to you. You agree that The Company’s are not responsible or liable in the event that a person to whom your password is disclosed uses our Web Site and Services as if they were you. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
We may disable your user ID and password at any time at our sole discretion with or without notice or explanation.
Access restrictions
Access to certain areas of the Web Site may be restricted.
We reserve the right to restrict access to certain areas of the Web Site at our discretion.
We may monitor for fraud prevention purposes and for Registered account maintenance reasons.
Dormant accounts
In order to minimize our administration overheads, we reserve the right to terminate dormant accounts. In order to keep your Registration active we do not require Purchase transactions, but you should log in to your account at least once every 6 months.
Valid email addresses
During Registration, all accounts must include the provision of a valid personal email address that you access regularly. Any accounts that have been registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require users to re-validate their accounts if we believe they have been using an invalid email address.
Marketing
After Registration is complete, The Company may send you administrative and promotional emails (related to our Services). We may also send you information regarding your account activity, updates about our Web Site and Services, as well as other promotional offers that you have agreed to receive. We may also send you information regarding Purchases you’ve made. (You can opt-out of our promotional e-mails at any time by clicking the unsubscribe link at the bottom of any of such email correspondence.
Closing your account
If you breach these or any of our other Terms and Conditions we reserve the right to close your account, if we do so, we may close all accounts you have open (whether or not they are in your name).
You may close your Registration account at any time by notifying us of your wish to cancel to:info@breakspearmedical.com.
If the account needs to be closed due to your death or incapacity we may accept instructions from another person as long as it is accompanied by relevant authority.
The Services
What the company does
The Company provides details of Offers for products and services that are available to Purchase from Us. These often relate, but are not limited to, the following categories: financial, gifts, home entertainment, holidays and travel, home improvements, sports, health and beauty, fashion and accessories, and leisure.
We do not provide financial, investment or other advice in relation to the products or services offered by Merchants, nor do we provide a recommendation or endorsement of any Merchants.
Members may select and buy Offers for themselves, and/or can act in the capacity of an agent, or as a friend of an agent to buy them for others.
The Company’s negotiates and then presents discounted prices on Merchant offerings.
The sale price displayed on the Web Site is the discounted price from the Merchant plus the commission paid to The Company’s.
We have no obligation to monitor and are not responsible for Merchant Offers but we may, and you agree that we may do one or all of the following:
- Monitor your shares;
- Alter, edit or change any of the offer benefits that may be included in Offers until such time as the Recommended Person has completed the Purchase transaction;
- Edit or remove any Member posting to the Web Site.
Offers
Who is responsible for each offer?
When buying an Offer through the Web Site, your contract will be with the Merchant and not us. The Company’s is not responsible for the products or services purchased, nor for any specific terms and conditions of sale in an Offer, nor any exceptions or limitations of liability set out in the Merchant’s terms and conditions for such sales.
Offer terms and conditions
Each Offer has its own terms and conditions, set by the Merchant, that will apply to the Purchase of any Offer placed on the Web Site.
You agree to abide by the terms or conditions of purchase imposed by the Merchant for any Offer: including compliance with the Merchant’s rules and restrictions for fares, products, or services.
You understand that any breach by you, or the Recommended Person, of any of the Merchant’s terms and conditions of Purchase may result in the cancellation of the Purchase; and you, or the Recommended Person, being denied access to any products or services Purchased.
As a consumer, nothing in these terms and conditions will affect your non-excludable statutory, or legal, rights.
Both The Company’s and the Merchant reserve the right to prevent anyone from making any Purchase for any reason whatsoever. Any such decision is within our (or their) sole discretion.
It is your responsibility to ensure that both you as the agent and any friend (or other party for whom the Offer is Purchased) meets the criteria set out in the terms and conditions for the Offer. No liability will be accepted by us if the Merchant does not deliver as expected.
All prices are shown in pounds sterling and include VAT.
The Membership sharing network allows you to earn commission for sharing as long as the Recommended Person completes the Purchase transaction with the Merchant. Whilst we take reasonable care to ensure that you are made aware of the commission offered for any transaction, we cannot be held responsible or liable for any inaccuracies or variations that arise as a result of actions or omissions of the Merchant.
Membership commissions are only possible if the Member has identified themselves on making the recommendation. Commissions will be credited to your bank account once the Merchant has provided The Company’s with confirmation of the Purchase transaction and payment in full.
We may offer bonus rewards at our absolute discretion.
Expiry periods
Each Offer will likely have its own expiry period. We ask each Merchant to make clear any expiry date in its Offer. Such expiry dates will vary depending on the Offer Purchased but it will expire on the date specified on the Offer or in the Merchant’s Terms and Conditions.
For the avoidance of doubt, once the Offer has expired it is no longer valid and is not redeemable. If it is not redeemable you may not purchase it and you will not receive any Membership commissions for a recommendation of that Offer if it has not been redeemed until after the expiry date.
Offer descriptions
We try to detect and correct errors in the Offer sales description and prices on the Web Site. However, we reserve the right to correct errors in Offer descriptions and prices before acceptance of your Purchase order.
Reproduction
Reproduction, sale, resale or trade of any Offer outside the The Company’s process is prohibited. Any attempt to carry out any of these actions will potentially void the Offer, at our discretion.
Pricing
All payments for Purchases will be taken by the Merchant and are not the responsibility of The Company’s.
As a buyer, you should be aware that all sales are final. Unless otherwise stated in the Merchant’s Terms and Conditions once acceptance has taken place all Purchases via the Web Site are final. If alterations or cancellations are available from the Merchants they may be subject to a charge as per their terms and conditions.
Complaints
Our services
Our aim is at all times to provide you with an excellent service. If you are unhappy with our Services for any reason, please write to us at:
Breakspear Medical Limited
Hertfordshire House
Wood Lane
Hemel Hempstead
HP2 4FDPlease include your name and address, a contact telephone number, your Membership or Offer quote number and details of why you are unhappy. This will help us to respond to you as quickly as possible. If we do not have enough information to investigate your complaint we will try and contact you to ask for further details.
Third-party services
If you are unhappy with any product you have obtained from a Merchant or have any complaint regarding any Merchant, you should address your complaint directly to that Merchant. If you require their contact details, please contact us info@breakspearmedical.co.uk and we will be happy to assist.
We cannot answer complaints about products or services on behalf of a Merchant or accept responsibility for any such complaints.
