+44 (0)1329 841652 info@missionperformance.com

Mission Performance General Terms & Conditions

Introduction

The following terms and conditions (General Terms) apply to our provision and your use of the information, services and materials (Online Content and Courses) through the missionperfromance.com website and the Mission-Hub learning platform hub.missionperformance.com (Website) including you visiting and browsing the Website (User) and registering with hub.missionperformance.com as a student (Learner).

These General Terms should be read alongside, and are in addition to our Terms of Business (Terms), Proposal letter, EULA and / or Services Schedule policies, including our privacy and cookies policies (Policy). Please read these General Terms carefully. If you do not agree to these General Terms, you must stop using the Website and the Online Content and Courses immediately.

About Us

In this General Terms, references to “we” or “us” are to Mission Performance Limited, a company incorporated in England and Wales (registered number 4288784) whose registered office is at Bulwark Unit 3, Daedalus Park, Daedalus Drive, Lee-on the-Solent, PO13 9JB, United Kingdom.

In these General Terms, references to “you” or “your” are references to you whether as a Learner or User.

Mission Performance Ltd offers Online Content and Courses through the Mission-Hub.

If you have any questions about these General Terms  or wish to contact us for any reason please visit the contact us section that can be found on the Website.

Using the Website (User and Learner conduct)

By using this Website and the Online Content and Courses, you confirm that you have read, agree and are in compliance with these General Terms and the Policy (each as amended from time to time). Use of the Website and access to the Online Content and Courses by anyone under the age of 13 is strictly prohibited.

Your use of and access to this Website and the Online Content and Courses are subject to the following conditions (Acceptable Use Conditions), and you agree that failure to comply with any one of the Acceptable Use Conditions will constitute a breach of these General Terms. The Acceptable Use Conditions are as follows:

  • You agree to use the Website and access the Online Content and Courses only for lawful purposes and your use of the Website and Online Content and Courses is in no way unlawful or fraudulent;
  • You agree not to use or access the Website or the Online Content and Courses for the purpose of harming or attempting to harm minors in any way;
  • You agree not to distribute all or any part of the Website or Online Content and Courses in any medium without our prior written consent, unless such distribution is offered through the functionality of the Website and permitted by these General Terms;
  • You agree not to alter or modify any part of the Website or the Online Content and Courses;
  • You agree not to access the Website or Online Content and Courses through any technology other than the software provided by us or enabled via API’s or other generally available third-party web browsers such as Chrome, FireFox, Safari or Internet Explorer;
  • You agree not to (and will not attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or any features that (i) prevent or restrict use or copying of content or (ii) enforce any limitations on you, the use of the Website or access to the Online Content and Courses;
  • You agree not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  • You agree not to use or access the Website or Online Content and Courses for any commercial uses or for the benefit of any third party, including but not limited to:
    • the sale of access to the Online Content and Courses or any associated content;
    •    the solicitation of business in the course of trade or in connection with a commercial enterprise; and
    •    the solicitation of any Users or Learners of the Website with respect to their content for commercial purposes;
  • You agree to use the Website and access the Online Content and Courses in a way which does not infringe the rights of third parties or restrict or prevent anyone else’s use and enjoyment of the Website, Online Content and Courses;
  • You agree not to ask for, collect or harvest any personal data of any Visitor or Learner of the Website or Online Content and Courses;
  • You agree not to post, upload, email or otherwise transmit to or otherwise cause us to email, transmit or otherwise distribute chain letters, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes;
  • You will not attempt to download, copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on the Website (including without limitation the Online Content and Courses) for any other purpose other than as permitted by these General Terms without our prior written consent;
  • You agree not to use the Website or the Online Content and Courses in any manner intended to damage, disable, overburden or impair any Mission Performance Ltd server or the network(s) connected to any Mission Performance Ltd server, or infringe any requirements, procedures, policies or regulations of any servers or networks connected to the Website;
  • You agree not to use any high volume, automated, or electronic means to access the Website or the Online Content and Courses (including without limitation robots, spiders or scripts);
  • You agree not to frame the Website or the Online Content and Courses, place pop-up windows over its pages, or otherwise affect the display of its pages;
  • You agree not to access or attempt to access any other User or Learner’s account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited misrepresenting your affiliations with a person or entity, past or present;
  • You agree not to force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Website; and
  • You agree not to send, knowingly receive, submit, download, use or re-use any material which does not comply with these General Terms and the Policy.

You agree to comply with these General Terms in relation to any Learner Content (as defined in paragraph below) provided by you in connection with the Online Content and Courses and in connection with the ability to post messages (as further detailed in paragraphs below).

We grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases.

You acknowledge and agree that the form and nature of the Website and Online Content and Courses which we provide may change from time to time without prior notice to you.

Whilst we do all we can to ensure that the Online Content and Courses are of a high standard, you understand and acknowledge that, in using the Website and Online Content and Courses, you may be exposed to content from third parties that is factually inaccurate, offensive if taken out of context, indecent to certain people, or otherwise objectionable to you. We are not responsible (legally or otherwise) for any claims you may have against us in relation to this type of content.

You acknowledge and agree that we may stop (permanently or temporarily) providing the Website, Online Content and Courses (or any part of the Online Content and Courses) to you or to Learners generally for whatever reason, at our sole discretion, without prior notice to you.

You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the General Terms and for the consequences of that breach (including, but not limited to, any loss or damage which we or any third party may suffer).

Registration and Accounts

Any User can view the Website, but in order to participate fully in all activities on the Website and take part in the Online Content and Courses, you must register for a personal account on the Website (Account) by providing a name, an email address and a password. You agree that you will never divulge or share access or your access information to your Account with any third party for any reason.

In setting up your Account, you may be prompted or required to enter additional information, including company name, Profession or job title or other information that will help other Learners get to know you and help us to tailor the services to suit you.

You undertake to us that all information provided by you in relation to your Account is and will continue to be accurate, current and complete at all times and that you will maintain and update your information to keep it accurate, current and complete.

By registering with Mission Performance Mission-Hub for an Account, you agree (in addition to the Acceptable Use Conditions above that you:

  • are, and will continue to be, registered for the Website only once and will not set up multiple Accounts;
  • will not let anyone else use your Account;

If you are disqualified for any of the reason mentioned above, we may prohibit your access or participation in the Online Content and Courses.

Access to courses

Your employer or Mission Performance Ltd may invite you to (i) participate in a specific course, or (ii) join their organisation on Mission-Hub. By accepting the organisation’s invitation, you agree to abide by any terms and conditions, policies and procedures issued or made available to you through the invitation sent to you by the inviting organisation.

Your access to such Online Content and Courses may be provided to you through your Account. You acknowledge and agree that any Online Content and Courses may be subject to these General Terms.

We reserve the right to cancel, interrupt or reschedule any Online Content and Courses or modify, revise, or alter its content, as well as the associated values, assignments, tests, quizzes, exams, projects and other evaluations of progress without cause or notice to you.

We may make certain revision books and study aids available while you are participating in the Online Content and Courses. We will provide links to third party websites to enable you to access these contents.

Licence to use

Subject to your compliance with these General Terms, we grant you a fully revocable, worldwide, non-exclusive, non-transferable, non-sub-licensable limited right and licence:

  • to access, internally use and display the Website and Online Content and Courses as an individual only at your location solely as necessary to browse and/or participate in the Online Content and Courses as permitted by these General Terms; and
  • to download permitted content from the Online Content and Courses so that you may exercise the rights granted to you by these General Terms.

You must abide by all copyright notices or restrictions contained on the Website or the Online Content and Courses. You may not delete any attributions, legal or proprietary notices on the Website or the Online Content and Courses.

Your Content

Throughout your use of the Website and the Online Content and Courses, you may be able to provide content to the Website by uploading notes and replies, Learner discussions, profile pages, other content and media for social interaction, and written assignments, surveys, questions, hypothetical, examples, etc. (Learner Content).

We do not claim ownership of any Learner Content you may submit or make available for inclusion on the Website or Online Content and Courses. Accordingly, subject to the licence granted to us, the Learner will be the sole and exclusive owner of any and all rights, title and interest in and to the Learner Content.

To the extent that you provide any Learner Content, you represent and warrant that:

  • such Learner Content is accurate and complete to the best of your knowledge and belief;
  • as between you and us, you are responsible for the payment of any third-party fees related to the provision, publication and use of such Learner Content; and
  • such use and/or publication of your Learner Content does not and will not infringe or misappropriate any third-party rights or constitute a fraudulent statement or misrepresentation.

With respect to any submissions of Learner Content, you agree to comply with all applicable laws including but not limited to laws regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

The Website and/or the Online Content and Courses may provide you with the ability to post notes and replies, take part in group discussions, submit assignments or send similar messages and communications to third party service providers, other Learners and/or us.

You agree to use communication methods available on the Website and/or the Online Content and Courses only to send communications and materials related to the subject matter for which we provided the communication method, and you further agree that all such communications by you are subject to and governed by these General Terms and the Policy.

By using any of the communications methods available on the Website and/or the Online Content and Courses, you agree that:

  • all communications methods constitute public, and not private, means of communication between you and any other parties;
  • most content will be reactively moderated if flagged by Learners or Users, but we reserve the right to pre-review or post-review Learner Content to ensure that it complies with generally acceptable standards of communication.

Additionally, through such communication methods set out in paragraph above, we may make certain types of services available to you, such as in lesson chat services that allow you to communicate with our staff members.

You acknowledge and agree that the services set out above (including without limitation in lesson chat services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is included within these General Terms and is provided for educational purposes only.

Copyright Policy

It is our policy that any content included on the Website or within the Online Content and Courses that infringes, or is likely to infringe, the intellectual property rights of any third party will be removed from the Website as soon as possible after we are made aware of such infringement or potential infringement.

If you are the owner of intellectual property rights, or are authorised to act on behalf of an owner, or authorised to act under any exclusive right, you should report any alleged infringements of your intellectual property rights taking place on or through the Website by emailing us to lanej@missionperformance.com .

We will take whatever action, in our sole discretion, we deem appropriate, including the removal of the challenged content.

When you notify us in accordance with the Copyright Infringement Notice, your email must contain the following:

  • A statement telling us you believe that you have found content on the Website which you believe infringes your intellectual property rights;
  • which country your intellectual property rights apply to;
  • the title of the content concerned and the full URL for access to that content;
  • statement explaining how the content infringes your intellectual property rights;
  • your mailing address, telephone number and email address so that we can contact you;
  • a statement that the information contained in the notice is accurate and that you are the owner of the intellectual property rights or have an exclusive right in law to bring infringement proceedings in respect of its use; and
  • your signature (an electronic signature is sufficient).

We will, acting in our sole discretion, terminate Learner Accounts and access to the Website and Online Content and Courses if a Learner has been notified of infringing activity twice or more (regardless of whether the Learner has taken appropriate action as we may direct).

Privacy and Security

We respect your right to privacy.  Please see our Privacy and Cookie Policy for full details.

Links to Third Party Websites

The Website may contain links to pages on other websites (Linked Sites), and those Linked Sites may contain content or offer products and/or services for sale.

We do not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that:

  • we have no responsibility for the accuracy or availability of information provided by Linked Sites; and
  • we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising or other materials presented on such Linked Sites.

We may remove any links to Linked Sites from the Website at any time for any reason.

We will not be liable for any transactions conducted by you with third parties through any Linked Site or for any liability arising from any representations or information provided on such Linked Sites.

We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership between us and the operator of such Linked Site.

Intellectual Property Rights

We are the owner or the licensee of all necessary intellectual property rights in all aspects of the Website and Online Content and Courses including but not limited to the technology, source code, all content, software, scripts, images, graphics and audio (Works).

All our Online Content and Courses and Works are fully protected by copyright laws. All such rights are reserved. You agree that all the Online Content and Courses and Works, including updates and modifications, are of property of us. You also agree that you have no rights in or to the Online Content and Courses other than the right to use it in accordance with the terms of the licence above.

Other than any content submitted to the Website by you, we own or are licensed to use all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Website.

Warranties and Liability

Your Liability to Us

You indemnify and keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly) from:

  • you submitting Learner Content to the Website or participating in the Online Content and Courses;
  • your access to or use of the Website or Online Content and Courses;
  • your breach of any of these General Terms; and
  • any negligent act or omission, deliberate default or breach of statutory duty on your part.

Each indemnity in this paragraph is separate and independent from the other obligations in these General Terms. Each of these indemnities is to remain fully effective despite any indulgence granted from time to time and despite any judgement or order.

Our Liability to you

Nothing in these Terms affects any statutory rights that you are entitled to as a consumer.

The Website and the Online Content and Courses are provided to you “as is” and we make no warranty or representation to you with respect to them.

We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential or economic loss, or any other losses, howsoever caused arising out of or in connection with these General Terms. This includes:

  • Any loss of anticipated revenues.
  • Loss of profits.
  • Loss of business opportunities.
  • loss of goodwill.
  • Damage to reputation.

Warranties

We provide the Online Content and Courses on the Website in good faith but give no warranty or representation that the Online Content and Courses are accurate, complete or up-to-date or that they will meet your requirements, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of Online Content and Courses on the Website and your use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them.  We do not warrant that defects in the Website or Online Content and Courses will be corrected.

Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be timely, secure, uninterrupted or error-free and disclaim all liability in that respect to the greatest extent permitted by law.

We accept no responsibility for any loss or damage incurred by you as a result of:

  • any reliance placed by you on the completeness, accuracy or existence of any information or advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Website or in relation to the Online Content and Courses;
  • any changes which we may make to the Website or Online Content and Courses, or for any temporary interruptions in the provision of the Website or Online Content and Courses;
  • the deletion of, corruption of, or failure to store, any Online Content and Courses and other communications data maintained or transmitted by or through your use of the Website;
  • your failure to provide us with accurate account information; and
  • your failure to keep your account details secure and confidential.

We reserve the right to suspend your use of the Website and/or access to the Online Content and Courses at any time for operational, regulatory, legal or other reasons.

We may terminate your Account or access/use of the Website with immediate effect:

  • if we reasonably believe you or any Learner you are connected with are in breach of any of these General Terms;
  • in order to prevent any fraudulent, unlawful or abusive activity; or
  • if it is necessary to prevent or stop any harm or damage to us, other Learners of the Website or the general public.

Governing Law

These General Terms, your use and access to the Website, and all other Terms of Business and policies issued by us whether referred to by us herein or not are governed by and construed in all respects in accordance with the laws of England and Wales.

Any or all disputes arising between you and us (whether contractual or non-contractual) in connection with your access and use of the Website, including as to the validity of these General Terms or Policy issued by us, will be subject to the exclusive jurisdiction of the courts of England and Wales. For any dispute between you and us, you agree that you will first attempt to resolve it with us informally. In the unlikely event that we are unable to resolve the dispute in this manner within 28 days of the dispute being notified in writing, we both agree to submit to the exclusive jurisdiction of the courts of England and Wales to resolve any such dispute.

Changes to the Website and these General Terms

We may update or amend these General Terms (as well as our Policy or and other guidance we issue) from time to time to comply with law or to meet our changing business requirements. When we update our General Terms or Policy, we will take appropriate measures to inform you, consistent with the significance of the changes we make. Any updates or amendments will be posted on the Website.

We reserve the right to modify, suspend or discontinue all of the Online Content and Courses with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension or termination. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.

Other Important General Terms

If any of these General Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these General Terms remain in full force and effect.

Only you and we are entitled to enforce these General Terms. No third party is entitled to enforce any of these General Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 (which is expressly excluded) or otherwise.

We may freely transfer or assign any part of our rights or delegate our obligations under these General Terms. You are not entitled to transfer or assign, by operation of law or otherwise, any part of your rights or delegate your obligations under these General Terms without our prior written consent.

These General Terms, Terms, EULA and the Policy set out the entire agreement between you and us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right we may have under these General Terms does not constitute a waiver by us of that right.

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