Terms and Conditions
Welcome to BreathSpace!
These terms and conditions outline the rules and regulations for the use of BreathSpace's Website, located at https://breathspace.uk.
By accessing this website, we assume you accept these terms and conditions. Do not continue to use BreathSpace if you do not agree to take all of the terms and conditions stated on this page.
Cookies:
The website uses cookies to help personalize your online experience. By accessing BreathSpace, you agreed to use the required cookies.
A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.
License:
Unless otherwise stated, BreathSpace and/or its licensors own the intellectual property rights for all material on BreathSpace. All intellectual property rights are reserved. You may access this from BreathSpace for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Copy or republish material from BreathSpace
Sell, rent, or sub-license material from BreathSpace
Reproduce, duplicate or copy material from BreathSpace
Redistribute content from BreathSpace
This Agreement shall begin on the date hereof.
Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. BreathSpace does not filter, edit, publish or review comments before their presence on the website. Comments do not reflect the views and opinions of BreathSpace, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, BreathSpace shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
BreathSpace reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant BreathSpace a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.
Hyperlinking to our Content:
The following organisations may link to our Website without prior written approval:
Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organisations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.
We may consider and approve other link requests from the following types of organisations:
Commonly-known consumer and/or business information sources;
Dot.com community sites;
Associations or other groups representing charities;
Online directory distributors;
Internet portals;
Accounting, law, and consulting firms; and
Educational institutions and trade associations.
We will approve link requests from these organisations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organisation does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of BreathSpace; and (d) the link is in the context of general resource information.
These organisations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
If you are one of the organisations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an email to BreathSpace. Please include your name, your organisation name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organisations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.
No use of BreathSpace's logo or other artwork will be allowed for linking absent a trademark license agreement.
Content Liability:
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights:
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website:
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer:
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
Limit or exclude our or your liability for death or personal injury;
Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
Limit any of our or your liabilities in any way that is not permitted under applicable law; or
Exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Please note that some provisions may only apply to certain categories of users. In particular, certain provisions may only apply to consumers or to those users that do not qualify as consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all users.
Contact Details
You must immediately inform us using the contact details in this document if you believe your personal information, account, or login details have been violated, disclosed, or stolen.
Rights regarding content on our website - All rights reserved
We hold and reserve all intellectual property rights for all content.
You may not use such content in any way that is not necessary or implied for the proper use of the service.
Specifically, but without limitation, you may not copy, download, share (beyond the limits mentioned below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer, assign to third parties, or create derivative works from the content on our website. You also cannot allow any third party to do so through your account or device, even unknowingly.
Where explicitly stated, you may download, copy, and share some content from our website for personal and non-commercial use, provided you correctly implement copyright and other required attributions.
Any statutory limitations or exceptions to copyright remain unaffected.
Access to external resources
Through our website, you may access external resources provided by third parties. You acknowledge and accept that we have no control over these resources and are not responsible for their content or availability.
Conditions for third-party resources, including any rights granted in their content, are governed by those third parties' terms and conditions or by applicable law.
Acceptable use
Our website and service may only be used within the scope of what is provided for, under these terms and applicable law.
You are solely responsible for ensuring your use of our website and service does not violate any laws, regulations, or third-party rights.
We reserve the right to protect our interests by denying you access to our website or service, terminating contracts, and reporting any misconduct to the appropriate authorities if you are involved in or suspected of the following:
• violating laws, regulations, or these terms;
• infringing on third-party rights;
• significantly impairing our legitimate interests;
• offending us or any third party.
TERMS AND CONDITIONS OF SALE
Some of our products require payment. Details about fees, duration, and conditions are described below and in the dedicated sections of our website.
Prices, descriptions and availability of services are detailed in the relevant sections of our website and may change without notice.
Although we strive for accuracy in presenting services on our website, representations (including graphics, images, colours, and sounds) are for reference only and do not guarantee the characteristics of the purchased service.
The specific characteristics of the chosen service are outlined during the purchasing process.
Order Submission
When you place an order, the following apply:
• submitting an order determines the contract conclusion and obligates you to pay the specified price, taxes, and any additional fees and expenses outlined on the order page;
• if the purchased service requires action from you, such as providing personal information or specific requests, submitting the order means you agree to cooperate accordingly;
• after submitting the order, you will receive a receipt confirming that the order has been received.
All communications regarding the purchasing process will be sent to the email address you provided.
Prices
Before order submission, you will see all charges, including any fees, taxes, and costs (including, where applicable, delivery costs). On our website, prices are displayed including all applicable fees, taxes, and costs.
Methods of payment
Details about accepted payment methods are provided during the purchasing process. Certain payment methods might have additional conditions or fees. In these cases, we will clearly inform you of what these additional fees consist of and why.
Until payment of the total purchase price is received by us, any service ordered will not be delivered.
Failed delivery
We are not liable for delivery errors due to incorrect or incomplete information provided by you during the purchasing process nor for any damage or delays after delivery to a carrier organised by you and not offered or recommended by us.
Unless otherwise agreed, each service booking attempt after the second one will be at your expense.
USER RIGHTS
Right of Withdrawal
Unless exceptions apply, if you qualify as a European consumer, you have the right to withdraw from a contract within a specified period (usually 14 days), without giving any reason. If you don’t fit this qualification, you cannot benefit from the rights described in this section.
Exercising your right of withdrawal
To withdraw from a contract, you must inform us clearly of your decision. This can be done by any clear statement sent 24 hours before the booked date and time of the appointment. Make sure to do this before the withdrawal period ends.
Withdrawal Period
• for services, the withdrawal period ends 24 hours prior you or a designated third party is due to receive the service.
Effects of withdrawal
If you correctly withdraw from a contract, we will reimburse you for all payments made to us, including any delivery costs, if applicable.
We will process your reimbursement promptly and no later than 14 days after we receive your withdrawal notification. Reimbursements will be made using the same payment method you used for the initial transaction unless agreed otherwise. You will not incur any costs or fees for this reimbursement.
GUARANTEES
Legal guarantee of conformity for goods under EU law
We guarantee the conformity of goods sold to European consumers for at least 2 years from delivery. This guarantee applies to goods on our website according to the laws of your country.
The laws of your country may grant you broader rights regarding legal guarantees of conformity.
Conformity to contract for consumers in the United Kingdom
UK consumers have the right to receive goods that conform to the contract.
LIABILITY AND INDEMNIFICATION
We limit our liability as much as legally allowed when executing agreements with you. This means our responsibility for damages is reduced to the maximum extent permitted by law unless explicitly stated otherwise or agreed upon with you.
Indemnification
You agree to indemnify us and our affiliates, officers, directors, and employees from any claims or demands made by third parties due to or in connection with any culpable violation of these terms or third-party rights related to your use of the service to the extent allowed by law.
Limitation of liability
Unless explicitly stated otherwise and subject to applicable law, you cannot claim damages against us (or any individual or entity acting on our behalf).
However, this exclusion does not apply to damages affecting life, health, or physical integrity, damages arising from the breach of significant contractual obligations (such as those necessary to fulfill the contract's purpose), and/or damages resulting from intentional or gross negligence, provided that our website has been used appropriately and correctly by you.
Unless damages stem from intentional or gross negligence, or they impact life, health, or physical integrity, our liability is limited to typical and foreseeable damages at the time the contract was entered into.
US users
Disclaimer of warranties
Our website is provided on an “as is” and “as available” basis. When you use our service, you are doing so at your own risk. We explicitly state that we are not making any promises or guarantees, whether they are express, implied, or even required by law. These include assurances about the quality of the service, its suitability for your specific needs, or whether it infringes on anyone else's rights. Please keep in mind that any advice or information you receive from us or through our service does not create any warranties beyond what we have explicitly stated here.
Additionally, while we strive to provide accurate and reliable content, we cannot guarantee that it is always going to be the case. We do not guarantee that the service will always meet your requirements or be available when you need it. There might be interruptions, or it might not function correctly due to factors beyond our control. While we do our best to keep everything running smoothly, we cannot ensure that the service will be free of harmful elements like viruses. If you choose to download any content from our service, you are assuming the risk, and we are not responsible for any damage it might cause to your devices or data.
We do not endorse or guarantee any products or services advertised through our service or any links we provide. We are not involved in any transactions between you and third-party providers, so any interactions or agreements you make with them are solely your responsibility.
Our service might not always be accessible or may not work correctly with your web browser, mobile device, or operating system. While we strive to provide a seamless experience, we cannot guarantee it in every situation. As such, we want to clarify that we cannot be held responsible for any perceived or actual damages that result from issues related to the content, operation, or use of our service.
While we may have certain exclusions and limitations in our agreement, these may not apply to you depending on the laws of your jurisdiction. Federal law, as well as laws in some states and other jurisdictions, may offer protections that supersede our disclaimers and exclusions. This means that you may have specific legal rights that are not affected by our agreement. It is essential to understand your rights, as they may vary from state to state or country to country. We want to emphasize that any disclaimers or exclusions in our agreement will only be enforced to the extent permitted by applicable law.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall we, along with our subsidiaries, affiliates, officers, directors, agents, partners, suppliers, or employees, be liable for:
• any indirect, punitive, incidental, special, consequential, or exemplary damages arising from or related to your use of, or inability to use, the service. This includes damages for loss of profits, goodwill, use, data, or other intangible losses;
• any damage, loss, or injury resulting from hacking, tampering, or unauthorized access to your account or the information within it;
• errors, mistakes, or inaccuracies in the content provided;
• personal injury or property damage resulting from your use of the service;
• unauthorized access to our secure servers or personal information stored therein;
• interruption or cessation of transmission to or from the service;
• bugs, viruses, trojan horses, or similar harmful elements transmitted through the service;
• errors or omissions in any content posted, transmitted, or made available through the service;
• defamatory, offensive, or illegal conduct of any user or third party. Our liability is limited to the amount you have paid us in the preceding 12 months, or the duration of your agreement with us, whichever is shorter.
This limitation of liability section will apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if you have been advised of the possibility of such damage.
Please note that in some jurisdictions, the exclusion or limitation of incidental or consequential damages may not be allowed. This means that these limitations or exclusions might not apply to you. You have specific legal rights, which may vary depending on your jurisdiction. The disclaimers, exclusions, and limitations of liability outlined here may not apply to the extent prohibited by applicable law.
Indemnification
By using and accessing the service, you agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from any claims, damages, losses, liabilities, costs, or expenses, including legal fees, arising from:
• your use of the service, including any data or content you transmit or receive;
• your violation of these terms, including any breach of representations and warranties;
• your violation of third-party rights, such as privacy or intellectual property rights;
• your violation of statutory laws, rules, or regulations;
• any content submitted from your account, including third-party access using username, password, or other security measures, including misleading, false, or inaccurate information;
• your intentional misconduct; or
• any statutory provision by you or your affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent permitted by law.
COMMON PROVISIONS
No waiver
Our failure to assert any right or provision under these terms does not waive that right or provision. No waiver will constitute a continuing waiver of such term or any other term.
Service interruption
To maintain the best service level, we reserve the right to interrupt the service for maintenance, updates, or other changes, with appropriate notification.
We may suspend or discontinue the service within legal limits. If discontinued, we will assist you in withdrawing personal data and respect your rights regarding continued product use and compensation under applicable law.
The service may be unavailable due to events beyond our reasonable control, such as infrastructure breakdowns or blackouts.
Service reselling
You may not reproduce, duplicate, copy, sell, or exploit any part of our website or its service without our express written permission, granted either directly or through a legitimate reselling programme.
Privacy policy
For information on the use of personal data, you can refer to our website's privacy policy.
Intellectual property rights
Without prejudice to any more specific provisions in these terms, all intellectual property rights associated with our website, including copyrights, trademark rights, patent rights, and design rights, are exclusively owned by us or our licensors. These rights are protected by applicable laws and international treaties concerning intellectual property.
All trademarks, whether nominal or figurative, and any other marks, trade names, service marks, word marks, illustrations, images, or logos associated with our website, are and remain the exclusive property of us or our licensors. These are also protected by applicable laws and international treaties related to intellectual property.
Changes to the terms
We reserve the right to modify these terms at any time, informing you of any changes.
Such changes will only affect the relationship with you from the date communicated onwards.
Your continued use of the service will signify your acceptance of the revised terms. If you do not wish to be bound by the changes, you must stop using the service and terminate the agreement.
The applicable previous version will govern the relationship prior to your acceptance. You can obtain any previous version from us.
If legally required, we will notify you in advance of when the modified terms will take effect.
Assignment of contract
We reserve the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these terms, considering your legitimate interests. Provisions about changes to these terms will apply accordingly.
You cannot assign or transfer your rights or obligations under these terms without our written permission.
Contact
All communications regarding the use of our website must be sent using the contact information provided in this document.
Severability
Invalidity or unenforceability of any provision under applicable law will not affect the validity of other provisions, which will remain in full force and effect.
US users
Any invalid or unenforceable provision will be interpreted to the extent reasonably required to render it valid, enforceable, and consistent with its original intent. This document constitutes the entire agreement between you and us and supersede all other communications, including but not limited to prior agreements concerning such subject matter, to the fullest extent permitted by law.
EU users
If any provision of this document is void, invalid, or unenforceable, we both agree to do our best to find, in an amicable way, an agreement on valid and enforceable provisions.
In case of failure to do so, the void, invalid, or unenforceable provisions will be replaced by the applicable statutory provisions.
Regardless of the above, the nullity, invalidity, or impossibility of enforcing a particular provision of this document will not nullify the entire agreement, unless the severed provisions are essential for it, or of such importance that we both would not have entered into the contract if we had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship for you or us.
Governing law
These terms are governed by the law of the place where we are based, as outlined in the relevant section of this document, without regard to conflict of laws principles.
Prevalence of national law
However, regardless of the above, if the law of the country that you are based on provides for higher applicable consumer protection standards, such higher standards will prevail.
Venue of jurisdiction
The jurisdiction over any controversy related to these terms lies with the courts of the place where we are based, as outlined in the relevant section of this document.
Exception for consumers in Europe
However, regardless of the above, this does not apply if you qualify as a European consumer or if you are a consumer based in the United Kingdom, Switzerland, Norway, or Iceland.
UK consumers
If you are a consumer based in England and Wales, you may bring legal proceedings related to these terms in the English and Welsh courts. If you are a consumer based in Scotland, you may bring legal proceedings in either the Scottish or the English courts. If you are a consumer based in Northern Ireland, you may bring legal proceedings in either the Northern Irish or the English courts.
US users
We both agree to waive any right to trial by jury in any court in connection with any action or litigation.
Any claims under these terms shall proceed individually and we both agree not to join in a class action or other proceeding with or on behalf of others.
US users
Surviving provisions
Our agreement will continue in effect until it is terminated by either our website or you. Upon termination, the provisions contained in this document that by their context are intended to survive termination or expiration will survive, including but not limited to the following:
• your grant of licenses under this document will survive indefinitely;
• your indemnification obligations will survive for a period of five years from the date of termination;
• the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, will survive indefinitely.
INFORMATION ABOUT THIS DOCUMENT
This document was generated with the use of the terms of service generator.
DISPUTE RESOLUTION
Online dispute resolution for consumers
The European Commission has set up an online platform for alternative dispute resolution, providing an out-of-court solution for resolving disputes arising from online sale and service contracts.
Therefore, European consumers or consumers based in Norway, Iceland, or Liechtenstein can use this platform to settle disputes arising from online contracts.
