Website Terms of Use 

These Website Terms of Use, together with any and all other documents referred to in them, set out the terms of use under which you may use this website, www.augere.group (“Our Site”), and affiliated domains (presently www.augere-solutions.com www.performbetterfaster.com www.performbetterfaster.co.uk www.elevateandperform.com www.elevateandperform.co.uk www.augere-elevate.com www.augere-elevate.co.uk www.elevate-augere.com www.elevate-augere.co.uk). Please read these Website Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Website Terms of Use is deemed to occur upon your first use of our Site. If you do not agree to comply with and be bound by these Website Terms of Use, you must stop using our Site immediately.

1. Definitions and Interpretation 

1.1 In these Website Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of our Site and:

“We/Us/Our” means AUGERE Limited, a company whose registered address is Riverside Innovation Centre, 1 Castle Drive, Chester, CH1 1SL.

2. Access to Our Site 

2.1 Access to our Site is free of charge. 

2.2 It is your responsibility to make any and all arrangements necessary in order to access our Site. 

2.3 Access to our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if our Site (or any part of it) is unavailable at any time or for any period. 

3. Intellectual Property Rights 

3.1 All Content included on our Site and the copyright and other intellectual property rights subsisting in that content, unless specifically labelled otherwise, belongs to or has been  licensed by us. All Content is protected by applicable United Kingdom and  international intellectual property laws and treaties. 

3.2 Subject to clauses 3.3, you may not reproduce, copy, distribute, sell, rent, sub-licence,  store, or in any other manner re-use Content  from our Site unless given express written permission to do so by us. 

3.3 You may: 

3.3.1 Access, view and use our Site in a web browser (including any web browsing capability built into other types of software or app); 

3.3.2 Download our Site (or any part of it) for caching; 

3.3.3 Print pages from our Site; 

3.3.4 Download extracts from pages on our Site; and 

3.3.5 Save pages from our Site for later and/or offline viewing. 

3.4 Our status as the owner and author of the Content on our Site (or that of identified licensors, as appropriate) must always be acknowledged. 

3.5 You may not use any Content saved or downloaded from our Site for commercial purposes without first obtaining a licence from us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of our Site for general information purposes whether by business users or consumers. 

4. Links to Our Site 

4.1 You may link to our Site provided that: 

4.1.1 You do so in a fair and legal manner; 

4.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on our part where none exists; 

4.1.3 You do not use any logos or trademarks displayed on our Site without our  express written permission; and 

4.1.4 You do not do so in a way that is calculated to damage our reputation or to take  unfair advantage of it. 

4.2 Framing or embedding of our Site on other websites is not permitted without our express  written permission. 

4.3 You may not link to our Site from any other site the main content of which contains  material that: 

4.3.1 Is obscene, deliberately offensive, hateful or otherwise inflammatory; 

 4.3.2  Promotes violence; 

 4.3.3   Promotes or assists in any form of unlawful activity 

4.3.4    Discriminates against, or is in any way defamatory of, any person, group or  class of persons, race, sex, religion, nationality, disability, sexual orientation, or age; 

 4.3.5    Is intended or is otherwise likely to threaten, harass, annoy, alarm,  inconvenience, upset, or embarrass another person; 

 4.3.6    Is calculated or is otherwise likely to deceive another person; 

4.3.7    Is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy; 

4.3.8    Misleadingly impersonates any person or otherwise misrepresents the identity  or affiliation of a particular person in a way that is calculated to deceive  (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this clause 4.3); 

4.3.9    Implies any form of affiliation with us where none exists; 

4.3.10 Infringes, or assists in the infringement of, the intellectual property rights  (including, but not limited to, copyright, trademarks and database rights) of any other party; or 

4.3.11 Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence. 

4.4 The content restrictions in clause 4.3 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of clause.

4.5 You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users. 

5. Links to Other Sites 

Links to other sites may be included on our Site. Unless expressly stated, these sites are not under our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on our Site is in most cases for information only and does not imply any endorsement of the sites themselves or of those in control of them. The only exception to this is in the E-Learning Suite, where fulfillment is handled by our partner VideoTile Learning where the courses provided are owned by VideoTile Learning Ltd and are distributed under license.

6.1 Nothing on our Site constitutes advice on which you should rely. It is provided for  general information purposes only. 

6.2 Insofar as is permitted by law, we make no representation, warranty, or guarantee that  our Site will meet your requirements, that it will not infringe the rights of third parties, that  it will be compatible with all software and hardware, or that it will be secure. 

6.3 We make reasonable efforts to ensure that the Content on our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties  or  guarantees (whether express or implied) that the Content is complete, accurate, or up- to date. 

7. Our Liability 

7.1 To the fullest extent permissible by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our Site or the use of or reliance upon any Content included on our Site. 

7.2 To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to our Site or any Content included on our Site. 

7.3 If you are a business user, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage. 

7.4 We exercise all reasonable skill and care to ensure that our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our Site (including the downloading of any Content from it) or any other site referred to on our Site. 

7.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of our Site resulting from external causes including, but not limited to, internet service provider equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship. 

7.6 Nothing in these Website Terms of Use excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. If you are a consumer visiting our Site, for full details of your legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office. 
 

8. Viruses, Malware and Security 

8.1 We exercise all reasonable skill and care to ensure that our Site is secure and free from viruses and other malware. 

8.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks. 

8.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our Site. 

8.4 You must not attempt to gain unauthorised access to any part of our Site, the server on which our Site is stored, or any other server, computer, or database connected to our Site. 

8.5 You must not attack our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means. 

8.6 By breaching the provisions of clauses 8.3 to 8.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use our Site will cease immediately in the event of such a breach. 
 

9. Acceptable Usage Policy 

9.1 You may only use our Site in a manner that is lawful. Specifically: 

9.1.1 You must ensure that you comply fully with any and all local, national or  
 international laws and/or regulations; 

 9.1.2 You must not use our Site in any way, or for any purpose, that is unlawful or   fraudulent; 

 9.1.3 You must not use our Site to knowingly send, upload, or in any other way  transmit data that contains any form of virus or other malware, or any other  code designed to adversely affect computer hardware, software, or data of any kind; and

  9.1.4 You must not use our Site in any way, or for any purpose, that is intended to  harm any person or persons in any way. 

9.2 We reserve the right to suspend or terminate your access to our Site if you materially breach the provisions of this clause 9 or any of the other provisions of these Website Terms of Use. Specifically, we may take one or more of the following actions: 

 9.2.1 Suspend, whether temporarily or permanently, your right to access our Site; 

 9.2.2 Issue you with a written warning; 

 9.2.3 Take legal proceedings against you for reimbursement of any and all relevant  costs on an indemnity basis resulting from your breach; 

 9.2.4 Take further legal action against you as appropriate; 

 9.2.5 Disclose such information to law enforcement authorities as required or as we  deem reasonably necessary; and/or 

 9.2.6 Any other actions which we deem reasonably appropriate (and lawful). 

9.3 We exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of these Website Terms of Use. 
 

10. Privacy and Cookies 

Use of our Site is also governed by our Privacy Policy, available from (Privacy Policy). Our Privacy Policy is incorporated into these Website Terms of Use by this reference. 
 

11. Changes to these Website Terms of Use 

11.1 We may alter these Website Terms of Use at any time. Any such changes will become binding on you upon your first use of our Site after the changes have been implemented. You are therefore advised to check this page from time to time. 

11.2 In the event of any conflict between the current version of these Website Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise. 
 

12. Contacting Us 

To contact us, please email us at info@performbetterfaster.com.

13. Communications from Us 

13.1 If we have your contact details, we may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Website Terms of Use. 

13.2 We will never send you marketing messages of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing messages sent by us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to 7 business days for us to comply with your request. During that time, you may continue to receive messages from us. Further information is set out in our Privacy Policy. 

13.3 For questions or complaints about communications from us (including, but not limited to marketing emails), please contact us using the details set out in clause 12. 

14. Law and Jurisdiction 

14.1 These Website Terms of Use, and the relationship between you and us (whether contractual or otherwise) shall be governed by,  
  and construed in accordance with the laws of England & Wales. 

14.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in clause  
 above takes away or reduces your rights as a consumer to rely on those provisions. 

14.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and us relating to these Website Terms of  
  Use, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of  
  England, Wales, Scotland, or Northern Ireland, as determined by your residency. 

14.4 If you are a business, any disputes concerning these Website Terms of Use, the relationship between you and us, or any matters  
  arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the  
  courts of England & Wales. 

IMPORTANT NOTE CONCERNING DATA PROCESSING IN CONNECTION WITH GOOGLE ANALYTICS 

This website uses Google Analytics, a web analytics service provided by Google Ireland Limited. If the responsible body for the data processing that occurs via this website has their basis outside of the European Economic area and Switzerland, then the associated Google Analytics data processing is carried out by Google LLC. Google Ireland Limited and Google LLC. will hereinafter be referred to as “Google”. 
 
Google Analytics uses “cookies”, which are text files saved on the site visitor’s computer, to help the website analyze their use of the site. The information generated by the cookie (including the truncated IP address) about the use of the website will normally be transmitted to and stored by Google. 
 
Google Analytics is used exclusively with the extension “_anonymizeIp ()” on this website. This extension ensures an anonymization of the IP address by truncation and excludes a direct personal reference. Via this extension Google truncates the site visitor’s IP address within member states of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional situations will the site visitor’s full IP address be transmitted to Google servers in the United States and truncated there. The IP address, that is provided by the site visitor’s browser in using Google Analytics will not be merged by Google with other data from Google. 
 
On behalf of the site operator, Google will use the information collected to evaluate the use of the website, to compile reports on website activity and to provide other website and internet related services to the site operator (Art. 6 (1)( f) GDPR). The legitimate interest in data processing lies in the optimization of this website, the analysis of the use of the website and the adaptation of the content. The interests of the users are adequately protected by the pseudonymization of their data. 
 
Google LLC. has certified their compliance with the EU-U.S. Privacy Shield Framework and on that basis they provides a guarantee to comply with European data protection law. The data sent and linked to the Google Analytics cookies, e.g. user IDs or advertising IDs will be automatically deleted after 50 months. The deletion of data whose retention period has been reached is done automatically once a month. 
 
The website visitor may refuse the use of cookies by selecting the appropriate settings in their browser. The website visitor can also prevent Google from collecting information (including their IP address) via cookies and processing this information by downloading this browser plugin and installing it: http://tools.google.com/dlpage/gaoptout 
 
The website visitor can prevent data collection via Google Analytics on this website by clicking here. An “Opt-out Cookie” shall then be applied which shall prevent any future collection of the site visitors data when visiting this website. 
 
Further information concerning data processing and use by Google, the settings and deactivation possibilities can be found in the Google Privacy Policy (https://policies.google.com/privacy) as well as in the Google Ads Settings (https://adssettings.google.com/authenticated). 

RECAPTCHA 

We may choose to use the reCAPTCHA service provided by Google LLC (Google) to protect your submissions via internet submission forms on this site. This plugin checks if you are a person in order to prevent certain website functions from being (ab)used by spam bots (particularly comments). This plugin query includes the sending of the IP address and possibly other data required by Google for the Google reCAPTCHA service. For this purpose, your input will be communicated to and used by Google. However, your IP address is previously truncated by Google within member states of the European Union or in other states which are party to the agreement on the European Economic Area and is, as such, anonymized. Only in exceptional cases is a full IP address transmitted to a Google server in the United States and truncated there. On behalf of the operator of this website, Google will use this information to evaluate your use of this service. The IP address provided by reCaptcha from your browser shall not be merged with any other data from Google.
This data collection is subject to the data protection regulations of Google (Google Inc.). For more information about Google’s privacy policy, please visit: https://policies.google.com/privacy?hl=en
By using the reCAPTCHA service, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

By using the reCAPTCHA service, you consent to the processing of data about you by Google in the manner and for the purposes set out above.