Overview
These terms and conditions govern your use of the Performance Capability website at performancecapability.com and any services, programmes, or products offered through it. By using this website, you accept these terms in full. If you do not accept these terms, do not use this website.
Performance Capability is operated by Ben Benson. References to "we," "us," and "our" refer to Performance Capability and Ben Benson.
Use of the Website
You may use this website for lawful purposes only. You must not:
- Use the site in any way that violates applicable local, national, or international law or regulation
- Reproduce, duplicate, copy, or resell any part of this website in contravention of these terms
- Transmit any unsolicited or unauthorised advertising or promotional material
- Attempt to gain unauthorised access to any part of the website or its related systems
Intellectual Property
All content on this website — including but not limited to text, frameworks, methodologies, book content, email sequences, diagnostic tools, images, and design — is the intellectual property of Ben Benson and Performance Capability. All rights are reserved.
The Performance Capability framework, the Trisphereon, the Seven Stars methodology, the CRR model, and all associated terminology are the proprietary intellectual property of Ben Benson. Reproduction, distribution, or commercial use of any of this content without express written permission is prohibited.
The 150-day email sequence delivered through this website is proprietary content. Reproduction, redistribution, or resale of any part of the sequence is not permitted.
Diagnostic Tool
The performance diagnostic available on this website is provided for informational and educational purposes. It is designed to provide a general indication of performance patterns and is not a clinical, psychological, or medical assessment. Results are indicative and should not be treated as definitive professional advice.
By completing the diagnostic and providing your email address, you consent to receiving the associated email sequence. You may unsubscribe at any time.
Programmes and Services
The TR1, TR2, and TR3 programmes referenced on this website are available by application only. Mention of these programmes on this website does not constitute an offer of services. All engagements are subject to a separate agreement between Performance Capability and the client.
Pricing, scope, and terms for any coaching or consulting engagement are agreed individually and confirmed in writing before any engagement begins.
Books and Products
Books and apparel are sold through our Shopify store at performancecapability.shop. Purchases are subject to the terms and conditions of that store, including returns and refund policies. Performance Capability accepts no responsibility for transactions processed through the Shopify platform.
Disclaimer of Warranties
This website is provided on an "as is" basis without any warranties, express or implied. We do not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components. We reserve the right to modify, suspend, or discontinue any part of the website at any time without notice.
The content on this website is for general information and educational purposes. It does not constitute professional advice — legal, financial, psychological, or otherwise. You should not rely on this content as a substitute for professional advice specific to your circumstances.
Limitation of Liability
To the fullest extent permitted by law, Performance Capability and Ben Benson shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from your use of this website or reliance on its content. This includes, but is not limited to, loss of income, loss of business, or loss of data.
Third Party Links
This website contains links to third-party websites including the PC store, YouTube, LinkedIn, and benson-speaks.com. These links are provided for convenience. We have no control over the content of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Privacy
Your use of this website is also governed by our Privacy Policy, which is incorporated into these terms by reference.
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of England and Wales. Any disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Changes to These Terms
We reserve the right to update these terms at any time. The date at the top of this page indicates when they were last updated. Continued use of the website after any changes constitutes acceptance of the updated terms.
Contact
For any questions about these terms, contact us at hello@performancecapability.com or through the contact page.