This Single User License Agreement is between Balance Global (“us”, “we” or “our”) and the individual or company whom Balance Global has agreed to supply the eLearning course.
(1) Acceptance & Term
By clicking “I agree” button or by accessing or using any of the eLearning course(s) which you have selected from this site, you are agreeing to the terms of this agreement.
The term of this Agreement shall commence on the “Effective Date” and shall continue for a term of one (1) year (unless specified otherwise on our website i.e. course duration). Once the term ends, the access to the course will automatically terminate as to the licensed course(s). As a result you will not be able to replay the licensed course(s) at a later time unless you pay a new license fee and once again agree to accept the terms of this Agreement. The “Effective Date” for the purposes of this Agreement is the date when you have entered into sale contract with us.
Course Extensions can be granted upon request so please contact firstname.lastname@example.org to obtain an extension quotation.
(2) License Restrictions
2.1. Subject to any supplemental terms which may apply for specific courses or circumstances as the case may be, you are granted a non-exclusive, non-transferable, limited license to access and use the course(s) from time to time as made available to you for the purposes mentioned in this Agreement:
- Research or study;
- Providing courses to your clients or students as the case may be.
2.2. Except as specifically provided in this Agreement, you are otherwise prohibited from any unauthorised downloading, storing, reproducing, transmitting, displaying, printing, copying, distributing or using courses.
2.3. All right, title, and interest (including all copyrights and other intellectual property rights) in the courses, its content / materials belongs to us or our suppliers. In no circumstances you acquire ownership of copyright or other intellectual property rights in the courses, its content / materials thereof.
2.4. You must not remove or obscure the copyright notices or any intellectual property rights statements contained in the courses thereof.
2.5. None of the courses or underlying information or technology may be displayed, downloaded or otherwise exported or re-exported.
2.6. Other provisions that govern your use of our courses are set forth in your applicable terms and conditions of sale (as the case may be).
2.7. Only authorised users (as authorised by us) shall be entitled to access and use the courses. You will use your unique login credentials to login into your account and access the course that you bought.
2.8 Fair Usage Policy applies to access to study materials and e-learning services. Balance Global reserves the right to restrict access based on operational requirements including bandwidth consumption to ensure fair access to all learners.
2.9 System Security
Registered website users are responsible for their user ID and password at all times and must take care to keep them confidential. You will be responsible for all activities that occur under your user name and password. You must not allow anyone else to use your user name and password. You must inform us immediately of any unauthorised use of your user name or password or if you believe that your user name or password has been compromised. We reserve the right to require you to change your user name and password if we believe that they are no longer secure.
- We will never email you or ask you on the phone for your password. Therefore, if anyone asks you for your password you please tell us.
- We will provide you with access to your course once you have enrolled and completed payment. You will need to log on using your user name / email address and password to use the course.
- We continually improve and upgrade our courses and security. There may be occasions where users will be unable to access their course(s) because of this. Please be assured that this time will be kept to a minimum and wherever possible we will give you advance notice via email.
2.10 Message Boards, Chat Boards, Blogs, Virtual Communities, Forums and Other Interactive Media (“Interactive Services”)
In connection with your use of the website, you may have access to and use of discussion groups, chat rooms, message boards, blogs, virtual communities, wikis, forums and other collaborative website capabilities, and functionality (“Interactive Services”). If you participate in or use any Interactive Services, you are responsible for User Content you upload, post, link to or otherwise transmit (collectively “transmit”) and the consequences thereof. You expressly agree that we have no responsibility for or control over the User Content you may transmit using these Interactive Services. Additionally, we do not represent, warrant or guarantee the truthfulness, accuracy, quality, or reliability of any of the User Content posted, displayed, linked to or otherwise transmitted via any Interactive Services. We also do not endorse any opinions expressed in or through any Interactive Services. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.
We do actively monitor, regulate use of many of our Services and reserve the unconditional right (but not the obligation) to remove, move or edit any User Content we consider in our sole discretion to be harmful, offensive, disruptive, in violation of law, regulation or any agreement, including, without limitation, which is or may be in violation of this Agreement. We have no liability or responsibility to you or any other person or entity for performance or non-performance of such monitoring activities.
Additionally, you agree to:
- not post, email, upload, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- not impersonate any person or entity;
- not post, email, upload, transmit or otherwise make available any content that harms minors in any way;
- not forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;
- not post, email, upload, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- not post, email, upload, transmit or otherwise make available any content that infringes the intellectual property rights of any party;
- not post, email, upload, transmit or otherwise make available any content comprising any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation;
- not post, email, upload, transmit or otherwise make available any content comprising any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- not disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;
- not interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- not intentionally or unintentionally violate any applicable local, state, national or international law;
- not provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- not “stalk” or otherwise harass any person;
- not collect or store personal data about other users; or,
- not advertise or solicit anyone to buy or sell products or to make donations of any kind absent prior written approval from projectmanagement.com, as set forth in more detail in Section 6 below.
You hereby grant to Balance Global any User of this Site permission to use any User Content you submit via the Interactive Services by all means and in any media now known or hereafter developed, solely for the purposes for which such User Content was submitted. Balance Global will not use this User Content for any purpose other than the purpose(s) for which it was submitted unless you agree to such use. You retain ownership of User Content you submit and Balance Global does not obtain ownership in or to such User Content (or in the case of third-party owned User Content submitted by you with the owner’s permission, the third party retains ownership).
2.11 You may not use the Balance Global Software for any illegal purpose. We may cease providing any Balance Global Software and terminate your right to use any Balance Global Software at any time. Your rights to use the Balance Global Software will automatically terminate without notice from us if you fail to comply with any of these Terms, the Conditions.
2.12 Software incorporated in any Balance Global Service is the property of Balance Global or its software suppliers and protected by EU and international copyright laws.
2.14 No Reverse Engineering. Unless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist or authorise any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, Balance Global Software, whether in whole or in part, or create any derivative works from or of the Balance Global Software.
2.15. You may not:
- Sub-license, assign, transfer, distribute or rent the courses;
- Use, copy or modify the courses, in whole or in part, except as expressly permitted by us or as mentioned in this Agreement;
- Take any action designed to unlock or bypass any restrictions on number of users or access to the courses;
- Access any of the courses after the end of license term.
(3) Charges and Payments
You agree to pay all charges for your use of the courses in the currency in which the charges are billed. Charges may be exclusive of value added, sales or other taxes, which you agree to pay as the case may be.
Payments must be made by debit/credit card, bacs or by cheque for access and rights to use the course of your selection.
If payment is not received by us from the card issuer or its agents, you agree to pay all amounts due upon demand by us. Your card issuer’s agreement governs the use of your use designated card, and you must refer to that agreement and not this Agreement with respect to your rights and liabilities as card holder.
If you decide to enter into part-payment agreement with us, you will adhere to the terms of that agreement. Failure to adhere to the terms of the part-payment agreement, may result in suspension/termination of your access to the course and legal proceedings may be issued against you, to recover any monies due and cover any expenses due to non-compliance.
(4) Refund Policy
We do not allow purchasers /users of any eLearning courses refunds unless :-
- The refund request is made within the first 14 days of purchase.
- The course has not been accessed within the first 14 days of purchase.
All approved refund requests will incur a cancellation charge of £150.
If you decide to enter into part-payment agreement with us, you will adhere to the terms of that agreement. Failure to adhere to the terms of the part-payment agreement, may result in suspension/termination of your access to the course and no accruing part payments up to the date of payment default will be refunded.
(5) Limitation of Liability
To the maximum extent permitted by applicable law, in no event we or our suppliers be liable to you for any:
- Loss of profits, income, revenue, use or production or anticipated savings;
- Loss of business, contracts or commercial opportunities;
- Special, indirect or consequential loss or damage;
- Losses arising out of force majeure event.
These limitations form the essential part of this agreement.
(6) Disclaimer of Warranty and Remedy
Except as specifically stated in this Agreement, all courses are provided “as is” basis and we give no warranties or conditions (express or implied) under this Agreement, including without limitation that courses will be complete and free from errors. The entire risk as to satisfactory quality, performance and accuracy is with you, the authorised user.
We and our suppliers disclaim all implied warranties or conditions of merchantability, merchantable quality or fitness for any purpose, particular, specific or otherwise non-infringement of third party intellectual property rights.
Some jurisdictions may not allow the exclusion of implied warranties and hence the above exclusion may not apply to you. This warranty gives you specific rights, and you may also have other rights which vary from jurisdiction to jurisdiction.
Upon violation of any terms of this Agreement, your right to access the courses and its materials thereof shall terminate with immediate effect. In normal circumstances (otherwise), this Agreement will terminate as mentioned above in clause 1.
a. No breach of any provision of this Agreement will be waived except with the express written consent of the party not in breach.
b. If a Clause of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of this Agreement will continue in effect. If any unlawful and/or unenforceable Clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the Clause will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant Clause will be deemed to be deleted).
c. The failure of us or of our suppliers to enforce such provisions hereof shall not constitute or be construed as a waiver of such provision or of their rights to enforce it at a later time.
d. This Agreement will be governed by and construed in accordance with the laws of England and Wales; and the courts of England will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.