Terms & Conditions – Balance Global

Terms & Conditions

Welcome to Balance-global.co.uk

(1) Definitions

Please see Definitions

(2) Acceptance of this Agreement

By accessing or using this website in any manner, including, but limited to, visiting or browsing the website or contributing content or other materials to the website, you agree to be bound by these terms and conditions.

The website and its original content, features and functionality are owned by Balance Global and are protected by international copyright,  trademark, patent, trade secret and other intellectual  property or proprietary rights laws. Please visit our Intellectual Property rights statement that forms part of this agreement.

By clicking the Check box button next to the “I’ve read & accept the Terms & Conditions” link at the bottom of our Checkout Page and then click the “Place Order Button” constitutes acceptance of this agreement. By completing and submitting an electronic order form (or proceeding through the ‘checkout process’) and /or by speaking to an Balance Global representative you are making an offer to purchase goods which, if accepted by us, will result in a binding contract.

We reserve the right, at our sole discretion, to modify or replace these terms and conditions by posting the updated terms on the site. Your continued use of the site after any such changes constitutes your acceptance of the new terms and conditions.

Please review this agreement periodically for changes. If you do not agree to any of this agreement or any changes to this agreement, do not use, access or continue to access the site or discontinue any use of the site immediately.

(3) Third-Party Links

This site may have links to third-party sites that are not owned or controlled by Balance Global. We have no control over these sites, and we assume no responsibility for, the content, privacy policies, or practices of any third party sites or services. We advise you to read the terms and conditions and privacy policy of any third party site that you visit.

(4) E-learning Single User License Agreement

If you have purchased an eLearning course please see Single User License Agreement which forms part of this agreement.

(5) Virtual Classroom

If you have purchased a course please see Virtual Classroom Terms & Conditions which form part of this agreement

(6) Proctor Examinations

Proctored Examinations always involve the purchase of either the examination in its own right or as part of a course and exam package. Either way when purchased this site will issue the purchaser an exam booking voucher sent via email in accordance with the following terms and conditions.

(7) Classroom Training Agreement

If you have purchased a course please see Classroom Training Agreement which forms part of this agreement.

(8) Part Payments

All part payment plans are based on monthly payments to be collected on the 28th of each month. Until the final payment is completed and received by Balance the payments are regarded as a non-returnable deposit and no examination vouchers can or will be issued. Failure to make a payment will cause your payment plan to be suspended and will only be reopened following the payment of a £120 activation charge. Balance will make one phone call and send one email reminder before this charge is applied.

(9) Mail order Delivery Policy

Please see our Balance Delivery Policy

(10) Reviews, Comments, Communications & Other Content

Visitors may post reviews, comments and other content; and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right to remove or edit such content. If you believe that any content on or advertised for sale on any Balance Global Service contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on any Balance Global Service, please notify us by emailing orders@balance-global.com and we will respond.

If you post content or submit material, and unless we indicate otherwise, you grant: (a) Balance Global a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) Balance Global, its sublicenses and transferees the right to use the name that you submit in connection with such content, if they choose. No moral rights are assigned under this provision.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Balance Global including the execution of deeds and documents, at our request.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Balance Global for all claims brought by a third party against Balance Global arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content (Notice Form) arising out of or on the grounds of, or originating from the content that you have communicated to us.

(11) Compliance with the can-spam act

The User agrees to abide by the CAN-SPAM Act (15 U.S.C. §§7701-13) when utilizing the Site and contacting other users by email. The User may not use the Site, including, but not limited to the Interactive Services, to bombard individuals or groups with uninvited commercial email, sexually explicit commercial email, or engage in other activities in violation of the CAN-SPAM Act, such as, but not limited to: (a) harvesting email addresses from the Site; (b) falsifying or using misleading header information; or (c) using deceptive subject lines. The User may not promote Balance Global products or services through uninvited commercial emails without the express written consent of Balance Global.

Balance Global will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages of any kind resulting from users’ failure to adhere to the CAN-SPAM Act or any other applicable laws. The User agrees to indemnify, defend, and hold harmless Balance Global, its affiliates, officers, directors, employees, consultants, and agents from any and all third party claims, liability, damages, and/or costs (including, but not limited to, attorneys’ fees) arising from the User’s activities in violation of the CAN-SPAM Act or any other applicable laws. The terms of this Agreement will inure to the benefit of Balance Global successors, assignees, and licensees. The User covenants to cooperate fully in the defence of any claim. However, Balance Global reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by User and User shall not, in any event, settle any matter without the written consent of PMI.

(12) Voucher Customers

External discount vouchers have a set limited redemption date (agreed with the voucher supplier and Balance Global). These vouchers once expired have no value to us. Should you hold an expired voucher, please talk to us and we will try and help. In case we cannot help, we would advise you to speak to the external source that has provided you with this voucher originally.

(13) Complaint Resolution

Customer complaints are handled by our Customer Services Department, which is empowered to handle and resolve customer complaints. In the event you are still dissatisfied, the case will be referred to the Customer Services Management, at this point final and absolute decision will be made to address your complaint. Please email all complaints to info@balance-global.com

(14) Refund Policy

Please see our Refunds Policy

(15) Deviations

No deviation from these terms and conditions will be allowed without the express written permission of a Director of Balance Global. No communication either verbal or printed on our websites will override these Terms and Conditions. If in any case any of these conditions shall be held to be invalid or shall not apply, the contract and the other conditions shall remain in force and effect.

(16) Force Majeure:

Balance Global shall not be in breach of this contract if the provision of services are delayed or cancelled or reduce through any circumstances beyond its reasonable control including acts of God (including but not limited to, fire, flood, earthquake, storm, snow, hurricane or other natural disaster) sickness, war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service. Delegates must ensure that they can attend the training courses which they are scheduled to attend. Balance Global will not be held liable, financially or actually, for their non‐attendance, whatsoever the reason may be.

(17) Warranty and Liability

For examination courses, no warranty is given that a delegate will pass the examination(s), the questions for which are set and marked by the APMG examining authority.

Balance Global and its affiliates will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

N0thing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to dispatch.

(19) Privacy Policy & Data Protection

Please see our Balance Global Privacy Policy

(20) Jurisdiction

This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of United Kingdom, without giving effect to any principles of conflicts of law.

(21) Disclaimer

All information provided during training courses is given in good faith and Balance Global will not be held responsible for actions taken by the delegate/client, any other individual or organisation as a result of the information provided during the training course.

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

You must not use any Balance Global Service: (i) in any way that causes, or is likely to cause, any Balance Global Service, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.

We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Conditions of Use or any other applicable terms and conditions, guidelines or policies.

(22) Our Contact Details

Balance Global
16 Garston Lane
Kenley
Surrey
CR8 5BA
0207-148-4782
info@balance-global.com

(23) Survival of Terms

Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination, including but not limited to the ownership, intellectual property rights and licensing provisions set forth in this Agreement.

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BALANCE GLOBAL. ALL RIGHTS RESERVED. REGISTERED OFFICE: KINGSMEAD INTERNET INVESTMENTS LTD T/A BALANCE GLOBAL 16 GARSTON LANE, KENLEY, SURREY CR8 5BA REGISTERED IN ENGLAND. 6954654.THE COMPANY'S MAIN COUNTRY OF OPERATION IS THE UNITED KINGDOM. PRINCE2®/PRINCE2 Agile®/ITIL®/MSP® IS A REGISTERED TRADEMARK OF AXELOS LIMITED,USED UNDER PERMISSION OF AXELOS LIMITED. ALL RIGHTS RESERVED.THE SWIRL LOGO IS A TRADEMARK OF AXELOS LIMITED, USED UNDER PERMISSION OF AXELOS LIMITED. ALL RIGHTS RESERVED. AGILEPM® IS A REGISTERED TRADEMARK OF AGILE BUSINESS CONSORTIUM LIMITED. ALL RIGHTS RESERVED. APMG INTERNATIONAL CHANGE MANAGEMENT IS A TRADEMARK OF THE APM GROUP LIMITED. ALL RIGHTS RESERVED. THE APMG INTERNATIONAL AGILEPM AND SWIRL DEVICE lOGO, THE APMG INTERNATIONAL CHANGE MANAGEMENT AND SWIRL DEVICE LOGO ARE TRADEMARKS OF THE APM GROUP LIMITED, USED UNDER PERMISSION OF THE APM GROUP LIMITED. All RIGHTS RESERVED. THE APMG INTERNATIONAL PRAXIS FRAMEWORK AND SWIRL DEVICE LOGO IS A TRADEMARK OF THE APM GROUP LIMITED AND PRAXIS FRAMEWORK LTD, USED UNDER PERMISSION OF THE APM GROUP LIMITED. ALL RIGHTS RESERVED.

Please note, unfortunately, the owners of this website have had to instruct Herron Fisher to assist them with placing the company into Creditors’ Voluntary Liquidation and therefore Balance Global has now ceased to trade. For more information please contact Herron Fisher by email to Annette.Berlyn@herronfisher.co.uk If you are a current customer, your log-on Id and access to your eLearning will continue until January 2023 to enable you to finish your training course

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