1. Introduction
Welcome to Balanced Array ("Company", "we", "our", "us"). These Terms and Conditions ("Terms", "Terms and Conditions") govern your use of our website located at balancedarray.sbs (the "Site") and any related services offered by Balanced Array.
By accessing or using the Site, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Site or use our services.
2. Use of the Site
2.1 Eligibility
By using our Site, you represent and warrant that you are at least 16 years of age and are legally capable of entering into binding contracts. If you are under 18, you may use our Site only with the involvement and consent of a parent or guardian.
2.2 Account Registration
To access certain features of the Site, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account.
2.3 Acceptable Use
You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Site in any way that violates any applicable local, national, or international law or regulation
- Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site
3. Intellectual Property Rights
3.1 Site Content
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
3.2 Limited License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal, non-commercial use. You may not:
- Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
- You may store files that are automatically cached by your Web browser for display enhancement purposes
- You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution
- Modify copies of any materials from this Site
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site
3.3 Trademarks
The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
4. User Content
4.1 Submission of Content
Our Site may allow you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). By providing any User Content on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
4.2 User Content Representations and Warranties
You represent and warrant that:
- You own or control all rights in and to the User Content and have the right to grant the license granted above
- All of your User Content does and will comply with these Terms
- You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness
- The Company is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Site
4.3 Monitoring and Enforcement
We have the right to:
- Remove or refuse to post any User Content for any or no reason
- Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site
- Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms
5. Online Purchases and Payment Terms
5.1 General Terms
All purchases through our Site are subject to these Terms. By placing an order through our Site, you warrant that you are legally capable of entering into binding contracts and that the information you provide to us is accurate and complete.
5.2 Pricing and Payment
All prices are quoted in British Pounds (GBP) and include UK Value Added Tax (VAT) where applicable. We reserve the right to change prices at any time, but changes will not affect orders for which we have already sent a confirmation email.
Payment for services must be made in advance. We accept payment through various methods as indicated on the Site, which may include credit/debit cards and online payment services. By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your order (including any applicable taxes and other charges).
5.3 Order Acceptance and Confirmation
Your order constitutes an offer to us to purchase our services. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that your booking has been processed. The contract between us will only be formed when we send you this confirmation.
6. Appointments and Consultations
6.1 Booking
When booking an appointment through our Site, you agree to provide accurate and complete information. You are responsible for arriving at your scheduled appointment on time.
6.2 Cancellation and Rescheduling
If you need to cancel or reschedule an appointment, please provide at least 48 hours' notice. Cancellations made with less than 48 hours' notice may be subject to a cancellation fee as specified in our Refund Policy. Failure to attend a scheduled appointment without prior notice ("no-show") may result in a charge for the full service price.
6.3 Late Arrivals
If you arrive late for your appointment, we will make every effort to accommodate you. However, if your late arrival affects subsequent appointments, we may need to shorten your service time or reschedule your appointment. You will be charged the full service price regardless of shortened service time due to late arrival.
7. Limitation of Liability
7.1 Disclaimer of Warranties
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, SERVICES, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
7.2 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR:
- DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE
- FRAUD OR FRAUDULENT MISREPRESENTATION
- ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH LAW
8. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Content, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
9. Dispute Resolution
9.1 Governing Law
These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any choice or conflict of law provision or rule.
9.2 Jurisdiction
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the courts of the United Kingdom, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
9.3 Dispute Resolution Process
Before filing a claim against the Company, you agree to try to resolve the dispute informally by contacting us at [email protected]. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or the Company may bring a formal proceeding.
10. Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter.
Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
11. Termination
We may terminate or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party, or us.
Upon termination, your right to use the Site will immediately cease. If you wish to terminate your account, you may simply discontinue using the Site or contact us to request account deletion.
12. General Terms
12.1 Entire Agreement
These Terms, our Privacy Policy, and any other terms or policies referenced herein constitute the sole and entire agreement between you and Balanced Array regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
12.2 Waiver
No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
12.3 Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
12.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without the Company's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. The Company may assign or transfer these Terms, at its sole discretion, without restriction.
13. Contact Us
If you have any questions about these Terms, please contact us at:
Balanced Array
46 Cook Cliff
Sophieview, WV99 1TL
United Kingdom
Email: [email protected]
Phone: +44 866 019 3757