Terms & Conditions
This Terms and Conditions Agreement sets out the guidelines, rules, and regulations that clients and customers Client must follow when using the Balance website and purchasing its products and services. The Company owns and operates this Website. The terms and conditions set forth below (“Agreement”) govern access to and use of this Website, as well as the Products and Services made available through it.
1. Agreement to Terms and Conditions.
The Client agrees to be bound by the terms and conditions specified in this Agreement by using our Website. If the Client does not agree with any of the terms, he or she must discontinue using our Website and any of our Services. The Client should check this page on a regular basis to be aware of any changes to this Agreement.
The Client must not abuse this Website, commit or encourage a criminal offense, transmit or distribute a virus or any other material that is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene, hack, corrupt data, annoy other clients, infringe on the rights of any other person’s proprietary rights, send any unsolicited advertising or promotional material, commonly referred to as “spam”. Breaching this provision is a criminal offense, and the Company will report any such violation to the appropriate law enforcement authorities.
4. Intellectual Property (Software and Content).
Intellectual property rights in all software and content (including photographic images) made available to the Client on or through this Website remain the property of the Company or its licensors and are protected. The Client may save, print, and display the supplied content solely for their own personal use. The Client may not publish, manipulate, distribute, or otherwise reproduce in any format any of the content or copies of the content supplied to him or her or which appear on this Website, nor may he or she use any such content in connection with any business or commercial enterprise.
5. Terms of Sale.
By placing an order, the Client is offering to purchase a product on and subject to the terms and conditions set forth below. Dispatch is subject to availability and delays caused by postal or force majeure, for which we will not be held liable. The Client must be at least 18 years old and have a valid credit or debit card issued by a bank that we accept. When placing an order, the Client represents and warrants that all information provided to us is true and accurate, that he or she is an authorized user of the card used.
a. Contract. The Client will receive an acknowledgement email confirming receipt of the order; however, this email is only an acknowledgement and does not constitute acceptance of the order. A contract will not be formed until we send the Client an email confirming that the goods ordered have been shipped.
b. Pricing and Availability. We ensure that all details, descriptions, and prices on this Website are correct but errors may occur. If we discover an error in the price of any goods ordered, we will notify the Client as soon as possible and provide an option of reconfirming the order at the correct price or cancelling it. If we cannot contact the Client, the order will be automatically cancelled. If the Client cancels and has already paid for the goods, he or she will be refunded in full.
c. Payment. We perform a standard authorization check on the Client’s payment card upon receiving the order to ensure there are sufficient funds to complete the transaction. When authorization is received, the card will be debited.
6. Disclaimer of Liability.
Unless expressly stated to the contrary, the Company and its suppliers, content providers, and advertisers hereby expressly exclude all conditions, warranties, and other terms that might otherwise be implied by statute, common law, or the law of equity. This does not affect the Company’s liability for death or personal injury caused by its negligence, fraudulent misrepresentation, misrepresentation of a fundamental matter, or any other liability that cannot be excluded or limited by applicable law.
The Client agrees to indemnify, defend, and hold the Company, its directors, officers, employees, consultants, agents, and affiliates harmless from any and all third-party claims, liability, damages, and/or costs (including, but not limited to, legal fees) arising from the Client’s use of this Website or his or her breach of this Agreement.
If any part of this Agreement is found to be unenforceable, the enforceability of the remaining parts will not be affected, and all other clauses will remain in full force and effect.
If the Client violates these conditions and we do nothing, we will still be able to use our rights and remedies in any other situation where the Client violates these conditions.
10. Entire Agreement.
This Agreement constitutes the parties’ entire agreement and supersedes all
prior and contemporaneous agreements between the Client and the Company. Any waiver of any provision of the Agreement will only be effective if it is in writing and signed by a Director of the Company.