You're just a couple of steps away from joining the programme. Read the Terms and Conditions then tick to agree to them at the bottom of this page. Underneath that you'll find a button to take you to the sign-up and payment page for the version of the programme you desire.
These terms and conditions are designed to:
- Give you a clear and full understanding of the services you intend to purchase and the terms and conditions associated to it
- Alongside making the necessary payments, by agreeing to them you can secure your place on The Ten Steps to a Balanced Diet online programme
- Make clear your legal rights around data protection, cancellations and refunds
They are comprised of five sections:
1) Our standard terms and conditions
2) A detailed proposal of The Ten Steps to a Balanced Diet online programme
3) Privacy Notice
4) Cancellation policy
5) Your electronic signature
SECTION 1. STANDARD TERMS AND CONDITIONS FOR SUPPLY OF SERVICES
balance health and fitness limited
In this document the following words shall have the following meanings:
1.1 "Consumer" means you are an individual and you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession)
1.2 "Customer" means any person who purchases Services from the Supplier
1.3 "Proposal" means a statement of work, quotation or other similar document describing the services to be provided by the Supplier
1.4 "Services" means the services specified in the Proposal
1.5 "Supplier" means balance health and fitness limited of 36 Stanshaw Close, Frenchay, Bristol, BS16 1JY
1.6 "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2.1 These Terms and Conditions shall apply to all contracts for the supply of Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any major variations to these Terms and Conditions will need to be agreed in writing by all parties.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
3 THE ORDER
3.1 For avoidance of doubt, these terms and conditions include all information as outlined in the accompanying proposal. The Proposal, attached to these Terms and Conditions shall remain valid until all spaces on the programme are filled. Spaces are considered booked when the terms and conditions are agreed to and the first monthly payment is made, and are filled on a first come, first served basis.
3.2 The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier ("the Order") within the period specified in Clause 3.1.
3.3 All Orders for the Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
4 PRICE AND PAYMENT
4.1 The price for the Services is as specified in the Proposal and is inclusive of VAT and any applicable charges outlined in the Proposal.
4.2 Payment of the price shall be in the manner specified in the Proposal.
4.3 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of The Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
5.1 The date of delivery of the Services is as specified in the Proposal.
5.2 The date supplied for the delivery of Services in the Proposal may need to be altered, or the event cancelled in the event of extreme circumstances. In the event of a date alteration or cancellation, Balance Health and Fitness Limited will contact customers to inform them of this. At this point, the customer will be entitled to a full refund should they wish, or their place on any future date arranged for the Services will remain secured.
6 CUSTOMER'S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
6.1 co-operate with the Supplier
6.2 provide the Supplier with any information reasonably required by the Supplier
6.3 obtain all necessary permissions, licences and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and
6.4 comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
7 SUPPLIER'S OBLIGATIONS
7.1 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
7.2 The Supplier will use reasonable endeavour to ensure that the condition of tools and equipment used in the performance of the Services is of the required standard, and shall ensure that any materials supplied by the supplier shall be free of defects.
7.3 It is the customer’s responsibility to ensure that any equipment they use in the duration of these services is in a suitable condition for the nature of the service being provided.
8 LIMITATION OF LIABILITY
8.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Services.
8.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
8.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
8.4 It is your responsibility during the provision of the Services to ensure the safety and security of your personal possessions. Balance Health and Fitness Limited accept no responsibility for the loss or damage of personal items during the provision of the services.
9.1 The Customer may cancel an Order by notifying the Supplier in writing at the address above within 14 days of placing an Order and any monies paid will be refunded in full.
9.2 If the Customer fails to cancel the order within the time specified in Clause 9.1, the full programme fee is due.
9.3 We reserve the right to cancel or amend the course up to the date of its running. Cancellations by us will result in a full refund of any monies paid. Amendments to the course will only be made if circumstances dictate and may result in changes to online systems and timings. Any amendments made will be notified to you at the earliest opportunity.
9.4 Should a customer purchase less than 14 days before the commencement of the programme and access the online area once the programme has begun, they will automatically waive their right to cancellation and refund
10 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
12 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
13 DATA PROTECTION
We take your right to privacy seriously. As such, we promise to adhere to the Data Protection laws of the UK. How we do this is laid out very simply for you in our Privacy Notice, outlined in Section 3 of these terms and conditions. This sets out the data we collect from you, how we use it and with whom it will be shared. You will be asked to tick to accept the Privacy Notice at the end of these terms and conditions.
14 ONLINE CONDUCT
14.1 Balance is committed to ensuring a safe and enjoyable environment for all programme participants. You can request our policies on safeguarding, equality and diversity and codes of conduct at any time. By signing up for the programme, you agree to abide by these and to assist us in making everyone’s experience a safe and enjoyable one.
14.2 We reserve the right to cancel course access for immediately if they act in way that breaches our safeguarding and equality and diversity policies or code of conduct. Any participants asked to leave will not be entitled to a refund and any incidents may be reported to the relevant authorities if required.
15 YOUR HEALTH AND WELLBEING
15.1 The Ten Steps to a Balanced Diet programme is designed for participation by individuals without medical conditions. Any individual with a medical condition must get clearance from a medical practitioner to partake in the programme before commencing, or understand that they do so at their own risk
15.2 Should your health change at any time during the programme, it is your responsibility to postpone any lifestyle changes until you have sought the advice of a medical practitioner. You should only recommence once given the ok to do so by a medical practitioner.
15.3 Should you have any doubts, fears or concerns at any time, you should make balance health and fitness aware of these. They will be happy to discuss your needs and concerns and agree an appropriate course of action with you.
15.4 The information contained in the Ten Steps to a Balanced Diet programme is based on information from reliable sources, such as government guidelines and peer-reviewed scientific studies, and within the scope of expertise, insurance and qualifications of the creator. That said, if you feel it is not right for you, it is entirely your right to take a different course of action more suited to your needs.
16 INTELLECTUAL PROPERTY
16.1 The format of the Ten Steps to a Balanced Diet programme and the content provided within are the sole property of balance health and fitness limited
16.2 You may print or download the content within the Ten Steps to a Balanced Diet programme for your own personal use
16.3 You may not share the content or access to your member area with anyone, replicate or re-use the content in any way without first gaining our express permission in writing, sell, rent or sub-license said content, or display any materials from the programme in the public domain
16.4 Should we learn that our copyright has been breached in any way, we may decide to take legal action to prevent you from using these materials further and to claim for financial damages as a result of your actions.
SECTION 2: A DETAILED PROPOSAL FOR:
The Ten Steps to a Balanced Diet online programme
Supplier: Balance health and fitness limited
Registered Company Address: 36 Stanshaw Close, Frenchay, Bristol, BS16 1JY
Company contact details: Paul Waters
Tel: 0117 939 9117 Mob: 0775 200 1203
What is it?
- A 10-week online programme accessed through a member’s area, with a range of videos, documents and interactive tools designed to support you through nutritional changes
- The programme is provided in English only
- Content is provided in a range of file formats, most of which should be readily accessible through a variety of devices. At times, additional software or software updates may be required to access some content. Details will be provided when the course commences about how to access technical support to assist with any issues that may arise.
Who is it for?
Anyone over the age of 18 looking to improve their health, fitness or general wellbeing through changes to their nutritional habits and daily diet. Those with medical conditions should seek the permission of a medical practitioner before signing up to and undertaking the programme.
What is covered?
- The initial part of the programme focuses on what your personal health and wellbeing goals are, where you are now in relation to these and the steps you might take in terms of nutritional changes to help achieve these.
- From there, you have access to the ten steps to a balanced diet, the ten areas you might consider working on to help you on your way to your goals.
What happens once I’ve signed up?
- You’ll receive an email confirming your payment and, if you are happy to be contacted, you’ll receive further email updates in the build-up to the launch on January 8th, 2018.
- On the morning of the start of the programme, you’ll receive an email that your programme has begun and you’ll be able to enter the online area and access the resources.
- Some of the resources won’t be available on day 1 as they will be drip-fed into the programme over the ten weeks to allow for a logical progression through your journey.
When? Launching Monday 8th January, 2018 for 10 weeks from the start date
Where? Online, accessed using the login and password details you provide at point of sign-up. The web address is findyour.balancehealthandfitness.co.uk
Within the Ten Steps package you receive:
- Access to the programme for 10 weeks from the start date
- The ability to download and keep any of the documents within the programme for further use by you
- Any additional promotional offers outlined at the time of purchase
If purchasing the Ten Steps +, in addition you receive:
- 10 x 15-20-minute phone/Skype coaching sessions to be used across the 10 weeks. These will be booked directly with Paul and times allocated on a first-come, first-served basis
- Support calls will be arranged between the hours of 8:00am and 8:00pm UK time Monday to Friday.
What happens after the programme?
- After the ten weeks, your log-in details will no longer be valid.
- You will however be able to purchase access to ongoing support on the Keep Your Balance online area at a cost of £5 per month.*
*Purchases made before December 18th, 2017 will receive one months’ access to the Keep Your Balance area free of charge.
How much is it and how do I sign up?
- The Ten Steps Programme costs £78.00, payable in three monthly instalments of £26.00
- The Ten Steps + Programme costs £177.00, payable in three monthly instalments of £59.00.
- Additional phone/Skype coaching sessions can be purchased at the price of one for £15.00 or 10 for £99.00 at any time. Payment for these can be made by bank transfer.
- The first payment is taken at point of booking and subsequent payments each month after for two months.
- Phone calls to UK-based numbers will be made by balance health and fitness and the costs of these incurred by them. International customers will oly be able to access 1:1 support calls via Skype.
- Places on course are limited as specified on the website and will be filled on a first-come, first-served basis
- Places are only considered filled when both the terms and conditions have been agreed to and the initial monthly course fee has been paid
- Customers are entitled to their statutory 14-day cancellation rights. An example of Your Right to Cancel form can be found at the bottom of these Terms and Conditions and a copy will be emailed to you, along with the full terms and conditions, once you have signed up.
- Customers who wish to cancel after the expiry of their 14-day statutory rights cancellation period will be liable to pay the full course fee.
SECTION 3: PRIVACY NOTICE
At balance, we’re committed to ensuring your privacy. To ensure that you’re happy with what information we’re requesting and how we’ll use it, we’ve created this simple Privacy Notice for you to read. If you’re happy with it, you can simply agree with the options at the end of these Terms and Conditions.
What information is being collected and how will it be used?
We only collect information that’s vital to the programme. This enables us to get in touch with you with details about the programmee, identify your needs, keep you safe during the programme, and (if you choose), to keep you updated on things that may be of use to you in terms of your health, fitness and wellbeing. Any data that you provide will stored in line with the data protection laws of the UK. You can request a copy of the data we hold about you at any time.
Who is collecting it and how? Who will it be shared with?
Your data will be collected by balance health and fitness and only through the official documentation we send you. It will only be accessible by the relevant employees of balance health and fitness and we will not share any of your information with anyone at any time, unless you specifically request us to do so and give your express permission in writing.
SECTION 4: YOUR RIGHT TO CANCEL
You have the right to cancel this contract if you wish, within 14 days starting on the date your booking is confirmed by balance health and fitness limited (excluding those who purchase less than 14 days before the programme commences and access the materials once it has begun as outlined in 9.4). Cancellations made outside of this period are subject to the charges outlined in the Proposal. Cancellation can be communicated using this form (which will be emailed to you once signed up along with a full copy of all terms and conditions) and sent by email or posted (using recorded delivery) to:
To cancel, please use the form provided to you in your copy of the Terms and Conditions that you will receive via email once you have signed up.
SECTION 5: YOUR ELECTRONIC SIGNATURE
By completing the form in this section, you agree that you are happy with and will abide by the terms and conditions set out above.