This privacy policy sets out how Back Balance Ltd (“Back Balance) uses and protects any information that you give Back Balance when you use this website. Back Balance is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Back Balance may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
When you contact us using the information on this website, we may use your name, email address or phone number as data to improve our products and services. We may periodically send promotional emails about new products, special offers or other information, which we think you may find interesting using the email address, which you have provided. From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone or mail. We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure any information we collect online.
A cookie is a small file, which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information, which you provide whilst visiting such sites, and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
You may choose to restrict the collection or use of your personal information in the following ways: if you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at contact@backbalance.co.uk. We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties, which we think you may find interesting if you tell us that you wish this to happen. You may request details of personal information, which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to Back Balance, 42 Donnybrook Road, Streatham, SW16 5AZ. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
1 Terms and conditions
If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Back Balance´s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The term ‘Back Balance’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 42 Donnybrook Road, SW16 5AZ London. Our company registration number is 12825573 and place of registration England. The term ‘you’ refers to the user or viewer of our website. The use of this website is subject to the following terms of use: The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.
You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time, this website may also include links to other websites.
These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
2 Gift cards
All our usual terms and conditions and policies apply to Gift Certificates (also referred to as Gift Vouchers or Gift Cards). These terms and conditions will also apply to the purchase and redemption of our Gift Certificates available.
2.1 Rules
The use of gift vouchers fall under the following terms and conditions:
Gift Certificates ordered through our Website will be delivered automatically by electronic means to the email address you specify at the time of order.
Our Gift Certificates include unique numbers and configurable patterns.
Our Gift Certificates must be redeemed on our Website and entered at the payment checkout, as full or part payment of products from our Website. A Gift Certificate cannot be used to purchase a further Gift Certificate.
When ordering a Gift Certificate, you should ensure to enter the recipient’s email address correctly. We cannot be held responsible if the address is entered incorrectly and someone other than the intended recipient uses the Gift Certificate.
Site offers and promotions (including gifts with purchase and discounts) do not apply when purchasing gift vouchers.
All Gift Certificates are dated and expire 6 months from the date of issue.
Gift Certificates cannot be exchanged for cash.
Gift Certificates may only be redeemed against products purchased in the same currency as the Gift Certificate.
Where Products purchased online with a Gift Certificate are returned, monies owing will be refunded by a Gift Certificate.
We are not responsible if a Gift Certificate is lost, stolen, destroyed or used without permission and no replacement will be provided in these circumstances.
2.2 Questions, comments and requests regarding Gift Voucher Terms and Conditions are welcomed, please contact us.
3 Website
3.1 Disclaimer
The information contained in this website is for general information purposes only. The information is provided by Back Balance and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website you are able to link to other websites which are not under the control of Back Balance. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, Back Balance takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
3.2 Content
This website and its content is copyright of Back Balance. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
4 Provision of care
We reserve the right to allocate an appropriate Practitioner to deliver your care. This may mean different Practitioners delivering your care at different stages.
5 Finance terms and conditions
We offer consumer credit services for patients who wish to buy a package of care and pay for it over time. We use a range of lenders to provide finance for patients including but not limited to GoCardless. GoCardless Ltd is a Direct Debit collector to allow recurring payments and is located at GoCardless Ltd., Sutton Yard, 65 Goswell Road, London, EC1V 7EN, United Kingdom. Tel +44 20 8338 9540. For more information please refer to https://gocardless.com/. You will be offered the best rate available based on your credit history and our lenders’ credit decision policies. You will be informed who the lender is at the point the loan is offered, and provided with their full contact details.
6 Treatment cancellation policy
6.1 Our Initial Consultation, Examination and Report of Finding (RoF) is payable in full, upfront and is non-refundable.
6.2 Other pre-paid plans of care have the following policy;
If for any reason you wish to discontinue your care plan a refund will be made. To calculate the amount of money you have used on your plan simply count the number of visits you have already had and multiply this number by £65 (our pay as you go rate), plus any products contained in your plan. This amount will be deducted from the money you have prepaid. If you choose to cancel your plan, and/or are requesting a refund, you must make an appointment to meet with your Practitioner in order to discuss the cancellation process. All applications for a refund must be made in writing to the practice coordinator. All pre-paid plans will be valid for a period of 12 months from the date purchased, during which time treatments may be used, but refunds against any treatment plan may only be applied for up to one year after the point of purchase.
7 Back Balance App terms of use
Available soon for free download on iTunes and Google Play store
By using the App or Back Balance Services you accept these Terms and they will apply to the agreement between you and us (the “Agreement”).
Please note that these Terms apply only to the provision of Services directly by us to you namely the service we offer allowing you to:
Access information about spinal healthcare plans (“Plans”) with Back Balance Ltd (“Back Balance”);
View videos and images of the exercises prescribed to you under your Plan or at Appointments
Plot advice, symptoms and medication
Review a record of your treatment (including, without limitation, registration forms, any Examination or posture photos taken by Back Balance) and notes relating to individual Appointments
Back Balance does not have to provide you with this information and may not be held accountable for missing or historical data.
These Terms may be amended from time to time. Any amendments or new terms and conditions will be available on our App and the terms and conditions on the App at the time you enter into an agreement with us will be the ones that apply. You may terminate this Agreement if you do not wish to be bound by any such amendments but by continuing to use the App or Services you will be deemed to have accepted the new terms
7.2 Registration
When using the App you will be invited to register with us. This includes that you provide us with your full name and a valid email address. We may also require additional information from time to time. Please note that any personal information that you provide to us will be subject to our data protection obligations which are set out in our privacy and data protection policy (“Privacy Policy”) which can be seen above. The Privacy Policy forms part of this Agreement.
We take your privacy very seriously and will only use your personal information in accordance with our Privacy Policy. We may however wish to share special offers, promotions and other services with you and so when you register we will ask if you agree to receiving emails or notifications from us. If you agree to receiving emails, either from us or our affiliates, you can always change your mind and will be able to unsubscribe to such emails at any time.
You will be given a password upon your first booking. We recommend to change your password and that you keep your password confidential and do not disclose it to any third party. If you reveal your password to a third party and they then access the App or use our Services they will be deemed to be acting as agent for you. We will not be held responsible for any action taken by any third party to whom you have disclosed your password. If you believe a third party has become aware of your password and is using your Account without authorisation from you, please notify us immediately and we will suspend or close the Account at our discretion.
You must supply a valid email address when registering so that we can email booking confirmations and other information relating to your use of our Services. We will not be held responsible if you fail to provide a valid email address and you do not receive a booking confirmation or other information from us that you might be expecting. If you become aware that you have supplied an invalid email address please contact us immediately to correct the information we hold about you.
We may suspend or close your Account at any time if you are in breach of any term of this Agreement. We will suspend or close your Account if you cancel your treatment plan at any stage for any reason. If we suspend or close your Account you will not be able to access the App or use some of our other Services.
8 Healthcare Services
The Healthcare Services available from Back Balance are those listed on the App and the website www.backbalance.co.uk.
The Healthcare Services advertised on the App are subject to availability and the fees payable for the Healthcare Services may vary from time to time.
Users may be required to attend an initial assessment with Back Balance before making a Booking in respect of certain Healthcare Services, including treatment Plans.
The Back Balanceare located in or around London. We are unable to guarantee the availability of particular practitioners or Healthcare Services.
9 Your obligations
You must:
Use the App in accordance with these Terms and not in any way which may affect our reputation or the use and enjoyment of the App or our Services by any other users or third parties;
Not interact, deal or communicate with Back Balance in such a way or do anything which could be deemed to be harmful to our business or reputation or might adversely affect our relationship with Back Balance;
While attending the Healthcare Services, not act in any way which is offensive, rude, illegal or which might cause distress to others;
Provide us with accurate information and ensure that all details that we hold about you (including your email address) are up to date and valid;
This Agreement is with you, the person using the Services and you will be responsible for ensuring that any person who attends an Appointment with you or who you have made a booking for (an “Authorised Person”) complies with the terms of this Agreement. You agree that you are responsible for the conduct of any such Authorised Person
10 Complaints and Disputes
You agree that if you have any complaint or dispute concerning Back Balance or the Healthcare Services you will attempt to resolve it in the first instance by writing us via email contact@backbalance.co.uk
Provision of the app, cancellation and termination
We may, at any time, in our absolute discretion:
Terminate this Agreement and your Account; and/or close the App.
Upon termination you will no longer be able to use the Services provided through the app.
In the event that we decide to close the App you will receive a notification of such closure and you will have a period of 28 days in which to download any records we are holding relating to the Healthcare Services you have received. The notification you will receive will contain further information regarding the process for downloading any such records.
Subject to this clause 7, any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after termination.
Your liability and indemnity
You agree to indemnify us for any claims or legal proceedings that may be brought against us and for any loss or damage we may suffer or incur as a result of :
your breach of the terms of this Agreement; or
your actions in relation to the Services, the App or the Healthcare Services.
Our liability
We will not be liable to you for any business, financial or economic loss or for any consequential or indirect loss such as loss to reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of any services we provide to you under, or in any other way connected with, this Agreement (whether suffered or incurred as a result of our negligence or otherwise) except in the case of fraud, wilful concealment or theft.
For the avoidance of doubt, the liability excluded under clause 1 includes any loss arising from your dealings with Back Balance or arising from the Healthcare Services and we shall have no liability to you whatsoever for any act or omission of Back Balance, whether in connection with a Booking you have made or otherwise.
Our liability to you for all losses under this Agreement (subject to any liability in accordance with clause 5 below) is limited to the total amount paid by you to us in the 12 months preceding the last time you booked an Appointment..
Nothing in this agreement limits or excludes our liability for death or personal injury arising as a result of our negligence or for fraud or fraudulent misrepresentation.
You agree that the above exclusions of liability are reasonable in all the circumstances, especially in light of the fact that our Services include only the provision of exercise instructions, medication and pain logs through the App.
The App
Although we aim to offer you the best service possible, we make no promise that the Services or the App will meet your requirements. We cannot guarantee that the Services will be fault-free. If a fault occurs with the App you should report it and we will attempt to correct the fault as soon as we reasonably can.
Your access to the App may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
The App may provide content from other applications, internet sites or resources and while we try to ensure that material included on the App is correct, reputable and of high quality, we do not make any warranties or guarantees in relation to that content. If we are informed of any inaccuracies in the material on the App we will attempt to correct the inaccuracies as soon as we reasonably can.
As a convenience to you, the App may include links to other applications, websites or material which are beyond our control. We are not responsible for content on any application or website outside the App.
Parts of the App may contain advertising and sponsorship. We will always look to ensure that it is clear what content on the App is an advertisement. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the App complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
We make no promise that materials on the App are appropriate or available for use in locations outside the United Kingdom, and accessing the App from territories where its contents are illegal or unlawful is prohibited. If you choose to access the App from locations outside the United Kingdom, you do at your own initiative and are responsible for compliance with local laws.
The App may contain articles and information but any decisions you make after considering this information are yours. Nothing on the App is a substitute for medical or health advice and if you have any concerns about your own circumstances, whether or not you should use any particular Healthcare Services or any other matters you should always seek the advice of a qualified doctor.
Intellectual property
The content of the App is protected by copyright, trade marks, database right and other intellectual property rights (“IP Rights”) and all such IP Rights are owned by us or are properly licensed to us by our licensors. The IP Rights in the App shall remain the property of us or our licensors.
You may retrieve and display the content of the App on the screen of a computer or similar device, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the App without our written permission.
You agree that any comments, communications, ideas or other materials or content (“Customer Content”) that you may provide to us through or in relation to the Services and the App is provided on a non-confidential basis. Furthermore, you agree that any Customer Content you provide will be deemed to be our property once supplied to us and you assign all and any intellectual property rights that may exist in the Customer Content to us. We will be under no restriction in relation to the Customer Content and may use it as we see fit.
You may not publish any Customer Content that is offensive, inaccurate, misleading, defamatory, fraudulent, or that contains illegal content. If any such Customer Content is published by you or if in our opinion any content is published by you which damages our goodwill or the goodwill attaching to the App we reserve the right at our discretion and without notice to take such action as we deem necessary including (without limitation) removing the Customer Content from the App, blocking access to your Account and terminating this Agreement.
General
By entering into this Agreement you also agree to our Privacy Policy shown on this page.
You may not transfer any of your rights under this Agreement to any other person. We may transfer our rights under this Agreement to another business where we reasonably believe your rights will not be affected and we shall be entitled to assign or sub-contract our obligations under this Agreement
If you breach the terms of this Agreement and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the terms of the Agreement.
We shall not be responsible for any breach of this Agreement caused by circumstances beyond our reasonable control.
This Agreement is governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the English courts.
11 Data Protection
11.1 GDPR
We are committed to protecting your privacy and will only use information collected lawfully in accordance with:
Every member of staff who works at Back Balance Ltd has a legal obligation to keep information about you confidential.
Back Balance Ltd
11.2 Objection for Data Protection
Should you have any concerns about how your information is managed at the clinic, please contact Marian Engel in the first instance. If you are still unhappy following a review by Diana Engel, you can then complain to the Information Commissioner’s Office via their website (www.ico.gov.uk)
11.3 Registered Data Controller
Marian Engel is registered with the Information Commissioner’s Office as the Data Controller for Back Balance Ltd.
