Open Programme Terms and Conditions
..Bailey Balfour Asia Pacific Pte. Ltd. is a company registered in Singapore under company number 201512731D (“Bailey Balfour” or “The Company” or “We” or “Our” or “Us”).
The following constitutes the terms and conditions (“T&C”) to which participants (“Participant” or “You” or “Your”) agree when you are registered with our Bailey Balfour open programmes.
If You are a company, entity or organisation signing on behalf of your employee(s) or member(s), the terms “You” and “Your”, as used throughout the T&C, apply to both your employee(s) and the company, organisation or entity, as applicable.
Please read these T&C carefully, and contact us if you have any questions.
Bailey Balfour reserves the right to review and update these Terms & conditions periodically at its sole discretion. BY ACCEPTING THESE T&C, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING A REGISTRATION TO THE PROGRAMME, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Interested parties may apply for the Programme personally, or through your corporation.
Your registration with us is effective only upon our express acceptance as well as full payment of the Programme fees.
We reserve the right to refuse, suspend, or cancel any registration at our discretion. Such refusal, suspension, or cancellation shall not affect either party’s statutory rights and liabilities.
Fees and Modes of Payment
Full payment of the Programme fees is due at the time of registration and must be received 14 days before commencement of the Programme.
Payment can be made by PayPal credit card, debit card or bank transfer. We will give you access to the Programme when full payment has been made. The Programme fees shall cover the Programme registration and participation, and Programme content.
In cases where registration and payment is done by companies, organisations or entities, with payment terms that differ from this T&C, we will accept registration and payment only if a valid Purchase Order containing acceptable payment terms and conditions is provided. Any funds received on your behalf in excess of the full enrolment fee will be returned to payer.
We reserve the right to issue invoices in an electronic format. All fees are exclusive of applicable GST or similar taxes which will be charged in accordance to the law.
Cancellations and Refund Policy
Rescheduling, Cancellation, and Refund of the Programme
For any foreseeable events or events which we have control over, we will give you at least one (1) week notice should it become necessary for us to cancel or reschedule the date of delivery of the provision of any part of the Programme. For unforeseeable events or events that are not within our control, we will endeavor to provide as much notice as possible for any cancellations or rescheduling.
If the Programme is cancelled by us and we are not able to reschedule the Programme on a date within six (6) months from the date of cancellation, we will refund all Fees received from you without further liability to you.
Participant’s Cancellation and Refund of the Programme
The following terms of cancellation shall apply to all requests for cancellation of the Programme by you:
- We will only accept cancellations that are made in writing.
- Participants may apply for a refund within 14 calendar days of the start date of the Programme. No refunds will be given thereafter.
- All refunds will incur an admin fee of 15% of the Programme fees.
- We are unable to refund the Programme fees, whether partially or fully, or offer a transfer, if you fail to attend any part of the Programme that you are booked into.
Mode of Refund
All refunds, if approved, will be made through your original mode of payment only.
It is a fundamental condition of this T&C that you comply with our Ground Rules as a participant of the Programme. The Ground Rules will be shared with participants nearer the start of the Programme.
While we take pride in our Programme, unexpected events do occur. Bailey Balfour reserves the right to cancel, interrupt, relocate, or reschedule any Programme or to modify any Programme content or the point value or weight of any assignment, quiz, or other assessment. The Programme is subject to the Disclaimers and Limitation of Liability sections below.
Availability of Service
We strive to provide the Programme content to you in a timely manner, throughout the duration of the Programme. To that end, we will take all reasonable efforts to provide uninterrupted access to the Programme to you.
In the event that the provision of the Programme is cancelled or interrupted by: force majeure, events beyond our reasonable control, by a death in the trainer’s family, illness of the trainer, Government edict or regulation, acts of God, power outages, acts of computer hackers and others acting outside the law, software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, third party system issues and other related reasons, we will take also all commercially reasonable steps to ensure that provision of the Programme is restored within a reasonable period of time.
If the relevant force majeure event persists for more than four (4) months starting from the first date of the Programme being interrupted or cancelled in relation to the event, this agreement between you and us will be automatically terminated. In that event, the Programme fees will be pro-rated/ refunded to your original mode of payment (client to advise if this is okay). For avoidance of doubt, We shall not be liable for any direct or indirect losses that You may suffer as a result of cancellation, interruption or rescheduling of the Programme
Disclaimer of Participant-Company Relationship
Nothing in these T&C or otherwise with respect to your participation in the Programme establishes any relationship between you and Bailey Balfour. We are independent contractors with respect to each other and nothing in this Agreement is intended to or shall operate to create any association, partnership, joint venture, employment or agency relationship of any kind between us.
During the Programme, you may share your content (“Participant Content – that is not personal data “), with Bailey Balfour, instructors, and/or other Participants. You retain all intellectual property rights in, and you are responsible for, the Participant Content you share.
Nothing in these T&C shall restrict other legal rights. We may have to Participant Content, for example under other licenses. We reserve the right to remove or modify Participant Content for any reason.
Bailey Balfour welcomes your suggestions, ideas, comments, and other feedback regarding the Programme (“Feedback”). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Bailey Balfour does not waive any rights to use similar or related Feedback previously known to Bailey Balfour, developed by its employees or contractors, or obtained from other sources. For avoidance of doubt, we will not be publishing your feedback without express consent.
We care about the security of our Participants. While we work to protect the security of your account and related information, Bailey Balfour cannot guarantee that unauthorized third parties will not be able to defeat our security measures.
The transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk and you agree not to hold us responsible for any breach of security while accessing the internet that is out of our control. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
We rely on third party provider systems and platforms in the provision of the Programmes. We cannot guarantee that their system is secure and that the data shared with us through the system will be secure or kept confidential.
Third Party Content
Through the Programme, you may access and/or use content provided by instructors, other Participants, and/or other third parties and links to websites and services maintained by third parties. These contents are provided on an as is basis. Bailey Balfour cannot guarantee that such third-party content will be free of material you may find objectionable or otherwise inappropriate or contains malware or other programs or codes that may harm your computer, mobile device, or any files therein. You accept that you access these contents at your own risk and Bailey Balfour disclaims any responsibility or liability related to your access or use of such third-party content.
Bailey Balfour is committed to maintaining the confidentiality of the participant’s personal information and undertakes not to divulge any of the participant’s personal information to any third party without the prior written consent of the student SUBJECT TO the obligation of Bailey Balfour to disclose to any government authority any information relating to the Participant in compliance with the law and / or to the organisation conferring / awarding the qualification / certification. For the full term of our privacy obligation please see here.
Intellectual Property Rights
We will disclose information relating to: our methodologies, ideas, know-how, techniques, systems and tools (“the Confidential Information”) for the purpose of the performance of the Programme and your personal development (“the Purpose”).
You undertake not to use the Confidential Information for any purpose except the Purpose, without first obtaining Our written agreement.
You undertake to keep the Confidential Information secure and not to disclose it to any third party.
The undertakings as written above apply to all of the information disclosed by Us to You (whether the same is marked confidential or not), regardless of the way or form in which it is disclosed or recorded but they do not apply to: a) any information which is or in future comes into the public domain (unless as a result of the breach of this Agreement); or b) any information which is already known to the You and which was not subject to any obligation of confidence before it was disclosed to You by Us.
You will, on Our request, return all copies and records of the Confidential Information to Us and will not retain any copies or records of the Confidential Information.
The undertakings this clause will continue in force for 3 years from the date of this T&C signing.
Intellectual Property, Licensing, and Derivative Works
We retain all intellectual property rights (including without limitation copyright, moral rights, design rights, trademarks and patents) whether the same is registered or not and all other rights in any Programme delivered and any other document, report, content or other materials that are provided to you in the performance of the Programme (“Our Materials”), but you shall have a non-exclusive limited license to use the same for personal development only.
You shall not directly or indirectly resell, distribute, adapt, create derivative work, register or attempt to register or in any way use Our Materials (and you shall ensure that any third party within your reasonable control do not resell or use Our Materials) in the Programme of any business activity. Reproduction or distribution of Our Materials we provide in the performance of the Programme is strictly prohibited.
Limitation of Liability
Nothing in these T&C shall limit or exclude our liability which cannot be limited in law. Our liability is limited to direct losses, damages, costs and expenses directly caused by our negligence (“Liabilities”) but subject always to the following exclusions and limitations as written below.
We will not be liable to you if the Liabilities are caused by the acts or omissions of any other person or due to the provision to us of incomplete, misleading or false information, if they are caused by a failure to act on our advice or a failure to provide us with relevant information.
We will not be liable to you for any delay or failure to perform our obligations under this T&C, unless otherwise expressly agreed. In any event, our maximum liability is limited to the amount of fees we have collected from you.
WE DO NOT GIVE ANY WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE THAT YOU WILL SUCCESSFULLY COMPLETE THE Programme, OR THAT ANY PARTICULAR LEVEL OF KNOWLEDGE WILL BE ATTAINED BY YOU BY THE PARTICIPATION IN THE Programme AND USE OF MATERIALS. BAILEY BALFOUR DISCLAIMS ALL AND ANY WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
In the provision of the Programme we may prepare information, reports, and other materials (“Information”). We give no warranty as to the completeness or accuracy of any Information we provide or with respect to any views and/or opinions expressed within such Information, whether or not our own.
Any views, opinions, or statements made by us whether in the Information or otherwise arising out of or in connection with the provision of the Programme are not intended to constitute legal, financial, or any other professional advice and should not be relied upon or treated as a substitute for specific professional advice relevant to the circumstances. We accept no responsibility for any views, opinions or statements made by us or from any reliance on any Information we provide during the Programme, which whilst given in good faith, are not professional views, opinions or statements, and are subject to change without notice.
Law and Jurisdiction
This Agreement shall be governed and construed in accordance with the laws of Singapore. Generally, any dispute arising from or in connection to this agreement shall be resolved by arbitration in Singapore.
Where a dispute relates to the intellectual property belonging to Bailey Balfour, or the existence, validity, applicability, or termination of these T&Cs, parties may refer the dispute to the court of competent jurisdiction.
All words and expressions in these terms and conditions expressed in upper case shall carry the same meaning as those words defined in brackets. Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa. The headings contained in these terms and conditions are for convenience only and do not affect their interpretation and all references to legislation shall include any subsequent amendments or variations and including implementing regulations made from time to time.
Revisions to the Terms
Bailey Balfour reserves the right to revise these T&C at its sole discretion at any time. Any revisions to the T&C will be effective immediately upon posting by Us. For any material changes to the T&C, we will take reasonable steps to notify you of such changes.
If it turns out that a particular provision of these T&C is illegal, invalid, or otherwise unenforceable by reason of the laws of Singapore, where these T&C are intended to be effective, such provision shall be severed and deleted, and the remaining T&C shall survive and continue to be binding and enforceable.
If the Participant does not comply with these T&C, and Bailey Balfour does not take immediate action, this does not indicate that the We relinquish any rights that it may have (such as taking action in the future).