This privacy statement discloses the privacy practices for The Balance Sheet Surgery LLP, Behind the Balance Sheet and related companies and affiliates, trading as Behind the Balance Sheet (details below). We do not store credit card details nor do we share customer details with any 3rd parties. We may maintain mailing lists for marketing purposes and these are stored by a third party mailing list specialist. We may retain your details to identify the purchasers of our reports and to send you marketing literature. It is important for you to review this Privacy Policy.
Information Collection and Use
The Balance Sheet Surgery LLP is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others outside the Behind the Balance Sheet group, nor shall we use it other than in the ways disclosed in this statement. The Balance Sheet Surgery LLP collects information from users at several different points on our sites.
Web Site Registration
In order to use some features of this website, users may first be required to complete a registration form. During registration, users are required to give their contact information (name and e-mail address). This information is used to contact users about the topics on our site where they have expressed interest (or not opted out) and to enable users to retrieve lost passwords. It is optional for the user to provide certain additional information.
Users registering with our online school may opt out of emails from our platform partner, but are automatically signed up to our newsletter. They can of course opt out at any time.
Cookies
BehindtheBalanceSheet.com and related sites use cookies to remember if users have logged in while on our sites. This allows web site users to avoid logging in more than once, thereby saving time. Users have the option of disabling or not accepting cookies by changing the preferences on their browsers*. If users opt to disable cookies, they will still be able to use our Web site. However, they may not be able now or in future to use certain functionality. No personally identifiable information (e-mail address, name, etc.) is collected with the cookies that we set. Accepting cookies while on our sites will not put the user at risk of receiving marketing from other sites.*Different browsers have different cookie settings. See the “Help” section of your particular browser for more information on working with cookies.
Web Statistics
We may use IP addresses to analyse trends, administer the site, track user movement, and gather broad demographic information for aggregate use for reporting and potentially advertising and sponsorship purposes. IP addresses are generally not linked to personally identifiable information, with the exception of our online training school where we may track IP addresses in order to identify copyright theft when a course is shared by multiple users.
Sharing
We may share aggregated demographic information with business affiliates, for example advertisers. This is not linked to any personal information that can identify any individual person. We will not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. However, in order for us to offer our services to our users; enhance the quality of our service from time to time; and protect the interests of our users, we will in limited circumstances share some of your personal information with third parties under strict restrictions, as described in more detail in the section “Our Use and Disclosure of Information”.
Our Use and Disclosure of Information
Internal Uses: The data we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services, such as our online training school. By submitting your personal data, you agree to this transfer, storing or processing. The Companies will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. Our primary purpose in collecting personal information is to provide you with an efficient experience. You agree that we may use your personal information to provide the services and customer support you request; tailor and improve our services and the content and layout of our website; and where users have opted in, potentially to deliver targeted marketing.
Marketing: If you don’t wish to receive marketing communications from us you can opt out on registration, follow the unsubscribe links in the marketing email or contact us at info@behindthebalancesheet.com with a request to unsubscribe. We take your privacy seriously.
Disclosure to Third Parties: We will not sell or rent any of your personal information to third parties for their marketing purposes without your explicit consent, and will only disclose this information in the limited circumstances and for the purposes described in this policy.
Links
This Web site contains links to other sites. Please be aware that we do not claim any responsibility for the privacy practices of such other sites. We encourage our users to be aware when they leave our sites and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site. Where we send you to another site, we may collect affiliate fees if you make a purchase.
Security
This Web site takes every precaution to protect our users’ information, and we have security measures in place to protect the loss, misuse, and alteration of the information under our control. For example, users’ passwords are stored in encrypted form.
Surveys
Occasionally, our site may request information from users via Web surveys. Participation in these surveys is voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include demographic data (such as employment or age), but nothing that can identify any individual person will be collected. Survey results may be used for monitoring or improving the use and satisfaction of this site.
Send This to a Friend
If users elect to use any “Send This to a Friend” or similar function, you agree that you must first obtain the consent of the relevant individual before sending your friend’s name and e-mail address. The Balance Sheet Surgery LLP may automatically send colleagues a one-time e-mail message inviting them to visit the site. The Balance Sheet Surgery LLP stores this information temporarily for the purpose of sending this one-time message.
Updates
We may also send the user site and service announcement updates, or notices concerning a report, presentation, app or visualisation which they have purchased, where for example we have identified an error in the data. Users are not able to unsubscribe from service announcements that contain important information about the service. We communicate with users to provide requested services and to discuss issues relating to the site via e-mail.
Correction/Updating Personal Information
If a user’s personally identifiable information changes (such as a postcode or e-mail address), or if a user no longer desires our service, you should notify us as soon as possible.
Choice/Opt-in
Our users are given the opportunity to “opt in” to newsletters and site update e-mail messages. To unsubscribe from mailings, please see that section above. To unsubscribe from any updates, users can email info@behindthebalancesheet.com and we shall remove them from the relevant marketing list.
Notification of Changes
If we decide to change our privacy policy, we will post a comment on this page that the policy has changed so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by e-mail. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.
Customer Service Correspondence: If you send us correspondence, we generally retain such information in our records and in the records of your account. We will also retain customer service correspondence and other correspondence from the Companies to you. We retain these records in order to keep records of our relationship, to measure and improve our customer service, and to investigate potential fraud and contraventions of our User Agreement.
Legal
Website terms of use
Access to this website (the “Site”) is provided by ”The Companies”, details of which can be found at the end of this section.
This website offers reports for sale, online training courses and subscription and other services which are the subject of specific agreements. By purchasing a report from us or subscribing to any current or future services, products, applications, and/or data made available on or through the Site you agree to be bound by these terms and conditions (the “Agreement”).
Access to the Site including the webpages, reports, data, images, charts, logos and all other material contained herein (the “Information”) is therefore provided to you subject to the following terms and conditions.
The Companies reserve the right to make changes to the Site or the terms of this Agreement at any time, at its sole discretion. Your continued use of the Site shall constitute your acceptance of the then-current Agreement, even if you have not confirmed acceptance of the changes.
In the following paragraphs references to “Behind the Balance Sheet”, “FootyFinance” and “the Balance Sheet Surgery LLP” shall include our employees and affiliates, where appropriate. The Sites and related reports and services are not directed to, or intended for distribution to or use by, any person or entity who is a citizen or resident of or located in any jurisdiction where such distribution, publication, availability or use would be contrary to law or regulation or which would subject the Companies to any licensing or registration requirement within such jurisdiction.
Under no circumstances are the contents of the Site and related reports and services to be construed as any offer, or any solicitation of an offer to buy or sell investments or other financial instruments, products or services. The Information in the Site and related reports and services is provided to you for information purposes only, and you hereby acknowledge that access is provided solely in that connection and not in connection with any investment decisions.
This Site does not take into account your investment objectives or your specific financial or other circumstances and does not constitute any form of recommendation.
The Companies may have distributed information contained in the Site prior to its publication on the Site. The Companies, their employees or affiliates may perform services for or solicit business from companies referred to in reports or in subscription services.
The opinions, estimates and other information in our reports and contained on the Site have been derived from published sources, primarily UK statutory accounts and other generally available data, that we believe to be generally reliable.
The Companies have made best endeavours to produce information that is accurate and useful to the reader. We make no representation or warranty of any kind, either express or implied, as to the accuracy or completeness of the opinions or other information or the reliability of the sources and data. The opinions and other information on this report are provided “as is”. The Companies are under no obligation to update the opinions and other information, correct any errors or omissions, or inform you of any errors or omissions. We maintain the right to alter or delete the opinions and other information in this report without prior notice.
No action should be taken on the basis of information contained in this report and anyone contemplating such action should verify the information presented here with the company in question. The Companies are not liable for any loss, financial, reputational or otherwise, as a result of the contents of, or any reliance placed upon information contained on this Site or in any report. Any errors identified and reported to the Companies will be investigated and rectified.
Examples in our blogs, training courses, and other materials are not intended as investment recommendations and should not be relied on as such. Investors should do their own research and we are not responsible for any losses, whether sustained as a result of following a perceived recommendation in our materials, or following our recommended research approaches. We do not guarantee that the research framework we follow will work, and clearly no approach will be universally applicable. Investors are advised to do their own research and not come crying to us when they lose money.
We make no guarantee that the Site and related reports and services will be delivered, accessible or updated in a timely or uninterrupted form, nor that viruses or other harmful items will not be transmitted in connection with your use of the Site.
The Site may not be used for any unlawful purpose. You have no right to copy, modify, distribute, reproduce, publish, license, transfer, or sell any Information obtained or accessible through the Site or reports sold from the site.
Information obtained or accessed from the Site or from reports sold from the site is for your informational purposes only and shall not be copied, transferred, merged, sold, emailed, sublicensed, extracted, reproduced, published, distributed, disseminated, reposted, displayed, reformatted, or combined for any purpose in any medium, form or manner, for use by a third party or any commercial purpose, except with the prior written consent of The Companies. The Site may not be mirrored, scraped, mined or otherwise accessed by equipment, software or other means which facilitate anything other than direct, individual, in person, non-automated use by you. For the avoidance of doubt, no Information obtained or accessed from or through the Site or via reports sold from the site may be posted to forums, newsgroups, mailing lists, electronic bulletin boards or other websites without the prior written approval of The Companies.
You agree to cooperate and comply with all investigations of abuse, complaints, third party infringement or any other unauthorised access of the Site and/or Information.
Privacy: Please see our Privacy Policy for information on how we collect and use personal data.
Links to Other Sites: While we have reviewed the websites to which this Site may link at the time of the link’s creation, such links are not subject to continuous maintenance, and we are not responsible for the content of any other websites or pages linked to or linking to this Site. Such links are provided solely for your convenience and information. Following links to any other websites or pages shall be at your own risk. We may receive affiliate fees for sending you to another site, or commission in relation to purchases you may make on such sites. We are a member of Amazon Affiliates programs, for example, and when we link to an Amazon site, we may receive an affiliate fee if you make a purchase.
Limitation of Liability and Indemnity: Neither the Companies nor any of their employees, officers, agents or affiliates will have any liability to you for any loss, expense, cost or liability (together “Loss”) suffered by any person, arising from reliance upon any information, statement or opinion contained in any information provided to you (whether such Losses are caused by our or their negligence or otherwise).
Without prejudice to the preceding paragraph, neither the Companies nor any of their employees, officers, agents or affiliates shall be liable for any Loss suffered or incurred by you arising out of or in connection with Behind the Balance Sheet Ltd’s or The Balance Sheet Surgery LLP’s relationship with you, unless such Loss is suffered or incurred as a result of Behind the Balance Sheet Ltd’s or The Balance Sheet Surgery LLP’s wilful default or fraud. In no circumstances shall Behind the Balance Sheet Ltd or The Balance Sheet Surgery LLP have any liability to you for indirect, consequential or special losses and damages.
Nothing in this Agreement shall oblige The Companies to act in contravention of applicable laws, regulations, directions of authorities or regulators, market customs or practices. You accept that The Companies are entitled to take such action or omit to take such action in accordance with those applicable laws, regulations, directions, customs and practices and shall not be liable to you for the consequences of so doing.
Confidentiality: The data contained in the reports sold from this site are confidential and you are permitted by the terms of this Agreement, to use this data for your personal and business requirements. The redistribution of this data in any form is absolutely forbidden without the prior written consent of The Companies. An extension of this license is available on request from info@behindthebalancesheet.com for an additional fee.
Illegality: If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of this Agreement under the law of that jurisdiction nor the legality, validity or enforceability of such provisions under the law of any other jurisdiction shall be in any way affected.
Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of England and Wales. You hereby agree that the courts of England shall have exclusive jurisdiction to determine any suit, action or other proceedings relating to this Agreement. You hereby waive any claim that such suit or proceeding brought in the courts of England and Wales has been brought in an inconvenient forum, and agree that you will not bring any legal action against the Companies or its affiliates in any other jurisdiction.
The Companies in this agreement are Behind the Balance Sheet Ltd of 109 Cork St Dublin 8, Eire, Co Nr 672643 and The Balance Sheet Surgery LLP of 8 Hermitage St, London W2 1BE, England, Co Nr OC379368, (VAT nr 150719030), emails info@behindthebalancesheet.com, collectively the Companies or the Behind the Balance Sheet Group. It includes affiliated companies, such as April Strategy LLP, Ochre Securities Limited and Dryburgh Research Ltd. The Balance Sheet Surgery publishes material under the identities Behind the Balance Sheet, Footy Finance, Balance Sheet Training, The Smart Money Method and Beyond the Balance Sheet, some of which are either trademarked or trademarks have been applied for. Where you deal with one of these identities, the legal relationship is with The Balance Sheet Surgery LLP or in the case of online training courses, Behind the Balance Sheet Ltd.
Legal
Terms & Conditions of Business
By placing an order on BehindtheBalanceSheet.com or on FootyFinance.com or related sites such as Eventbrite.com, or by settling an invoice from us, you are placing an order with either The Balance Sheet Surgery LLP of 8 Hermitage St, London W2 1BE, England (Company Number OC379368, VAT nr 150719030), or with Behind the Balance Sheet Ltd of 109 Cork Street, Dublin 8, Eire (Company Number 672643) and you will be entering into an agreement between you and us on the basis of the general terms and conditions set out in this document, which are applicable to all orders placed with Behind the Balance Sheet (and Footy Finance or other affiliates/brands which we may create from time to time), and any additional terms specific to your agreement, which will be set out in our agreement as notified to you. By placing an order with us, you agree to be bound by our Website Terms of Use, Privacy Policy, Reports Disclaimer and by these Terms and Conditions of Business. By purchasing a report, online training course, in person training course, or other service, from us, you certify that you are aged 18 or over. Our email address is info@behindthebalancesheet.com.
Definitions & Interpretation
In this agreement, the following words or expressions shall have the following meanings:
“Intellectual Property Rights” means all and any intellectual property rights of any kind including domain names, copyrights, trademarks, design rights, visualisation methods, database rights, patents, models, business names, , service marks, technical and commercial information and know-how, software and data licences and all other proprietary rights in relation to information and intellectual property as may exist anywhere in the world, whether registered or not, together with applications for any such rights;
“Materials” means Research Reports, Presentations, Animations, Apps, Videos, Quizzes, Web Pages, Training Materials, Company Information and any other information that we provide or make available to you in the course of supplying a Service including any data, editorial, graphics, videos, visualisations, screen shots and computer files. In addition this includes any hardcopy or softcopy output which may be obtained from our Services;
“Charges” are the fees and charges payable by you to us in accordance with this agreement;
“Order” means an offer to purchase Services, Goods, Apps, Online Training Courses, or Reports;
“Order Form” means all information entered onto the Website by you in the process of placing an Order online, via email or otherwise provided by you and compiled by us into an order form.
“Party/parties” means you and/or us as the context requires;
“Service(s)” means the provision of the Behind the Balance Sheet range of Industry Research Reports, Footy Finance materials and/or the provision of other, services such as consultancy or training.
“Terms” means the terms and conditions set out in this document and the additional terms set out on your Order Form;
“We”, “us” or “our” refers to The Balance Sheet Surgery LLP of 8 Hermitage St, London W2 1BE, England, Co Nr OC379368, email info@behindthebalancesheet.com, VAT nr 150719030)
”Webinar” means an online video meeting or similar conducted by Behind the Balance Sheet. “Website” means the website from which The Companies make the Services available (which at the commencement of the agreement is at behindthebalancesheet.com or footyfinance.com)
“You” or “your” refers to the person or company named as the customer on the Order Form.
The word “including” where used in this agreement means “including but not necessarily limited to”. This agreement governing the supply of services, data, visualisations, presentations, apps, research reports and other materials together with our Website Terms of Use constitute the full and entire agreement between the Parties regarding its subject matter. They supersede any and all express or implied agreements or understandings between the Parties concerning the Services. The terms of this agreement are severable and if any one or more of them is held illegal or invalid the remainder shall continue in full force and effect.
Grant of Licence
When you purchase a report, presentation, app, visualisation, training course, webinar, newsletter subscription or service from the site, on approval of your debit or credit card, the Companies will generally immediately (and in the case of technical problems will as soon as possible) send you a view-only password protected PDF containing the report you have purchased, or give you access via a password or otherwise to a secure page within our sites or on an external site to view the material purchased. The Companies grant a non-exclusive, non-transferable and non-assignable licence to access the materials purchased for your personal use as the Authorised User. You are licensed only to use this product or service personally and you are specifically precluded from sharing any part of it with any other party.
In the case of a webinar, we shall notify you of the login which is exclusively for your sole use. You may not invite others to attend the webinar with you, nor may you share the login details, nor may you record the webinar or meeting and allow others to view. If we find that our sole use entitlement restriction (which similarly applies to online training courses) has been breached, we shall pursue the purchaser for additional fees, for a minimum of 5x the original cost in the case of a personal breach of this clause and in the case of a breach by a corporate entity, we shall assume that the materials have been made available to the entire front office or equivalent and shall seek the equivalent payment. We are serious about the protection of our IP and the collection of payment for the use of our material. The same policy applies to our online courses. If this breach occurs as a result of an academic or corporate body seeking to copy and use any of our training materials for their own purposes, we shall similarly pursue them for revenue foregone. Academics may apply to use specific content for educational purposes but may not do so without prior emailed authorisation. Similarly, your purchase of a newsletter subscription does not give any right to use the paid content without our express permission.
The rights may only be exercised by you as the Authorised User, using the unique password assigned to each report, visualisation or webpage, provided by us. Passwords are confidential and may only be used by you as the Authorised User. Under no circumstances can any of the Materials be relied upon for any Investment purposes or for the purposes of gambling or spread betting.
The Materials are for your own personal use only. This licence permits use of Materials by you in relation to your own services, but does not include use of Materials in any product or service that you supply. The purchase of Materials does not license you to share this information. The redistribution of this data in any form is absolutely forbidden without the prior written consent of The Balance Sheet Surgery LLP or Behind the Balance Sheet Ltd. An extension of this license is available on request from info@behindthebalancesheet.com for an additional fee. Violations of this exclusive personal use will be pursued and we shall seek a minimum of £5,000 for any such breach and in certain cases, upwards of £100,000.
Under no circumstances are you allowed to give access to our training courses to any other person. We may interrogate our data to identify user ISP addresses and you are required to disclose where you have accessed our materials. In the event that you have shared a training course with another individual, we reserve the right to charge a penalty for abuse of our agreement of 10x the retail price of the course, or more in certain circumstances.
You may not use the Materials in connection with providing advice or recommendations to others, other than for verification with the company concerned, or publish any of the same in the news media, incorporate the same in any database or marketing list for use by a third party, or use the same to perform any statistical analysis or benchmarking comparison without the written consent of Behind the Balance Sheet.
The Materials should not in whole or in part be copied, distributed or shared either physically or on social media. Sharing our materials on Twitter and similar media may reduce the value of our offer to potential customers, and we may ask you to compensate us for lost income.
The Materials specifically may not be used in connection with the promotion of any investment product or gambling product, nor in connection with any financial promotion of any nature. You agree to comply with the Behind the Balance Sheet fair use policy (which also applies to FootyFinance.com), which is set out as follows and may be amended or re-published on the web-site from time to time:
Fair Use policy: You must not copy or in any other way reproduce information obtained from The Balance Sheet Surgery. You may not aggregate that information, use it to supplement any third party data, or adapt the visualisation using different input data.
You must not use information obtained from Behind the Balance Sheet as a factor in establishing an organisation’s suitability for investment, employment, spread or other betting, or operational competence or any other dealings, without first verifying the information with the organisation concerned.
You may not voluntarily use or disclose any part of the Materials in legal proceedings without The Balance Sheet Surgery s’ express written consent, which will not be unreasonably withheld.
All Intellectual Property Rights in the Materials are and shall remain the exclusive property of the Companies and you will not acquire any rights in any of the Materials apart from the licence explicitly set out above.
No refunds will be available. If you have purchased a report and have a query please contact us at info@behindthebalancesheet.com, but we do not guarantee a satisfactory or timely response. The no refund policy also applies to in person training courses. We may at our discretion offer a place on a subsequent course should there be places available, if attendees are unable to make it on the day. Reservation of a place obliges you to pay.
For in-house courses, we shall endeavour to accommodate clients’ changing needs, but we reserve the right to charge a cancellation fee of £1000 for notice over one month, of 50% of the agreed fee within one month of the course start date and 90% of the fee within 7 days of that date.
For online courses, we generally operate a money back guarantee, if a customer is not satisified within a reasonable timeframe. We require an explanation as to why you are dissatisfied, in order to improve the content for future participants. We will also take into account the volume of content consumed, so please do not complete the entire course and then ask for your money back because the content was not appropriate. If we have extended a discounted offer of over 25% off, usually for some special purpose or promotion, we do not offer a similar guarantee.
Payments: Where we provide you with a service on a subscription basis or consultancy services on an invoiced basis, or supply you with a report on an invoiced basis, you agree to pay us the Charges by the date specified in the Order, failing which we shall suspend provision of the Service; in addition, in the event of late or non-payment, we reserve the right to add an additional administration fee of 20% of the invoice amount. For invoices of under £500, we shall add an administration fee of £100 + VAT.
Competitions: We may offer prizes in promotioonal competitions. An entry into a competition guarantees you a fair chance to win the prize, but our decision is final. We reserve the right to alter competition terms and will not engage in correspondence about results.
Tracking: Our reports and other products, including training materials used in our training site and on third party training sites, are designed each to contain a unique hidden code that allows our software suppliers to identify the original purchaser. This is in order that we can identify the source of reports published externally in violation of the terms of this agreement. By purchasing a report, presentation, app, training course, subscription or visualisation, you agree to compensate us for any breach of the restricted usage terms of this agreement.
Claims: If for any reason the Companies are assessed to have any liability to you under or in connection with this agreement, our maximum liability to you in respect of any loss, shall not exceed in aggregate a sum equivalent to the Charges, or the sum of £10,000, whichever is the greater.
The Companies shall not be liable to you for any loss of profits, revenue, business, goodwill, anticipated savings, reputation, data, losses incurred by third parties or any type of special, indirect or consequential loss, even if such loss was reasonably foreseeable or the possibility of it had been advised to us.
Notwithstanding the above or any other provision of this agreement, the Companies do not seek by the terms of this agreement to exclude or limit its liability to you or any third party by fraud, or any wilful act calculated to cause you or others harm or loss.
Where you purchase from us a place on a training programme, you acknowledge that we have taken all reasonable steps to ensure that the event will be held in a secure public space, either a hotel, a serviced office or similar, and that we have no further responsibility in respect of your personal safety and security, that being the responsibility of the owner of the premises which we have rented for the occasion.
Data Protection: The Companies undertake at all times to conform to all relevant principles and regulations governing the holding and processing of personal data obtained.
Indemnity: You agree to indemnify, defend and hold harmless the Companies and affiliates from any claim or cause of action against any of them arising out of or relating to use of information obtained by you from the Services by any person not authorised to have access to it or in any manner not permitted under the terms of this agreement.
General
This agreement, or the benefit of it, may not be assigned to or put to the use of any third party by you without our written consent. An extension of this license (for example, to allow additional users) is available on request from info@behindthebalancesheet.com for an additional fee.
All notices served under this agreement must be in writing. A notice shall be validly served if sent during a Working Day by e-mail to the e-mail or postal address of the recipient shown on the Order Form, for the attention of the recipient’s principal contact shown on the Order Form or as otherwise notified to the other for the purpose, provided that a notice served by e-mail is also posted within two Working Days thereafter. A notice served by e-mail, subject to postal confirmation, shall be treated as served on the day of transmission, or if that is not a Working Day, on the next Working Day and a notice served by post alone shall be treated as served two Working Days after posting.
You agree to indemnify The Companies and its employees, officers, agents and affiliates and keep them indemnified in respect of any losses, costs, claims, damages and expenses (present, future, contingent or otherwise and including reasonable legal fees) which arise as a result of or in connection with:
(a) your breach of this Agreement; or
(b) your use of the Site and the Information,
save where such losses, costs, claims, damages or expenses arise as the result of any of the Companies’ negligence or fraud.
Neither the Companies nor any of its employees, officers, agents, contractors or affiliates will have any liability to you for any loss, expense, cost or liability (together “Loss”) suffered by any person, arising from reliance upon any information, statement or opinion contained in any information provided to you (whether such Losses are caused by our or their negligence or otherwise).
Without prejudice to the preceding paragraph, neither the Companies nor any of their employees, officers, agents, contractors or affiliates shall be liable for any Loss suffered or incurred by you arising out of or in connection with Companies’ relationship with you, unless such Loss is suffered or incurred as a result of The Companies’ wilful default or fraud. In no circumstances shall the Companies have any liability to you for indirect consequential or special losses and damages.
Nothing in this Agreement shall oblige the Companies to act in contravention of applicable laws, regulations, directions of authorities or regulators, market customs or practices. You accept that the Companies are entitled to take such action or omit to take such action in accordance with those applicable laws, regulations, directions, customs and practices and shall not be liable to you for the consequences of so doing.
Confidentiality: The data contained in the reports and other services sold from this site are confidential and you are permitted by the terms of this Agreement to use this data for your personal requirements. The redistribution of this data or visualisation in any form is absolutely forbidden without the prior written consent of The Companies. An extension of this license is available on request from info@behindthebalancesheet.com for an additional fee.
By contracting with us to provide a service to you, you agree that we can use your name as a client in our marketing materials, including on our website and printed and electronic brochures. Where we are given feedback, we may again use that in our materials. We may wish to use your company logo in these materials. If you prefer that we do not do so, please inform us and issue a confidentiality agreement or NDA which we shall of course respect.
Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of England and Wales. You hereby agree that the courts of England shall have exclusive jurisdiction to determine any suit, action or other proceedings relating to this Agreement. You hereby waive any claim that such suit or proceeding brought in the courts of England and Wales has been brought in an inconvenient forum, and agree that you will not bring any legal action against the Companies or its affiliates in any other jurisdiction.
Illegality: If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of this Agreement under the law of that jurisdiction nor the legality, validity or enforceability of such provisions under the law of any other jurisdiction shall be in any way affected.
Contact Details
Please email info@behindthebalancesheet.com.
Legal
Disclaimer
This has been produced by The Behind the Balance Sheet Group, consisting of The Balance Sheet Surgery LLP whose registered office is 8 Hermitage St, London W2 1BE, England, Co Nr OC379368, VAT registration 150719030 and Behind the Balance Sheet Limited whose registered office is at 109 Cork St, Dublin 8 , Eire, Co Nr 672643 , (collectively, the Companies). Our email is info@behindthebalancesheet.com. The companies are unregulated entities, and although partners, directors and employees may from time to time be regulated by the FCA and similar bodies, this is not to imply that the partnership or the company is regulated. In the following paragraphs references to “The Balance Sheet Surgery” shall include employees and affiliates of The Balance Sheet Surgery LLP, where appropriate.
This disclaimer applies to content on this website, on our social media channels including our podcast, YouTube channel, content on Twitter, Facebook, Instagram, LinkedIn, Reddit, Quora and other channels from time to time, including partner websites, podcasts, video interviews, web and magazine articles and other similar content, and training materials hosted on other websites, including client websites, and partner websites in the UK and internationally.
This report, visualisation, training course, subscription, training materials, webinar, app or presentation, or other materials (collectively “the report”) is not directed to, or intended for distribution to or use by, any person or entity which is a citizen, resident of, or located in any jurisdiction where such distribution, publication, availability or use would be contrary to law or regulation or which would subject the Companies to any licensing or registration requirement within such jurisdiction.
Under no circumstances are the contents of this report to be construed as any offer, or any solicitation of an offer to buy or sell investments or other financial instruments, products or services, or to engage in any gambling activity. The Information in this report is provided to you for information purposes only, and not in connection with your making any investment or gambling decisions, and does not take into account your specific investment objectives, your specific financial or other circumstances, and nothing herein constitutes a personal recommendation.
The Companies, their officers, partners, employees or affiliates may perform services for or solicit business from companies referred to in this report. We shall seek to minimise any conflicts of interest that may arise.
The opinions and other information contained in this report have been derived from published sources, the Companies believe to be generally reliable. The Companies are aware of potential errors in some of the statutory accounts that it has used in compiling this report. Wherever possible, the Companies make best endeavours to produce accurate and reliable information. The Companies make no representation or warranty of any kind, either express or implied, as to the accuracy or completeness of the opinions or other information contained in this report or the reliability of the sources. The opinions and other information in this report are provided “as is”. The Companies are under no obligation to update the opinions and other information, correct any errors or omissions, or inform you of any errors or omissions. The Companies maintain the right to alter or delete the opinions and other information in this report without prior notice.
No action should be taken on the basis of information contained in this report and readers considering any action should check our information with the relevant company. The Companies are not liable for any loss, financial, reputational or otherwise, as a result of the contents of, or any reliance placed upon this report. Any errors identified and reported to the Companies will be investigated.
This report may not be reproduced, re-represented, distributed or published in whole or in part, or by any means, by any person or for any purpose without the Companies’ prior written consent. Requests for such consent should be e-mailed to info@behindthebalancesheet.com and where consent is given, the name Behind the Balance Sheet must be quoted each time and the website www.behindthebalancesheet.com noted.
This report is licensed for the recipient’s personal use. An extension of this license is available on request from info@behindthebalancesheet.com for an additional fee. This report may be password protected and may contain a code which identifies the original purchaser. If the Companies encounter infringements of this redistribution restriction, they intend to pursue the original purchaser for any loss suffered by The Companies, whether directly or indirectly, as a result of the infringement as well as for damages.
Our training and promotional materials may contend that a company has potentially overstated its financial performance or prospects. We offer no warranty as to the accuracy of such claims, and we reserve the right to hold positions in securities mentioned in our training materials and research. None of our training products or research reports are intended as a recommendation to trade in securities and any such trade should be carried out after doing your own work. We define aggressive accounting on a subjective scale based on our analytical experience, but any such attribution is purely a matter of opinion and we advise investors to consult with the relevant company to get their opinion. We may have missed a particular feature of the company’s business or an accounting rule or rule change in a jurisdiction, and cannot be held responsible if the company or other analysts have differing opinions.
The Companies from time to time may compile various lists of top participants within selected industries. Rankings are attributed on various criteria, entirely at our discretion. In some of the industries we research, there are unincorporated bodies (for example partnerships which do not have limited liability) which are substantial organisations,but whose financial status is private. Accordingly, any such rankings are explicitly restricted to those entities for which published data is available.
Our rankings represent our best estimates of firms’ relative positions but are not intended to be indicative of the quality or otherwise of a firm and the rankings take no account whatsoever of a firm’s quality or reputation, and they therefore should not be regarded as any form of recommendation whatsoever of the companies’ abilities to perform in a football league or a courtroom or any other field of endeavour. The rankings should not therefore be relied upon for investment or gambling purposes.
When you purchase an online training product from us, your counterparty is Behind the Balance Sheet Ltd. When you purchase a report, in person training course, or other product from us, your counterparty is The Balance Sheet Surgery LLP. Registered offfices, company numbers and VAT registration are all noted above. Contact us at info@behindthebalancesheet.com.
Our podcasts (which include audio podcasts, video interviews broadcast on our websites and YouTube channels and other media, and recorded and live webinars) are intended for education, information and entertainment. They are specifically not intended to be investment advice. We do not know who our listeners are and we are therefore obviously unaware of their personal circumstances. The podcast is produced and distributed by Behind the Balance Sheet Ltd and we are not responsible for guests’ views, opinions or statements. We do not vouch for the accuracy of any comments made on the podcast and will not be held responsible for any loss, reputational damage or financial expense incurred as a result of a podcast episode. We only invite guests whom we consider appropriate and we make reasonable efforts to ensure that comments are not offensive or misleading but we are not responsible if one of our guests causes a listener reputational or financial damage and the matter should be taken up directly with the guest. Similarly, we shall not be held responsible for any indirect loss or damage from voicing our reasonably held opinions on the podcast.
Consumers of this content should be aware that Stephen Clapham, the Balance Sheet Surgery LLP, Behind the Balance Sheet Ltd, our group and affiliated companies, as well as podcast guests and interviewees, may have a direct or indirect economic interest in companies discussed. We may own shares in these companies or related companies. Similarly, we may have short or derivative positions. We may have an indirect economic interest, for example having recommended the shares or being in potential receipt of a payment related to the performance of a stock or company.
You should assume that we and our guests may have a vested interest and you should always do your own research and never invest on the basis of the content of our materials which does not constitute any form of advice, recommendation, representation, endorsement or other arrangement.