1. DEFINITIONS AND INTERPRETATION
1.1These Terms and Conditions ("Terms") constitute the entire agreement between BCCR
and you and govern all provision of the Services. No other terms or conditions shall apply
unless expressly agreed in writing by a duly authorised representative of BCCR.
1.2"BCCR" means BCCR Ltd, a company registered in England and Wales, trading as Belief
Coding®. References to "we"
,
"us" or "our" are references to BCCR.
1.3 BCCR reserves the right to amend these Terms by giving you not less than ten (10)
Business Days’ prior written notice of any such amendments. Amendments may be
made to reflect changes in law, regulation or commercial practice, to correct errors, or to
improve clarity and consistency.The amended Terms shall take effect on the date stated
in the notice. Your continued access to or use of the Services on or after that effective
date shall constitute acceptance of the amended Terms. If you do not accept the
amended Terms, you must notify BCCR in writing before the effective date. In that event,
either party may terminate these Terms in accordance with clause 9.3, and any
consequences of termination (including any entitlement to refunds, if any) shall be
determined strictly in accordance with clause 7 and clause 9.
1.4 In these Terms, unless the context otherwise requires, the following definitions
apply:
"Business Day"means any day other than a Saturday, Sunday or public holiday in
England and Wales.
"Claim"means any claim, demand, complaint, action or legal proceeding.
"Consumer"means an individual acting wholly or mainly outside their trade, business or
profession (as defined under the Consumer Contracts (Information, Cancellation and
Additional Charges) Regulations 2013).
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"Client" means an end client or customer to whom you provide services in your own
business (including where that end client is a consumer, client or customer of yours).
"Confidential Information"has the meaning given in clause 13.1.
"Content"means all course materials, recordings, documents and resources provided as
part of the Services.
"Customer Data"means any personal or client data submitted or shared through the
Services.
"Discloser"means the party disclosing Confidential Information.
"Facilitator"means a participant enrolled in or certified through the Belief Coding®
Facilitator Programme at the standard Facilitator level.
"Master Facilitator"means a participant who has completed the advanced Master
Facilitator certification within the Belief Coding® programme.
"Recipient"means the party receiving Confidential Information.
"Services"means the training programme, digital materials, sessions and related
support provided by BCCR, as further described on BCCR’s website from time to
time.
"Terms"means these Terms and Conditions as amended from time to time in
accordance with clause 1.3.
2. THE COURSES AND THE SERVICES
2.1The Services are provided for your sole personal and professional benefit as a Facilitator
or Master Facilitator. You must not replicate or disclose the Content to any third party
except as expressly permitted under these Terms. BCCR shall not be liable to any
person for any disclosure, use or reliance in breach of this clause.
2.2You are not permitted to repurpose or repackage the Content into any separate product
or service which you then sell or otherwise supply to others as a standalone offering. For
the avoidance of doubt, and subject to clause 3.4, your use of the skills and knowledge
acquired through the Services when delivering services to your own clients in
accordance with these Terms is expressly permitted and does not constitute a breach of
this clause.
3. YOUR RESPONSIBILITIES
3.1You agree not to use, attempt to use, or allow the Services to be used in any way that:
3.1.1results in a breach of any law, order or regulation (including any applicable foreign
law, order or regulation), mandatory code of conduct or voluntary code of conduct;
3.1.2results in, or could result in, damage to property or injury to any person;
3.1.3is used to harass, menace or stalk any person;
3.1.4involves posting, linking to or transmitting any material that is unlawful, threatening,
libellous, racist, abusive, malicious, defamatory, obscene or pornographic, that
contains a virus or other hostile computer program, that constitutes or encourages
the commission of a criminal offence, or that infringes any intellectual property right
or other right of any person under any applicable law;
3.1.5interferes with or attempts to interfere with the integrity or proper functioning of the
Services;
3.1.6fails to observe any procedures that BCCR may from time to time prescribe for use
of the Services;
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3.1.7is, in the reasonable opinion of BCCR, detrimental to other Facilitators or Master
Facilitators;
3.1.8places on, or transmits via, the internet any misleading or deceptive business or
marketing practice;
3.1.9constitutes a misuse of BCCR’s or any other person’s confidential information;
3.1.10results in a breach by you of any obligation you owe to any third party;
3.1.11solicits Facilitators, Master Facilitators or other individuals to become facilitators or
practitioners of competing services;
3.1.12impedes BCCR’s ability to provide its services, negatively impacts the operation,
use or performance of the Services for other users, or wastes BCCR’s resources; or
3.1.13involves the sending of, or participation in the sending of, unsolicited bulk
communications (spam).
3.2 If BCCR receives complaints from third parties regarding your use of the Services or the
use of the Services by your Consumers, you undertake to make all reasonable
endeavours to assist in resolving such complaints by cooperating with BCCR and, where
appropriate, with the relevant third party, keeping BCCR informed at all reasonable
times.
3.3 By accessing the training platform and digital materials, you confirm your agreement to
the Digital Content and Cancellation Terms set out in clause 7 of these Terms, including,
where applicable, the waiver of your statutory right to cancel in accordance with clause
7.3.
3.4 In order to ensure that the highest standard of training is maintained and that only
appropriately certified individuals deliver training services under the Belief Coding®
name, you agree and accept the following restrictions according to your certification
level:
3.4.1 Facilitators are not permitted to deliver group sessions in the Belief Coding®
methodology in any capacity; and
3.4.2 Master Facilitators are not permitted to share or demonstrate any part of the Belief
Coding® process to third parties free of charge and outside of a paid, formally
contracted client engagement. For the avoidance of doubt, Master Facilitators may
share or demonstrate the Belief Coding® process only within paid client
engagements that are consistent with these Terms. They must not, however,
package or resell Content as a standalone product or training course in breach of
clause 2.2.
3.4.3 For the purposes of clause 3.4.1, a “group session” includes any session,
workshop, group programme, class, live event, online group call, webinar or group
delivery (whether paid or free) in which the Belief Coding® methodology or process is
taught, demonstrated, facilitated or applied to more than one Client at a time,
regardless of the format or platform. Any permission to deliver group training must be
expressly granted in writing by BCCR under a separate licence or written agreement.
3.5 You must not contact or independently engage in dialogue with any government
organisation (including but not limited to the NHS or any other public health body)
regarding Belief Coding® on behalf of, or purportedly on behalf of, BCCR without
BCCR’s prior written consent.Nothing in this clause restricts you from: (a) complying with
any legal obligation; (b) responding to a lawful request from a competent regulatory or
law enforcement authority; or (c) making any protected disclosure under applicable law.
4. WHAT WE EXPECT FROM YOU
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4.1By purchasing any of our Services, you represent and warrant that: (a) you are aged 18
or over; (b) you are legally capable of entering into a binding contract; and (c) all
information you provide to us is true, accurate and not misleading.
4.2Our Services are designed to provide you with information, tools, materials and skills to
support your personal development and the development of your business. The Services
are not a substitute for counselling, psychotherapy or other regulated health services,
and BCCR are not medical practitioners, psychologists or regulated therapists. If you are
currently seeking medical or professional help in relation to your mental health, or if you
have any concerns about your mental capacity to participate in the programme, you must
seek advice from a qualified medical professional and must not participate in the
Services unless and until you are well enough to do so or have the written agreement of
your treating medical practitioner. You irrevocably acknowledge and agree that the
Services constitute a teaching programme only, and that no therapist-client relationship
shall be inferred or implied from these Terms or your participation in the Services, unless
specifically agreed in writing by BCCR.
4.3During your participation in the Services, you may be exposed to information or situations
that trigger deep or unresolved emotional responses. By accessing and participating in
the Services, you warrant and represent that you are mentally well enough to do so and
that you understand and accept personal responsibility for managing your own emotional
state. You agree not to hold BCCR liable for any emotional distress experienced as a
direct or indirect result of your access to the Services. BCCR reserves the right to
suspend or terminate your access to the Services where BCCR has reasonable
concerns about your suitability or safety. Nothing in this clause shall limit BCCR’s liability
for death or personal injury caused by BCCR’s own negligence, as further set out in
clause 12.1.
4.4As part of your participation in the Services, you may be prompted to review and make
decisions concerning your personal life, business, career, finances, lifestyle, education
and health. You accept that any such reviews, decisions, actions or plans are entirely
your own responsibility. BCCR shall not be liable for your failure to make decisions,
implement strategies or action plans, or for any outcomes (direct or indirect) arising from
your use of the Services.
4.5You are responsible for attending all Sessions as agreed and for participating fully, openly
and honestly during such Sessions.
4.6You must make all payments to BCCR as agreed and perform all other obligations set out
in these Terms.
5. GRANT OF USE RIGHTS AND RESTRICTIONS
5.1Subject to these Terms, BCCR grants you a limited, personal, non-exclusive,
non-transferable right to access the Services solely for the purpose of: (a) your own
training and development; and (b) providing individual one-to-one services to your own
clients using the skills and knowledge acquired through the Services, subject to the
restrictions in clauses 3.4 and 5.6.
5.2The right of access granted under clause 5.1 is personal to you. You may not share,
transfer or permit access to the Services to any other person without the express prior
written consent of BCCR.
5.3BCCR retains all ownership of and intellectual property rights in the Services and
Content. Nothing in these Terms grants you any right, title, licence or interest in the
Services, Content or BCCR Confidential Information beyond the limited right of access
set out in clause 5.1. BCCR reserves all rights not expressly granted herein.
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5.4You agree to maintain all copyright, trade mark and other proprietary notices that appear
on the Services and Content on all associated media. Except as otherwise provided in
these Terms, BCCR does not grant you any right to use its trade marks, service marks or
other proprietary designations without its prior written consent.
5.5You grant BCCR a non-exclusive licence to use and reproduce Customer Data to the
extent necessary for BCCR to fulfil its obligations under these Terms.
5.6Except to the extent expressly permitted by applicable law or by clause 5.1, you will not,
and will not allow any third party to:
5.6.1transfer, sell, lease, lend, disclose or otherwise permit access by third parties to the
Services or Content, or otherwise commercialise the Services;
5.6.2use, provide, or allow others access to the Services for the benefit of any third party
except as expressly permitted under clause 5.1;
5.6.3transfer, export or re-export the Services or any portion thereof in violation of any
applicable export control laws or regulations;
5.6.4copy, film, frame, share, screenshot or mirror any part of the Services; or
5.6.5access the Services in order to copy their features, functions or graphical elements
for any purpose.
5.7BCCR shall have a royalty-free, worldwide, transferable, sublicenseable, irrevocable
licence, for the duration of all applicable intellectual property rights, to use in connection
with the Services any suggestions, enhancement requests, feedback or ideas provided
by you or your clients relating to the operation of the Services.
6. FEES
6.1BCCR’s fees for the Services are set out on BCCR’s website, promotional literature or fee
schedule, as updated from time to time. BCCR may from time to time offer discounts or
promotional pricing at its sole discretion; BCCR is under no obligation to offer such
discounts and any promotional deadlines are final.
6.2Unless otherwise expressly agreed in writing, you are responsible for paying all fees due
under these Terms in full and on time.
6.3Without prejudice to any other rights or remedies available to BCCR, if any fees become
overdue or remain unpaid, BCCR may:
6.3.1charge interest on all overdue amounts at a rate of four per cent (4%) per annum
above the Bank of England base rate from time to time, accruing on a daily basis
from the due date until the date of actual payment;
6.3.2suspend or withhold the Services, including withdrawing you from any course you
are attending at the relevant time; and/or
6.3.3 impose a reasonable late payment administration charge to reflect the additional
administrative costs incurred as a result of late payment, capped at the lower of: (i)
£150; or (ii) 5% of the outstanding sum.
6.4BCCR reserves the right to withhold the issue of your final certification upon completion
of the Services if any fees remain outstanding at that time.
7. REFUNDS AND CANCELLATIONS
7.1The Belief Coding® Facilitator Course is a digital training product. Upon completion of
your purchase, you will receive immediate access to all course materials, digital Content
and training resources. Save as set out in clauses 7.3 and 7.5, and except where
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required by applicable law, no refunds are available once access to the Services has
been granted.
7.2Immediate Access: You acknowledge that, as part of your purchase, you are requesting
and consenting to the immediate supply of digital content. Access to all course materials,
digital Content and training resources will be made available to you upon completion of
your purchase.
7.3Waiver of Statutory Cancellation Right (Digital Content): Where you are a Consumer
for the purposes of the Consumer Contracts (Information, Cancellation and Additional
Charges) Regulations 2013, you ordinarily have a 14-day right to cancel. By completing
your purchase, you request immediate access to the digital content and expressly
consent to its immediate supply. You acknowledge that, once access to the digital
content has been provided, you lose your statutory right to cancel.
7.4No Refunds for Change of Mind or Non-Participation: Because this is a digital product to
which immediate access is granted upon purchase, BCCR does not offer refunds for
partial use of the Services, change of mind, or failure to participate once access has
been granted, save as set out in clause 7.5.
7.590-Day Satisfaction Guarantee: Notwithstanding clauses 7.1 and 7.4, if, within ninety (90)
calendar days of the earlier of: (a) the date you first receive access to the digital Content;
and (b) the date of your first live Session (if applicable), you consider that the Services
have not produced a meaningful positive transformation in at least one area of your life,
you may apply to BCCR for a full refund of the fees paid under these Terms (excluding
any non-refundable deposit paid under clause 7.6), subject to the following conditions:
7.5.1you must have completed all modules, sessions and assessments forming part of
the Services, including all parts up to and including the assessment level;
7.5.2you must submit your refund request in writing to BCCR within the 90-day period,
together with such evidence of completion as BCCR may reasonably require; and
7.5.3the final decision as to whether the conditions in this clause 7.5 have been met shall
be made by BCCR, acting reasonably and in good faith. BCCR will provide written
reasons for any refusal.
7.6Any deposit paid in relation to the Services is non-refundable, save where required by
applicable law or where BCCR has failed to provide the relevant Services.
8. DATA PROTECTION AND PRIVACY
8.1BCCR will process personal data in compliance with all applicable data protection
legislation, including the UK General Data Protection Regulation (UK GDPR) and the
Data Protection Act 2018. BCCR’s full Privacy Policy, which sets out how BCCR collects,
uses, stores and shares personal data, is available on BCCR’s website. Where it
contains information required by data protection law, it supplements these Terms.
9. TERMINATION
9.1Upon termination of these Terms for any reason, you shall immediately cease all use of
the Services and Content, and shall, if requested by BCCR, destroy or return all
Confidential Information in your possession or control.
9.2Without affecting any other right or remedy available to it, BCCR may terminate these
Terms with immediate effect by giving written notice to you if:
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(a)you commit a material breach of these Terms which is either incapable of remedy, or
which you fail to remedy within fourteen (14) days of being given written notice
requiring you to do so; or
(b)you fail to pay any amount due under these Terms on the due date for payment and
remain in default for not less than fourteen (14) days after being given written notice
requiring you to make such payment.
9.3Either party may terminate these Terms on not less than thirty (30) days’ written notice to
the other party.
In the event of termination by BCCR under this clause 9.3 (other than for breach), BCCR will
refund any fees paid by you that relate solely to live Sessions or live delivered services
which have been paid for but not yet provided as at the termination date, less any
non-refundable deposit. For the avoidance of doubt, no refund shall be due in respect of any
digital Content already supplied or access already granted, except where required by
applicable law or as expressly provided in clause 7.5.
10. WARRANTIES AND DISCLAIMERS
10.1BCCR warrants that it will provide the Services with reasonable care and skill and
materially in accordance with the description of the Services set out on BCCR’s website
from time to time.
10.2Subject to clause 10.1 and except as otherwise expressly provided in these Terms,
insofar as permitted by applicable law, the Services are provided on an “as is” basis and
BCCR makes no further warranties, representations or conditions, whether express or
implied, including any implied warranties of satisfactory quality, fitness for a particular
purpose or non-infringement.
10.3BCCR does not warrant that the Services will be uninterrupted, error-free or free from
viruses or other harmful components. BCCR will use reasonable endeavours to notify
you of any planned maintenance or downtime.
11. INDEMNITIES
11.1You shall defend, indemnify and hold harmless BCCR against any Claim made or
brought against BCCR by a third party:
11.1.1alleging that Customer Data, or your use of the Services in breach of these Terms,
infringes or misappropriates the intellectual property rights of a third party or
breaches any applicable law;
11.1.2arising from your use or misuse of the Services; or
11.1.3arising from the use or misuse of the Services by any person who has accessed
the Services using your account or credentials.
11.2In respect of any Claim described in clause 11.1, you shall indemnify BCCR against all
damages, fines, reasonable legal fees and costs finally awarded against BCCR by a
court of competent jurisdiction, or agreed by you in a court-approved settlement of such
Claim.
11.3BCCR shall: (a) promptly notify you in writing of any Claim for which it seeks
indemnification under this clause 11; (b) give you reasonable authority to defend or settle
the Claim (provided that BCCR may participate in its own defence at its own cost); and
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(c) provide you with such reasonable information and assistance as you may request in
connection with the defence of the Claim. BCCR shall not settle any Claim without your
prior written consent (not to be unreasonably withheld or delayed).
12. LIABILITY
12.1Nothing in these Terms shall exclude or limit the liability of either party for:
(a)death or personal injury caused by that party’s negligence;
(b)fraud or fraudulent misrepresentation; or
(c)any other liability that cannot be excluded or limited by applicable law.
12.2Subject to clause 12.1, in no event shall BCCR have any liability to you under or in
connection with these Terms (whether in contract, tort including negligence, or otherwise)
for:
12.2.1any financial loss, including loss of or damage to property, economic loss, cost of
replacement services, loss of profits, loss of revenue, loss of anticipated savings,
loss of orders, loss of goodwill, or loss resulting from damage to image or reputation,
whether direct or indirect; or
12.2.2any indirect, special or consequential loss or damage arising from or connected
with these Terms, however caused and whether or not such losses were foreseeable
or BCCR had been advised of their possibility.
12.3Subject to clause 12.1, BCCR’s total aggregate liability to you arising out of or in
connection with these Terms (whether in contract, tort including negligence, or otherwise,
and including any non-contractual claims) shall in no circumstances exceed the total
amount of fees paid by you to BCCR under these Terms in the twelve (12) months
preceding the event giving rise to the Claim.
12.4The parties acknowledge that the limitations and exclusions in this clause 12 are
reasonable having regard to, among other things, the level of fees payable under these
Terms.
13. CONFIDENTIALITY
13.1For the purposes of these Terms,
"Confidential Information" means all confidential or
proprietary information disclosed by one party (the "Discloser") to the other party (the
"Recipient"), whether disclosed orally or in writing, that is designated as confidential or
that a reasonable person would understand to be confidential in the circumstances of
disclosure. Confidential Information includes, without limitation: the Services and
Content; the terms of these Terms; and each party’s business and marketing plans,
technology, technical information, product plans and designs, and business processes.
Confidential Information does not include information that the Recipient can demonstrate
by contemporaneous written evidence:
13.1.1was or has become publicly available through no breach of these Terms by the
Recipient;
13.1.2was already known to the Recipient on a non-confidential basis prior to disclosure
by the Discloser, provided that: (a) the source of such information was not bound by
any obligation of confidentiality in respect of it; and (b) the Recipient notified the
Discloser of such prior knowledge promptly after becoming aware of the overlap; or
13.1.3was independently developed by the Recipient without use of or reference to the
Discloser’s Confidential Information.
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13.2The Recipient shall: (a) keep all Confidential Information strictly confidential; (b) not
disclose any Confidential Information to any person other than those who have a specific
need to know it for the purposes of these Terms; and (c) protect all Confidential
Information using at least the same degree of care it uses to protect its own confidential
information, and in any event not less than reasonable care.
13.3The Recipient shall not use the Discloser’s Confidential Information: (a) for any purpose
other than the purposes of these Terms; (b) in any manner that is detrimental to the
Discloser; or (c) for the Recipient’s own benefit or the benefit of any third party beyond
what is contemplated by these Terms.
13.4If the Recipient is required by law, court order or regulatory authority to disclose any
Confidential Information, the Recipient shall, to the extent lawfully permitted: (a) give the
Discloser not less than ten (10) Business Days’ prior written notice of the required
disclosure; (b) cooperate with the Discloser in seeking a protective order or other
appropriate remedy; and (c) if no such order is obtained, disclose only that portion of the
Confidential Information that the Recipient’s legal counsel advises is strictly required by
law, and use reasonable endeavours to obtain confidential treatment of such disclosure.
13.5The parties acknowledge that any breach of this clause 13 may cause the Discloser
irreparable harm for which damages would not be an adequate remedy. Accordingly, the
Discloser shall be entitled to seek injunctive relief or other equitable remedies in respect
of any actual or threatened breach, without the need to prove actual loss and without any
requirement to post a bond or other security. This right is in addition to any other rights or
remedies available to the Discloser. The Recipient shall indemnify the Discloser against
all direct and reasonably foreseeable losses arising from a breach of this clause 13.
Neither party shall be entitled to special, indirect or consequential damages under this
clause 13.
14. FORCE MAJEURE
14.1Neither party shall be liable to the other for any failure or delay in performing its
obligations under these Terms to the extent that such failure or delay is caused by
circumstances beyond that party’s reasonable control, including but not limited to acts of
God, pandemic, epidemic, fire, flood, war, terrorism, civil unrest, government action,
industrial dispute (other than one involving that party’s own employees), or failure of
utility services or telecommunications networks ("Force Majeure Event").
14.2The party affected by a Force Majeure Event shall: (a) give prompt written notice to the
other party describing the Force Majeure Event and its likely duration; (b) use all
reasonable endeavours to mitigate the effect of the Force Majeure Event; and (c) resume
performance of its obligations as soon as reasonably practicable after the Force Majeure
Event has ended.
14.3If a Force Majeure Event continues for more than sixty (60) consecutive days, either
party may terminate these Terms on written notice. In the event of termination under this
clause, BCCR will refund any fees paid by you that relate solely to live Sessions or live
delivered services which have been paid for but not yet provided as at the termination
date, less any non-refundable deposit. For the avoidance of doubt, no refund shall be
due in respect of any digital Content already supplied or access already granted, except
where required by applicable law or as expressly provided in clause 7.5.
15. GENERAL TERMS
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15.1Entire Agreement: These Terms constitute the entire agreement between the parties in
relation to the Services and supersede all prior representations, agreements and
understandings, whether oral or written, relating to their subject matter. No other terms or
conditions, whether appearing on BCCR’s website, on social media, or introduced by
you, shall be binding on BCCR or take precedence over these Terms.
15.2Notices: Any notice given under these Terms shall be in writing in the English language
and shall be deemed duly given if:
15.2.1delivered by hand, on the date and at the time of delivery;
15.2.2sent by first class post to the recipient’s last known address, in which case it shall
be deemed received on the second Business Day after posting;
15.2.3sent by email to the recipient’s last known email address on a Business Day
before 4:30pm, in which case it shall be deemed received on that day; or if sent after
4:30pm or on a non-Business Day, it shall be deemed received on the next Business
Day.
Either party may change its address for notices by giving written notice to the other
party in accordance with this clause 15.2.
15.3Waiver: No failure or delay by either party in exercising any right or remedy under these
Terms shall constitute a waiver of that right or remedy. No single or partial exercise of
any right or remedy shall preclude any other or further exercise of that right or remedy.
Any waiver must be in writing and signed by the waiving party to be effective.
15.4Assignment: Neither party may assign, transfer, charge, subcontract or deal in any other
manner with all or any of its rights or obligations under these Terms without the prior
written consent of the other party. Any purported assignment without such consent shall
be void. Subject to the foregoing, these Terms shall be binding on and shall inure to the
benefit of the parties and their respective successors and permitted assignees.
15.5Independent Parties: The parties are independent contracting parties. Nothing in these
Terms shall create or imply any agency, partnership, joint venture, employment or
fiduciary relationship between the parties.
15.6Variation: BCCR may vary these Terms in accordance with clause 1.3. Save as provided
in clause 1.3, no variation of these Terms shall be effective unless agreed in writing by
both parties.
15.7Severability: If any provision of these Terms is found by a court or other authority of
competent jurisdiction to be illegal, invalid or unenforceable, that provision shall be
deemed severed from the remaining provisions, which shall continue in full force and
effect. The parties shall negotiate in good faith to replace any severed provision with a
valid provision that, as far as possible, achieves the same commercial intent.
15.8Survival: Clauses 1, 2, 3, 5, 6, 7, 11, 12 and 13 shall survive the termination or expiry of
these Terms and remain binding on the parties, their successors and permitted
assignees.
15.9Governing Law and Jurisdiction: These Terms and any dispute or claim arising out of or
in connection with them or their subject matter or formation (whether contractual or
non-contractual) shall be governed by and construed in accordance with the laws of
England and Wales. Each party irrevocably agrees that the courts of England and Wales
shall have exclusive jurisdiction to settle any dispute or claim arising out of or in
connection with these Terms, and irrevocably waives any objection to proceedings being
brought in those courts on the ground of inconvenient forum or otherwise.
15.10Rights of Third Parties: A person who is not a party to these Terms shall have no right
under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these
Terms.
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15.11Counterparts: These Terms may be executed in any number of counterparts, each of
which shall constitute an original and all of which shall together constitute the same
agreement.
SCHEDULE: SUMMARY OF AMENDMENTS FROM PREVIOUS VERSION
The following amendments have been made to resolve contradictions and drafting errors
identified in the previous version:
•Clauses 1.3 and 15.6 (Amendment notice): Consolidated into a single, consistent
mechanism. Notice period of 10 Business Days applies uniformly. Clause 15.6
now cross-refers to clause 1.3 rather than setting out a separate (and conflicting)
variation mechanism.
•Clauses 2.2 and 3.4.2 (Master Facilitator permitted use): Amended to clarify the
distinction between permitted paid client work and prohibited resale of Content,
removing the ambiguity between these two provisions.
•Clauses 7.1, 7.4 and 7.5 (Refund policy): Restructured to make clear the hierarchy
of provisions. The 90-day guarantee in clause 7.5 is now expressly stated as an
exception to the general no-refund position. The guarantee is retained but
BCCR’s discretion is qualified by a duty to act reasonably and in good faith, and
written reasons must be given for any refusal.
•Clause 9.2 (Termination): Corrected entity name from "BCL" to "BCCR"
. Added
clause 9.3 providing for termination on notice.
•Clauses 11.2 (Indemnities): Corrected cross-reference from clause 9.1 (which
addressed termination) to clause 11.1 (which defines the relevant Claims).
•Clauses 12.2 and 12.3 (Liability): Corrected internal cross-references from
non-existent clauses 10.2 and 10.3 to the correct clause 12.1. Renumbered
sub-clauses within section 12 for consistency.
•Clauses 2.1 and 5.6.2 (Third-party use): Amended to make clear that the permitted
use under clause 5.1 (i.e., delivering services to your own Consumers) is carved
out from the prohibition in clause 5.6.2. This removes the circular inconsistency between
the grant of rights and the restrictions.