Terms and Conditions of Service

These 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.

"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.

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.

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).

“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

The 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.

You 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.

You agree not to use, attempt to use, or allow the Services to be used in any way that:

results 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;

results in, or could result in, damage to property or injury to any person;

is used to harass, menace or stalk any person;

involves 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;

interferes with or attempts to interfere with the integrity or proper functioning of the Services;

fails to observe any procedures that BCCR may from time to time prescribe for use of the Services;

is, in the reasonable opinion of BCCR, detrimental to other Facilitators or Master Facilitators;

places on, or transmits via, the internet any misleading or deceptive business or marketing practice;

constitutes a misuse of BCCR’s or any other person’s confidential information;

results in a breach by you of any obligation you owe to any third party;

solicits Facilitators, Master Facilitators or other individuals to become facilitators or practitioners of competing services;

impedes 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

involves the sending of, or participation in the sending of, unsolicited bulk communications (spam).

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.

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.

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:

Facilitators are not permitted to deliver group sessions in the Belief Coding^® methodology in any capacity; and

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.

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.

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.

By 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.

Our 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.

During 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.

As 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.

You are responsible for attending all Sessions as agreed and for participating fully, openly and honestly during such Sessions.

You must make all payments to BCCR as agreed and perform all other obligations set out in these Terms.

Subject 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.

The 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.

BCCR 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.

You 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.

You 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.

Except to the extent expressly permitted by applicable law or by clause 5.1, you will not, and will not allow any third party to:

transfer, sell, lease, lend, disclose or otherwise permit access by third parties to the Services or Content, or otherwise commercialise the Services;

use, provide, or allow others access to the Services for the benefit of any third party except as expressly permitted under clause 5.1;

transfer, export or re-export the Services or any portion thereof in violation of any applicable export control laws or regulations;

copy, film, frame, share, screenshot or mirror any part of the Services; or

access the Services in order to copy their features, functions or graphical elements for any purpose.

BCCR shall have a royalty-free, worldwide, transferable, sublicensable, 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.

BCCR’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.

Unless otherwise expressly agreed in writing, you are responsible for paying all fees due under these Terms in full and on time.

Without prejudice to any other rights or remedies available to BCCR, if any fees become overdue or remain unpaid, BCCR may:

charge 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;

suspend or withhold the Services, including withdrawing you from any course you are attending at the relevant time; and/or

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.

BCCR reserves the right to withhold the issue of your final certification upon completion of the Services if any fees remain outstanding at that time.

The 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 required by applicable law, no refunds are available once access to the Services has been granted.

Immediate 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.

Waiver 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.

No 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.

90-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:

you must have completed all modules, sessions and assessments forming part of the Services, including all parts up to and including the assessment level;

you 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

the 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.

Any 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.

BCCR 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.

Upon 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.

Without affecting any other right or remedy available to it, BCCR may terminate these Terms with immediate effect by giving written notice to you if:

(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.

Either 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.

BCCR 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.

Subject 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.

BCCR 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.

You shall defend, indemnify and hold harmless BCCR against any Claim made or brought against BCCR by a third party:

alleging 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;

arising from your use or misuse of the Services; or

arising from the use or misuse of the Services by any person who has accessed the Services using your account or credentials.

In 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.

BCCR 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

(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).

Nothing 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.

Subject 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:

any 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

any 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.

Subject 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.

The 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.

For 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:

was or has become publicly available through no breach of these Terms by the Recipient;

was 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

was independently developed by the Recipient without use of or reference to the Discloser’s Confidential Information.

The 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.

The 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.

If 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.

The 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.

Neither 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").

The 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.

If 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.

Entire 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.

Notices: Any notice given under these Terms shall be in writing in the English language and shall be deemed duly given if:

delivered by hand, on the date and at the time of delivery;

sent 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;

sent 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.

Waiver: 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.

Assignment: 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.

Independent 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.

Variation: 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.

Severability: 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.

Survival: 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.

Governing 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.

Rights 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.

Counterparts: 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.